HomeMy WebLinkAbout01-04-18 City Commission Packet Materials - A1. Ordinance 1978 Final, UDC Update - Attachment A, Clean VersionOrdinance 1978
Attachment A
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ARTICLE 1. GENERAL PROVISIONS
38.100 In General
Sec. 38.100.010. - Citation. (38.01.010)
This chapter is known and may be cited as the Unified Development Code of the City of Bozeman,
except when cited herein, where it is referred to as "this chapter."
Sec. 38.100.020. - Authority. (38.01.020)
This chapter is adopted by authority of MCA 76-2-301 et seq., MCA 76-3-101 et seq., and MCA 7-3-701
et seq. Additional city authority is granted by various other sections of state law and the authority
granted by those sections is incorporated as if set forth herein.
Sec. 38.100.030 - Jurisdictional area and application. (38.01.030)
These regulations govern the division, development and use of land within the city limits and lands
proposed for annexation to the city. These regulations 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 or pursuant to the city's powers.
Sec. 38.100.040 - Intent and purpose of chapter. (38.01.040)
A. The intent of this unified development chapter 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 growth 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 noncompliance with the standards
and procedures of this chapter; regulating the subdivision, development and use of land; preventing
the overcrowding of land; lessening congestion in the streets and highways; being in accord with the
growth policy; providing adequate light, air, water supply, sewage disposal, parks and recreation
areas, ingress and egress, and other public improvements; requiring development in harmony with
the natural environment; promoting preservation of open space; promoting development
approaches that minimize costs to local citizens and that promote the effective and efficient
provision of public services; securing safety from fire, panic, and other dangers; protecting the rights
of property owners’; requiring uniform monumentation of land subdivisions and transferring
interests in real property by reference to a plat or certificate of survey (MCA 76-3-102).
It is further the purpose of these regulations to: , consider the character of the district and its peculiar
suitability for particular uses, conserving the value of buildings, and encouraging the most
appropriate use of land throughout the jurisdictional area (MCA 76-2-304).
C. Further, to support the purposes of MCA 76-2-304 and 76-3-102, 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;
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3. Dedication of land for streets and roadways and for public utility easements;
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Minimization of unnecessary congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. 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;
15. Standards for the development and use of land;
16. Procedures for the review and approval for the development and use of land; and
17. Establishment of all other requirements necessary to meet the purposes of this chapter.
D. Pursuant to MCA 76-2-304, 76-1-605 and 76-1-606, these regulations are also intended to
implement the goals and objectives of the city's adopted growth policy. This chapter has been
evaluated for compliance with the growth policy as part of the process to adopt this chapter, and
has been found to comply with the growth policy.
Sec. 38.100.050. - Interpretation as minimum requirements. (38.01.050)
A. In their interpretation and application, the provisions of this chapter are 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 chapter are at variance with the requirements of any other lawfully adopted
rules or regulations, or wherever there is an internal conflict within this chapter, the most
restrictive requirements, or those imposing the higher standards, will govern.
B. In the case of a difference of meaning or implication between the text of this chapter and the
captions or headings for each section, the text controls.
C. When interpreting the meaning of this chapter, subsections of the chapter must be construed in a
manner that will give effect to them all as the chapter derives its meaning from the entire body of
text taken together.
D. These regulations apply uniformly within each zoning district to each class or kind of structure, land
or development as set forth in this chapter.
E. Graphics are provided to enable understanding of the adopted text. In the event of a conflict
between the text and graphic, the text must control.
Sec. 38.100.060. - Donations or grants to public considered a grant to donee. (38.01.060)
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.
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Sec. 38.100.070. - Conditions of approval. (38.01.070)
A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions
to land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated
by the state 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 chapter.
B. 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 original approval action; and
2. The project is not completed within the time period provided in the approval or by this chapter;
or
3. The requirement is part of an improvements agreement and security for completion of required
improvements prior to filing a final plat or other development.
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 must be considered to be
again opened for review and additional conditions may be applied. Modifications of conditions of
approval must be reviewed through the same process as the original application. Final action
includes the resolution of any appeals. The provisions of section 38.240.130.A.5.h may also apply to
revisions of conditions for preliminary plats.
C. Mandatory compliance with the explicit terms of this chapter does not constitute conditions of
approval and is not affected by the limitations of subsection B of this section.
Sec. 38.100.080. - Compliance with regulations required. (38.01.080)
A. No land may hereafter be subdivided, used or occupied, and no building, structure or part thereof
may hereafter be erected, constructed, reconstructed, moved or structurally altered, and no
development may 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 is subject to applicable regulations of the underlying
zoning district.
Sec. 38.100.090. - Development that lies within multiple jurisdictions. (38.01.090)
If a proposed development lies partly within the city and partly within unincorporated Gallatin County,
the proposed development must be submitted to and approved by both the city and the county.
Sec. 38.100.100. - Private restrictions. (38.01.100)
This chapter is not intended to affect any existing private agreement or condition such as a deed
restriction or covenant. If any provision of this chapter is more restrictive or imposes a higher standard
than any such private restriction, the requirements of this chapter control. Where the provisions of any
private restriction are more restrictive or impose higher standards than the provisions of this chapter,
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
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meet the requirements of this chapter or another required standard. The city may prohibit private
restrictions that violate applicable law. Covenants are subject to the requirements of section 38.220.320.
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Sec. 38.100.110. - Severability. (38.01.110)
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 will affect only that part held invalid and such decision will not affect, impair or nullify this
chapter as a whole or any other part thereof. Insofar as these regulations are more restrictive than any
other applicable law, these regulations control, and if any other law is more restrictive, the more
restrictive standard takes precedence over a standard set forth in these regulations.
38.110 Adopted Plans, Standards & Resolutions
Sec. 38.110.010. – Plans, standards & resolutions adopted by reference. (new)
The following plans and documents (as amended), are hereby adopted by reference as a part of or in
support of this chapter:
A. Design manual.
B. Guidelines for historic preservation & neighborhood conservation overlay district.
C. Engineering design standards.
D. Water administrative manual.
E. Parks administrative manual.
F. Parks and recreation master plan.
G. Bozeman long range transportation plan.
H. MT public works standards.
I. Federal wetland delineation manual.
J. Application fee resolution.
K. Cash-in-lieu of water rights resolution.
L. Other similar plans, manuals, guidelines, and standards formally adopted by the city.
Sec. 38.110.020. – Figures.
The figures in this chapter are for illustrative purposes only and do not constitute
regulatory standards. Figures may be revised, replaced, or added by administrative order
issued by the Director of Community Development.
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ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS
& PROCEDURES
38.200 Jurisdiction & Scope of Authority
Sec.38.200.010. - Review authority. (38.34.010)
A. The city commission has the right to review and require revisions to all development proposals
subject to this chapter, and delegates that authority in certain circumstances as set forth below. The
purpose of this review is to prevent demonstrable adverse impacts of the development upon public
safety, health or general welfare, or to provide for its mitigation; to protect public investments in
roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value
of adjoining buildings and/or property; to protect the character of the city; to protect the right of
use of property; advance the purposes and standards of this chapter and the adopted growth policy;
and to ensure that the applicable regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter;
b. Amendments to the text of this chapter or amendment to the zoning map;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for
development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two years;
e. Planned unit development preliminary plans and major amendments to planned unit
developments;
f. Appeals from administrative interpretations and final project review decisions;
g. Approval of park master plans;
h. Large scale retail per section 38.360.170; and
i. Exceptions to installation of bikeways and boulevard trails per section 38.400.110.E.
j. Conditional use permits when no board of adjustment is established;
k. More than two deviations or where deviation is for more than 20 percent of standard;
l. Amendments to text or zoning map per 38.260.
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable advisory
bodies approve, approve with conditions or deny all applications subject to this chapter except
those listed below. Decisions of the community development director are subject to the appeal
provisions of division 38.250 of this chapter.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in this
section;
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b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a
regularly scheduled meeting reclaim to itself the final approval of a development application
normally subject to the approval of the community development director. The vote must occur
prior to the action of the community development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment
must, upon recommendation from the applicable advisory bodies approve, approve with conditions
or deny those applications specifically delegated to it by the city commission. Decisions of the BOA
are subject to the appeal provisions of division 38.250 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a
regularly scheduled meeting reclaim to itself the final approval of a development normally
subject to the approval of the board of adjustment. The vote must occur prior to the action of
the board of adjustment.
D. The city engineer must review and upon recommendation from the applicable advisory bodies as
needed approve, approve with conditions or deny the following site elements and processes:
1. Site access and storm water for reuse and further development per section 38.230.160.B;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. The placement of private utility easements within public rights-of-way owned or controlled by
the city;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Exceptions to storm water controls per section 38.410.080;
7. All modifications or proposed standards in section 38.400.101 except section 38.400.010.A.1;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the public
per sections 38.400.060.A and B.1-3;
9. Alternate curb return radii per section38.400.090.C.2.e;
10. Locations and modifications to drive accesses to public streets per sections 38.400.090.G and H;
11. Street improvement standards per section38.400.060;
12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per section
38.540.020.D, F and J;
13. Protection of landscaped area per section38.550.050.H;
14. All actions required of the flood plain administrator per article 6 of this chapter;
15. Modifications in required completion time for subdivision improvements per section
38.270.030.B.1;
16. The use of a financial guarantee for paving of streets per 38.270.060.B;
17. The waiver of required information per section 38.220.080.A.2.i(3);
18. Requirement for a traffic impact analysis and determination of its contents per section
38.220.120.A.2.c(5);
19. Specifications for paving of streets and parking areas;
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20. Designation of street classifications for collectors and arterials not shown in the long range
transportation plan; and
21. Alternate parking angles for surface and structured parking stall configurations listed in Table
38.540.020. All other numeric standards apply.
E. The director of public works must review and upon recommendation from the applicable advisory
bodies as needed approve, approve with conditions or deny the following development elements
and processes:
1. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property
being developed per section 38.410.070;
2. Provision of water rights as authorized in section 38.410.130;
3. Subject to 38.400.060, exceptions to the level of service standards established in section
38.400.060.B.4;
4. Payment of cash in-lieu of capital facilities established in 38.270.070.C; and
5. Acceptable alternative sidewalk design or materials per 38.400.080.
F. The director of parks and recreation must determine the classification of trails per 38.420.110.D.
G. As detailed in division 38.200 of this chapter, the city commission authorizes the applicable advisory
bodies to review and to make recommendations to the review authority regarding development
proposals. Under this section, when advisory boards review and make recommendations to the
review authority they act in a quasi-judicial capacity. Recommendations do not constitute votes of
approval or denial.
H. The city commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified
through the review required by these regulations. The city commission or its designated
representatives may not unreasonably restrict a landowner's ability to develop land, but it is
recognized that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing that the
standards of this chapter are minimum requirements and the public health, safety, and general
welfare may be best served by exceeding those minimums, the city commission or community
development director may require as a condition of approval mitigation exceeding the minimums of
this chapter.
Sec.38.200.020. - Administration and enforcement; community development director authority.
(38.34.020)
A. The community development director must administer and enforce this chapter unless a specific
standard is clearly assigned in section 38.200.010 to another authority. The community development
director may be provided with the assistance of such other persons as the community development
director may supervise and those assistants will have the responsibilities as directed by the
community development director.
B. The community development director may in the administration of this chapter consult with other
persons having expertise in relevant subject areas as in the community development director's
opinion is necessary for the review of the proposed development or administration of the chapter.
When an authority other than the community development director is assigned responsibility for a
particular standard that authority must coordinate with the community development director in
administration of that standard.
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C. If the community development director or other administrator of standards finds that any of the
provisions of this chapter are being violated, they must notify in writing the person responsible for
such violations, indicating the nature of the violation and ordering the action necessary to correct it.
Such administrator may order discontinuance of illegal use of land, illegal additions, alterations or
structural changes; may order discontinuance of any illegal work being done; or may take any other
action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
Sec.38.200.030. - Enforcement; community development director. (38.34.030)
This chapter is enforced by the community development director and authorized representatives. No
development approval, subdivision approval, building permit or business or occupational use license may
be issued, except in compliance with the provisions of this chapter.
Sec.38.200.040. - Stop-work order by community development director, building official, city
engineer authority. (38.34.040)
Whenever any subdivision, development or building work is being done contrary to the provisions of
this chapter, the community development director will 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 must
immediately stop such work until authorized by the community development 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 contrary to the provisions of this chapter.
Sec.38.200.050. - Permission to enter. (38.34.050)
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 constitutes a grant of permission to enter the subject property. The grant of permission
must continue until all final actions required by the approval process have been completed.
Sec.38.200.060. - Inaccurate or incomplete information and waivers. (38.34.060)
A. The city must review each submitted application for completeness and sufficiency as described in
sections 38.240.130 and 38.230.070.
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 30 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
community development department.
2. The community development department must investigate the claim, the accompanying
information and proof, and make a report to the final approval authority within 30 working days
after receipt of the information. If the final approval authority is the city commission, the city
commission must consider the information and proof, and must make a determination regarding
the claim at a regular meeting. Notice of the meeting or presentation of the report must be
given to the claimant and the applicant.
Sec.38.200.070. - Coordinated reviews. (38.34.070)
When a proposed subdivision, development or use is also proposed to be annexed to the city, the city
must coordinate the development review and annexation procedures to minimize duplication of
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hearings, reports, and other requirements whenever possible. The city commission must 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.
Sec.38.200.080. - Date of submittal and associated review standards. (38.34.080)
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 adequate according to section 38.240.130 or for an extension under
division 38.240 of this chapter is submitted to the city.
B. Nonsubdivision. Review of nonsubdivision applications will be under such regulations as are in effect
at the time an application for approval of a preliminary site plan is deemed adequate according to
section 38.230.090; except that an interim zoning ordinance adopted according to MCA 76-2-306
applies to a nonsubdivision application without limitation to the date of adequacy 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
nonsubdivision application will be reviewed under the ordinances in effect on the date of the final
action on the application.
Sec.38.200.090. - Community development director and building official; plan application
checking; notice of noncompliance. (38.34.090)
A. It is the intent of this chapter that the community development director and building officialcheck all
development plans and applications for permits for compliance with this chapter both before and
during construction.
B. If, during this procedure, the community development director and/or the building official deems
that the proposed plan or construction does not comply with this chapter, the community
development director and/or building official must inform the applicant of the infraction and must
stop all construction on the project until such time as the applicant, builder or principal revises such
plan to conform to this chapter and/or fulfills the requirements of any mandated review procedure
as set forth in this chapter.
Sec.38.200.100. - Building permit requirements. (38.34.100)
A. No building or other structure may be erected, moved, added to or structurally altered and no land
use may be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to conditional
approval by the appropriate review authority and the issuance of a building permit, provided
such activity does not include excavation for foundations or the removal of mature, healthy
vegetation. Minor site surface preparation means disturbing less than one-half acre, movement
of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is
less. Any excavation and site disturbance must be in conformance with an approved stormwater
control plan. No excavation of foundations or setting of forms can commence until final site or
sketch plan approval has been granted and until building permits have been issued. Proceeding
prior to building permit issuance is at the hazard of the landowner.
a. Exception: When construction and funding of public streets are occurring under the
provisions of division 38.430 of this chapter, Planned Unit Development (PUD), the issuance
of building permits may be allowed prior to completion of infrastructure improvements,
pursuant to the provisions established in division 38.270 of this chapter.
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2. Building permit. Within the limits of the city, building permits must be obtained as provided by
10.02.020.
3. 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 as allowed in divisions 38.230 and 38.430.
Sec.38.200.110. - Permit issuance; conformity with regulations required. (38.34.110)
No permit or license of any type will be issued unless the plans and applications are in conformance with
the regulations contained within this chapter. Permits issued on the basis of plans and applications
approved by the building official and community development 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 is a
violation of this chapter, punishable as provided in this division.
Sec. 38.200.120. - Permits issued contrary to title deemed void. (38.34.120)
Any authorization, including without limitation subdivision approval, site plan approval or building
permit, issued, granted or approved in violation of the provisions of this chapter is 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 is
unlawful.
Sec. 38.200.130. - Expiration of permits. (38.34.130)
Every permit issued by the building official under the provisions of this chapter will expire by limitation
and become null and void in accordance with 10.02.020.
Sec.38.200.140. - Fee schedule. (38.34.140)
A. The city commission must establish a schedule of fees, charges and expenses and a collection
procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule
of fees for the procedures listed below will be set from time to time by the city commission by
resolution. The fees must be available in the office of the community development 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 may be issued unless or until such costs, charges, fees or
expenses have been paid in full, nor may 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.
Sec. 38.200.150. - Complaints of alleged violations; filing and recording. (38.34.150)
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a
written complaint. Such complaint, stating fully the causes and basis thereof must be filed with the
community development director. The community development director must record properly such
complaint and immediately investigate and take action thereon as provided by this chapter.
Sec.38.200.160. - Violation; penalty; assisting or abetting; additional remedies. (38.34.160)
The effective enforcement of adopted standards is necessary to accomplish their intended purpose. The
city has a variety of options for the enforcement of this chapter. The community development director
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must select the option which in their opinion is most suitable to the circumstance and violation. More
than one enforcement option may be used to attain compliance with the standards of this chapter when
deemed appropriate.
A. Violation of the provisions of this chapter 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 review authority is a
misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements
may upon conviction thereof be fined or imprisoned or both, either as set forth in state law
regarding subdivision and zoning, or in accordance with 1.01.210, and in addition must pay all costs
and expenses involved in the case except as stated in subsection D of this section.
1. Each day such violation continues is 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 Montana Subdivision and Platting Act is a
separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions of MCA
46-6-310 to any violator of this chapter.
C. 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.
D. If transfers not in accordance with these regulations or the Montana Subdivision and Platting Act are
made, the city attorney may commence an 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.
E. When a violation has not been corrected by the property owner after written notice from the city,
the enforcement officer or community development director may seek approval from the city
commission for filing at the county clerk and recorder's office a notice of violation or
noncompliance. Such notice serves to advise potential purchasers of existing violations of this
chapter or of on-going enforcement actions regarding a property. Such notice will clearly state that
the parcel or development on the parcel is in violation of this chapter and that correction of the
violation must be made prior to the city approving additional development or redevelopment of the
site. The notice must also describe the nature of the violation and applicable citations to the
relevant sections of this chapter.
1. When such a notice is to be filed the enforcement officer may either:
a. Through the office of the city attorney bring an action for civil and/or injunctive relief that
requests a court order to record a notice of violation or noncompliance; or
b. Schedule a public meeting to be held before the city commission requesting an order from
the city commission finding the violation valid and in need of correction, and authorizing the
recording of the notice of violation or noncompliance. Notice of such a hearing must be
provided as required by division 38.220 of this chapter.
2. When a violation has been corrected for which a notice of violation or noncompliance was filed,
the city must record a release of noncompliance indicating that the prior violation has been
corrected. The property owner is responsible for notifying the community development
department in writing of the correction of the violation or noncompliance. Upon receipt of such
notification by the property owner, the enforcement officer may conduct an inspection to verify
correction prior to the recording of the release.
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F. The city may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any provision of this chapter.
G. Violation of this chapter is a municipal infraction and may be punishable by a civil penalty as provided
in section 24.02.040, in addition to other remedies of this section except that the court may impose
the following minimum civil penalties.
1. Each day such violation continues is considered a separate offense and punishable as such. The
minimum civil penalty for violation of this chapter by the same person for the same violation
within a 12-month period is:
a. First citation: $100.00.
b. Second citation: $150.00.
c. Third and subsequent citations: $200.00.
d. The determining factor with respect to the civil penalty is the receipt of service of the
citation and not the judgment.
H. Nothing herein contained prevents the city from taking such other lawful action as is necessary to
prevent or remedy any violation.
I. Upon resolution of an identified instance of noncompliance with the standards of this chapter the
city may record a document with the Gallatin County Clerk and Recorder to give notice of the
resolution of the noncompliance.
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38.210 Development Review Committee (DRC), Design Review Board (DRB),
Administrative Design Review Staff (ADR), Wetlands Review Board
(WRB), Board Of Adjustment (BOA) Jurisdiction & Scope of Authority
Sec. 38.210.010. - Purpose of DRC, DRB, ADR, WRB, and BOA. (38.33.010)
A. Purpose. The development review committee (DRC), design review board (DRB), administrative
design review staff (ADR) and wetlands review board (WRB), if established, coordinate, expedite
and ensure fair and equitable implementation of this chapter. The objective, to be implemented
through their procedures and deliberations, is 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 chapter. All bodies authorized or referenced under this
division 38.210 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 evaluates all proposals subject to the provisions of this chapter. The DRC is the
body charged with reviewing items relating to public health and safety. The DRC acts as an
advisory body to the review authority established by section 38.200.010 for site plans,
conditional use permits, planned unit developments, divisions of land, zone map amendments,
annexations and other actions as requested by review authority.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR may review development applications subject to design review for zoning
amendments, or applications for moving, demolition or any other kind of permit.
4. WRB. The WRB, if established, has the duties and responsibilities established by 2.05.2900.
5. BOA. The BOA, if established, has the duties and responsibilities established by 2.05.2810.
B. Development review committee procedures established. To implement this purpose, certain
procedures will 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 is authorized to require the DRC to recommend denial
when in their view the project cannot meet the requirements and review criteria of this chapter and
acceptable conditions do not exist to cure the identified failings of the project. T must be set forth
in written staff reports or summary reviews prepared by the community development department
1. The DRC must at a minimum be composed of the following personnel: city engineer, fire
marshal, the streets superintendent, the sanitation superintendent, the water/sewer
superintendent, the community development director and the building official, and other such
personnel as the community development director deems necessary.
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, the county sanitarian, the county road
superintendent, and state or federal agencies, with other individuals to be included as necessary.
C. Design review board procedures established. The DRB will be convened as necessary and must
follow procedures as set forth in 2.05.3020.
D. Waiver of design review. In the event that the DRB is unable to convene a quorum or does not
have the necessary personnel to conduct the reviews required by this chapter, the requirement for
review by DRB is waived. Nothing in this section constitutes a waiver of the required review criteria
established in divisions 38.340, 38.430, and 38.600 of this chapter.
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E. Wetlands review board procedures. The WRB will be convened as necessary and must follow
procedures as set forth in 2.05.2920 when a WRB has been established.
F. Board of adjustment procedures established. The BOA will be convened as necessary and must
follow procedures as set forth in 2.05.2830 when a BOA has been established.
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38.220 Applications & Noticing
Part 1: Submittal Materials & Requirements
Sec. 38.220.010. - Submittal materials and requirements. (38.41.010)
All applications must be submitted on official forms prescribed by the community development
department. The application must 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. Supplemental material may be
required, depending on the application type. The format, size, and number of submittal materials is
established by the director of community development.
Sec. 38.220.020. - Streambed, streambank and/or wetlands permits. (38.41.020)
A. The developer must provide the community development 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:
1. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection
Bureau, Fisheries Division, Montana Fish, Wildlife and Parks.
2. Stormwater discharge general permit. Administered by the water quality bureau, state
department of environmental quality.
3. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the
board of supervisors, county conservation district.
4. Montana Floodplain and Floodway Management Act (Floodplain Development Permit).
Administered by the city engineering department.
5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and
the U.S. Environmental Protection Agency.
6. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of
Engineers.
7. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by state
department of environmental quality.
8. Montana Land-Use License or Easement on Navigable Waters. Administered by the state
department of natural resources and conservation.
9. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the
water rights bureau, state department of natural resources and conservation.
Sec. 38.220.030. - Subdivision pre-application plan. (38.41.030)
A. 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 topographic survey
required for the preliminary plat and must include:
1. Sketch map. A sketch map showing:
a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along
with adjacent lot and tract lines.
b. Location, name, width and owner of existing or proposed streets, roads and easements
within the proposed subdivision; existing streets, roads and easements within adjacent
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subdivisions and tracts; and the name of street or road that provides access from the nearest
public street or road to the proposed subdivision.
c. Location of all existing structures, including buildings, railroads, power lines towers, and
improvements inside and within 100 feet of the proposed subdivision.
d. Zoning classification within the proposed subdivision and adjacent to it. The zoning proposed
for the subdivision, if a change is contemplated.
2. Topographic features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
a. A current U.S. Geological Survey topographic map at the largest scale available with the
subdivision clearly outlined.
b. Embankments, watercourses, 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 section
38.220.020 that have been obtained for the project.
3. Utilities. The existing and proposed utilities located on and adjacent to the proposed subdivision
including:
a. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
4. Subdivision layout. The proposed layout of the subdivision showing the approximate:
a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each
block, tract and lot.
b. Street location, right-of-way width, and name.
c. Easement location, width and purpose.
d. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
e. Sites for commercial centers, churches, schools, industrial areas, multi-household units,
manufactured housing community and uses other than single-household residences.
5. Development plan. An overall development plan indicating future development of the remainder
of the tract, if the tract is to be developed in phases.
6. Name and location. A title block indicating the proposed name, quarter-section, section,
township, range, principal meridian and county of subdivision.
7. Notations. Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
8. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
9. Waivers. A list of waivers requested from the requirements of section 38.220.060 must be
submitted with the pre-application. The DRC is responsible for granting waivers, and the
community development department staff must notify the developer in writing of any waivers
granted from section 38.220.060 after the pre-application meeting or plan review.
10. Parks and recreation facilities. The following information must be provided for all land proposed
to meet parkland dedication requirements:
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a. Park concept plan, including:
(1) Site plan for the entire property; and
(2) The zoning and ownership for adjacent properties; and
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and
(4) General description of land, including size, terrain, details of location and history, water
features, and proposed activities; and
(5) Description of trails or other recreational features proposed to connect the proposed
park area to other park or open space areas.
b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in-lieu
review factors established by resolution of the city commission.
12. Affordable housing. Describe how the subdivision proposes to satisfy the requirements of
division 38.380.
13. Wildlife. Describe key wildlife habitat issues that may be associated with proposed subdivision.
Describe how the subdivision will consider fish and wildlife resources in the course of project
design. Describe subdivision early planning suggestions from local FWP field biologists at FWP
regional offices. This description should consider the following:
a. The species of fish and wildlife, including those designated as Species of Concern, that use all
or part of the project planning area (proposed subdivision site plus a one-half-mile radius
around it) on a year-round, seasonal, or periodic basis.
b. Existing vegetation, aquatic habitats, and wildlife habitats in the project planning area (e.g.,
water bodies and their associated riparian habitat, big game winter range, native grassland or
shrub land habitats, areas used by black or grizzly bears).
c. The proposed subdivision’s potential impacts on wildlife and wildlife habitat, both during
construction and at full build-out, taking any applicable fish and wildlife habitat standards into
account.
14. Waivers of right to protest. Include copies of or the recorded document numbers of all existing
waivers of right to protest special improvement districts or maintenance districts which are
applicable to the property proposed to be subdivided.
15. Water rights. Describe how the proposed subdivision intends to satisfy 38.410.130. Provide
documentation of all water rights appurtenant to the proposed subdivision; e.g. previous
payment-in-lieu of water rights, groundwater certificates, statements of claim, provisional
permits, decreed rights, canal or water users association shares etc.
Sec. 38.220.040. - Subdivision preliminary plat. (38.41.040)
A. The preliminary plat must be legibly drawn as specified in the application form provided by the
community development department. Where accurate information is required, surveying and
engineering data must be prepared under the supervision of a registered engineer or registered land
surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal must
include the following:
1. Pre-application information. All information required with the pre-application plan, as outlined in
section 38.220.030.
2. 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.
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3. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width
of the right-of-way, grades 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.
4. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
5. Adjoining owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
6. 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 must be given.
7. Section corner. The approximate location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary.
8. Phased improvements. If the required improvements are to be completed in phases after the
final plat is filed, the approximate area of each phase must be shown on the plat.
9. Contours. Ground contours must be provided for the tract according to the following
requirements:
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five feet intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
10. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-
application process must be submitted with the preliminary plat application.
11. 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 must include a
written request from the developer's professional engineer, licensed in the state, 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.
Sec. 38.220.050. - Preliminary plat supplements required for all subdivisions. (38.41.050)
A. The following supplemental information must be submitted with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets
and roads.
2. Subdivision map. Map of entire subdivision as specified on the application form provided by the
community development department.
3. Variances. A written statement describing any requested subdivision variance and the facts of
hardship upon which the request is based (refer to division 38.250 of this chapter).
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4. 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 must 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.
5. Documents and certificates. Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners’ association.
b. Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of-way or drive aisles intersect state, county or city highways, streets or
roads.
c. A letter of approval or preliminary approval from the city where a zoning change is
necessary.
d. A draft of such other appropriate certificates.
e. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
6. Street profile sheets. Profile sheets for street grades greater than five percent.
7. Application and fee. Completed preliminary plat application form, with the original signatures of
all owners of record or their authorized representatives, and the required review fee. If an
authorized representative signs on behalf of an owner of record, a copy of the authorization
must be provided.
8. Noxious weed management and revegetation plan. Noxious weeds must be controlled in all
developments as directed by the county weed control district (district) in accordance with the
Montana County Noxious Weed Control Act (MCA 7-22-21). The developer must 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 must be submitted with
the preliminary plat application. This plan must ensure the control of noxious weeds upon
preliminary plat approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
9. Sanitation information. When the subdivision does not qualify for the certification established in
section 38.240.100 the subdivider must provide the information regarding sanitation set forth in
MCA 76-3-622.
Sec. 38.220.060. - Additional subdivision preliminary plat supplements. (38.41.060)
A. The following list of preliminary plat application supplements must also be provided for all
subdivisions unless waived by the development review committee during the pre-application
process. The developer must 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 chapter and the
Montana Subdivision and Platting Act. The need for additional information is determined during the
pre-application process.
1. Surface water.
a. 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:
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(1) 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.
(2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs,
irrigation or drainage systems.
b. Description.
(1) 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.
(2) Describe proximity of proposed construction (such as buildings, sewer systems, streets)
to surface waters.
c. 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 article 6 of this chapter, as
appropriate.
d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this
chapter, then a delineation of the wetland must be shown on the preliminary and final plats.
e. Permits. Include copies of any permits listed in section 38.41.020 that have been obtained for
the project.
2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat in
compliance with article 6 of this chapter.
3. Groundwater.
a. 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 must be determined from
tests taken during the period of major concern as specified in writing by the county
environmental health department. Specific locations for test holes may also be determined by
the county environmental health department.
b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
4. Geology; soils; slopes.
a. 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.
b. 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 in
subsection A.4.a of this section.
c. 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.
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d. Soils map. The subdivision must be overlaid on the 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
must provide the following soil reports, which can be obtained from the NRCS:
(1) The physical properties and engineering indexes for each soil type;
(2) Soil limitations for building and site development, and water features for each soil type;
(3) Hydric soils report for each soil type. If hydric soils are present, the developer must
provide a wetlands investigation by a certified consultant, using the current Federal
Manual for Identifying and Delineating Jurisdictional Wetlands; and
(4) The developer must provide any special design methods planned to overcome the above
limitations.
e. 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.
5. Vegetation.
a. Vegetation map. On a plat overlay or sketch map:
(1) Indicate the distribution of the major vegetation types such as marsh, grassland, shrub,
coniferous forest, deciduous forest or mixed forest.
(2) 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.
b. Protective measures. Describe measures to preserve trees and critical plant communities
(e.g., design and location of streets, lots and open spaces).
6. Wildlife.
a. Species. Describe species of fish and wildlife which use the area affected by the proposed
subdivision.
b. 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.
c. Pets/human activity. Describe the expected effects of pets and human activity on wildlife.
d. Public access. Describe the effects on public access to public lands, trails, hunting or fishing
areas.
e. 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).
f. Discussion of impact; documentation. The developer must discuss the impact of the
proposed development on fish and wildlife with the state department of fish, wildlife and
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Parks (FWP). With the preliminary plat, the developer must provide written documentation
from FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome any adverse impacts.
7. Historical features.
a. Affected areas. Describe and locate on a plat overlay or sketch map any known or possible
historic, paleontological, archaeological, or cultural sites, structures, or objects which may be
affected by the proposed subdivision.
b. Protective measures. Describe any plans to protect such sites or properties.
c. Procedures. Describe procedures to be followed if any historic, paleontological,
archaeological, cultural sites, structures or object are found on site during site preparation
and construction.
d. Discussion of impact; documentation. The developer must 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 must provide
written documentation from SHPO that:
(1) Verifies that SHPO has reviewed the proposed plat;
(2) Lists any SHPO recommendations;
(3) Outlines any plans for inventory, study, and/or preservation; and
(4) Describes any mitigation planned to overcome any adverse impacts.
e. Preparation of information. Information on historical sites must be prepared by a qualified
professional, including persons with a professional or educational background in history,
architectural history, archaeology, art history, historic preservation, anthropology and
cultural resource management.
8. Agriculture.
a. Number of acres in production and type of production.
b. Agricultural operations in the vicinity, and other uses of land in the general vicinity.
c. The productivity of the land.
d. Whether or not the property is part of a viable farm unit, and whether the property was
under production during the last regular season.
e. What measures will be taken, if any, to control family pets.
f. 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.
9. Agricultural water user facilities.
a. Type, description, ownership and users of facilities.
b. Written documentation demonstrating active use of facilities, for example the delivery of
non-potable water supplies for irrigation, conversion to stormwater facilities, or other use. If
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a facility is not being actively used, include a written plan for discontinuance including all
documentation required pursuant to Montana Law.
c. Describe any proposed realignment. All realignments must comply with all relevant
requirements of Montana law.
d. Information from the owner(s) of the facility concerning the proposed use or discontinuance
of the facility.
10. Water and sewer. Provide an engineering design report and/or other documentation
demonstrating that adequate water distribution systems and capacity, and sewage collection and
disposal systems and capacity, exists or will be provided to serve the proposed subdivision.
a. Water rights. Describe how the proposed subdivision intends to satisfy 38.410.130. Provide
documentation of all water rights appurtenant to the proposed subdivision; e.g. previous
estimates or actual payment-in-lieu of water rights, certified well logs, decrees or
adjudications, etc.
11. Stormwater management. A stormwater management plan meeting the requirements of section
40.04.700 and the city’s adopted stormwater master plan.
12. Streets, roads and alleys.
a. 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
must demonstrate that the land to be subdivided has access onto a legal street.
b. 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 section 38.400.090.
c. Modification of existing streets, roads or alleys. Explain any proposed closure or modification
of existing streets, roads or alleys.
d. Dust. Describe provisions considered for dust control on alleys.
e. 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.
f. 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:
(1) The report format must be as follows:
(a) Trip generation, using the Institute of Transportation Engineers Trip Generation
Manual;
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan, including access points, modifications and any mitigation
techniques.
(2) The report must include the following information:
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(a) 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.
(b) Traffic graphics, which show:
(i) A.M. peak hour site traffic;
(ii) P.M. peak hour site traffic;
(iii) A.M. peak hour total traffic;
(iv) P.M. peak hour total traffic;
(v) Total daily traffic (with site-generated traffic shown separately).
(c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity analysis
provided for:
(i) All major drive accesses that intersect collector or arterial streets or roads; and
(ii) All arterial-arterial, collector-collector and arterial-collector intersections within
one-half mile of the site, or as required by the city engineer during the pre-
application review, concept plan review, or informal project review.
(d) For two-way stop controlled intersections, analysis of whether the intersection
would satisfy signalization warrants if the two-way stop control was removed.
g. 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.
h. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways,
lanes or routes to be developed with the development.
i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including
locations and turning radius templates.
13. Utilities. The developer must submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer must provide written documentation of the
following:
a. Affected utilities. Indicate which affected utilities the subdivision plat has been submitted to
for review, and include a copy of responses.
b. Include a description of:
(1) The method of furnishing electric, natural gas, cable TV, internet or telephone service,
where provided.
(2) Estimated timing of each utility installation.
(3) The developer must provide a written statement from the utility companies that the
proposed subdivision can be provided with service.
14. 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.
15. Land use.
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a. Indicate the proposed use and number of lots or spaces in each:
(1) Residential area, single-household;
(2) Residential area, multiple-household. Types of multiple-household structures and
numbers of each (e.g., two or four unit structures);
(3) Planned unit development (number of units);
(4) Condominium (number of units);
(5) Manufactured housing community (number of units);
(6) Recreational vehicle park;
(7) Commercial or industrial; and
(8) Other (please describe).
16. Parks and recreation facilities. The following information must be provided for all land used to
meet parkland dedication requirements:
a. Park plan. A park plan, including:
(1) Site plan with one-foot contour topographic survey for the entire property; showing
developer installed improvements on the initial park plan and proposed future
improvements on the future park plan, and phasing proposed if any;
(2) Drainage areas;
(3) Utilities within, serving, and adjacent to the property;
(4) The zoning and ownership for adjacent properties;
(5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of
watercourse setbacks and any permits from non-city agencies required to execute the
proposed plan;
(6) Park landscaping plan, prepared by a qualified landscape professional in accordance with
section 38.220.100, showing the location and specific types and species of plants, shrubs,
trees as well as grass seed mixes and the irrigation system including but not limited to
identification of water source, points of connection, mains, laterals, valves, zones, and
sprinkler heads;
(7) General description of land, including size, terrain, details of location and history, water
features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city standards and trail
classifications;
(9) The requirement for approval of the final park plan by the review authority with a
recommendation from the city recreation and parks advisory board prior to any site
work;
(10) The requirement for a preconstruction meeting prior to any site work;
(11) Appropriate sections from the design guidelines for city parks;
(12) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and
responsibility for all improvements;
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(13) 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;
(14) Soils information and analysis;
(15) A description of how the proposed park plan is consistent with the goals of the city’s
long range parks plan;
(16) A description of how the proposed park will meet the recreational needs of the
residents of the development;
(17) The proposed manner of providing irrigation to the park including water source, amount
of water expected to be consumed annually, and proposed manner of transfer of water
facilities and rights to the city; and
(18) A phase I environmental assessment of the area proposed to be transferred to the city
or property owner’s association.
b. Park maintenance.
(1) Maintenance information, including levels of maintenance, a maintenance schedule, and
responsible parties;
(2) Weed control plan, including responsible parties; and
(3) Plan for garbage collection, snow removal and leaf removal including responsible parties.
c. Irrigation information.
(1) 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) If a well will be used for irrigation, a certified well log must be submitted showing depth
of well, gpm, pump type and size, voltage, water rights, etc.
d. Phasing. If improvements will be phased, a phasing plan must be provided including proposed
financing methods and responsibilities.
e. Cash-in-lieu. If the development includes a proposal for cash-in-lieu of park a specific
justification responding to the cash-in-lieu review factors established by resolution of the city
commission. If improvements-in-lieu are proposed specific costs of proposed improvements
and costs to install must be provided.
17. Neighborhood center plan. A neighborhood center plan must be prepared and submitted for all
subdivisions containing a neighborhood center.
18. Lighting plan. The following subdivision lighting information must be submitted for all new
subdivisions:
a. For subdivision applications where lighting is required or proposed, lighting plans must be
submitted to the city for review and approval, and must include:
(1) Isofootcandle plots for individual fixture installations, and ten-foot by ten-foot
illuminance-grid plots for multifixture installations, which demonstrate compliance with
the intensity and uniformity requirements as set forth in this chapter.
(2) Description of the proposed equipment, including fixture manufacturer's cutsheets,
photometrics, glare reduction devices, lamps, on/off control devices, mounting heights,
pole foundation details and mounting methods.
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(3) The lighting plan must be prepared, and certified for compliance with the city's design
requirements and illumination standards, by a qualified lighting professional. Qualified
lighting professionals include electrical engineers, architects, lighting designers and
manufacturers representatives.
(4) Lighting calculations may include only the illuminated areas; areas occupied by buildings
or other nonlighted areas must be excluded from calculations.
b. When requested by the city, the applicant must 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.
c. Post-approval alterations to lighting plans or intended substitutions for approved lighting
must only be made after city review and approval.
19. Miscellaneous.
a. 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.
b. 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 must 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.
c. Wildlands-Urban Interface. Describe the subdivision’s location within or proximity to the
Wildlands-Urban Interface (WUI) and ember zone designated by the most recent city-
adopted hazard mitigation plan. Describe any hazard from the subdivision’s proximity to the
WUI. List any provisions that will be used to mitigate these hazards and reduce structure
ignitability.
20. Affordable housing. Describe how the subdivision will satisfy the requirements of division
38.380. The description must be of adequate detail to clearly identify those lots designated as
subject to division 38.380 compliance requirements and to make the obligations placed on the
affected lots readily understandable.
a. On all lots intended to be used to satisfy the requirements of division 38.380, the allowable
building envelope must be depicted.
Sec. 38.220.070. - Final plat. (38.41.070)
A. The following materials must be provided with each application for final plat approval. Materials
must be provided in the number of copies and form established by the director of community
development.
1. A letter from the city engineer certifying that the following documents have been received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public
improvements, including a complete grading and drainage plan.
b. Copy of the state highway access or encroachment permit where a street created by the plat
will intersect with a state highway.
2. Noxious weed MOU. Prior to final plat approval, a memorandum of understanding must be
entered into by the weed control district and the developer. The memorandum of
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understanding must be signed by the district and the developer prior to final plat approval, and a
copy of the signed document must be submitted to the community development department
with the application for final plat approval.
3. Final park plan. For all land used to meet parkland dedication requirements, a final park plan
must be submitted to the city for review and approval prior to final plat. The final park plan
must include all of the information listed in section 38.220.060.A.16 and must include evidence
of compliance with the installation requirements of division 38.270.
4. Irrigation system as-builts. The developer must provide irrigation system as-builts, 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 must include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
5. Affordable housing. The developer must provide a description of how the subdivision has
complied with division 38.380. The description must be of adequate detail to clearly identify
those lots designated as subject to division 38.380 compliance requirements and to make the
obligations placed on the affected lots readily understandable.
6. Conditions of Approval. A sheet(s) of the plat depicting conformance with subdivision
application approval must be submitted as set forth in 24.183.1107 ARM as may be amended and
as required by the county clerk and recorder, and must:
a. be entitled "Conditions of Approval of [insert name of subdivision]" with a title block
including the quarter-section, section, township, range, principal meridian, county, and, if
applicable, city or town in which the subdivision is located.
b. contain any text and/or graphic representations of requirements by the governing body for
final plat approval including, but not limited to, setbacks from streams or riparian areas,
floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels.
c. include a certification statement by the landowner that the text and/or graphics shown on
the Conditions of Approval sheet(s) represent(s) requirements by the governing body for
final plat approval and that all conditions of subdivision application have been satisfied.
d. include a notation stating that the information shown is current as of the date of the
certification, and that changes to any land-use restrictions or encumbrances may be made by
amendments to covenants, zoning regulations, easements, or other documents as allowed by
law or by local regulations.
e. include a notation stating that buyers of property should ensure that they have obtained and
reviewed all sheets of the plat and all documents recorded and filed in conjunction with the
plat, and that buyers of property are strongly encouraged to contact the local community
development department and become informed of any limitations on the use of the property
prior to closing.
f. list all associated recorded documents and recorded document numbers.
g. include a tabulation of parkland credit for the entire subdivision and attributed to each lot.
h. include a tabulation of open space.
i. list easements, including easements for agricultural water user facilities.
7. Documents. The following documents must accompany the final plat:
a. a title report or certificate of a title abstractor;
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b. any covenants or deed restrictions relating to the subdivision;
c. the security required pursuant to 38.270.060, securing the future construction of any
remaining private or public improvements to be installed;
d. unless otherwise provided in this chapter, copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan, with the
certification of a professional engineer that all required improvements which have been
installed are in conformance with the attached plans. The subdivider must file copies of final
plans, profiles, grades, and specifications for improvements, including a complete grading and
drainage plan, with the certification of a professional engineer that all required improvements
which have been installed are in conformance with the attached plans, with the city
engineering division of the department of public works and the city parks department. A
statement must be included on the Conditions of Approval sheet stating where the plans can
be obtained;
e. if a street, alley, avenue, road, or highway created by the plat will intersect with a state or
federal right-of-way, a copy of the access or encroachment permit;
f. a title report or certificate of a title abstractor for any off-site land intended to satisfy park
dedication requirements;
g. any deeds or documents for transfer of land and/or improvements to the city or the
property owners’ association or other entity;
h. any deeds or documents for transfer of water rights; including but not limited to all required
state department of natural resources and conservation documentation, e.g. ownership
update form, permit, groundwater certificate and/or change authorization; and
i. any other documents satisfying subdivision application approval required by the governing
body to be filed or recorded.
8. The developer must submit with the application for final plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions have been satisfactorily addressed. This narrative must be in sufficient detail to direct
the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal.
Sec. 38.220.080. - Site plan submittal requirements. (38.41.080)
A. Applications for all site plan approvals must be submitted to the community development
department on forms provided by the community development director.
1. General information.
a. Complete, signed application including the following:
(1) Name of project/development;
(2) Location of project/development by street address and legal description;
(3) Name and mailing address of developer and owner;
(4) Name and mailing address of engineer/architect, landscape architect and/or planner;
(5) Listing of specific land uses being proposed; and
(6) A statement signed by the owner of the proposed development of their intent to
comply with the requirements of this Code and any conditions considered necessary by
the approval body;
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b. Location map, including area within one-half mile of the site;
c. List of names and addresses of property owners’ according to division 38.220 of this chapter;
d. For all developments, excluding sketch and reuse/further development, a construction route
map must be provided showing how materials and heavy equipment will travel to and from
the site. The route must 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.
2. Site plan information. The following information is required whenever the requested information
pertains to zoning or other regulatory requirements of this chapter, existing conditions on-site
or conditions on-site which would result from the proposed development:
a. Boundary line of property with dimensions;
b. Date of plan preparation and changes;
c. North point indicator;
d. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet;
e. Parcel and site coverage information:
(1) Parcel size in gross acres and square feet;
(2) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio,
FAR), with a breakdown by land use; and
(3) Location, percentage of parcel and total site, and square footage for the following:
(a) Existing and proposed buildings and structures;
(b) Driveway and parking;
(c) Open space and/or landscaped area, recreational use areas, public and semipublic
land, parks, school sites, etc.; and
(d) Public street right-of-way;
f. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel;
g. 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:
(1) Topographic contours at a minimum interval of two feet, or as determined by the
community development director;
(2) Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites
adjacent to major arterial streets where the distances must be 200 feet;
(3) On-site streets and rights-of-way;
(4) Ingress and egress points;
(5) Traffic flow on-site;
(6) Traffic flow off-site;
(7) Utilities and utility rights-of-way or easements:
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(a) Electric;
(b) Natural gas;
(c) Telephone, cable TV, optic fiber, and similar utilities;
(d) Water; and
(e) Sewer (sanitary, treated effluent and storm);
(8) Surface water, including:
(a) Holding ponds, streams and irrigation ditches;
(b) Watercourses, water bodies and wetlands;
(c) 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 survey or other objective and factual
basis; and
(d) A floodplain analysis report in compliance with article 6 of this chapter if not
previously provided with subdivision review;
(9) 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;
(a) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc., which may be incorporated into the storm drainage system for the
property must be designated:
(i) The name of the drainageway (where appropriate);
(ii) The downstream conditions (developed, available drainageways, etc.); and
(iii) Any downstream restrictions;
(10) Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features;
(11) Sidewalks, walkways, drive aisles, 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 design standards and specifications policy, and
the city modifications to state public works standard specifications;
(12) 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;
(13) Fences and walls, including typical details;
(14) Exterior signs;
(15) Exterior refuse collection areas, including typical details;
(16) A site plan, complete with all structures, parking spaces, building entrances, traffic areas
(both vehicular and pedestrian), vegetation that might interfere with lighting, and
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adjacent uses, containing a layout of all proposed fixtures by location and type. The
materials required in section 38.220.060.A.18, if not previously provided;
(17) Curb, asphalt section and drive approach construction details;
(18) Landscaping (detailed plan showing plantings, equipment, and other appropriate
information as required in section 38.220.100);
(19) Unique natural features, significant wildlife areas and vegetative cover, including existing
trees and shrubs having a diameter greater than 2.5 inches, by species;
(20) Snow storage areas;
(21) Location of city limit boundaries, and boundaries of Gallatin County's Bozeman Area
Zoning Jurisdiction, within or near the development;
(22) Existing zoning within 200 feet of the site;
(23) Historic, cultural and archaeological resources, describe and map any designated historic
structures or districts, and archaeological or cultural sites; and
(24) Major public facilities, including schools, parks, trails, etc.;
h. 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 nonemployee parking spaces, existing and proposed, and total square footage
of each;
i. The information required by section 38.220.060.A.12, subject to the following exceptions:
(1) Such information was previously provided through a subdivision review process; or
(2) The provision of such information was waived in writing during subdivision review of the
land to be developed; or
(3) The provision of such information is waived in writing by the city engineer prior to
submittal of a preliminary site plan application; or
(4) The application for site plan approval involves the redevelopment of property located
within the city's established neighborhood conservation overlay district. In such cases,
the city may require the property owner to sign a waiver of right to protest creation of
a special improvement district, or other form of agreement, assuring participation, on a
fair share, pro-rata basis, in future improvements to intersections in the vicinity of the
development proposal; or
(5) The application for site plan approval involves the adaptive reuse of an existing building,
regardless of its location within the city, or the redevelopment of a property located
within one of the city's urban renewal districts. In cases where an existing building or
complex of buildings is to be torn down and replaced with a larger building or complex
of buildings, the city engineer may require the information described in section
38.220.060.A.12 to evaluate the additional traffic impacts resulting from development of
the larger building or complex of buildings;
j. Building design information (on-site):
(1) Building heights and elevations of all exterior walls of the building or structure;
(2) 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;
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(3) Floor plans depicting location and dimensions of all proposed uses and activities; and
(4) All on-site utilities and mechanical equipment;
k. 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;
l. Temporary facilities plan showing the location of all temporary model homes, sales offices
and/or construction facilities, including temporary signs and parking facilities;
m. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with section 38.220.050; and
n. Drafts of applicable supplementary documents as set forth in division 38.220 of this chapter;
o. The information necessary to complete the determination of density change and parkland
provision required by section 38.420.020.B, 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 section 38.220.060.A.16, must be provided;
p. Affordable housing. Describe how the site plan will satisfy any requirements of division
38.380 which have either been established for that lot through the subdivision process or if
no subdivision has previously occurred are applicable to a site plan. The description must be
of adequate detail to clearly identify those lots and dwellings designated as subject to division
38.380 compliance requirements and to make the obligations placed on the affected lots and
dwellings readily understandable;
q. Phased site plans:
(1) A phasing plan showing the location of phase boundaries and that each phase will be fully
functional if subsequent phases are not completed;
(2) A utilities plan showing that each phase will be able to be fully functional if subsequent
phases are not completed;
(3) A revegetation and grading plan showing how disturbed areas will be revegetated to
control weeds and site grading and drainage control will be maintained as phased
construction proceeds;
(4) If the applicant intends for multiple phases to be under construction simultaneously,
evidence of financial commitment from the project lender for the completion of all
phases to be undertaken at once. Evidence of financial commitment may be provided at
the time the building permits for the multiple phases are sought.
r. When 38.420.020 requires parkland dedication in association with a site plan, and cash-in-lieu
of parkland will not be provided, the materials required by 38.220.060.A.16.
Sec. 38.220.090. - Certificates of appropriateness; additional application requirements, review
procedures and review criteria. (38.41.090)
A. Submittal requirements for certificates of appropriateness. All development proposals requiring
certificates of appropriateness (e.g., located in a neighborhood conservation district or historic
property/structure) must 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 and historic property/structures. Certain
information must be provided to the appropriate review authority to review prior to granting or
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denying a certificate of appropriateness. The extent of documentation to be submitted on any
project is 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 must be included in the submission:
a. Completed application on form provided by the community development 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 may be submitted and all pictures must be
mounted on letter-size sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information;
c. Sketch plan or site plan information, as per section 38.230.050 or 38.230.060;
d. Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's
proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Description of any applicant-requested deviation and a narrative explanation as to how the
requested deviation will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community;
i. An illustration showing all internal and external elements of a structure to be removed or
altered by a project. All elements to be removed or altered, and to what extent, must be
clearly identified and must include those elements to be removed and reinstalled;
j. If demolition of a historic structure, as defined in article 7 of this chapter, is proposed a
structural analysis and cost estimates indicating the costs of repair and/or rehabilitation to
bring the structure to a habitable condition as established by the applicable technical codes in
Article 10.02, versus the costs of demolition and redevelopment. Analysis must include cost
estimates from more than one general contractor for the work. The cost comparison is
between the cost to rehabilitate the structure to a condition which meets the building code
standard for occupancy and demolition and construction of a new structure of the same type
and scale to building code standards.
k. If a building is claimed to be unsafe evidence to support that claim;
l. For any non-conforming structure, an analysis of demolition to determine whether the
threshold for loss of protected non-conforming status per 38.280.040.B has been met or
surpassed; and
m. Such other information as may be required by the community development department.
2. It is further suggested that the applicant seek comments from the neighborhood or area.
Sec. 38.220.100. - Submittal requirements for landscape plans. (38.41.100)
A These landscape regulations apply to a lot or site subject to plan review and approval outlined in
division 38.230 of this chapter. A separate landscape plan must be submitted as part of the site plan
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application unless the required landscape information can be included in a site plan that meets
formatting requirements as determined by the city and the standards listed below.
B. Preparation of landscape plan. Landscape plans must be prepared and certified by:
1. A state-registered landscape architect;
2. An individual with a degree in landscape design and two years of professional design experience
in the state; 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 the state.
C. Contents of landscape plan. A landscape plan required pursuant to this chapter must contain the
following information:
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 100-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,
drive aisles 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 six 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 section 38.550.060);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and gutters;
16. Show location of existing and/or proposed drainage facilities which are to be used for drainage
control;
17. Existing and proposed grade;
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18. Size of plantings at the time of installation and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per section 38.410.100, 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.
Sec. 38.220.110. - Sketch plan submittal requirements. (38.41.110)
A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this chapter. Sketch plans must be oriented with north at the top of the page and must
also show site boundaries, street and alley frontages with names, street trees, water and sewer service
locations, sidewalks, parking location and size, and location of all structures with distances to the nearest
inch or nearest tenth of foot between buildings and from buildings to property lines.
Sec. 38.220.120. - Planned unit development submittal requirements. (38.41.120)
A. The following material must be submitted for review with each planned unit development.
1. Submittal requirements for pre-applications. The following information and data must be
submitted for pre-application review. The number of copies required is determined by the
community development department:
a. 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;
b. 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
c. A computation table showing the site's proposed land use allocations by location and as a
percent of total site area.
2. Submittal requirements for preliminary plans. The following information and data must be
submitted for preliminary plan review. The number of copies required is determined by the
community development department:
a. Document requirements. The following information must be included in the submittal:
(1) Application forms;
(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) A statement of planning objectives, including:
(a) Statement of applicable city land use policies and objectives achieved by the
proposed plan and how it furthers the implementation of the city growth policy;
(b) Statement of:
(i) Proposed ownership of open space areas; and
(ii) Applicant's intentions with regard to future ownership of all or portions of the
planned unit development;
(c) Estimate of number of employees for business, commercial and industrial uses;
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(d) Description of rationale behind the assumptions and choices made by the applicant;
(e) Where deviations from the requirements of this chapter are proposed, the applicant
must submit evidence of successful completion of the applicable community design
objectives and criteria of section 38.430.090. The applicant must 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 community development
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 must be described;
(f) Detailed description of how conflicts between land uses of different character are
being avoided or mitigated; and
(g) Statement of design methods to reduce energy consumption, (e.g., home/business
utilities, transportation fuel, waste recycling);
(4) A development schedule indicating the approximate date when construction of the
planned unit development, or stages of the same, is expected to begin and be
completed, including the proposed phasing of construction of public improvements and
recreational and common space areas;
(5) One reduced version of all preliminary plan and supplemental plan maps and graphic
illustrations.
b. Site plan requirements. A site plan of the proposed development showing the information
required for site plans in section 38.220.080 plus the following additional information:
(1) Notations of proposed ownership, public or private, must be included where
appropriate;
(2) 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
(3) Attorney's or owner's certification of ownership.
c. Supplemental plan requirements.
(1) Viewsheds.
(a) 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;
(b) Describe and map areas of high visibility on the site as seen from adjacent off-site
locations;
(2) Street cross sections if different from city standards. Street cross section schematics
must be submitted for each general category of street, including:
(a) The proposed width;
(b) Treatment of curbs and gutters, or other stormwater control system if other than
curb and gutter is proposed;
(c) Sidewalk systems; and
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(d) Bikeway systems, where alternatives to the design criteria and standards of the city
are proposed;
(3) Physiographic data, including the following:
(a) 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 must include
depth to groundwater measurements taken May 15 through September 15;
(i) 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 land form position
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;
(b) Locate and identify the ownership of existing wells or well sites within 400 feet of
the site;
(4) Preliminary subdivision plat. If the project involves or requires platting, a preliminary
subdivision plat, subject to the requirements of this chapter relative to subdivisions,
must be submitted;
(5) Traffic impact analysis. Notwithstanding the waiver provisions of section
38.220.080.A.2.i, the city may require that a traffic impact analysis be prepared based
upon the proposed development. The analysis must include provisions of the approved
development guidelines, and must address impacts upon surrounding land uses. The city
may require the traffic impact analysis to include the information in section
38.220.060.A.12. If a traffic impact analysis has been submitted as part of a concurrent
subdivision review, that analysis must meet this requirement;
(6) Additional studies and plans. If the development's compliance with the community
design objectives and criteria is under question, the review authority may require
additional impact studies or other plans as deemed necessary for providing thorough
consideration of the proposed planned unit development;
(7) A proposed draft of a legal instrument containing the creation of a property owner's
association sufficient to meet the requirements of section 38.220.310 must be submitted
with the preliminary plan application.
3. Submittal requirements for final plans.
a. A completed and signed application form;
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. Site plan submittal requirements.
(1) A final plan site plan including the following information must be submitted:
(a) Land use data (same information as required on the preliminary site plan);
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(b) Lot lines, easements, public rights-of-way as per subdivision plat;
(c) Attorney's or owner's certification of ownership;
(d) Community development director certification of approval of the site plan and its
conformance with the preliminary plan; and
(e) Owner's certification of acceptance of conditions and restrictions as set forth on
the site plan;
d. Supplemental plans.
(1) Final landscape plan. A final landscape plan consistent with the conditions and
restrictions of the approved preliminary plan must be submitted. It must also be
consistent with the division 38.550 of this chapter, except that any stated conditions and
restrictions of the preliminary plan approval supersede the provisions of division 38.550
of this chapter;
(2) 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 is required before issuance of building permits;
(3) 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
(4) Open space maintenance plan. A plan for the maintenance of open space, meeting the
requirements of section 38.220.320, must be submitted with an application for final plan
approval. Open space shown on the approved final plan must not be used for the
construction of any structures not shown on the final plan.
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Sec. 38.220.130. - Submittal materials for regulated activities in wetlands. (38.41.130)
A. All parties applying for activity permits proposing action affecting federal, state or city regulated
wetlands, watercourses and/or buffers within the city limits must submit the following information:
1. A wetland and watercourse delineation report must be submitted to the city for all projects, if
aquatic resources are present. When required to determine applicability and scope of wetland
location and function the delineation shall go beyond the boundary of the property. If no aquatic
resources are present, a letter must be submitted to the city stating that there are no water
resources within the subject property.
a. This wetland and watercourse delineation report must include, but not be limited to, the
following:
(1) Wetland and watercourse descriptions;
(2) Functional assessment, as determined by a state-accepted functional assessment method,
i.e., Montana Department of Transportation (Berglund and McEldowney 2008 as
amended) or Montana Department of Environmental Quality (Apfelbeck and Farris 2005
as amended);
(3) Wetland types, as determined by a state-accepted functional assessment method (i.e.,
Cowardin et al 1979 as amended);
(4) Wetland acreages (by a licensed surveyor);
(5) Maps with property boundaries, wetland and watercourse boundaries and acreages; and
(6) Wetland data forms (U.S. Army Corps of Engineers data forms).
2. If activities are planned in and/or adjacent to aquatic resources the following information is
required:
a. A site plan which shows the property boundary; delineated wetland and watercourse
boundaries; buffer boundaries; and all existing and proposed structures, roads, trails, and
easements. The site plan will include a table of existing wetland functional ratings and acreage,
required buffers and acreage, and linear feet of all watercourses and ditches.
(1) All direct impacts to wetlands, watercourses, and buffers must be highlighted and
summarized in a table on the site plan. The water resource and buffer summary table
must include wetland/watercourse identification number; corresponding buffer width
and acreage; total site, wetland, watercourse, ditch, and buffer acreages; jurisdictional
status; impacts to all water resources and buffers; and, mitigation types and acreages.
(2) All indirect impacts (e.g., shading from boardwalks or public utility well drawdown) must
be summarized in the document.
b. A map with all proposed mitigation areas and their required buffers. The map must include a
table of mitigation wetland type and acreage and required buffers and acreage and a
description of the functional unit gain of the wetland mitigation (as determined by a state-
accepted functional assessment method).
c. 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 as listed in section 38.220.020.
d. Copies of the following:
(1) Any Clean Water Act (CWA) section 404 and 401 permits;
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(2) Any MT 301 permits;
(3) Any floodplain determinations for the proposed site known to the applicant;
(4) Any other applications, state or federal, for wetlands permits regarding the proposed
site;
(5) Any U.S. Army Corps of Engineers jurisdictional determinations regarding wetlands on
the proposed and adjacent site; and
(6) If relevant, any MT state joint applications for the proposed project site.
e. A completed wetland review checklist.
3. If in the preparation or review of the required submittal materials it is determined that there are
unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water
Act permit, then the following information must be submitted to the city for all federal
jurisdictional and city-regulated wetlands (see section 38.700.210 for definition) in a
compensatory mitigation report:
a. The descriptive narrative must include, at a minimum:
(1) The name and contact information of the applicant; the name, qualifications, and contact
information for the primary author of the compensatory mitigation report; a description
of the proposal; summary of the direct and indirect impacts and proposed mitigation
concept; identification of all the local, state, and federal wetland/stream-related permit
required for the project; and, a vicinity map for the project.
(2) A description of the existing wetland, watercourse and buffer areas that will be
impacted including area based on professional surveys; dominant vegetation; and
functional assessments and wetland ratings for the entire wetland and the portions
proposed to be impacted.
(3) An assessment of the potential changes in wetland hydroperiod for the proposed
project and how the design has been modified to avoid, minimize or reduce impacts to
the wetland hydroperiod.
(4) A description of the proposed conceptual mitigation actions for wetland, watercourse
and buffer areas. Provide specifications (including buffers) for all proposed mitigation for
wetland/watercourse/buffer impacts. Include a map with all proposed mitigation areas
and their required buffers.
(5) An assessment of existing conditions in the zone of the proposed mitigation including
vegetation community structure and composition, existing hydroperiod, existing soil
conditions, and existing wetland functions.
(6) Field data that was collected to document the existing conditions of the proposed
mitigation sites and on which the future hydrologic and soil conditions of the mitigation
wetlands are based (e.g., hydrologic conditions: piezometer data, staff/crest gage data,
hydrologic modeling, visual observations; soil conditions: data from hand-dug or
mechanical soil pits or boring results). The applicant may not rely on soil survey data for
establishing existing conditions.
(7) A planting schedule by proposed community type and hydrologic regime, size and type
of plant material to be installed, spacing of plants, "typical" clustering patterns, total
number of each species by community type, timing of installation, nutrient requirements,
watering schedule, weed control, and where appropriate measures to protect plants
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from destruction. Native species must comprise 80 percent of the plants installed or
seeded within the mitigation site.
(8) The mitigation monitoring plan must include a period of not less than three years, and
establish the responsibility for long-term removal of invasive vegetation.
(9) Wetland mitigation performance criteria (measurable standards reflective of expected
development goals established for each year after the mitigation site is established, i.e.,
"At the end of three years there will be an 80 percent survival of the planted shrubs and
trees.") for mitigation wetlands and buffers, a monitoring schedule, reporting
requirements to the city, and maintenance schedule and actions for each year of
monitoring.
(10) Contingency plans which clearly define course of action or corrective measures needed
if performance criteria are not met.
b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:
(1) Existing wetland and buffer surveyed edges; proposed areas of wetland and buffer
impacts; and, location of proposed wetland and buffer compensation action.
(2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed
compensation actions if any grading activity is proposed in the compensation area.
Provide existing and proposed mitigation design cross section for the wetland and/or
buffer compensation areas.
(3) Required wetland buffers for existing wetlands and proposed mitigation areas;
c. A discussion of ongoing management practices that will protect and maintain the
nonimpacted and mitigation wetland, watercourse and buffer areas in perpetuity.
Sec. 38.220.140. - Submittal materials for appeals of administrative project decisions.
(38.41.140)
A. All appeals of administrative project decisions must include:
1. Name and address of the appellant;
2. The legal description ,street address, and project number of the property involved in the appeal;
3. A description of the project that is the subject of the appeal;
4. Evidence that the appellant is an aggrieved person as defined in section 38.700.020;
5. Names and addresses of property owners and envelopes as required by 38.220.040.D;
6-7. Required appeal filing fee; and
7. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determined by the administrative review authority.
Sec. 38.220.150. - Administrative interpretation appeals. (38.41.150)
A. All appeals of administrative interpretations must include:
1. Name and address of the applicant;
2. The legal description and street address, and project number of the property, if any, involved in
the appeal;
3. A description of the property, if any, that is the subject of the interpretation appeal including:
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a. A site plan drawn to scale showing the property dimensions, grading, landscaping and location
of utilities, as applicable;
b. Location of all existing and proposed buildings; and
c. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
4. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
5. Names and addresses of property owners and envelopes as required by 38.220.040.D 6.
Required filing fee; and
7. 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 chapter.
Sec. 38.220.160. - Submittal materials for variances. (38.41.160)
A. An application for a variance must be accompanied by a development plan showing such information
as the community development director may reasonably require for purposes of this chapter. The
plans must contain sufficient information for the commission to make a proper decision on the
matter. The request must state the exceptional physical conditions and the peculiar and practical
difficulties claimed as a basis for a variance. In all cases, the application must include, and will not be
deemed filed until all of the following is submitted:
1. Name and address of the applicant;
2. The legal description of the property involved in the request for variance, including the street
address, if any, of the property;
3. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
4. Names and addresses of property owners and envelopes as required by 38.220.040.D;
5. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of
utilities, as applicable;
6. Location of all existing and proposed buildings;
7. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks
as applicable;
8. A clear description of the variance requested and the reasons for the request;
9. Written justification supporting the of section 38.250.070.C.1, 2, 3 and, when applicable, 4;
10. Evidence satisfactory to the review authority 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
11. Required filing fee.
Sec. 38.220.170. - Submittal materials for telecommunications. (38.41.170)
A. The following information must 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.
1. Submittal materials.
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Table 38.220.170
Telecommunication Submittal Materials
Micro-
scale
Small-
scale
Large-
scale
A detailed written description of how the applicant has complied with, or will comply with,
the applicable standards of this chapter
X X X
An accurate photo simulation of the site with the proposed facility in place. The simulation
must 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 on the accompanying
site plan may not be included in the simulation unless it exists on adjoining properties;
X X X
A statement of whether the proposed facility is exempt or nonexempt from environmental
review under the Rules of the FCC;
X X X
If the facility is claimed to be exempt, a detailed and specific citation to the Rules of the FCC
indicating the section which details the relevant exemption provisions must be included. If
the facility is not exempt from environmental review, a copy of the environmental review
must be provided with the application, and the approval from the FCC for the site must be
provided to the city prior to the final site plan approval;
and
If the facility is claimed to be exempt from environmental review, a statement must 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 will result in the immediate revocation of permits or approvals granted
upon the basis of the false information and the cessation of operation of the offending
facilities;
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 designed to
support, or that licensing by the FCC is not required;
X X X
A report providing a description of the large scale wireless facility with technical reasons and
justification for its design and placement;
X
A description of the maximum capacity of the large scale wireless facility as proposed and
how the facility can be retrofitted or modified to accommodate changing user needs;
X
Documentation establishing the structural integrity 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
engineer licensed to practice in the state. Loading criteria will be those set forth in the
edition of the International Building Code most recently adopted by the city; and
X
A statement of how the collocation requirements of section 38.370.040.B are met. X
2. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater
in height, the applicant must submit:
a. 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;
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b. A statement of intent of how collocation on the facility will be addressed;
c. A statement of willingness to allow collocation at reasonable and customary rates by all
technically feasible providers up to the structural capacity of the tower;
d. 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;
e. An applicant must demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration must
address the criteria in section 38.370.040.B;
f. 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 must transfer to the owner of the
underlying property;
g. 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 must be 150 percent of the estimated cost of facility removal and
must be acceptable to the city; and
h. A large scale wireless facility may be reviewed as a multiple phase project and be constructed
over time as provided for in section 38.370.040.B. An applicant intending to construct a new
large scale wireless facility must provide letters of intent adequate to meet the requirements
for leases set forth in section 38.370.040.B.
Part 2: Supplementary Documents
Sec.38.220.300. - General. (38.38.010)
When required, the supplementary documents described in this division, must 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 must be used.
Sec.38.220.310. - Property owners' association. (38.38.020)
A. General. If the review authority determines a common area, facility, or any other infrastructure is to
be created or constructed as part of the development and such common area, facility, or
infrastructure is required to be either owned by or maintained by the property owners’ association
the developer must provide supplemental documents, as applicable, that (i) transfer ownership of
common area, facility, or infrastructure to the property owners’ association; (ii) provide for the
perpetual maintenance of common area, facility, or infrastructure by the property owners’
association; and (iii) identify if access to the common area or facility is available to the public or is
restricted to the members of the property owners’ association. Property owners’ association bylaws
or the declaration of covenants, conditions and restrictions must be prepared and recorded with
the final plat or plan.
B. Bylaws or covenants, conditions and restrictions contents. The items listed below are required to be
included in the property owners' association bylaws or declaration of covenants, conditions and
restrictions and must be clearly identified within the documents. The covenants must at a minimum,
provide:
1. The property owners’ association will be formed before any properties are sold.
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2. Membership is automatic and mandatory for each property or unit buyer and any subsequent
buyer.
3. Means of enforcing the covenants, and of receiving and processing complaints.
4. Common area and facilities must be perpetually reserved.
5. The association is responsible for liability insurance, any applicable tax assessments and the
maintenance of any common area or facilities.
6. Property or unit owners must 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.
7. The association may adjust the assessment to meet changed needs.
8. The conditions and timing of the transfer of ownership and control of common areas and
facilities from the declarant to the association.
9. The permission of the city commission is required before the association can be dissolved or
the boundaries altered.
10. Regular maintenance program for items included in 38.270.090.A and any other common area
and facilities and that the association is responsible for the maintenance program.
C. 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 section 38.220.200 and division 38.270 of this chapter. The city's
representative, contractors and engineers must have the right to enter upon the property and
perform such work, and the property owners’ association must permit and secure any additional
permission required to enable them to do so. The city will bill the property owners’ association for
any costs associated with the installation or maintenance of improvements.
D. For a multiphase project, the property owners’ association must be created for the entire project
with the first phase.
E. To ensure continued maintenance of common areas and facilities, and on-going fulfillment of all
obligations no property may be removed from the property owners’ association without prior
approval by the city commission.
Sec.38.220.320. - Covenants. (38.38.030)
A. The city 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. Review of covenants
must comply with 38.240.150.A.3. All covenants must be considered to run with the land. If the
covenants are not marked or noted on the final subdivision plat or other final approval document,
they must be contained in a separate instrument which must be recorded with the final plat or prior
to final approval of other applications. The covenants may be required to include, but are not limited
to, the following provisions:
1. That all county declared noxious weeds will be controlled.
2. A section addressing agricultural uses of neighboring properties in the following form:
"Lot owners and residents of the subdivision are informed that adjacent uses may be
agricultural. Lot owners accept and are aware that standard agricultural and farming practices
can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard
agricultural practices feature the use of heavy equipment, chemical sprays and the use of
machinery early in the morning and sometimes late into the evening."
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3. That all fences bordering agricultural lands must be maintained by the landowners in accordance
with state law.
4. 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.
5. Common area and facility maintenance plan. The developer must submit a legal instrument
setting forth a plan providing for the permanent care and maintenance of common areas and
facilities. The same must be submitted to the city attorney and must not be accepted by the city
until approved as to legal form and effect. Common areas and facilities must be deeded to a
property owners’ association and, the applicant must record the proposed documents governing
the association at the time of final plat filing.
6. Common area and facility maintenance guarantee. In the event the organization or any
successor organization established to own and maintain common areas and facilities, must at any
time fail to maintain the common areas or facilities in reasonable order and condition in
accordance with the approved plan, the city may cause written notice to be served upon such
organization or upon the owners of property in the development. The written notice must set
forth the manner in which the common areas or facilities have failed to be maintained in
reasonable condition. In addition, the notice must include the demand that the deficiencies
noted be cured within 30 days thereafter and must state the date and place of a public meeting
to be held within 14 days of the notice. At the time of public meeting, 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 must 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 must, upon its own initiative
or upon written request of the organization theretofore responsible for maintenance, call a
public meeting and give notice of such meeting to the organization responsible for maintenance
or the property owners’ of the development. At the meeting, the organization responsible for
maintenance and/or 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 must cease such maintenance
at the time established by the city commission. Otherwise the city must continue maintenance
for the next succeeding year subject to a similar meeting and determination at the end of each
year thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities of the
development and the private properties within the development. The city commission must
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 must 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.
b. Should the property owners’ association request that the city assume permanent
responsibility for maintenance of facilities, all facilities must be brought to city standards prior
to the city assuming responsibility. The assumption of responsibility must be by action of the
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city commission and all costs to bring facilities to city standards must 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.
c. The city must assume permanent responsibility for maintenance of public areas and facilities
when a dedicated funding mechanism is adopted.
7. Guarantee for open space preservation. Open space shown on the approved final plan or plat
must not be used for the construction of any structures not shown on the final plan.
8. Covenants may not contain provisions which inhibit compliance with the requirements of
division 38.380, for those developments subject to division 38. 380. Some examples are:
privately required minimum home or lot sizes which cannot be met.
9. Covenants and condominium declaration documents must require condominiums to be assigned
street addresses in compliance with chapter 10, article 7 BMC. Addressing must not use X or
other generic statements. Draft documents submitted for review prior to final approval must
include correct addresses.
10. Stormwater facilities maintenance as required by chapter 40 article 4 BMC.
Part 3: Noticing
Sec.38.220.400. – Purpose. (38.40.010)
It is the intent of sections 38.220.400 through 38.220.430 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.
Sec. 38.220.410. - Contents of notice. (38.40.020)
A. The following elements must be included in notices issued pursuant to this chapter:
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 number, date, time and place of scheduled public hearings or the date of any final public
comment deadline;
4. A description of how and where additional information regarding the action may be obtained
including the address and phone number of the city; and
5. A brief description of the subject of the notice.
B. Mailed and posted notices required for site plans, master site plans, certificates of appropriateness,
special use permits, conditional use permits, planned unit developments, deviations, variances and
subdivisions must also include a map of the area of the development so as to indicate its general
location and proximity to surrounding properties.
C. The following additional elements must be included in all notices required for text amendments to
this chapter:
1. A summary explanation of the intent of the change, with reference to the exact text being
available for public review.
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Sec. 38.220.420. - Notice requirements for application processing. (38.40.030)
A. The following minimum standards for timing, location of noticing area and type of notice must be
provided. Noticing provisions are cumulative with the maximum combination of noticing
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.
B. 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
invalidates the legal notice requirements of the scheduled public hearing.
C. 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 community development director.
The community development director may use other means in addition to posting, mailing, or
publication to provide notice.
D. For site and subdivision developments, the applicant must 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 return 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.
Table 38.220.420 - Minimum standards for timing,
location of noticing area and type of notice.
Application
Minimum
Days12
Maximum
Days12 Distance1 Notice Type
Text amendment 15 45 NA Newspaper once
ZMA2 15 45 200
Newspaper once, post on-
site, mail 1st class
ZMA2- Resulting from ordinance changes 15 45 None Newspaper once
ZMA2- Annexation w/ initial zoning 15 45 None
Newspaper once, post on-
site, mail 1st class
Variance - Floodplain, zoning, and subdivision 15 45 200
Newspaper once (zoning 2
times), post on-site, mail
1st class
Noticing for 76-2-402, MCA claims 15 45 None
Newspaper 2 times, post
on-site
Deviation 15 45 200
Newspaper 2 times, post
on-site, mail 1st class
Appeals3 15 45 2003
Newspaper 2 times, post
on-site, mail 1st class
Sketch plan/reuse/change in use/further
development
None None None None
Sketch plan4 15 45 None Post on-site
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Application
Minimum
Days12
Maximum
Days12 Distance1 Notice Type
Informal/concept plan None None None None
Preliminary site plan, master site plan, or
special use permit
15 45 200 Post on-site, mail 1st class
Preliminary PUD5 15 45 200
Newspaper 2 times, post
on-site, mail 1st class
Preliminary CUP6/ SUP13 15 45 200
Newspaper 2 times, post
on-site, mail 1st class
Floodplain permit 15 45 200 Newspaper, mail 1st class
COA7 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
1st minor subdivision without variance -
preliminary plat/ Extensions of subdivision
approvals beyond two years
15 45 200 Mail 1st class
1st minor subdivision with variance/2nd
minor/major subdivision - Preliminary plat
15 (Planning
Board)
45(Commission) 200
Newspaper8, post on-site,
mail 1st class9, certified
mail10
Final plat None None None None
Notice of violation11 15 45 None
Post on-site, certified mail
to landowner
Notes:
1. The distance from the exterior property boundary of the site to all or part of another parcel of land whose
owners must be notified of a governmental action. This distance includes the width of a right-of-way or other
public ownership.
2. Zone map amendment, division 38.260 of this chapter.
3. Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a
development proposal and not to appeals of administrative interpretations.
4. Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of historic
structures as defined in article 7 of this chapter, or modification of wetlands.
5. Planned unit development, division 38.430 of this chapter.
6. Conditional use permit, division 38.230 of this chapter.
7. Certificate of appropriateness, division 38.340 of this chapter.
8. When newspaper notice is required the notice must be published in a newspaper of general circulation.
9. Mail by first class to all landowners within 200 feet except those subject to certified mail.
10. Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically
contiguous property and the subdivider.
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11. Notices of violation subject to section 38.200.160.
12. Days prior to the close of the public comment period or public hearing unless otherwise specified in this
chapter.
13. Special use permit, section 38.230.120 of this chapter.
Sec. 38.220.430. - Notice of city approval within neighborhood conservation. (38.40.040)
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 must be posted with a notice supplied by the community development department. The notice
must 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 must 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.
38.230 Plan Review (current Article 19)
Sec. 38.230.010. - Introduction. (38.19.010)
A. All non-subdivision development proposals within the city will be subject to plan review and
approval except repair, maintenance, grading below the minimum defined limits of this chapter, and
interior remodeling, or other items specifically exempted in this chapter. Depending on the
complexity of development and status of proposed use in the applicable zoning district, either sketch
plans, site plans, master site plans, special use permits, or conditional use permits (referred to herein
as a "plan") will be required as specified in this division 38.230. Although work may be exempt from
zoning review it may require review for other permits before construction may begin.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be
submitted in conjunction with plans and are subject to requirements specific to the type of proposal.
These additional submittal requirements and review procedures are outlined in section 38.230.030.
C. When a development is proposed within a neighborhood conservation overlay district or historic
district, or proposes signs which do not specifically conform to the requirements of this chapter,
design review is required in conjunction with plan review per the authority in section 38.210.010. In
such cases, additional submittal requirements and review procedures apply as outlined in section
38.220.090.
D. 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 review authority. Conditions may
be applied to the issuance of the permit and periodic review may be required. No conditional use
permit must be granted for a use which is not specifically designated as a conditional use in this
chapter.
E. Approval will be granted for a particular use and not for a particular person or firm.
F. This division 38.230 is provided to meet the purposes of section 38.100.040 and all other relevant
portions of this chapter.
G. Applications subject to this division 38.230 are reviewed under the authority established by division
38.200 of this chapter.
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Sec. 38.230.020. - Classification of plans. (38.19.020)
A. All developments, as defined in section 38.700.050 of this chapter, within the city are subject to the
plan review procedures and criteria of this chapter and the applicable submittal requirements of
division 38.220 of this chapter. For the purposes of this chapter, plans will be classified as either a
site plan or a master site plan.
1. Exception. Those developments specified in section 38.230.070 and other development
proposals when so specifically identified by the director of community development require only
sketch plan review.
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 not required unless necessary to address phasing of a proposed
development (see section 38.230.090.B.3) or if required as part of the residential emphasis mixed-
use district. 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 and/or contiguous city blocks;
4. Multiple owners;
5. Development phasing projected to extend beyond two years; or
6. Parking for more than 200 vehicles.
C. Any planned unit development must be reviewed according to the regulations in division 38.430, in
addition to this division 38.230.
D. Telecommunication facilities must be reviewed according to the regulations in division 38.370, in
addition to this division 38.230.
E. Uses identified in division 38.360 of this chapter must be reviewed according to the standards and
regulations contained in division 38.360 of this chapter, in addition to this division 38.230.
Sec. 38.230.030. - Special development proposals—Additional application requirements, review
procedures and review criteria. (38.19.030)
A. Application requirements. Applications for special development proposals (e.g. PUD, CUP, flood
plain development permits, variances, etc.) must include:
1. The required information for plans described in section 38.220.080;
2. Any additional application information required for specific reviews as listed in the following
divisions of this chapter:
a. Division 38.430, Planned Unit Development;
b. Division 38.360, Standards for Specific Uses;
c. Division 38.370, Telecommunications;
d. Division 38.620, Bozeman Floodplain Regulations; and
e. Division 38.250, 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 sections and divisions of this chapter:
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1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
3. Section 38.230.120, Special use permit;
4. Division 38.430, Planned Unit Development;
5. Division 38.360, Standards for Specific Uses;
6. Division 38.370, Telecommunications;
7. Division 38.610, Floodplain Regulations; and
8. Division 38.250, Appeals, Deviations and Variance Procedures.
Sec. 38.230.040. - Review authority. (38.19.040)
A. The review authorities are established in 38.200.010 and as may be specified elsewhere in this
chapter.
B. The development review committee, design review board, and wetlands review board have the
advisory authority established in division 38.200 of this chapter.
C. 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 must conduct the design review:
1. Forty five or more dwelling units;
2. Thirty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
3. Four (4) stories or more;
4. Twenty thousand or more square feet of exterior storage of materials or goods;
5. Parking for more than 90 vehicles.
Sec. 38.230.050. - Application of plan review procedures. (38.19.050)
A. These procedures apply to all developments within the city unless explicitly exempted in this
chapter.
B. A plan may be approved by the review authority prior to the issuance of any building permit.
C. No occupancy permits must be issued for any development for which plan review is required until
certification has been provided under section 38.270.030 demonstrating that all terms and
conditions of plan approval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a plan, all standards
of this chapter apply whether explicitly mentioned in the record of the review or not. An omission
or oversight of a nonconformity with the standards of this chapter in the site plan does 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.
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F. When a development subject to this article is located within an overlay district established by
division 38.340 of this chapter a certificate of appropriateness is required in addition to other
required review procedures.
G. Public notice of development proposals and approvals subject to this article must be provided as
required by division 38.220 of this chapter.
H. Improvements depicted on an approved plan must be installed subject to the requirements of
division 38.270 of this chapter.
Sec. 38.230.060. - Special temporary use permit. (38.19.060)
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 must 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 72 consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as may be deemed to be within the intent and purpose of this section.
B. Exception: Functions held within a park and which are subject to a park user agreement are not
required to obtain a special temporary use permit.
C. 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 community development
department. Such application must be filed with the community development director who will
charge and collect a filing fee for each such application, as provided in division 38.200 of this chapter.
The community development director may also require any information deemed necessary to
support the approval of a special temporary use permit, including site plans per this division 38.230.
D. Decision. Approval or conditional approval will be given only when in the judgment of the review
authority such approval is within the intent and purposes of this division 38.230.
E. Conditions. In approving such a permit, the approval must be made subject to a time limit, not to
exceed one year per approval, 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. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of financial security or other guarantees for cleanup or removal of structure or
equipment; and/or
6. Such other conditions deemed necessary to carry out the intent and purpose of this section.
Sec. 38.230.070. - Sketch plan review. (38.19.070)
A. Sketch plan submittal requirements.
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1. Certain independent development proposals (i.e., not in conjunction with other development)
are required to submit only sketch plans which include the information specified in section
38.220.110.
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 sections 38.230.080 and 38.220.090).
3. Examples of independent projects which qualify for sketch plan review are:
a. individual single-household including manufactured homes on individual lots.
b. Adding one dwelling on an infill site.
c. Two-household, three-household, and four-household residential units, each on individual
lots and independent of other site development.
d. Accessory dwelling units in the R-2, R-3 and R-4 districts.
e. Fences; signs in compliance with the requirements of this chapter.
f. Regulated activities in areas with regulated wetlands not in conjunction with a land
development proposal.
g. Grading of sites disturbing more than one-eighth but less than one-half acre, or movement of
more than 30 but less than 100 cubic yards of material, or cut or fill of less than one
cumulative foot, whichever is less; special temporary uses.
h. Reuse, change in use, or further development of sites per section 38.230.150, essential
services Type II primarily underground with no above ground structures larger than 125
square feet; and accessory structures associated with these uses.
Other similar projects may be determined by the community development director to require
only sketch plan review. The community development director may determine submittal
requirements in addition to those in section 38.220.110. Projects which do not require sketch
plan review may still require review and permitting for non-zoning issues.
B. Sketch plan review procedures.
1. No certificate of appropriateness required. Sketch plans for projects which do not require a
certificate of appropriateness must be submitted to the community development department for
a determination of compliance with the requirements of this chapter. Once compliance is
achieved, the application will be approved for construction or referred to the appropriate
permitting authorities. In determining whether compliance is achieved the community
development department must consider the individual circumstances of the site when the
development is subject to section 38.230.150.
2. Certificate of appropriateness required. Sketch plans, including the material required by section
38.220.090, and such additional information as may be required for projects which require a
certificate of appropriateness as per section 38.230.080 must be submitted to the community
development department, who must review the proposal for compliance with this chapter,
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.
C. Sketch plan review criteria. Sketch plans must be reviewed for compliance with all applicable
requirements of this chapter including overlay district requirements and the cessation of any current
violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be
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required. Where appropriate, the city may approve a sketch plan with restrictions which limit the
duration of the use.
Sec. 38.230.080. - Certificates of appropriateness—Additional review procedures and review
criteria. (38.19.080)
A. Sign proposals which do not specifically conform to the requirements of this chapter. Independent
sign proposals (i.e., not in conjunction with other development) which do not specifically conform to
the requirements of this chapter, 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 must be provided.
B. Review procedures and criteria for certificates of appropriateness.
1. Certificates of appropriateness must be issued according to procedures and criteria specified in
divisions 38.210, 38.340 and 38.430, in addition to this chapter.
2. Sign proposals which specifically conform to the requirements of this chapter must be reviewed
according to procedures and criteria outlined in division 38.560 of this chapter.
C. Demolition or movement of historic structures or sites located outside of the neighborhood
conservation overlay district.
1. Demolition or movement of historic structures or sites located outside of the neighborhood
conservation overlay district must be reviewed according to procedures and criteria outlined in
38.340.080.
2. Certificates of appropriateness must be issued according to procedures and criteria specified in
divisions 38.200, 38.340, and 38.430 as applicable, in addition to this article.
Sec. 38.230.090. - Plan review procedures. (38.19.090)
A. Step 1: Conceptual Review.
1. Conceptual Review (Required):
a. Purpose. Conceptual review is an opportunity for an applicant to discuss requirements,
standards and procedures that apply to his or her development proposal. Major problems
can be identified and solved during conceptual review before a formal application is made.
Conceptual review applications are reviewed by the Development Review Committee and
comments are provided in writing to the applicant following the review. The primary focus of
conceptual review is to identify site specific challenges and/or constraints critical path
elements which will affect review process or submittal requirements.
b. Applicability. Conceptual review is required for development subject to 38.230.050 and not
subject to 38.210.070. Conceptual review may be waived by the director of community
development for development proposals that would not derive substantial benefit from such
review.
c. Concept Plan Submittal. An applicant must submit the application materials required by the
director of community development as provided in the conceptual review checklist.
d. Staff Review and Recommendation. Upon receipt of a concept plan, and after review of such
plan by the DRC and a subsequent meeting with the applicant, the director of community
development must furnish the applicant with written comments regarding such plan, including
appropriate recommendations to inform and assist the applicant prior to preparing the
components of the formal development application.
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e. Formal application must address the comments provided with the conceptual review.
B. Informal Review (Optional):
1. Purpose. Informal review is an opportunity for an applicant to discuss the requirements,
standards, procedures, and potential modifications of standards or variances that may be
necessary for a development project. While the conceptual review process is a general
consideration of the development proposal, informal review provides an opportunity for the
applicant to have the city consider the development proposal in greater detail prior to formal
submittal of an application. Problems of both a major and minor nature can be identified during
the informal review before a formal application is made.
Informal review applications are reviewed by the DRC and may be reviewed by the DRB,
recreation and parks advisory board, or other applicable advisory boards. The city may invite
other public or quasi-public agencies which may be impacted by the development to comment
and/or attend the informal review meeting. These agencies may include the gas and electric
utilities, state agencies, ditch companies, railroads, cable television service providers and other
similar agencies.
2. Applicability. Although an informal review is not required, an applicant may request informal
review for any development proposal. A request for informal review is made by filing an
application with accompanying fee.
3. Informal Review Submittal. In conjunction with an informal review, the applicant must submit all
documents required in the informal review checklist.
4. Staff Review and Recommendation. Upon receipt of a complete informal review proposal, and
after review of such proposal by the DRC or other applicable advisory board, the director of
community development must furnish the applicant with written comments and
recommendations regarding such proposal. In conjunction with the foregoing, the director of
community development will provide the applicant with a list of critical issues, if any, which have
been identified in the informal review and which must be resolved prior to or during the review
process of the formal development application. The list of critical issues will provide applicants
the opinion of the director of community development regarding the development proposal, as
that opinion is established based upon the facts presented during informal review. Formal
application must address the comments provided with the informal review.
C. Step 2: Development Application Submittal
1. Development Application Forms. All development applications must be in a form established by
the director of community development.
2. Fees. All fees established in the adopted fee schedule must be paid prior to the review authority
commencing review of the application.
D. Step 3: Review of Applications.
Acceptability and adequacy of application.
1. The community development department must review the application for acceptability within
five working days to determine if the application omits any of the submittal elements required by
this chapter. If the application does not contain all of the required elements, the application, and
a written explanation of what the application is missing must be returned to the property owner
or their representative. The five working day review period will be considered met if written
explanation is provided as a signed and dated letter placed in the outgoing mail or as electronic
communication (such as an email) within the five-day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it must
be reviewed for adequacy. A determination of adequacy means the application contains all of the
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required elements in sufficient detail and accuracy to enable the review authority to make a
determination that the application either does or does not conform to the requirements of this
chapter and any other applicable regulations under the jurisdiction of the city. The adequacy
review period begins on the next working day after the date that the community development
department determines the application to contain all the required elements and must 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 provided to the property owner.
a. In the event the missing information is not received by the city within 15 working days of
notification to the property owner and applicant of inadequacy, application materials except
file records will be returned to the property owner or their representative, unless a longer
period is agreed between city and applicant. Subsequent resubmittal requires 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 site plan review process.
3. 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, 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.
4. 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. In order to be granted a waiver the applicant must include with the submission of the
preliminary plan a written statement describing the requested waiver and the reasons upon
which the request is based. The final approval body must 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.
If in the opinion of the review authority the waived materials are necessary for proper review of
the development, the materials must be provided before review is completed.
E. Plans must be reviewed by the review bodies established by division 38.210 of this chapter and
according to the procedures established by this chapter. After review of the applicable submittal
materials required by division 38.220 of this chapter, and upon recommendation by the appropriate
advisory bodies, the review authority must act to approve, approve with conditions or deny the
application, subject to the appeal provisions of division 38.250 of this chapter. The basis for the
review authority's action must be whether the application, including any required conditions,
complies with all the applicable standards and requirements of this chapter, including section
38.100.050.
1. Plan. The review authority must provide an opportunity for the public to comment upon
development proposals. The duration of the initial comment period must be as required by
division 38.220 of this chapter and included in any notice. required by division 38.270 of this
chapter.
a. The review authority after receiving the recommendations of the advisory bodies and
considering any public comment must act to approve, approve with conditions or deny an
application within ten working days of the close of the public comment period. The decision
must be in writing and must include any special conditions which are to be applied to the
development.
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(1) After formal notice of a project review has been given, interested parties may request in
writing to receive a copy of the decision regarding an application. Persons making such a
request must provide an addressed envelope.
2. Plan with deviations or variances or conditional use permits. The review authority must provide
an opportunity for the public to comment upon a proposed plan. The notice must comply with
the requirements of division 38.220 of this chapter.
a. The review authority, after receiving the recommendations of the advisory bodies and
considering any public comment must act to approve, approve with conditions or deny an
application. The decision must be in writing and must include any special conditions which
are to be applied to the development.
3. Phasing. The entitlement period for which a final plan is valid is specified in section 38.230.140.
Preliminary single phase plan applications will only be accepted for development that can occur
under building permits issued within this final plan approval period.
a. Any development that includes phases or where construction of a building would extend past
the final plan approval period must proceed under the master site plan application process
with a first phase plan for those portions that can be constructed under the single phase final
plan approval. The master site plan and first phase site plan may be reviewed concurrently as
a single application. Each future project phase must submit a stand-alone site plan application
following initial master site plan approval.
b. Each phase of a plan must not include more buildings than will be constructed within a one-
year timeframe. These subsequent site plan applications may be expedited through the
review process if they are consistent with the master site plan. Independent fees will be
assessed for each required application.
c. A preliminary site plan application may be received where it is unclear whether the buildings
or units can be constructed under building permits issued within one year of final site plan
approval. In this case, the director of community development may request proof of a
construction financing commitment prior to accepting the application. Applications, where it
is clear that the buildings or units cannot be constructed under building permits issued within
one year of final site plan approval will be deemed unacceptable for review. Such applications
must proceed pursuant to a master site plan with first phase site plan process.
Sec. 38.230.100. - Plan review criteria. (38.19.100)
A. In considering applications for plan approval under this chapter, the review authority and advisory
bodies must consider the following criteria. When considering the criteria for future phases of a
master site plan, other than those for criteria 1—3, the evaluation may be of a more generalized
demonstration of compliance, recognizing that a subsequent site plan will be submitted in the future
which will provide evidence of specific compliance. See division 38.220 of this chapter for required
submittal materials.
1. Conformance to and consistency with the city's adopted growth policy;
2. Conformance to this chapter, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Conformance with special review criteria for applicable permit type as specified in article 2;
5. Conformance with the zoning provisions of article 3, including:
a. Permitted uses (division 38.310);
b. Form and intensity standards (division 38.320);
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c. Applicable zone specific or overlay standards (divisions 38.330-340);
d. General land use standards and requirements (division 38.350);
e. Applicable supplemental use criteria (division 38.360);
f. Wireless facilities and/or affordable housing provisions (divisions 38.370-380) if applicable;
6. Conformance with the community design provisions of article 4, including:
a. Transportation facilities and access (division 38.400), notably:
(1) The impact of the proposal on the existing and anticipated traffic and parking conditions;
(2) 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;
(3) Loading and unloading areas;
b. Community design and element provisions (division 38.410), notably:
(1) Lot and block standards;
(2) Provisions for utilities, including efficient public services and facilities;
(3) Site surface drainage and stormwater control;
(4) Grading;
c. Park and recreational requirements (division 38.420);
7. Conformance with the project design provisions of article 5, 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, neighborhood identity, landscaping, historical character, orientation of buildings on the
site and visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space
and landscaping, etc.) so that activities are integrated with the organizational scheme of the
community, neighborhood, and other approved development and produce an efficient,
functionally organized and cohesive development;
c. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and
landscaping, etc.) in harmony with the existing natural topography, natural water bodies and
water courses, existing vegetation, and to contribute to the overall aesthetic quality of the
site configuration;
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d. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space and pedestrian areas, and the preservation or replacement of natural vegetation;
e. Open space, including:
f. Lighting;
g. Signage;
8. Conformance with environmental and open space objectives set forth in articles 4-6, including:
a. The enhancement of the natural environment (e.g., through low impact development
stormwater features or removal of inappropriate fill material);
b. Watercourse and wetland protections and associated wildlife habitats; and
c. If the development is adjacent to an existing or approved public park or public open space
area, have provisions been made in the plan to avoid interfering with public access to and use
of that area;
9. Conformance with the natural resource protection provisions of article 4 and article 6.
10. Other related matters, including relevant comment from affected parties.
11. If the development includes multiple lots that are interdependent for circulation or other means
of addressing requirements of this chapter, 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; and
12. Phasing of items listed in 38.230.020.B, including but limited to buildings and infrastructure.
B. If the review authority, after recommendation from the applicable advisory bodies, determines the
proposed plan will not be detrimental to the health, safety or welfare of the community, is in
compliance with the requirements of this chapter, and is in harmony with the purposes and intent of
this chapter and the Bozeman growth policy, the review authority must approve the proposed plan
and may require conditions and safeguards that must be met prior to final approval as deemed
necessary. Notice of action must be given in writing.
C. Plan approval may be denied upon a determination the application does not meet the criteria of this
section. Persons objecting to the recommendations of review bodies carry the burden of proof. A
denial of approval must be in writing.
D. Following approval of a master site plan, the applicant must submit to the community development
department, sequential individual site plans for specific areas within the master site plan. Each
subsequent application for a site plan must 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 met through the master site plan review process may be incorporated by reference in order
to eliminate duplication of review.
Sec. 38.230.110. - Conditional use permit. (38.19.110)
A. The person applying for a conditional use permit must fill out and submit to the community
development department the appropriate form with the required fee. The request for a conditional
use permit must follow the procedures and application requirements of this division 38.230.
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B. In consideration of all conditional use permit applications, a public hearing must be conducted by the
review authority. Notice of the public hearing must be provided in accordance with article 2 of this
chapter.
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 filed and acted upon simultaneously, however the conditional
use permit is not effective until the rezoning has been implemented by ordinance.
D. The review authority, in approving a conditional use permit, must review the application against the
review requirements of section 38.230.100.
E. In addition to the review criteria of section 38.230.100, the review authority must, 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 setbacks, 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;
b. Special setbacks, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use must be developed;
l. Duration of use;
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.
F. In addition to all other conditions, the following general requirements apply to every conditional use
permit granted:
1. The right to a use and occupancy permit is contingent upon the fulfillment of all general and
special conditions imposed by the conditional use permit procedure; and
2. All of the conditions constitute restrictions running with the land use, apply and must be
adhered to by the owner of the land, successors or assigns, are binding upon the owner of the
land, his successors or assigns, must be consented to in writing, and must be recorded as such
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with the county clerk and recorder's office by the property owner prior to the issuance of any
building permits, final plan approval or commencement of the conditional use.
G. Applications for conditional use permits may be approved, conditionally approved or denied by the
review authority. If an application is denied, the denial constitutes a determination that the applicant
has not shown that the conditions required for approval do exist.
H. The applicant must be notified in writing of the final action taken within seven working days of the
action. If the conditional use permit has been granted the notification must include any conditions,
automatic termination date, period of review or other requirements. If the conditional use permit
has been granted, the permit will be issued upon the signature of the community development
director after completion of all conditions and final plan.
I. Termination/revocation of conditional use permit approval.
1. Conditional use permits are approved based on an analysis of current local circumstances and
regulatory requirements. Over time these things may change and the use may no longer be
appropriate to a location. A conditional use permit will be considered as terminated and of no
further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a
period of two continuous calendar years;
b. Final zoning approval to reuse the property for another principal or conditional use is
granted;
c. The use or development of the site is not begun within the time limits of the final site plan
approval in section 38.230.140.
2. A conditional use which has terminated may be reestablished on a site by either, the review and
approval of a new conditional use permit application, or a determination by the community
development director that the local circumstances and regulatory requirements are essentially
the same as at the time of the original approval. A denial of renewal by the community
development director may not be appealed. If the community development director determines
that the conditional use permit may be renewed on a site then any conditions of approval of the
original conditional use permit are also renewed.
3. If activity begins for which a conditional use permit has been given final approval, all activities
must comply with any conditions of approval or code requirements. Should there be a failure to
maintain compliance the city may revoke the approval through the procedures outlined in
section 38.200.160.
Sec. 38.230.120. - Special use permit. (new)
A. The person applying for a special use permit must fill out and submit to the community development
department the appropriate form with the required fee. The request for a special use permit must
follow the procedures and application requirements of this division 38.230.
B. The review authority, in approving a special use permit, must review the application against the
review requirements of section 38.230.100.
C. In addition to the review criteria of section 38.230.100, the review authority must, in approving a
special use permit, determine favorably that applications meet the review criteria set forth for
conditional use permits as set forth in subsections 38.230.110.E through I.
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Sec. 38.230.130. – Community design framework master plans. (new)
A. The person applying for a community design framework master plan must fill out and submit to the
community development department the appropriate form with the required fee. The request for a
community design framework master plan must follow the procedures and application requirements
of this division 38.230.
B. The review authority, in approving a community design framework master plan, must review the
application against the review requirements of sections 38.230.100 and 38.510.030.L.
C. Applications for community design framework master plans may be approved or denied by
the review authority. Sec. 38.230.140. - Final plan. (38.19.120)
A. If the review authority is the city commission, no later than six months after the date of the
commission’s approval of the plan, the applicant must submit to the community development
department a final plan. The number of copies of the final plan to be submitted is established by the
director of community development. The final plan must contain the materials required in sections
38.220.080 and 38.220.090 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 director of
community development.
B. In addition to the materials required in subsection A of this section, the applicant must submit a
certification of completion and compliance stating that they understand any conditions of approval
and the submitted final plans have complied with any conditions of approval or corrections to
comply with code provisions.
C. If a plan is fully compliant with all applicable standards the review authority may approve the final
plan after the close of the public comment period. In addition to the materials required in
subsections A and B of this section, the owner must submit a statement of intent to construct
according to the final plan. Such statement must acknowledge that construction not in compliance
with the approved final plan may result in delays of occupancy or costs to correct noncompliance.
D. Following approval of a final plan, the approval of the final plan is effective for one year. Prior to the
passage of one year, the applicant may seek an extension of not more than one additional year. In
such instances, the director of community development must determine whether the relevant terms
of this chapter and circumstances have significantly changed since the initial approval. If relevant
terms of this chapter or circumstances have significantly changed, the extension of the approval may
not be granted.
E. Following approval of a final master site plan, approval of the final master site plan is effective for not
less than three but not more than five years with the initial duration to be specified during the final
action of the review authority. Owners of property subject to the master site plan may seek
extensions to not exceed five years. Approval of an extension must be granted if the director of
community development determines the criteria of subsection F of this section are met.
F. Any request for an extension must be in writing and be dated and signed by the owner of the
undeveloped area or incomplete development for which the extension is sought. More than one
extension may be requested for a particular development. Each request must be considered on its
individual merits. An extension of the development approval under this division 38.230 does not
extend other city or non-city agency approvals, e.g. for design of infrastructure extensions,
necessary to complete the project. When evaluating an extension request, the city must consider:
1. Changes to the development regulations since the original approval and whether the
development as originally approved substantially complies with the new regulations;
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2. Progress to date in completing the development as a whole and any phases;
3. Phasing of the development and the ability for existing development to operate without the
delayed development;
4. Dependence by other development on any public infrastructure or private improvements to be
installed by the development;
5. For extensions of approval greater than one year, the demonstrated ability of the developer to
complete the development;
6. Overall maintenance of the site; and
7. Whether mitigation for impacts of the development identified during the preliminary plan review
remain relevant, adequate, and applicable to the present circumstances of the development and
community.
G. Upon approval of the final plan by the community development director the applicant may obtain a
building permit as provided for by division 38.220 of this chapter.
1. Subsequent site plan approvals are required to implement a master site plan, and approval of a
master site plan only does not entitle an applicant to obtain any building permits.
Sec. 38.230.150. - Amendments to plans. (38.19.130)
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 plan approved under the ordinance codified in this division
38.230 (September 3, 1991 — Ordinance 1332) must be submitted to the community development
director for review and possible approval. Proposals for further development, reuse or change in
use of sites developed pursuant to this chapter must be reviewed as an amendment to an approved
plan. All amendments must be shown on a revised plan drawing. Amendments to approved plans
must be reviewed and may be approved by the community development 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 must be resubmitted as a new application and will be subject to all standards and plan
review and approval provisions of this chapter. Substantial compliance may be shown by
demonstrating that the amendments do not exceed the thresholds established in section
38.230.140.C.
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 review authority, and must 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, etc.
D. For building additions and/or remodels to all existing development, except single to four-household
dwellings in any configuration, see section 38.500.020.B to determine how the design standards
within article 5 are applied.
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Sec. 38.230.160. - Reuse, change in use or further development of sites developed prior to the
adoption date of the ordinance from which this chapter is derived. (38.19.140)
A. It is the policy of the city to work with owners of property during the reuse, change in use, or
further development process to correct existing violations of the city's and other agency's
regulations, to encourage reinvestment and renewal of existing developed sites, and to move
existing sites toward compliance with current standards while recognizing the limitations that may
exist in relation to an existing site.
B. Sites legally developed prior to the adoption of the ordinance codified in this chapter (September 3,
1991 — Ordinance 1332) are 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 chapter may be approved by the review authority upon determining
that no significant alteration of the previous use and site are proposed, and upon a determination
that adequate access and site surface drainage are provided. All such proposals must be shown on a
plan drawing as required by section 38.220.110.
C. 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 must 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 division
38.270 of this chapter;
2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings,
storage areas, parking areas or impervious surfaces and/or 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
section 38.230.040.C; or
b. By more than ten percent for developments meeting or exceeding one or more of the
criteria of section 38.230.040.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.
D. If it is determined that the proposed reuse, change in use or further development of a site contains
significant alterations to the previous use and/or site, the application must be resubmitted as a new
application and will be subject to all plan review and approval provisions of this division 38.230.
E. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation overlay district, review by ADR staff or the DRB may be required to
determine whether resubmittal as a new application is necessary.
F. For building additions and/or remodels to all existing development, except single to four-household
dwellings in any configuration, see section 38.500.020.B to determine how the design standards
within article 5 are applied.
Sec. 38.230.170. - Improvements to existing developed sites independent of site plan review.
(38.19.150)
The continued improvement of existing developed sites is desired to increase the level of compliance
with the provisions of this chapter and to encourage maintenance and viability of the site. An applicant
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may propose improvements, not in association with a plan review, to increase conformity with the
standards of this chapter for landscaping, lighting, parking or similar components of a site to occur over
a defined period of time, not to exceed three years. Such improvements must be depicted on a site plan
drawn to scale and which must be sufficiently detailed to clearly depict the current conditions, the
intended end result of the proposed improvements and any phasing of work. Such improvements must
be reviewed by and approved at the discretion of the review authority which may require surety in
accordance with the terms of division 38.270 of this chapter for work performed. A certificate of
appropriateness may be required if the site is located within the neighborhood conservation overlay
district.
Sec. 38.230.180. - Building permits based upon approved sketch or site plans. (38.19.160)
Based upon the approved sketch or final plan and after any appeals have been resolved, a building permit
for the site may be requested and may be granted pursuant to division 38.220 of this chapter. No
building permit may be granted on the basis of an approved sketch or other plan whose approval has
expired.
Sec. 38.230.190. - Appeals. (38.19.170)
Appeals of decisions rendered in conjunction with this division 38.230 may be taken as set forth in
division 38.250 of this chapter.
38.240 Subdivision Procedures (Articles 2-6)
Part 1: Subdivision and Platting Administrative Procedures
Sec. 38.240.010. - Transfers of title. (38.02.010)
A. Unless the plat is located in an area where the state or the city does not have jurisdiction, every
final subdivision plat must be filed for record with the county clerk 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:
1. Under the terms of the contracts, the purchasers of lots in the proposed subdivision must make
any payments to an escrow agent which must be a bank or savings and loan association
chartered to do business in the state;
2. 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 clerk and recorder;
3. The contracts and the escrow agreement provide that if the final plat of the proposed
subdivision is not filed with the county clerk and recorder within two years of the preliminary
plat approval, the escrow agent must immediately refund to each purchaser any payment made
under the contract;
4. 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
5. The contracts must 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 clerk and recorder, title to the property cannot be
transferred in any manner."
B. Unless the plat is located in an area where the state or the city does not have jurisdiction, the
county clerk and recorder may not record any instrument that purports to transfer title to a parcel
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or tract of land that is required to be surveyed by the Montana Subdivision and Platting Act (MCA
76-3-101 et seq.) unless the required certificate of survey or subdivision plat has been filed with the
county clerk 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 documents that, if
recorded, would otherwise satisfy the requirements of this subsection B. 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.
Sec. 38.240.020. - Effect of recording complying plat. (38.02.020)
The recording of any plat made in compliance with the Montana Subdivision and Platting Act (MCA 76-
3-101 et seq.) serves 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 clerk and recorder as being a true copy thereof, must be regarded as incorporated into the
instrument of conveyance and must be received in evidence in all courts of this state.
Sec. 38.240.030. - Correction of errors, amendments or vacation of recorded final plats.
(38.02.030)
A. Correction of errors. Correction of errors that, in the opinion of the city, will not materially alter
the plat may be made by the submission of a corrected final plat for the city's approval. The plat may
be filed under the procedures for first minor subdivision plats. The plat must be entitled "amended
plat of the (name of subdivision) subdivision," and the reason for the correction must be stated on
the face of the plat.
B. Material alterations. Amendments that materially alter the final plat, or any portion thereof, must be
made by the filing of an amended plat showing all alterations. The amended plat must be approved
by the city under the major or minor subdivision procedure, as is appropriate. Prior to such
approval, the amended plat must be reviewed by the community development department. The city
may not approve an amendment which will place the plat in nonconformance 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
must be entitled "amended plat of (the name) subdivision," and the reason for the amendment must
be stated on the face of the plat.
C. Vacating recorded plats. Any plat prepared and recorded as provided by this chapter may be
vacated, in whole or in part, as provided by MCA 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. Upon vacation, the city, or the district court, as
provided in MCA 7-5-2502, must determine to which properties the title to the streets and alleys of
the vacated portions must revert. The city, or the district court, as provided in MCA 7-5-2502, must
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,
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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.
Sec. 38.240.040. - Correction of recorded plat by governing body. (38.02.040)
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 clerk and recorder. The corrected plat must, to the
extent possible, follow the plan of the original survey and plat. The surveyor making the resurvey must
endorse the corrected plat referring to the original plat, and noting the defect existing therein and the
corrections made.
Sec. 38.240.050. - Disposition of water rights. (38.02.050)
A. When a subdivision creates parcels with lot sizes averaging less than five acres, the developer must:
1. 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
subdivision who have a legal right to the water and reserve and sever any remaining surface
water rights from the land;
2. 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
3. Reserve and sever all surface water rights from the land proposed for subdivision.
Part 2: Review Procedures for Subdivisions
Sec. 38.240.100. - General review procedure. (38.03.010)
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 are considered major
subdivisions. A subdivision 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, is a minor subdivision.
Sec. 38.240.110. - Presubmittal meeting and pre-application plan review. (38.03.020)
A. The purpose of a pre-application plan review is to discuss this chapter 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.
1. Minor subdivisions. Prior to the submittal of a subdivision application for a minor subdivision,
the developer must submit an application for subdivision pre-application review.
2. Major subdivisions. Prior to the submittal of a subdivision application for a major subdivision, the
developer must submit an application for subdivision pre-application review. The developer is
encouraged to have a presubmittal meeting with the community development department prior
to submitting a subdivision pre-application.
3. Pre-application plan review. For subdivision pre-application review, the developer must 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 section 38.220.030.
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a. Community development department review. The community development department
must 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 chapter.
(1) Agency review. The community development 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 community development department's comments
regarding whether the plans and data meet the standards, goals and objectives of
applicable plans, ordinances, and this chapter, and for informational purposes
identification of local regulations, state laws, and growth policy provisions that may apply
to the subdivision process, will be forwarded to the applicant to aid in the preparation
of the subdivision application. The community development department must 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 community development department must be provided in
person or by letter to the subdivider or their agent within 30 working days of a
complete application being received by the city. The 30 working day review period is
met if the letter is dated, signed and placed in the outgoing mail within the 30 working
day review period.
(2) Time for review. The community development department must review the pre-
application plan and within 30 working days advise the developer as to whether the
plans and data meet the goals and objectives of applicable plans and this chapter. Every
effort must be made by the community development department to obtain department
and agency comment within this time period.
b. Optional planning board review. If the developer so wishes, the developer 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.
(1) The request must be received at least 30 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.
c. Time for follow-up submittal. A complete subdivision preliminary plat application must be
submitted to the community development department within one calendar year of the date
the planning office dates, signs and places the letter in the outgoing mail or sends the letter
via electronic mail.
d. The property owner will not receive formal written notification on the acceptability or
adequacy of a subdivision pre-application plan submittal.
Sec. 38.240.120. - Concurrent review. (38.03.030)
For Sanitation and Subdivision Act review, the developer has the option of submitting a state
department 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 state department
of environmental quality and the city, pursuant to MCA 76-4-129.
Sec. 38.240.130. - Preliminary plat. (38.03.040)
A. After the requirement for a pre-application review has been satisfied, the developer may submit a
subdivision application within one year of the date of the city’s written comments as required by
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38.240.110.A.3.a(2). Subdivision applications must be submitted, along with the appropriate review
fee and all required subdivision application information as set forth in division 38.220 of this chapter
to the community development department and must conform to the requirements of this chapter.
The preliminary plat must be prepared by a surveyor licensed to practice in the state.
1. Acceptability and adequacy of application. The time limits in subsections 1.a and b of this section
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.
a. The community development department must review a subdivision application within five
working days of receipt of the application and applicable fee. A subdivision application is
considered to be received on the date of delivery to the reviewing agency if it is accompanied
by the applicable review fee. An application is acceptable only if it contains all of the
information required by this chapter. If the application is unacceptable, the application, and a
written explanation of why the application is unacceptable will be returned to the subdivider.
If the application is acceptable the subdivider must be so notified. The property owner may
designate in writing another party to receive notifications regarding acceptability. The five
working day review period is met if the letter is dated, signed and placed in the outgoing mail
within the five working day review period. If the applicant chooses to withdraw the
application, the applicant may request a refund if procedures for such have been created in
the administrative manual adopted by the director of community development. Subsequent
resubmittal must require payment of a review fee as if it were a new application.
b. After the application is deemed acceptable it must be reviewed for adequacy. The review for
adequacy must be conducted by the appropriate agency with expertise in the subject matter.
The adequacy review period begins on the next working day after the date that the
community development department determines the application is acceptable and sends the
required notice to the subdivider; and must be completed within not more than 15 working
days. The 15 working day review period is 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 subdivider. If
the application is adequate the subdivider must be so notified. The property owner may
designate in writing another party to receive notifications regarding adequacy.
(1) 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 except the city’s
file record copy must be returned to the subdivider or their representative. Subsequent
resubmittal will require payment of a review fee as if it were a new application.
(2) 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
section 38.200.080.A.
c. 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 must be provided before review is
completed.
d. In order to be granted a waiver the applicant must 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 must then consider each waiver at
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the time the subdivision application is reviewed. All waivers must be initially identified with
the pre-application stage of review.
2. Review by affected agencies. After an application is deemed acceptable, the community
development department may submit copies of the preliminary plat and supplementary
information to relevant public utilities and public agencies for review and comment, and for
major subdivisions to the planning board for its advice pertaining to the approval or denial of the
subdivision application. Review by public agencies or utilities must not delay the city
commission's consideration of the subdivision application beyond the statutorily specified review
period. If the community development department must request review by a public utility,
agency of government, and other parties regarding the subdivision application that was not
identified during the pre-application review the community development department must notify
the subdivider.
3. Planning board review. At a regularly noticed public hearing, the planning board must review all
major 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
must hold a public hearing on all major subdivisions. Pursuant to MCA 76-1-107, the planning
board has delegated its review of all minor subdivisions from a tract of record to the community
development director.
a. Public testimony. All written public comment received at or prior to a public hearing must be
incorporated into the written record of the review. Minutes must be taken of verbal
comment received during the public hearing or public meeting before the planning board and
must be incorporated into the written record of the review. Copies of the minutes and
written comments must be included in any recommendation made to the city commission by
the planning board.
b. Planning board recommendation. Within ten working days of their review, the planning board
must submit in writing to the city commission its advice regarding compliance with the city's
growth policy, and a recommendation for approval, conditional approval or denial of the
subdivision application.
4. Community development director review. The community development director must review
all minor subdivision applications, together with required supplementary plans and information,
and determine whether the plat is in compliance with the city's growth policy. The community
development director must make a written recommendation including a summary of the agency
review and analysis of the review criteria established in this chapter and a recommendation for
approval, conditional approval or denial of the subdivision application.
a. Public testimony. All written public comment received during the community development
director's review must be incorporated into the written record of the review. Copies of
written comments must be included in any recommendation made to the city commission by
the community development director.
5. City commission review. The city commission must review and take action on all proposed
subdivisions.
a. The following requirements for a public hearing or a public meeting, and for statutory review
periods, must be met:
(1) First minor subdivision created from a tract of record. The city commission must
consider the subdivision application and the community development director's
recommendation during a regular public meeting of the commission. The city
commission, when legal and physical access is provided to all lots must approve,
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conditionally approve or deny the subdivision application of a first minor subdivision
within 35 working days of the determination that the application is adequate, unless
there is a written extension from the developer for a period not to exceed one year
from the date the application was determined to be adequate. A minor subdivision must
be 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.
(a) Variance requests for minor subdivisions. If the developer of a minor subdivision is
requesting a variance from any requirement of this chapter, the procedures of
section 38.250.080 must be followed except that a public hearing must not be held.
(2) Subdivisions eligible for summary review. The city commission must consider the
application and the community development director's recommendation during a
regular public meeting of the commission. The city commission must approve,
conditionally approve or deny a proposed subdivision that is eligible for summary review
within 35 working days of determination that the application is adequate, unless there is
a written extension from the developer. The written extension may not exceed one
year. Minor subdivisions are eligible for summary review if the plat has been approved
by the state department of environmental quality whenever approval is required by
MCA 76-4-101 et seq.
(3) 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
must hold a public hearing on the subdivision application. The city commission must
approve, conditionally approve or deny the subdivision application of a second or
subsequent minor subdivision within 60 working days of the determination that the
application is adequate for review, unless there is a written extension from the
developer, not to exceed one year from the date the application was determined to be
adequate.
(4) Major subdivisions. For a major subdivision, the city commission must hold a public
hearing on the subdivision application. The city commission must approve, conditionally
approve or deny the subdivision application within 60 working days of the determination
that the application is adequate for review if the subdivision has less than 50 lots, and
within 80 working days of the determination that the application is adequate for review
if the subdivision has 50 or more lots, unless there is a written extension from the
developer, not to exceed one year from the date the application was determined to be
adequate.
(5) 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 must be incorporated into the written record of the review. Minutes must
be taken of verbal comments received during the public hearing before the city
commission and must be incorporated into the written record of the review maintained
by the city.
(6) New and credible information. The city commission must determine whether public
comments or documents presented to the city commission at a public hearing regarding
a subdivision application held pursuant to section 38.240.130.A.5 constitute:
(a) Information or analysis of information that was presented at a public hearing held
pursuant to section 38.240.130.A.5 that the public has had a reasonable opportunity
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to examine and on which the public has had a reasonable opportunity to comment;
or
(b) 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.
(c) 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:
(i) 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
(ii) 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.
(iii) In deciding whether the information is both new and credible the city
commission must consider:
(A) Whether the topic of the information has previously been examined or
available for examination at a public hearing on the subdivision application;
(B) Whether the information is verifiable, and if applicable developed by a
person with professional competency in the subject matter;
(C) Whether the information is relevant to a topic within the jurisdiction of the
city.
(d) If a subsequent public hearing is held to consider new and credible information, the
60 working day review period required in section 38.240.130.A.5 is suspended and
the new hearing must be noticed and held within 45 working 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.
b. Criteria for city commission action. The basis for the city commission's decision to approve,
conditionally approve or deny the subdivision must 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 chapter,
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; or based solely on parcels within the subdivision having been
designated as wildland-urban interface parcels by the most recent city-adopted hazard
mitigation plan and its supporting documentation. When deciding to approve, conditionally
approve or deny a subdivision application, the city commission must:
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(1) Review the preliminary plat, together with required supplementary plans and
information, to determine if it meets the requirements of this chapter, 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.
(2) Consider written comments from appropriate public agencies, utilities or other
members of the public.
(3) Consider the following:
(a) Relevant evidence relating to the public health, safety and welfare;
(b) Other regulations, code provisions or policies in effect in the area of the proposed
subdivision;
(c) The recommendation of the advisory bodies; and
(d) Any relevant public testimony.
(4) When the subdivision does not qualify, pursuant to MCA 76-4-125(2), for the
certification established in section 38.240.100 the city commission may conditionally
approve or deny a proposed subdivision as a result of the water and sanitation
information provided pursuant to section 38.220.050.A.9. or public comment received
pursuant to MCA 76-3-604 on the information provided pursuant to section 38.220.050.
A conditional approval or denial must be based on existing subdivision, zoning, or other
regulations that the city commission has the authority to enforce.
(5) The city may not approve a proposed subdivision if any of the features and
improvements of the subdivision encroach onto adjoining private property in a manner
that is not otherwise provided for under Title 76, chapters 3 or 4, MCA, or if the well
isolation zone of any proposed well to be drilled for the proposed subdivision
encroaches onto adjoining private property unless the owner of the private property
authorizes the encroachment. For the purposes of this section, "well isolation zone" has
the meaning provided in 76-4-102, MCA.
c. City commission action. If the city commission denies or conditionally approves the
subdivision application, it must 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. This written statement
must include:
(1) The reason for the denial or condition imposition;
(2) The evidence that justifies the denial or condition imposition; and
(3) Information regarding the appeal process for the denial or condition imposition.
d. 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 chapter. The city commission must issue written findings to justify the
reasonable mitigation required by this chapter. 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
must consult with the developer and must give due weight and consideration to the
expressed preference of the developer.
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e. Findings of fact. Within 30 working days of the final action to approve, deny, or approve with
conditions a subdivision, the city commission must issue written findings of fact that discuss
and weigh the following criteria, as applicable (pursuant to MCA 76-3-608):
(1) Criteria.
(a) Compliance with the survey requirements of the Montana Subdivision and Platting
Act;
(b) Compliance with this chapter and the review process of these regulations;
(c) The provision of easements to and within the subdivision for the location and
installation of any necessary utilities;
(d) 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
(e) For major subdivisions, the findings of fact must also address the effect on
agriculture, agricultural water user facilities, local services, the natural environment,
wildlife and wildlife habitat, and public health and safety.
(2) Required components. The written findings of fact must contain at a minimum:
(a) Information regarding the appeal process for the denial or imposition of conditions;
(b) The regulations and statutes used in reaching the decision to deny or impose
conditions and explains how they apply to the decision;
(c) 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 support the conclusions of the governing body
may be incorporated into the written findings by reference.
(3) Federal or state governmental entity input. If a federal or state governmental entity
submits a written or oral comment or an opinion regarding wildlife, wildlife habitat, or
the natural environment relating to a subdivision application for the purpose of assisting
a governing body's review, the comment or opinion may be included in the governing
body's written statement under this section only if the comment or opinion provides
scientific information or a published study that supports the comment or opinion. A
governmental entity that is or has been involved in an effort to acquire or assist others
in acquiring an interest in the real property identified in the subdivision application must
disclose that the entity has been involved in that effort prior to submitting a comment,
an opinion, or information as provided in this subsection.
f. Initial subdivision application approval period. Upon approving or conditionally approving a
subdivision application, the city commission must provide the developer with a dated and
signed findings of fact and order. This initial approval must be in force for not more than:
(1) one calendar year for minor subdivisions,
(2) two calendar years for single-phased major subdivisions
(3) and three calendar years for multi-phased major subdivisions
after the date of the findings of fact and order. At the end of this period, the city may, at the
written request of the developer, extend its approval for a mutually agreed-upon period
of time.
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g. Extensions of preliminary plat approval period. Any mutually agreed upon extension must be
in writing and dated and signed by the subdivider or their authorized agent and by the city
commission or their authorized agent. More than one extension may be requested for a
particular subdivision. Each request is considered on its individual merits. An extension of the
subdivision approval under this chapter does not extend other city or non-city agency
approvals, e.g. for design of infrastructure extensions, necessary to complete the project.
Review authority for extensions is established in division 38.220. When evaluating an
extension request, the city must consider:
(1) Changes to the development regulations since the original approval and whether the
subdivision as originally approved is substantially compliant with the new regulations;
(2) Progress to date in completing the subdivision as a whole and any phases, including
maintenance of the remainder of the site in good condition;
(3) Phasing of the subdivision and the ability for existing development to operate without
the delayed development;
(4) Dependence by other development on any public infrastructure or private
improvements to be installed by the subdivision;
(5) Demonstrated ability of the subdivider to complete the subdivision;
(6) Whether mitigation for impacts of the subdivision identified during the preliminary plat
review and findings of fact and order remain relevant, adequate, and applicable to the
present circumstances of the subdivision and community.
h. 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 are subject to the provisions of section 38.100.070.
(1) The written request must be submitted to the community development department.
(2) The written consent of all purchasers of land (via contract for deed, etc.) must be
included with the written request to amend conditions.
(3) If it is an application for a major subdivision, the city commission must conduct a public
hearing on the request. If it is an application for a minor subdivision, the city commission
must consider the request at a regularly scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be given in accordance
with this chapter.
(4) The city commission may approve the requested change if it meets the criteria set forth
in this chapter.
(5) The city commission must issue written findings of fact as required in this chapter.
Sec. 38.240.140. - Notice of certification that water and waste services will be provided by local
government. (38.03.050)
A. 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 must include a
written request from the developer's professional engineer, licensed in the state, that indicates the
intent to request the exemption, and details the extent of water, sewer and stormwater
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infrastructure that will be completed prior to final plat approval. A detailed preliminary stormwater
drainage plan must also be submitted with the written request. The director of public works must,
prior to final plat approval, send notice of certification to the DEQ per MCA 76-4-127.
1. The notice of certification must include the following:
a. The name and address of the applicant;
b. 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;
c. The number of proposed parcels in the subdivision;
d. A copy of any applicable zoning ordinances in effect;
e. How construction of the sewage disposal and water supply systems or extensions will be
financed;
f. Certification that the subdivision is within a jurisdictional area that has adopted a growth
policy pursuant to title 76, chapter 1, Montana Code Annotated (MCA 76-1-101 et seq.) and
a copy of the growth policy, when applicable;
g. The relative location of the subdivision to the city;
h. 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 MCA 76-3-507;
i. If water supply, sewage disposal or solid waste facilities are not municipally owned,
certification from the facility owners that adequate facilities are available; and
j. Certification that the city commission has reviewed and approved plans to ensure adequate
stormwater drainage.
Sec. 38.240.150. - Final plat application. (38.03.060)
A. After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, the developer must cause to be prepared a final plat. The
final plat must conform to the uniform standards for final subdivision plats as set forth in
24.183.1107 ARM as may be amended and to the standards required by the county clerk and
recorder. The applicant is responsible to verify that they are complying with the most recently
adopted clerk and recorder standards. Plans and data must be prepared under the supervision
of a registered surveyor, licensed in the state, as their licensing laws allow.
1. Final plat submittal. The final plat and all supplementary documents must be submitted to the
community development department at least 30 working days prior to the expiration of
subdivision application approval or any extension thereto. The submittal must include a final plat
application form, the appropriate review fee, all information required by 38.220.070 and a
written explanation of how each of the conditions of subdivision application approval has been
satisfied.
a. The final park plan, if one is associated with the plat, must be reviewed and approved, after a
recommendation from the city recreation and parks advisory board, prior to or
simultaneously with the final plat. The installation of any park improvements to meet
minimum development standards or conditions of approval must comply with division 38.270
of this chapter.
2. County treasurer certification. A final plat will not be accepted as complete until the county
treasurer has certified that no real property taxes and special assessments assessed and levied
on the land to be subdivided are delinquent.
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3. Review of abstract, deeds, and covenants.
a. With the final plat, the developer must submit to the community development department a
certificate of a licensed title abstractor showing the names of the owners of record of the
land to be subdivided and of any off-site land used to satisfy parkland dedication
requirements, 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 must be dated no earlier than 30 calendar days prior to submittal. If necessary, the
certificate must be updated so that the certificate is dated no earlier than 90 days prior to
the city commission’s action on the final plat.
b. Covenants must be submitted to the community development department with the final plat
application. At least 30 working days prior to submission of the final plat application to the
community development department, the developer must submit a copy of the covenants to
the city attorney’s office.
c. If an improvements agreement will be required per 38.270.060 then the proposed associated
financial security must be provided at least 30 working days prior to submission of the final
plat application for review by the city attorney.
d. Transfer of ownership of public land, off-site land, private land, personal property,
improvements and water rights; documents required.
(1) For the transfer of real property in satisfaction of required or offered dedications to the
city, and required or offered donations or grants to the property owners’ association
(POA), the subdivider or owner of the property must submit with the application for
final plat a warranty deed or other instrument acceptable to the city attorney
transferring fee simple ownership to the city or the POA.
(2) For the transfer of personal property installed upon dedicated parkland or city-owned
open space, or POA-owned parkland or open space, the subdivider must provide the
city an instrument acceptable to the city attorney transferring all its rights, title and
interest in such improvements including all applicable warranties to such improvements
to the city or the POA.
(3) The subdivider or owner of the property must record the deed or instrument
transferring ownership or interests at the time of recording of the final plat with the
original of such deed or instrument returned to the city or POA as applicable.
(4) For the transfer of ownership interest in water, the subdivider or owner of the
property must submit with the application for final plat a deed or other instrument
acceptable to the city attorney transferring ownership to the city or POA, along with all
required state department of natural resources and conservation documentation,
certification and authorization.
d. Certificates.
(1) Public lands/improvements must be described in the certificate of dedication/consent,
listed in the certificate of completion, be completed or subject to an improvements
agreement.
(2) Private lands/improvements must be described and addressed in the certificate of
donation/grant and completion of private improvements, be completed or subject to an
improvements agreement.
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4. Review by the community development department. The community development 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 community development department must forward a report to the city commission for
their action.
5. Final plat approval. The city commission must examine every final plat, and within 45 working
days of the date of receipt of a complete final plat application to the community development
department, must approve it if it conforms to the conditions of preliminary approval and the
terms of this chapter. “Date of receipt” means the date of delivery to the reviewing agency if
accompanied by the applicable review fee. The city commission must examine every final plat at
a regular meeting.
A final subdivision plat may not be approved by the city unless all certificates, with the exception
of the director of public works and the county clerk and recorder, have been complied with,
signed and notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. A final subdivision plat may not be 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 final subdivision plat may not be approved by the city commission or filed by the
county clerk and recorder unless it complies with the uniform standards for final subdivision
plats as established 24.183.1107, ARM as may be amended and as required by the Gallatin
County Clerk and Recorder.
a. If the final plat is approved, the director of public service shall so certify the approval in a
printed certificate on the plat.
b. If the final plat is denied, the city commission shall cause a letter to be written to the
developer stating the reasons therefore.
6. Filing. The developer must file the approved, signed final plat and all other required certificates
and documents with the county clerk and recorder within 60 days of the date of final approval.
Sec. 38.240.160. - Changes to filed subdivision plats. (38.03.070)
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 final subdivision plat
specified in these regulations.
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Part 3: Land Divisions Created by Rent or Lease
Sec. 38.240.200. – General. (38.04.010)
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 must be owned as one parcel under single ownership, which can include a number of
persons owning the property in common. Subsequent action to sell interests in less than the
entirety of the development may necessitate review under Parts 5 and 6 of the Montana Subdivision
and Platting Act prior to any sale. Land subdivisions created by rent or lease are not subject to this
division 38.240 or the Montana Subdivision and Platting Act if:
1. They are developed on property which has been subdivided in compliance with Parts 5 and 6 of
the Montana Subdivision and Platting act or which have a boundary documented by a certificate
of survey recorded after July 1, 1973; and
2. They are reviewed as a site plan, conditional use permit, or planned unit development as
described and authorized under this chapter; and
3. They comply with the adopted zoning regulations and other land development standards
adopted by the city.
B. 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 city must not grant final approval until
the developer obtains a license for the facility from the state department of public health and human
services (DPHHS) under MCA tit. 50, ch. 52.
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 county clerk 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 MCA tit. 75, ch. 6, pt. 1, and that are
located within the boundaries of the City 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
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distribution system, sewage collection and disposal system, solid waste collection and disposal
system, or food service and dining facilities.
C. 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.
D. Buildings for lease or rent. A building or buildings created for lease or rent on a single lot is not a
subdivision of land but must be in conformance with applicable zoning regulations. For this section
"building" means a structure or a unit of a structure with a roof supported by columns or walls for
the permanent or temporary housing or enclosure of persons or property or for the operation of a
business. Except as provided in MCA 76-3-103(15) the term includes a recreational camping vehicle,
mobile home, or cell tower. The term does not include a condominium or townhome.
Sec. 38.240.210. - Land subdivisions created by rent or lease - procedure, submittal
requirements and review criteria. (38.04.020)
A. Land subdivisions created by rent or lease must be submitted, reviewed and approved by the city
before any portions of the development may be rented or leased. The developer must apply for site
plan and subdivision review.
B. Site plan review. All relevant procedures, submittal requirements and review criteria contained in
division 38.230 of this chapter apply. The development must also comply with the requirements of
division 38.310 of this chapter and sections 38.360.180 and 38.360.240.
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 must be reviewed as minor
subdivisions according to the provisions of article 2 of this chapter and proposed developments
containing six or more spaces for rent or lease must be reviewed as major subdivisions according to
the provisions of division 38.240 of this chapter.
1. Pre-application plan. The pre-application plan must be reviewed using the procedures contained
in section 38.240.110. The submittal materials listed in section 38.220.030 must be provided.
2. Preliminary plan submittal and procedure. For land subdivisions created by rent or lease, the
developer must 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 sections
38.220.050 and 38.220.060.
3. Final plan submittal and procedure. For land subdivisions created by rent or lease, the developer
must submit a final plan in lieu of a final plat, a completed final plat application and the materials
listed in section 38.220.070.
4. Supplementary materials. In addition to the submittal requirements of division 38.220 of this
chapter, preliminary and final plans for land subdivisions created by rent or lease must 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.
5. Boundary lines. All preliminary and final plans may show approximate boundary, lot, right-of-way
or other lines.
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Sec. 38.240.220. - Land subdivisions created by rent or lease - timing of improvements.
(38.04.030)
Before any portion of a land subdivision created by rent or lease can be rented or leased, all required
improvements must be installed, inspected and found compliant with the approved plan, and where
applicable accepted by the city.
Sec. 38.240.230. - Land subdivisions created by rent or lease - filing of final plan. (38.04.040)
Once the final plan has been approved by the city, an original copy of the approved plan must be filed
with the county clerk and recorder as a "miscellaneous" document and another copy of the approved
plan must be retained by the engineering division of the department of public works.
Part 4: Subdivision Exemptions
Sec. 38.240.300. - Divisions of land entirely exempt from the requirements of this chapter
pertaining to subdivisions and the state Subdivision and Platting Act. (38.05.010)
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Montana
Subdivision and Platting Act (the "Act"), the requirements of this chapter pertaining to subdivisions
and the Act may not apply to any division of land that:
1. 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 (MCA 76-3-201(1)(a));
a. Before a court of record orders a division of land, the court must notify the governing body
of the pending division and allow the governing body to present written comment on the
division;
b. Lots created as described in this section that do not comply with the standards of Chapter
38, BMC are not “nonconforming” lots subject to 38.32.030 and are not individual buildable
lots.
2. 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 (MCA 76-3-
201(1)(b)).
a. This exemption applies:
i. To a division of land of any size;
ii. 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 division 38.240 of
this chapter if applicable.
b. Lots created as described in this section that do not comply with the standards of Chapter
38, BMC are not “nonconforming” lots subject to 38.280.030 and are not individual buildable
lots.
3. Creates an interest in oil, gas, minerals or water that is severed from the surface ownership of
real property (MCA 76-3-201(1)(c));
4. Creates cemetery lots (MCA 76-3-201(1)(d));
5. Is created by the reservation of a life estate (MCA 76-3-201(1)(e));
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6. Is created by lease or rental for farming and agricultural purposes (MCA 76-3-201(1)(f));
7. 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 division 38.240 of this chapter (MCA 76-3-201(1)(h));
8. Is 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 for onsite
weather or air navigation facilities, the manufacture, maintenance, and storage of aircraft, or air
carrier-related activities (MCA 76-3-205(1));
9. Is 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 (MCA 76-3-205(2)); and
10. Is created by deed, contract, lease or other conveyance executed prior to July 1, 1974 (MCA
76-3-206).
Sec. 38.240.310. - Specific divisions of land exempt from review but subject to survey
requirements and zoning regulations for divisions of land not amounting to subdivisions.
(38.05.020)
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Act, the
following divisions or aggregations of tracts of record of any size, regardless of the resulting size of
any lot created by the subdivision or aggregation, are not subdivisions under this chapter and the
Act, but are subject to the surveying requirements of MCA 76-3-401 for lands other than
subdivisions and are subject to applicable zoning regulations adopted under title 76, chapter 2,
Montana Code Annotated (MCA 76-2-101 et seq.). 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 clerk and recorder must
notify the community development department of any land division described in this section or
MCA 76-3-207(1).
1. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties (MCA 76-3-207(I)(a));
2. 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 (MCA 76-3-207(I)(b));
3. 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 city and the property owner that the divided land will be used
exclusively for agricultural purposes (MCA 76-3-207(I)(c));
4. For lots within a platted subdivision, the relocation of common boundaries where the relocation
does not cross public or private street rights of way or an external boundary of the subdivision.
(MCA 76-3-207(I)(d)). The restriction of MCA 76-3-207(2) on the number of lots to be
rearranged and designation of review authority does not apply in such instances; and
5. 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. A restriction or
requirement on the original platted lot or original unplatted parcel continues to apply to those
areas (MCA 76-3-207(I)(e)).
6. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the
boundaries of the original parcels have been eliminated and the boundaries of the larger
aggregate parcel are established. A restriction or requirement on the original platted lot or
original unplatted parcel continues to apply to those areas (MCA 76-3-207(I)(f)). The restriction
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of MCA 76-3-207(2) on the number of lots to be rearranged and designation of review authority
does not apply in such instances.
7. Divisions of one or more lots within a platted subdivision to create cottage lot developments
subject to 38.360.110 as authorized by MCA 76-3-203. This section is not applicable to the
development of condominiums. An amended plat of the original subdivision showing the new
dependent lots and all common lots must be filed and must comply with the uniform standards
for final subdivision plats specified in 24.183.1107, ARM and as updated.
Sec. 38.240.320. - Reserved. (38.05.030)
Sec. 38.240.330. - Condominiums. (38.05.040)
A. Condominium developments are exempt from the surveying and filing requirements of article 2 of
this chapter 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 division 38.240 of this chapter and the Montana
Subdivision and Platting Act if either:
1. The approval of the original division of land expressly contemplated the construction of the
condominiums and any applicable park dedication requirements of MCA 76-3-621 are complied
with; or
2. The condominium proposal is in conformance with applicable local zoning regulations where
local zoning regulations are in effect.
Sec. 38.240.340. - Exemption from surveying and platting requirements for lands acquired for
state highways. (38.05.050)
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 MCA 60-2-209 and are
exempted from the surveying and platting requirements of this chapter and the Act (MCA 76-3-209). If
such parcels are not shown on highway plans of record, instruments of transfer of such parcels must be
accompanied by and refer to appropriate certificates of survey and plats when presented for recording.
Sec. 38.240.350. - Procedures and general requirements. (38.05.060)
A. All certificates of survey or amended subdivision plats claiming an exemption inside city limits and
subject to survey requirements must be submitted to the community development department. The
procedures and requirements of this chapter are limited to the exemptions discussed in section
38.240.360.
1. Submittal. A claimant seeking an exemption under the Act and this chapter must submit to the
community development 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 chapter.
2. Review. The community development department will review the claimed exemption to verify
that it is the proper use of the claimed exemption.
a. During this review, community development department staff will visit the proposed site,
understand thoroughly the nature of all activity occurring on the site, and must identify any
existing or potential zoning conflicts. The community development department must prepare
a memo evaluating the claimed exemption against applicable review criteria, which must also
be made available to the claimant or the claimant's representative.
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b. In assessing the claimant's purpose for the exemption, the community development
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.
c. Where a rebuttable presumption is declared in this chapter, the presumption may be
overcome by the claimant with evidence contrary to the presumption. If the community
development department concludes that the evidence overcomes the presumption and that
from all the circumstances the exemption is justified, the exemption will be allowed. If the
community development department concludes that the presumption is not overcome and
that from all the circumstances the exemption is not justified, the exemption will be
disallowed.
d. If the exemption is allowed, the community development department must so certify in a
printed certificate on the certificate of survey or amended plat within 30 days of submission
of a complete application.
e. If the exemption is disallowed, the community development department must provide
written notification, within 30 days of submission of a complete application, of its decision to
the person claiming the exemption and to the county clerk and recorder.
3. Filing requirements. An amended plat or a certificate of survey of a division of land which is
exempt from review must be filed within 180 days of the completion of the survey.
a. Certificates of survey. A certificate of survey may not be filed by the county clerk 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 MCA 76-3-207, must meet the following requirements:
(1) A certificate of survey of a division of land that would otherwise be a subdivision, but
that is exempted from subdivision review under MCA 76-3-207, may not be filed by the
county clerk 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.
(2) 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.
(3) 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.
(4) If a certificate of survey invokes the exemption for the relocation of common boundary
lines:
(a) The certificate of survey must bear the signatures of all landowners whose tracts of
record 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
boundary line dividing two or more tracts of record, 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);
(b) The certificate of survey must show the boundaries of the area that is being
removed from one tract of record and joined with another tract of record. The
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certificate of survey may, but is not required to, establish the exterior boundaries of
the resulting tracts of record. Unsurveyed portions of the parcels must be labeled,
"NOT A PART OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN
THIS CERTIFICATE OF SURVEY". 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;
(c) If a boundary line will be completely eliminated, the certificate must establish the
boundary of the resulting tract of record; and
(d) The certificate of survey must contain the following notation: "The area that is being
removed from one tract of record and joined with another tract of record is not
itself a tract of record. Said area must not be available as a reference legal
description in any subsequent real property transfer after the initial transfer
associated with the [certificate of survey or amended plat] on which said area is
described, unless said area is included with or excluded from adjoining tracts of
record."
(5) If the certificate of survey invokes an exemption from subdivision review under MCA
76-3-207, 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.
(6) For purposes of this section, 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.
(7) Procedures for filing certificates of survey of divisions of land entirely exempted from
the requirements of the Act. The divisions of land described in MCA 76-3-201, 76-3-205
and 76-3-209, and divisions of federally owned land made by a United States
government agency are not required to be surveyed, nor must a certificate of survey or
subdivision plat showing these divisions be filed with the county clerk and recorder. A
certificate of survey of one of these divisions may, however, be filed with the county
clerk 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.
(8) A certificate of survey must not be filed by the county clerk and recorder unless it
complies with the uniform standards for certificate of surveys specified in section
24.183.1104, ARM as may be amended or as required by the county clerk and recorder.
(9) Certificates of survey that do not represent a division or aggregation of land, such as
those depicting the retracement of an existing parcel and those prepared for
informational purposes, must contain a statement as to their purpose and must meet
applicable requirements of ARM 24.183.1104 for form and content. If the purpose of a
certificate of survey is stated as a retracement or partial retracement, and if multiple
tracts of record contained within the parcel's perimeter boundary on the certificate of
survey are not individually shown, then the certificate of survey does not expunge the
tracts of record unless it represents a division or aggregation of land, contains the
acknowledged certificate of the property owner(s) citing the applicable exemption in its
entirety, and conforms with the Administrative Rules of Montana for certificates of
survey exempted from review as subdivisions.
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b. Amended plats. Unless a division of land is exempt from subdivision review by MCA 76-3-201
or 76-3-207(1)(d) or (e), an amended plat must not be filed by the county clerk and recorder
unless it complies with the uniform standards for final subdivision plats specified in section
24.183.1107, ARM as may be amended or as required by the Gallatin county clerk and
recorder. A survey document that modifies lots in a platted and filed subdivision and invokes
an exemption from subdivision review under MCA 76-3-201 or 76-3-207(1)(d) or (e), 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 this code.
Sec. 38.240.360. - Exemption review criteria. (38.05.070)
A. The following criteria must be used to ensure that exemptions are not claimed for the purposes of
evading this chapter or the Act. Appeals regarding a final decision by the community development
department that an exemption is an evasion of the Subdivision and Platting Act may be taken in the
manner established for administrative project decision appeals as set forth in section 38.250.030.
1. 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 (MCA
76-3-201(1)(b)).
a. 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.
b. The city 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:
(1) 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
(2) The security is provided for construction or improvements on, or refinancing for, land
other than on the exempted parcel.
c. When the security for construction financing exemption is to be used, the landowner must
submit, in addition to such other documents as may be required, a written statement
explaining:
(1) How many parcels within the original tract will be created by use of the exemption;
(2) Who will have title to the remainder of the original parcel; and
(3) 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.
d. The written statement and the instruments creating the security must be filed at the same
time as the survey with the clerk and recorder.
2. Divisions made outside of platted subdivisions for the purpose of relocating common boundary
lines between adjoining properties (MCA 76-3-207(I)(a)).
a. 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.
b. A certificate of survey for the relocation of common boundary lines may include five or
fewer parcels and/or lots.
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c. Certificates of survey showing the relocation of common boundary lines must be
accompanied by:
(1) An original deed exchanging recorded interest from every person having a recorded
interest in adjoining properties for the entire newly described parcel that is acquiring
additional land;
(2) Documentation showing the need or reason for the relocation (for example: structure
encroachment, surveyor error, or enhancement of the configuration of the property);
and
(3) 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).
d. The city makes a rebuttable presumption that a proposed relocation of common boundary
lines is adopted for the purpose of evading the Act, if:
(1) The community development department determines that the documentation submitted
according to this section does not support the stated reason for relocation, or an
additional parcel is created.
3. Division 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 (MCA 76-3-207(I)(b)).
a. 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.
b. 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 community development department under this chapter.
c. A certificate of survey for a family transfer may include more than one exempt parcel if all
parcels meet the criteria of this section.
d. Certificates of survey 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.
e. 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.
f. The city makes a rebuttable presumption that a family transfer is adopted for the purpose of
evading this chapter and the Act if it is determined that one or more of the following
conditions exist:
(1) The exemption would create more than one additional parcel of less than 160 acres.
(2) The member of the landowner's immediate family would have received more than one
exempted parcel in the county.
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4. Division 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 city and the property owner that the divided land will be used
exclusively for agricultural purposes (MCA 76-3-207(I)(c)).
a. 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 city 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 must be utilized on
such a parcel.
(1) A change in use of the land for anything other than agricultural purposes subjects the
division to this chapter and review under parts 5 and 6 of the Act.
5. For lots within a platted subdivision, relocation of common boundaries and the aggregation of
lots (MCA 76-3-207(I)(d)).
a. The proper use of the exemption for aggregation of lots and/or relocation of common
boundaries is the rearrangement and/or aggregation of lots within a platted subdivision which
does not increase the total number of lots within the subdivision. The plat must contain the
title "amended plat" and must be filed with the county clerk and recorder.
b. The amended plat showing the aggregation of lots and/or relocation of common boundary
within a platted subdivision must be accompanied by:
(1) 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;
(2) Documentation showing the need or reason for the relocation (for example: structure
encroachment, surveyor error, or enhancement of the configuration of the property);
and
(3) 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).
c. The city 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 determines that the relocation crosses the boundary of a public or
private street right-of-way or the external boundary of the subdivision.
d. Any division of lots which results in an increase in the number of lots must be reviewed as a
subdivision and approved by the city prior to the filing of the final plat.
6. 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 (MCA 76-3-
207(I)(d)).
a. 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.
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b. A certificate of survey for the relocation of common boundary lines may include five or
fewer parcels and/or lots.
c. Certificates of survey showing the relocation of common boundary lines must be
accompanied by:
(1) A original deed exchanging recorded interest from every person having a recorded
interest in adjoining properties for the entire newly-described parcel that is acquiring
additional land;
(2) Documentation showing the need or reason for the relocation (for example: structure
encroachment, surveyor error, or enhancement of the configuration of the property);
and
(3) 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).
d. The city makes a rebuttable presumption that a proposed relocation of common boundary
lines is adopted for the purpose of evading the Act, if:
(1) The community development department determines that the documentation submitted
according to this section does not support the stated reason for relocation, or an
additional parcel is created.
7. For lots within a platted subdivision, divisions made for the purpose of creating lots subject to
zoning regulations as cottage development and not recorded as condominiums. (MCA 76-3-
203).
a. The proper use of the exemption is to create lots for cottage development in compliance
with 38.360.110. A restriction or requirement on the original platted lot continues to apply
to those areas.
b. An amended plat of the original subdivision showing the new dependent lots must be filed
and must comply with the uniform standards for final subdivision plats specified in
24.183.1107, ARM and as updated.
Sec. 38.240.370. - Procedures for filing certificates of survey of divisions of land entirely
exempted from the requirements of the act. (38.05.080)
A certificate of survey of a division of land entirely exempted from the requirements of this chapter and
the Act may be filed with the county clerk 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.
Sec. 38.240.380. - Correction of errors. (38.05.090)
Correction of errors may be made by the submission of a corrected certificate of survey for the city's
approval.
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Part 5: Subdivision Certificates
Sec. 38.240.400. – General. (38.06.010)
The certificates listed in sections 38.240.270 through 38.240.360 must be shown on plats and certificates
of survey, as appropriate. Other certificates than those shown may be required by the city when
deemed appropriate. The proper notary block must be used.
Sec. 38.240.410. - Dedication or consent. (38.06.020)
A. All plats of subdivisions must contain a certificate of dedication or certificate of consent. In the case
of corporate ownership, the proper corporation officer must sign, a corporate notary form must be
used, and the corporate seal must be affixed. The certificate must read as follows:
1. Certificate of dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed,
subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown by the
plat hereunto included the following described tract of land to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City of Bozeman,
Gallatin County, Montana; and the lands included in all streets, avenues, alleys, roads, highways, and parks,
playgrounds, or public lands or other public improvements shown on said plat are hereby granted and donated to
the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all
streets, avenues, alleys, roads, highways, and parks or public lands or other public improvements dedicated to the
public are accepted for public use, but the city accepts no responsibility for maintaining the same. The owner(s)
agree(s) that the city has no obligation to maintain the lands included in all streets, avenues, alleys, roads, highways,
and parks, or public lands or other public improvements, hereby dedicated to public use. The lands included in all
streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the
public for which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys, roads
highways, and parks or other public lands or other public improvements).
The undersigned hereby grants unto each and every person firm or corporation, whether public or private,
providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or
service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their
lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have
and to hold forever.
DATED this ____________ day of ____________, ____________.
(Acknowledged and notarized signatures of all record owners of platted property)
2. Certificate of consent.
CERTIFICATE OF CONSENT ;b0;(I), (We), the undersigned property owner(s), do hereby certify that (I), (We)
caused to be surveyed, subdivided and platted into lots, blocks, streets, and alleys, and other divisions and
dedications, as shown by this plat hereunto included, the following described tract of land, to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City of Bozeman,
Gallatin County, Montana.
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The undersigned hereby grants unto each and every person, firm of corporation, whether public or private,
providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or
service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their
lines and other facilities in, over, under and across each area designated on this plat as "Utility Easement" to have
and to hold forever.
DATED this ____________ day of ____________, ____________.
(Acknowledged and notarized signatures of all record owners of platted property)
Sec. 38.240.420. - Mortgagee. (38.06.030)
In those cases where the area being platted or the plat of subdivision is subject to any liens, mortgages,
claims, or other encumbrances by parties or other owners, the following certificate is required:
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to the described plat,
(I) (We) release (my) (our) respective liens, claims or encumbrances as to any portion of said lands now being
platted into streets, avenues, parks or other public areas which are dedicated to the City of Bozeman for the
public use and enjoyment.
DATED this ____________ day of ____________, ____________.
(Acknowledged and notarized signature of all encumbrances of record)
Sec. 38.240.430. - Parkland. (38.06.040)
A. Cash-in-lieu of parkland. Where there will be a cash donation in-lieu of parkland dedication, plats of
subdivision must show the following certificate:
CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION
Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for park and
playground purposes, it is hereby ordered by the city commission of the City of Bozeman, that land dedication for
park purposes be waived and that cash-in-lieu, in the amount of ____________ dollars, be accepted in
accordance with the provisions of the Montana, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625)
and the Bozeman Municipal Code.
DATED this ____________ day of ____________, ____________.
(Signature)
City of Bozeman Director of Parks and Recreation
B. Off-site parkland dedication. Where parkland will be provided off-site, in accordance with section
38.420.100.A.4 or 5, plats of subdivision must show the following certificate:
CERTIFICATE ACCEPTING OFF-SITE PARKLAND DEDICATION
Finding an alternative to dedication of parkland, for park and playground purposes within the platted area of
(Subdivision Name) is desirable, it is hereby ordered by the city commission of the City of Bozeman that land
dedication for park purpose be provided off-site with land outside of the platted area of (Subdivision Name) in
accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through 76-3-625),
and the Bozeman Municipal Code. The off-site parkland dedication will be provided with the following described
tract(s) of land or easement(s) to wit:
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Description
(Exterior Boundary Description of Area Contained in Plat/Easement and Total Acreage)
DATED this ____________ day of ____________, ____________.
(Signature)
City of Bozeman Director of Parks and Recreation
C. Parkland dedication to School District 7. Where parkland will be provided in accordance with
section 38.420.100.A.6, plats of subdivision must show the following certificate:
CERTIFICATE ACCEPTING PARKLAND
DEDICATION TO SCHOOL DISTRICT 7
In as much as an alternative to dedication of parkland, for park and playground purposes within the platted area of
(Subdivision Name), would be desirable, it is hereby ordered by the city commission of the City of Bozeman that
required land dedication for park purposes be met with land dedicated to School District 7 in accordance with the
provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code.
If School District 7 chooses to no longer use the land for school buildings and facilities, the ownership of the land
must revert to the City of Bozeman for park purposes and School District 7 must transfer the land to the city with
clear title and in a condition meeting the minimum development standards for parks established in section
38.420.080. The land dedication will be provided with the following described tract(s) of land, to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
DATED this ____________ day of ____________, ____________.
(Signature)
City of Bozeman Director of Parks and Recreation
(Signature)
Chairman, School District 7 Board of Trustees
Sec. 38.240.440. - Surveyor. (38.06.050)
All subdivision plats or certificates of survey must contain a certificate of surveyor which must read as
follows:
CERTIFICATE OF SURVEYOR
I, the undersigned, (Type or Print Name), Registered Land Surveyor, do hereby certify that between
____________/____________/____________, ____________, and
____________/____________/____________, ____________, I surveyed (Name of Subdivision or
Certificate of Survey), and drew the same as shown on the accompanying plat (or certificate of survey) and as
described in accordance with the provisions of the Montana Subdivision and Platting Act (MCA 76-3-101 through
76-3-625), and the Bozeman Municipal Code.
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DATED this ____________ day of ____________, ____________.
(Signature)
(Printed or Typed Name)
Registration No.
(Seal of Surveyor)
Sec. 38.240.450. - Improvements. (38.06.060)
A. Where improvements are to be installed prior to final plat approval, the final plat of subdivision
must contain a certificate of completion of public improvements. The certificate must list all
completed and accepted improvements, and must read as follows:
CERTIFICATE OF COMPLETION OF
IMPROVEMENTS
I, (Name of Subdivider), and I, (Name of Subdivider's Registered Engineer), a registered professional engineer
licensed to practice in the state of Montana, hereby certify that the following improvements, required to meet the
requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of
Subdivision), have been installed in conformance with the approved plans and specifications, or financially
guaranteed and covered by the improvements agreement accompanying this plat.
Installed Improvements: (List improvements in accordance with section 38.240.310.A).
Financially Guaranteed Improvements: (List improvements in accordance with section 38.240.310.B). The
subdivider hereby warrants said improvements against any and all defects for a period of two years from the date
of acceptance by the City of Bozeman.
The subdivider grants possession of all public infrastructure improvements to the City of Bozeman and the city
hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty.
Signature of Subdivider (Date) ____________
Signature, Number, and
Seal of Engineer
(Date) ____________
Signature, Director of
Public Works
(Date) ____________
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
must be modified to also list all improvements not completed.
Sec. 38.240.460. - Governing body. (38.06.070)
The city commission or their designated agent must certify approval of the plat of subdivision. Said
certificate must read as follows:
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CERTIFICATE OF DIRECTOR OF PUBLIC
WORKS
I, Director of Public Works, City of Bozeman, Montana, do hereby certify that the accompanying plat has been
duly examined and has found the same to conform to the law, approves it, and hereby accepts the dedication to
the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use.
DATED this ____________ day of ____________, ____________.
(Signature), Director of Public Works
Sec. 38.240.470. - Exclusion from MDEQ review. (38.06.080)
The following certificate must be added to all subdivision plats to certify that adequate stormwater
drainage and adequate municipal facilities will be provided.
CERTIFICATE OF EXCLUSION FROM
MONTANA DEPARTMENT OF
ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a first-class
municipality, and within the planning area of the Bozeman growth policy which was adopted pursuant to MCA 76-
1-601 et seq., and can be provided with adequate stormwater drainage and adequate municipal facilities. Therefore,
under the provisions of MCA 76-4-125(2)(d), this subdivision is excluded from the requirement for Montana
Department of Environmental Quality review.
DATED this ____________ day of ____________, ____________.
(Signature), Director of Public Works
City of Bozeman, Montana
Sec. 38.240.480. - County treasurer. (38.06.090)
All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to
provide security for construction mortgages, liens or trust indentures, must show the following
certificate of county treasurer:
CERTIFICATE OF COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that the accompanying
plat (or certificate of survey) has been duly examined and that all real property taxes and special assessments
assessed and levied on the land to be subdivided are paid.
DATED this ____________ day of ____________, ____________.
(Signature), Treasurer of Gallatin County
Sec. 38.240.490. - Clerk and recorder. (38.06.100)
All plats or certificates of survey must show the following certificate of clerk and recorder:
CERTIFICATE OF CLERK AND RECORDER
I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby certify that the
foregoing instrument was filed in my office at ____________ o'clock, (a.m. or p.m.), this ____________ day of
____________/____________/____________, ____________, and recorded in Book ____________ of
Plats on Page ____________, Records of the Clerk and Recorder, Gallatin County, Montana.
(Signature), Clerk and Recorder
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Sec. 38.240.500. - Certification of use of exemption claim. (38.06.110)
A. The following certificates must be provided in a printed certificate on the amended plat or
certificate of survey for allowed exemptions:
1. Certificate of governing body.
CERTIFICATE OF GOVERNING BODY
I, (Director of Community Development), do hereby certify that the accompanying (Certificate of Survey or
Amended Plat) has been duly reviewed, and has been found to conform to the requirements of the Subdivision and
Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code.
DATED this ____________ day of ____________, ____________.
(Signature), Director of Community Development
2. Certificate of exemption. Reference to exclude the survey from state department of
environmental quality review can also be added to this certificate, as appropriate.
CERTIFICATE OF EXEMPTION
(I), (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is exempt from
review as a subdivision pursuant to MCA 76-3-207(1) (add appropriate subsection).
DATED this ____________ day of ____________, ____________.
(Acknowledged and notarized signatures of all record owners of surveyed property)
Sec. 38.240.510. - Conditions of approval notifications and certifications. (New per Amendment
2f)
The following certificate must be required on the Conditions of Approval sheet:
NOTIFICATIONS AND CERTIFICATIONS
(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the
Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that
all conditions of subdivision application have been satisfied.
(I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the
date of this certification, and that changes to any land-use restrictions or encumbrances may be made by
amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local
regulations.
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and
local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property,
including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers
of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning
department and become informed of any limitations on the use of the property prior to closing.
DATED this ____________ day of ____________, ____________.
(Acknowledged and notarized signatures of all record owners of platted property)
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Sec. 38.240.520. – Certificate of completion of non-public improvements. (New per Amendment
2f)
Where non-public improvements are to be installed prior to final plat approval, the final plat of
subdivision must contain a certificate of completion of non-public improvements. The certificate must
list all completed and accepted improvements, and must read as follows:
CERTIFICATE OF COMPLETION OF NON-PUBLIC IMPROVEMENTS
I, (Name of Subdivider), hereby certify that the following non-public improvements, required to meet the
requirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of
Subdivision), have been installed in conformance with any approved plans and specifications prepared in
accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed
and are covered by the subdivision improvements agreement accompanying and recorded with this plat.
Installed Improvements: (LIST ITEMS EXCLUDING THOSE LISTED BELOW).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
I, (Name of Subdivider) hereby warrant said improvements against any and all defects for a period of two years
from the date of acceptance by (Name of Property Owners’ Association). Unless specifically listed in the
Certificate of Dedication, the city accepts no responsibility for maintaining the same.
The subdivider hereby grants ownership of all non-public infrastructure improvements to the (Name of Property
Owners’ Association) created by Document Number ______________________(To be filled in when
recorded)
By: (Signature of Subdivider) Date: _____________________________
Sec. 38.240.530. – Certificate of completion of water-related improvements. (New per
Amendment 2f)
A. When irrigation of public facilities are to be installed prior to final plat approval, the final plat of
subdivision must contain a certificate of completion of water-related improvements. The certificate
must list all completed and accepted improvements, including but not limited to all irrigation system
record drawings, and must read as follows:
CERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS
I, (Name of Subdivider), hereby certify that the following improvements, necessary to meet the requirements
of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name of Subdivision), have
been installed in conformance with the approved plans and specifications, or financially guaranteed and
covered by the improvements agreement accompanying this plat.
Installed Improvements: (List improvements).
Financially Guaranteed Improvements: (List improvements).
The subdivider hereby warrants said improvements against any and all defects for a period of two years from
the date of acceptance by the City of Bozeman.
The subdivider hereby grants ownership of all public infrastructure improvements to the City of Bozeman
and the city hereby accepts ownership of all public infrastructure improvements, subject to the above
indicated warranty.
Signature of Subdivider (Date) ____________
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Signature, Director of
Public Works
(Date) ____________
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38.250 Appeals, deviations, departures & variance procedures
Sec. 38.250.010. - Purpose. (38.35.010)
A. This division 38.250 is adopted:
1. To establish procedures for granting relief from the requirements of this chapter subject to the
standards of this division 38.250 in order to preserve equitable implementation of the law,
prevent special treatment to particular parties and preserve the various rights established by the
state and United States constitutions of all persons subject to this chapter;
2. To allow for appeals from decisions made by administrative staff approving, approving with
conditions or denying applications for development approval;
3. To provide through appeals of administrative interpretations a procedure for consideration of
and resolution of disputes regarding the meaning and implementation of this chapter;
4. 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 chapter in overlay districts and
planned unit developments as provided for in this chapter;
5. To provide through departures a procedure for applicants to propose alternative design
treatments provided such departures meet the “purpose” of the particular standard and any
additional departure criteria set forth;
6. To provide through zoning variances a procedure for relief from the occasional inequities
created by the physical standards of this chapter 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;
7. To prohibit the granting of variances that would be contrary to the public interest and endanger
public health, safety and welfare;
8. 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
9. To provide a procedure to request reasonable accommodation for individuals and groups
seeking equal access to housing under applicable non-discrimination laws in the application of
the standards of this chapter.
B. The community development director must hear and decide requests for reasonable
accommodation as follows:
1. Authorize in specific cases such requests for reasonable accommodation from the terms of this
chapter as will advance the intent and purpose of this chapter and applicable nondiscrimination
laws and meet the standards for the granting of reasonable accommodation.
C. The board of adjustment must hear and decide variances and deviations as follows:
1. Authorize in specific cases such deviations from the terms of this chapter relating to zoning as
will advance the intent and purposes of this chapter and meet the standards established for the
granting of deviations;
2. Authorize in specific cases such zoning variances from the physical standards of this chapter,
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 chapter will be observed and substantial
justice done.
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D. The city commission must hear and decide appeals of administrative decisions, variances and
deviations, and requests for reasonable accommodation and must:
1. When reclaimed per section 38.200.010C,
a. Authorize in specific cases such deviations from the terms of this chapter relating to zoning
as will advance the intent and purposes of this chapter and meet the standards established for
the granting of deviations; and
b. Authorize in specific cases such zoning variances from the physical standards of this chapter,
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 chapter must be observed and
substantial justice done; and
c. Authorize in specific cases such requests for reasonable accommodation from the terms of
this chapter as will advance the intent and purposes of this chapter and applicable
nondiscrimination laws and meet the standards established for the granting of reasonable
accommodation.
2. Hear and decide subdivision variances from the platting requirements and standards for
improvements within public rights-of-way required by this chapter where it is found that strict
compliance would result in undue hardship and is not essential to the public health, safety and
general welfare.
3. Hear and decide appeals from decisions of the community development director regarding
subdivision exemptions.
4. Hear and approve or deny deviations to standards of the title when proposed through a planned
unit development.
5. 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 chapter or of any
standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the
community development director in the manner provided in this division 38.250.
Sec. 38.250.020. - Hearing and notice requirements. (38.35.020)
A. There must be an opportunity for public comment to the review authority for any appeal of
administrative decisions and interpretations and for each application for any variance or deviation.
When a public hearing is required, the hearing must be held at an appointed time and place.
Comment must be taken by the review authority from persons interested in the application and
from the staff.
B. The community development director must give public notice as required by division 38.220 of this
chapter of all public hearings or public comment periods.
Sec. 38.250.030. - Administrative project decision appeals. (38.35.030)
A. An aggrieved person may appeal the final decision of the administrative review authority in the
manner provided in this section. Any appeal of a final administrative decision to approve, approve
with conditions or deny an application must be an appeal on the basis of the information available to
the administrative review authority including this chapter, 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 also applies to decisions
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by the administrative review authority regarding evasion of the Subdivision and Platting Act per
38.240.360.
B. Failure to raise an issue during the provided public comment opportunity, in person or in writing, or
the failure to provide statements or evidence sufficient to afford the administrative review authority
an opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue
could not have been reasonably known by any party during the time of the public comment
opportunity.
C. Appeal procedures. Appeals from administrative review authority to the appellate review authority
or the courts are set forth in the various sections of this division 38.250. Appeals are permitted
under the provisions of this section in the manner set forth herein.
1. These appeal procedures apply to decisions by an administrative review authority in their
actions to administer this chapter.
2. Appeals must be from the administrative review authority to the appellate review authority
according to section 38.250.010.
D. Filing of appeal. An appeal must be taken by filing with the department of community development
by 5:00 p.m. on the tenth working day following the final decision of the administrative review
authority a documented appeal and appeal fee. Upon receipt of the completed appeal the
department of community development must inform the administrative review authority from
whom the appeal is being made of the submission of the appeal.
E. Appeal contents. In all cases, the complete appeal application must include, and must not be deemed
filed until, all of the materials required by section 38.220.140 are submitted.
F. Notice of appeal. Once a complete appeal has been filed and date for consideration of the appeal is
set per subsection G below, notice of the appeal must be provided in the same manner as was
required for notice of the initial application. The date, time and location for the consideration of the
appeal before the appellate review authority must be included in the required notice of the appeal.
G. Scheduling. Upon receipt of a complete appeal application the city clerk must place the appeal on
the regularly scheduled appellate review authority agenda. The appeal must be scheduled for
consideration not later than 45 working days of the receipt of a complete appeal.
H. Material. The material to be considered by the review authority must be the record of the project
review, including the administrative review authority's decision, in addition to materials that may be
submitted during the processing and review of the appeal.
I. Procedure of the appeal. At the consideration of the appeal, the following procedure must be
followed:
1. Only arguments and evidence relevant to the application may be presented. The presentation
must 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 administrative
staff;
b. Presentation of position by the appellant and/or representative;
c. If requested, presentation by landowner if landowner is different than the appellant;
d. Presentation by any person who is a proponent or an opponent of the application; and
e. Motion, discussion and vote by the review authority.
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2. No person making a presentation may be subject to cross-examination except that members of
the appellate review authority and the city attorney may inquire of such person for the purpose
of eliciting information and for the purpose of clarifying information presented.
J. Alternative actions available to the appellate body. At the conclusion of the consideration of the
appeal, the review authority may uphold, amend, or overturn the administrative project decision.
K. Construction hold. During the time of the appeal all construction must cease and may not
commence unless notified in writing to do so by the appellate review authority.
Sec. 38.250.040. - Administrative interpretation appeals. (38.35.040)
A. A request for appeal of an interpretation of this chapter, including classifications of use per division
38.300 of this chapter, must be made by filing an application, with appropriate fees, with the
department of community development within 20 working days of the interpretation decision. After
receiving a completed application the city clerk must schedule consideration of the appeal at a
regularly scheduled meeting of the review authority. In all cases, the complete application must
include, and will not be deemed filed until, all of the materials required by section 38.220.150 are
submitted.
B. The appellate review authority must cause to be made such investigation of facts bearing on the
application as will provide necessary information to ensure that the action on each such application
is consistent with the intent and purpose of this chapter. During the time of the appeal all
construction must cease and may not commence unless notified in writing to do so by the by the
appellate review authority.
C. When interpreting the meaning of this chapter, sections of the chapter must be construed in a
manner that will give effect to them all as the chapter derives its meaning from the entire body of
text taken together.
Sec. 38.250.050. - Deviations. (38.35.050)
All requests for deviations in the neighborhood conservation overlay district or through the PUD
process must be heard by the review authority established in 38.200.010. Deviations may only be
applied for in conjunction with submittal of a development proposal of a type authorized by divisions
38.230 and 430 of this chapter. Standards and criteria for award of deviations are contained in divisions
38.340 and 430 of this chapter. The granting of a deviation is an exercise of administrative power that
can effect no change in the chapter. A deviation may be granted only in a specific instance permitting a
nonconformity in order to accomplish the specific objectives of sections 38.340.070, 38.340.170, and
38.430.030.D., and provided the standards and criteria imposed are met. Deviations must 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.
Sec. 38.250.060. - Departures.
A. Overview and purpose. This chapter provides for a number of specific departure opportunities to
development standards. The purpose is to provide applicants with the option of proposing
alternative design treatments provided such departures meet the purpose of the particular standard
and any additional departure criteria set forth for the particular departure opportunity.
B. Departures are voluntary. This provision allows the flexibility for applicants to propose alternative
designs on a voluntary basis, provided they meet the purpose of the standard and applicable
departure criteria as noted above.
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C. Applicability. Departure opportunities are available only to those specific standards that allow for
departures.
D. Procedures. Permit applications that include departure requests go through the standard review
procedures set forth in article 2 depending on the application type.
E. Approval criteria. Project applicants must successfully demonstrate to the review authority how the
proposed departure meets the purpose(s) of the standard and other applicable departure criteria
that applies to the specific standard.
F. Documentation. The review authority must document the reasons for approving all departures (to
be maintained with project application records) for the purpose of providing consistency in decision-
making by the city.
Sec. 38.250.070. - Zoning variances. (38.35.060)
A. Application. A request for one or more variance must be made by filing an application, with
appropriate fees, with the community development department at least 30 calendar days prior to
the review authority's consideration of the application and must be accompanied by the materials
described in section 38.220.160.
B. Investigation of facts. The review authority must cause to be made such investigation of facts bearing
on the application as will provide necessary information to ensure that the action on each such
application is consistent with the intent and purpose of this chapter.
C. Criteria for consideration and decision. In acting on an application for a variance, the review
authority must designate such lawful conditions as will secure substantial protection for the public
health, safety and general welfare, and must issue written decisions setting forth factual evidence
that the variance meets the standards of MCA 76-2-323 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 property, to avoid an unnecessary hardship
which would unavoidably result from the enforcement of the literal meaning of this chapter:
a. Hardship does not include difficulties arising from actions, or difficulties otherwise 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 chapter, 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 article 6 of this chapter:
a. Variances may 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 may 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;
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(2) A determination that the proposed use would be adequately floodproofed as specified in
article 6 of this chapter;
(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 state department of natural resources and conservation, upon request
from the city, prior to formally approving any permit application that is in variance to
these regulations.
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and
consideration of the application, 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 chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of article 6 of
this chapter, except that no variance may be granted to allow construction of buildings within
the floodway of a 100-year frequency flood as defined in title 76, chapter 5, Montana Code
Annotated (MCA 76-5-101 et seq.); and
d. Requests for variances in conjunction with conditional use permits. Approvals of all such
variances must be conditioned upon review authority approval of the conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary to
provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted
pursuant to this chapter or alter administrative requirements of this chapter. Permission 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, or through a planned unit development
subject to division 38.430.
4. Notifications of approval for variances related to flood hazard requirements of article 6 of this
chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain elevation will
result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and property.
E. Effective time for decisions; variances void when. The decision of the review authority is final except
as provided in section 38.250.090. If a building permit or land use permit is not obtained for the
subject property within six months from the date of the review authority's decision, the variance
will be automatically canceled and become null and void.
F. Variances. Variances are subject to MCA 76-2-321 through 76-2-328.
Sec. 38.250.080. - Subdivision variances. (38.35.070)
A. Procedure. The subdivider must provide during the pre-application 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 relevant advisory bodies must include their
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findings and conclusion regarding the requested variance in its recommendation. The city must then
consider each variance at the public hearing on the preliminary plat. A public hearing may not be
held on a variance in association with a first minor subdivision.
B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific variance
criteria, and may not have the effect of nullifying the intent and purpose of this chapter. The city
must 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 properties;
2. Because of the particular physical surroundings, shape or topographical conditions of the specific
property involved, an undue hardship to the owner would result if strict interpretation of this
chapter 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 chapter or with the city's growth policy.
C. Variances from floodway provisions not authorized. The review authority may not, by subdivision
variance, permit subdivision for building purposes in areas located within the floodway of a flood of
100-year frequency as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et
seq.). Any variances related to floodways must meet the standards of 38.35.060.C.4.a.
D. Conditions. In granting subdivision variances, the review authority may require such conditions as
will, in its judgment, secure the objectives of this chapter. Any approval under this section must be
subject to the terms of the conditions designated in connection therein. Any conditions required
must be related both in purpose and scope with the relief sought through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval must
contain a statement describing the variance and conditions upon which the issuance of the variance
is based.
F. Planned unit development. Where the standards and requirements of this chapter are proposed to
be modified through a planned unit development, the applicable process is a deviation rather than a
variance.
G. Limitations on approvals. For subdivision variances, the variance approval will be null and void if the
final plat is not filed within the time allowed for final approval by the city's decision.
Sec. 38.250.090. - Appeals from city commission or board of adjustment actions. (38.35.080)
Appeals may be made as authorized by State law. Sec. 38.250.100. - Reasonable
accommodation. (38.35.090)
A. Applicability.
1. A request for reasonable accommodation may be made by the following:
a. Any disabled person, their representative, or any entity, when the application of a
requirement of this chapter acts as a barrier to fair housing opportunities based on their
physical or mental disability or handicap as defined under the applicable non-discrimination
laws.
b. Any person, their representative, or any entity, when the application of a requirement of this
chapter acts as a barrier to fair housing opportunities based on race, color, religion, sex,
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creed, familial status, marital status, age, or national origin, as defined under the applicable
non-discrimination Laws, or because of actual or perceived sexual orientation or gender
identity.
2. A request for reasonable accommodation may include a modification or exception to the rules,
standards, and practices for the siting, development, and use of housing or housing-related
facilities that would eliminate regulatory barriers and provide equal opportunity to housing of
their choice.
3. A reasonable accommodation is granted to the applicant that needs the accommodation and
does not apply to successors in interest to the site.
4. A reasonable accommodation may be granted in compliance with this chapter without the need
for the approval of a variance.
B. Procedure.
1. Application. A request for reasonable accommodation must be submitted on an application form
provided by the community development department or in the form of a letter to the
community development director, and must contain the following information:
a. The applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Authorization from the owner of the subject property for the applicant to request the
reasonable accommodation;
d. The current actual use of the property;
e. The basis for the claim as follows:
(1) that the individual or group of individuals is considered physically or mentally disabled or
handicapped under the applicable non-discrimination laws, including identification and
description of the disability or handicap which is the basis for the request for
accommodation and current, written medical certification and description of disability or
handicap and its effects on the person's medical, physical or mental limitations; or
(2) that the individual or group of individuals is a protected class based on race, color,
religion, sex, creed, familial status, marital status, age, or national origin, as defined
under the applicable non-discrimination laws, including identification and description of
the protected class which is the basis of the request for accommodation.
f. The code provision, regulation, procedure and/or policy from which reasonable
accommodation is being requested;
g. The type and extent of reasonable accommodation sought;
h. The reason(s) why the accommodation is reasonable and necessary for the needs of the
individual(s), including a summary of any potential alternatives contained in this chapter
considered in requesting the accommodation and why other alternatives contained in this
chapter are not feasible;
i. Copies of memoranda, correspondence, pictures, plans or background information
reasonably necessary to reach a decision regarding the need for the accommodation; and
j. Other supportive information deemed necessary by the department to facilitate proper
consideration of the request, consistent with applicable non-discrimination laws.
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2. Review with other land use applications. If the project for which the request for reasonable
accommodation is being made also requires some other discretionary approval (including
conditional use permit, etc.), then the applicant must file the information required by subsection
1 of this section for concurrent review of the request for reasonable accommodation with the
application for discretionary approval.
3. Review authority.
a. Community development director. A request for reasonable accommodation must be
reviewed by the community development director if no approval is sought other than the
request for reasonable accommodation. No fee may be charged for the review of such a
request for reasonable accommodation.
b. Other review authority. A request for reasonable accommodation submitted for concurrent
review with another discretionary land use application must be reviewed by the authority
responsible for the discretionary land use application. No fee in addition to that charged for
the other discretionary land use application may be charged for the review of such a request
for reasonable accommodation.
4. Review.
a. Community development director. The director must make a written determination within
20 calendar days of the application being deemed complete and either grant, grant with
conditions, or deny a request for reasonable accommodation. If necessary to reach a
determination on the request for reasonable accommodation, the director may request
further information from the applicant consistent with applicable non-discrimination laws,
specifying in detail the information that is required. In the event that a request for additional
information is made, the 20-day period to issue a decision must be stayed until the applicant
responds to the request.
b. Other review authority. The written determination on whether to grant or deny the request
for reasonable accommodation must be made by the authority responsible for the
discretionary land use application in compliance with the applicable review procedure for the
discretionary review.
5. Notice.
a. Community development director. No advance notice or public hearing is required for
consideration of reasonable accommodation requests by the community development
director.
b. Other review authority. Requests for reasonable accommodation subject to review by other
review authorities require public notice and a public review process pursuant to the
requirements for the other discretionary land use application that is the subject of the
review, including all public notice provisions pursuant to section 38.220.420.
6. Balancing rights and requirements. In reviewing applications for requests for reasonable
accommodation, the city must balance:
a. The privacy rights and reasonable request of an applicant for confidentiality; with
b. The land use requirements for notice and public hearing, factual findings and rights to appeal,
in the city's requests for information, considering an application, preparing written findings
and maintaining records for a request for reasonable accommodation.
c. Any document identifying the disability or medical condition of any specific person must be
treated as confidential and is subject to disclosure by the city for any reason, including for
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compliance with the Open Records Act, unless ordered to do so by a court of competent
jurisdiction and notice is given to the person who provided the document to the city.
Specifically, any medical records regardless of source, including statements of medical
providers, must not be disclosed. For any other type of document, such as an application or
determination, the document may be subject to disclosure, but only after the nature or
description of the person's disability or medical condition is redacted by the city. A statement
regarding the city's handling of information subject to this provision must be printed on the
city's reasonable accommodation application form, posted on the city's website, and printed
at the bottom of any written document issued by the city determining a reasonable
accommodation application.
C. Findings—Other requirements.
1. Findings. The review authority must approve the application, with or without conditions, if it can
make the following findings:
a. The housing will be used by a disabled person or a person from a protected class;
b. The requested accommodation is necessary to make specific housing available to a disabled
person or a person from a protected class;
c. There are no uses identified in the Tables of Authorized Uses found in division 38.310 for
which the use proposed in the request for reasonable accommodation would qualify;
d. The requested accommodation would not impose an undue financial or administrative
burden on the city; and
e. The requested accommodation would not require a fundamental alteration in the nature of
the city land use planning and zoning program.
2. Other requirements.
a. An approved request for reasonable accommodation is subject to the applicant's compliance
with all other applicable zoning regulations.
b. A modification approved under this chapter is considered a personal accommodation for the
individual applicant and does not run with the land.
c. Where appropriate, the review authority may condition its approval on any or all of the
following:
(1) Inspection of the property periodically, as specified, to verify compliance with this
section and any conditions of approval;
(2) Removal of the improvements, where removal would not constitute an unreasonable
financial burden, when the need for which the accommodation was granted no longer
exists;
(3) Time limits and/or expiration of the approval if the need for which the accommodation
was granted no longer exists;
(4) Recordation of a deed restriction requiring removal of the accommodating feature once
the need for it no longer exists;
(5) Measures to reduce the impact on surrounding uses;
(6) Measures in consideration of the physical attributes of the property and structures;
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(7) Other reasonable accommodations that may provide an equivalent level of benefit
and/or that will result in reduced variation or waiver of otherwise applicable standards
specified for the zone district; and
(8) Other conditions necessary to protect the public health, safety and welfare.
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38.260 Text & Zoning Map Amendments
Part 1: Text Amendments
Sec. 38.260.010. - Initiation of amendments and changes. (38.36.010)
A. The city commission may, from time to time, amend this chapter. An amendment may be initiated
by the city commission, city manager, zoning commission, planning board or upon petition from an
owner of property within the city.
B. The city commission, planning board or zoning commission may upon a vote of a majority of its
members direct the initiation of an amendment to this chapter. When one of these bodies initiates
an amendment, the application must be signed by the mayor, chair of the planning board or chair 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 community development department, on forms provided by the city for this
purpose, 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,
is filed with the department it must 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 commission for that purpose so as to ensure 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.
Sec. 38.260.020. - Amendments; investigation requirements. (38.36.020)
Upon initiation of an amendment, the city must cause to be made an investigation of facts bearing on
such initiation or petition. The purpose of the investigation is to provide the necessary information to
ensure that the action of each such petition is consistent with the intent and purpose of this chapter as
set forth in section 38.100.040; this includes but is not limited to accordance with the city growth policy.
Amendments only addressing zoning standards will be measured against the zoning purposes.
Amendments which address only subdivision standards will be measured against the purposes related to
the subdivision purposes. Amendments which apply to both zoning and subdivision standards will be
reviewed against all the purposes.
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Sec. 38.260.030. - Public hearing procedures and requirements. (38.36.030)
A. The city commission, zoning commission and/or planning board must hold one or more public
hearings on the matters referred to in such initiation or petition at which parties in interest and
citizens must have an opportunity to be heard. Notice of such public hearings must be provided as
required by division 38.220 of this chapter.
B. Any text amendment must be the subject of one or more public hearing before the city commission,
after receiving a recommendation from the zoning commission and/or planning board as set forth in
this section.
C. The public hearings to be heard by the zoning commission and/or planning board must be conducted
by the bodies specified in this subsection:
1. Any text amendment affecting only zoning provisions of this chapter must be heard by the
zoning commission.
2. Any text amendment affecting only subdivisions must be heard by the planning board.
3. Any text amendment affecting both zoning and subdivision must 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 must be jointly held.
4. After such hearing or hearings, the zoning commission and/or planning board will make reports
and recommendations on the petition or initiation to the city 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 community development director will determine
which subject is affected.
E. Recommendations to the city commission and other official actions by both the zoning commission
and the planning board will only be official if made by at least a majority of a quorum of the body.
F. 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 or condominium units 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 city commission. When
considering protests from owners of condominiums the provisions of MCA 76-2-305(3) apply. The
provisions of this subsection D 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.
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Part 2: Zoning Map Amendments
Sec. 38.260.100. - Initiation of zoning map amendments and changes. (38.37.010)
A. The city commission may, from time to time, amend the zoning district maps appertaining to this
chapter. An amendment may be initiated by the city commission, zoning commission or upon
application from an owner of property within the city.
B. The city 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 must be signed by the mayor or chair of the zoning commission as applicable.
C. Whenever the property owner of any land or building desires a reclassification on the owner's
property, they may file with the community development 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 must be on
forms supplied and prepared by the department. When the application, bearing property owner'
signatures, is filed with the department it must 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 purpose so as to ensure 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
application.
D. Whenever an owner of any land within the city 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 community development department on forms provided by the
city for this purpose 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
must 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 purpose so as to ensure 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.
E. An application containing less than the required number of signatures will be considered incomplete
and invalid and will not be processed.
Sec. 38.260.110. – Zoning map amendments and rezonings; investigation requirements.
(38.37.020)
Upon initiation of an amendment the city must cause to be made an investigation of facts bearing on
such initiation or application as will provide necessary information to ensure that each such application is
consistent with the intent and purpose of this chapter. Specifically the investigation must address the
criteria of MCA 76-2-304 which are contained in section 38.100.040.C.
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Sec. 38.260.120. – Zoning map amendments - public hearing procedures and requirements.
A. The city commission and zoning commission must hold public hearings on the matters referred to in
such application at which parties of interest and citizens must have an opportunity to be heard.
1. If there is a protest, to be valid the protest must be submitted on a zoning protest form
provided by the city.
B. The community development director must give public notice as required by division 38.220 of this
chapter. The community development director must provide to the city commission and zoning
commission a report of the staff's analysis of the application.
C. After such hearing or hearings, the zoning commission will make reports and recommendations on
the application to the city commission.
D. After the zoning commission has forwarded a recommendation on the amendment to the zoning
district map, a public hearing must be held by the city commission for the purpose 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 or condominium units
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 city
commission. When considering protests from owners of condominiums the provisions of MCA
76-2-305(3) apply. The provisions of this subsection D 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 city 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 city commission is required as for any other protested zoning action.
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38.270 Improvements & Guarantees
Sec. 38.270.010. - Purpose and applicability. (38.39.010)
A. This division provides 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 chapter it is also necessary to provide means by which their installation can be
ensured. 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. This article 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 proceed
with sales/leases before the project is totally complete, especially multiphased 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 purposes listed in this subsection A through mechanisms that reduce the need
to rely on costly litigation to accomplish those purposes.
B. This division applies to all subdivisions and site developments as follows:
1. Subdivisions must install or provide security for installation of improvements prior to final
platting as set forth in detail in this article.
2. Site developments including, site plans, conditional use permits, planned unit developments,
reuses and certificates of appropriateness, must 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.
Sec. 38.270.020. - Standards for improvements. (38.39.020)
A. General. The responsibility of the developer must comply with the following procedures and
standards for the installation of development improvements, including parks.
1. Construction routes. For all developments, excluding sketch and reuse/further development, a
construction route map must be provided showing how materials and heavy equipment will
travel to and from the site. The route must 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.
2. Protection of existing improvements. The developer, and the developer's contractors and
suppliers are jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, and the developer's
contractors or suppliers. Such protection of improvements may include requirements for
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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 may instruct the developer
as to the streets or roads to be used for access by construction equipment, and the developer
must require the same from the developer's contractors and their suppliers. The city may
require the developer to post a surety to guarantee repair of damages.
B. Improvements to be dedicated to the public.
1. Plans and specifications. Engineering and survey plans, specifications and reports required in
connection with public improvements and other elements of the subdivision, or other
development required by the city, must be prepared by a registered engineer and/or a
registered land surveyor, licensed in the state, as their respective licensing laws allow. The plans
and specifications must be prepared in compliance with the city's design standards and
specifications policy and/or park design standards as applicable. Plans and specifications for
nonengineering improvements must be prepared by a person whose qualifications are acceptable
to the city department with responsibility for that type of improvements. Plans and
specifications for nonengineering improvements must be prepared in compliance with any
applicable adopted 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 must 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 forth under these regulations.
a. The developer must furnish the plans, specifications and typical sections for approval by the
city.
b. The city may make or cause to be made any reasonable changes, alterations, amendments
and additions to the standard specifications for infrastructure or park improvements.
c. The city may require work to be done that is outside of the right-of-way or park boundaries.
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, or other person acceptable to the city, must
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 must notify and receive written approval or disapproval from
the city for any changes in approved plans and specifications.
4. Improvement procedure.
a. Approval of the improvement plans and specifications must 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's design standards and specifications policy, and must be followed by the
developer and/or the developer's contractors. All plans and specifications related to park and
public trail improvements must be submitted to the parks division for review and approval.
c. After the preliminary plat has received approval or conditional approval, and before the final
plat is submitted, the developer must either install the required improvements or enter into
an agreement with the city financially guaranteeing the installation and performance of the
improvements.
d. After the final site plan is approved, subject to section 38.39.030.C, and prior to occupancy
of any buildings, the developer must either install the required improvements or enter into
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an agreement with the city financially guaranteeing the installation and performance of the
improvements.
5. Sanitary facilities. Water supply, sewage disposal and solid waste disposal systems must meet the
minimum standards of the city and the state department of environmental quality as required by
MCA 76-4-101 through 76-4-135, and regulations adopted pursuant thereto, and are subject to
the approval of the city.
C. Private improvements. Improvements must 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 parties and to restore to its original condition any public
improvements or any private improvements or property damaged during installation of private
improvements.
Sec. 38.270.030. - Completion of improvements. (38.39.030)
A. General. The applicant must provide certification 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 must 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, parkland and related improvements, and public streets, must be
installed in accordance with the approved plans and specifications by the developer, and certified
by a registered professional civil engineer, licensed in the state, and accepted by the city prior to
the approval of the final plat, building permit, issuance of a certificate of occupancy or other
identified benchmark as may be appropriate. As-built drawings complying with the city's design
standards and specifications policy, including timing for submittal of materials, must 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, private parks or open space, landscaping, paving or irrigation must 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 or site, or other identified benchmark
as may be appropriate. All improvements required as part 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 chapter or conditions of approval must be the subject of an improvements
agreement and be guaranteed if 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.
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 on-site development.
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B. Completion time for subdivisions.
1. Improvements. All subdivision improvements, including parks, must be constructed and
completed as approved by the city.
a. All improvements must be installed prior to the issuance of a building permit for any lot
within a subdivision unless otherwise provided for in development proposals occurring under
the provisions of article 20 of this chapter, planned unit development (PUD), when
concurrent construction is an identified purpose of the initial project review, and pursuant to
the criteria established in subsection D of this section.
b. The subdivider must meet one of the following requirements for completion of street
improvements. The option must be specified in the preliminary plat submittal. Should the
applicant not identify which option is desired, the option presented in subsection B.1.b.(1) of
this section must be required. Altering the choice of option after approval of the
development must constitute a material modification to the project and require re-review of
the project for modification to the approval subject to the provisions of 38.100.070.
(1) The subdivision streets improvements must be installed prior to final plat approval. This
requirement may be modified by the review authority for streets where dictated by
circumstances, and where acceptable improvement security for the ultimate
development of the streets is provided. However, under no circumstances must the
required gravel courses, curbs or gutters be waived. This requirement must generally
not be modified for nonresidential developments; or
(2) The subdivider must 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 must be
financially guaranteed, as explained in this article. However, at a minimum, the plans and
specifications for the street improvements must be approved by the review authority
prior to final plat approval. Building permits will not be issued until the street
improvements are completed and accepted by the city unless otherwise provided for in
development proposals occurring under the provisions of division 38.430 of this
chapter, Planned Unit Development (PUD), and pursuant to the criteria established in
subsection D of this section; or
(3) The subdivider may request that street improvements be guaranteed by the creation of
a special improvements district (SID). If a SID is formed for the improvements, the SID
bonds must be sold before the final plat can be filed. SIDs must not be permitted for the
installation of subdivision water and sewer improvements. Building permits will not be
issued until the street improvements are completed and accepted by the city unless
otherwise provided for in development proposals occurring under the provisions of
division 38.430 of this chapter, Planned Unit Development (PUD), and pursuant to the
criteria established in subsection D of this section.
2. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all private
drive approaches) must 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 must be entered into with the city
guaranteeing the completion of all sidewalks within the subdivision within a three-year period or
as described in subsection b. below. The developer must supply the city with an acceptable
method of security equal to 150 percent of these remaining sidewalk improvements.
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a. The subdivider must 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 must be installed prior to final plat approval, or must be subject to an approved
improvements agreement and financially guaranteed.
b. Except as provided in subsection c. below, upon the third anniversary of the plat recordation
of any phase of the subdivision, any lot owner who has not constructed the required
sidewalk must, without further notice, construct within 30 days, the sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot.
c. On any face of a block between any two intersecting streets where less than 50 percent of
lots have been issued a building permit, and when construction of a sidewalk is not
immediately required to provide pedestrian connectivity to the destinations described in
subsection (4) below, the community development director may allow the lot owner up to
an additional two-year period to construct the sidewalk. The additional time is subject to
either an extension of an existing improvements agreement with the subdivider or the
entering into of a new improvements agreement with the lot owner(s). The community
development director may authorize subsequent extensions in up to two-year increments.
The granting of an extension does not allow sidewalk installation to be delayed beyond
occupancy of any structure on an individual lot. The provision of a financial guarantee in a
form acceptable to the city must not be waived.
The following information in map and/or text form must be provided for all requests to
extend the time period to complete subdivision sidewalks:
(1) The total number of residential lots in the subdivision.
(2) The percent of subdivision lots that have been sold and are no longer under
subdivider's/applicant's ownership.
(3) The percent of subdivision lots that have been sold and are still vacant.
(4) A description of adjoining subdivisions, public parklands, open spaces, neighborhood
commercial nodes, commercial centers and public trail corridors within one-half mile of
the subdivision.
(5) Which public sidewalks and/or public trails within the interior of the subdivision are
proposed to be completed that will provide effective connectivity within the interior of
the subdivision, as well as adjoining subdivisions, public parklands, open space,
neighborhood commercial nodes, commercial centers and public trail systems.
(6) The extended time period being requested to complete the required subdivision
sidewalks.
(7) A copy of the final plat and at least one colored exhibit illustrating the subdivision being
considered, along with the number of lots sold, those developed with residential
structures, vacant lots, those lots/areas where sidewalks have been constructed, and
remaining lots still under applicant's ownership.
3. Subdivision lighting. Subdivision lighting, as required in division 38.570 must be incorporated into
all subdivisions. Prior to final plat approval, subdivision lighting must be installed or financially
guaranteed. If the subdivision lighting is financially guaranteed, they must be considered as part
of the required street improvements and building permits must not be issued until the
improvements are installed, unless otherwise provided for in development proposals occurring
under the provisions of division 38.430 of this chapter, planned unit development (PUD), and
pursuant to the criteria established in subsection D of this section.
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C. Completion 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
must 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 C.1 of this section, these improvements must be designed, constructed and installed
according to the standards and criteria as adopted by the city and approved by the review authority
prior to the issuance of any building permits.
1. 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 as
follows:
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 city 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 C.1.b and
subsection C.1.c of this section;
c. Water mains, sewer mains and streets must meet the following requirements:
(1) Any required on-site extensions of water mains, sewer mains or streets to be dedicated
to the public must be located entirely within publicly held easements or rights-of-way;
must 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 must 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 must determine when the standards of this subsection C.1 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 C.1.c.(3) of this section.
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
defined 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 state
department of environmental quality when applicable, prior to issuance of any building
permit for the development; and
(4) No occupancy, either temporary or final, may be issued until all on-site and offsite
water, sewer and street or drive improvements are installed and accepted or approved
as applicable by the city.
D. Exception. When municipal water distribution and municipal sanitary sewer collection systems and
city streets are being provided to serve a development proposal occurring under the provisions of
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division 38.430 of this chapter, 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 must be developed under the provisions of division 38.430 of this chapter;
2. The subdivider or other developer must enter into an improvements agreement to ensure the
installation of required infrastructure and other applicable improvements, to be secured by a
financial guarantee in an amount to be determined by the city, with said guarantee to be in the
name of the city;
3. Approval of the final engineering design, including location and grade, for the infrastructure
project must be obtained from the engineering department, and the state department of
environmental quality when applicable, prior to issuance of any building permit for the
development;
4. Building permits may be issued incrementally, dependent upon the status of installation of the
infrastructure improvements. All building construction within the PUD must cease until required
phases of infrastructure improvements as described in the PUD have been completed, and
inspected and accepted by the city;
5. The subdivider must provide and maintain fire hazard and liability insurance which must name
the city as an additional insured and such issuance must not be cancelled without at least 45
days prior notice to the city. The subdivider must furnish evidence, satisfactory to the city, of all
such policies and the effective dates thereof;
6. The subdivider must recognize, acknowledge and assume the increased risk of loss because
certain public services do not exist at the site;
7. The subdivider must enter into an agreement with the city which provides for predetermined
infrastructure funding options;
8. 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 certificate of occupancy has been
issued;
a. No occupancy of structures or commencement of any use must occur when such action
would constitute a safety hazard in the opinion of the city;
9. The subdivider must enter into an agreement with the city to address the provision of any
services on an interim basis during construction, if deemed appropriate;
10. The subdivider must 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 must 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;
12. The development must be under the control of a single developer and all work must be under
the supervision of a single general contractor. The developer and general contractor must agree
that there must be no third-party builders until required infrastructure improvements have been
completed, and inspected and accepted by the city; and
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13. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing all
requirements of this section, must be submitted for review and approval of the review authority
with a recommendation from the development review committee.
E. Limitations. Notwithstanding the provisions of subsection D of this section, the city may limit the
scope, type and number of projects eligible for simultaneous construction consideration.
Sec. 38.270.040. - Special provisions for timing of certain improvements. (38.39.040)
A. Park, pathway, and boulevard improvements.
1. These required improvements must 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 must 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.
Sec. 38.270.050. - Acceptance of improvements. (38.39.050)
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, it must be built to meet
or exceed the required standards. Any improvements made to county roads must 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, must meet or
exceed standards set by the state department of transportation, and must be reviewed and
approved by the county road office and the city, and accepted by the county road office into the
county's bridge maintenance system.
2. Acceptance of park, water, sewer, and storm drainage improvements. Before any public park,
water, sewer or storm drainage improvement, whether new or existing, can be accepted into
the city system by the city, it must be built to meet or exceed the required standards. Any
improvement, within the city or county, must meet or exceed standards set by the city, state
department of environmental quality and county road office, and must be reviewed and
approved by the city and the county road office, as applicable.
3. Record drawings. Record drawings of all public infrastructure improvements constructed within
the city, drawn to the specifications required by the city, must be submitted prior to final plat
approval, per section 24.183.1107(5)(f), ARM as may be amended, or other equivalent 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 must conduct an "as-built"
inspection to verify compliance and must sign off on a certificate of occupancy, final plat or other
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conclusory action if all terms and details of the approval are complied with. Except as provided for
in section 38.270.060, no final plat approval or occupancy must be permitted, or certificate of
occupancy issued, unless the terms and details of an approved plat, site or sketch plan are met. Prior
to grant of occupancy, the developer must certify the completion of the improvements as required
in section 38.270.030.A.
Sec. 38.270.060. - Improvements agreements. (38.39.060)
A. When required.
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
2. When a subdivision is to be granted final plat approval prior to the completion of all required
improvements, the applicant must enter into an improvements agreement with the city.
3. At the discretion of the community development 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.
B. 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 must 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 for streets
where dictated by circumstances, and where acceptable improvement security for the ultimate
development of the streets is provided. However, under no circumstances must the required
gravel courses, curbs or gutters be waived. This requirement must 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, required street lighting, and street gravel
courses are installed and accepted unless otherwise provided for in development proposals
occurring under the provisions of division 38.430 of this chapter, planned unit development
(PUD), and pursuant to the criteria established in section 38.270.030.D.
C. Standards for improvements agreements.
1. All agreements. All improvements agreements must meet the following standards:
a. The agreement and security must be satisfactory to the city attorney as to form and manner
of execution;
b. Detailed cost estimates and construction plans of all required on-site and off-site
improvements must be made a part of the agreement;
c. 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;
d. The term for the security referenced in subsection C.1.c of this section must be at least six
months longer than the time of performance required by the improvements agreement;
e. The agreement must provide for the city to claim the guarantee by certifying that the
developer is in default of the performance to be secured;
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f. Requests for partial release of security must only be in amounts such that the security will
always equal 150 percent of the value of the remaining uncompleted 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;
g. Must 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;
h. Must 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
i. The financial security must be placed in the keeping of the city treasurer.
2. Subdivisions. Improvements agreements for subdivisions must meet the following standards in
addition to those listed in subsection C.1 of this section:
a. The length of time of the agreement must not exceed one year from the date of final plat
approval. The agreement must stipulate the time schedule the subdivider proposes for
accomplishing the required improvements;
b. The estimated cost of improvements must 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 must stipulate which type of security arrangements will be used;
c. Security for improvements for internal subdivision streets, water, storm drainage and sewer
mains, or other internal or external improvements must be reduced only upon
recommendation of the city department with responsibility for the type of infrastructure
which has been guaranteed;
d. The improvements agreement must be filed with the final plat; and
e. The security provided must be a financial security valid for 18 months.
3. Site development. Improvements agreements for developments other than subdivisions must
meet the following standards in addition to those listed in subsection C.1 of this section:
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 division 38.270;
b. The length of time of the agreement and method of security must not be less than 12
months, and the term for the security must be at least six months longer than the time for
performance required by the improvements agreement;
c. All secured improvements must be completed by the developer within nine months of
occupancy or the security must be forfeited to the city for the purpose of installing or
contracting for the installation of the required improvements;
d. At the community development director's discretion, a developer may be permitted to
extend the manner of security, in general for a period not to exceed one additional year.
Factors such as, but not limited to, progress of installation achieved to date and phasing of
projects may be considered;
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e. The DRC and/or ADR must 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 must 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 must be withdrawn and a permanent certificate of occupancy must be
issued according to the provisions of this division 38.270.
D. 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.
E. The community development director must be responsible to sign improvements agreements on
behalf of the city.
F. When an improvements agreement is used to allow the filing of a final plat prior to the completion
of infrastructure, a notice of improvements agreement must 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 must record a notice of
completion stating that the work that was the subject of the improvements agreement is complete.
Sec. 38.270.070. - Payment for extension of capital facilities. (38.39.070)
A. The city may require a subdivider or other site developer to mitigate the impacts of subdivision or
site development by the extension of existing capital facilities or the construction of new capital
facilities. The review authority, established in 38.200.010, may determine that the payment or the
guarantee of payment for the construction of capital facilities are appropriate measures to
coordinate with the city’s planned capital facility improvements and to ensure public health, safety
and welfare. Payment of cash in-lieu of constructing capital facilities by a subdivider or other site
developer to the city is a mechanism for meeting regulatory requirements and mitigating subdivision
and other site development impacts. The review authority, in its sole discretion, must determine the
appropriate mitigation for any subdivision or site development impacts.
B. The city may require a subdivider or other site developer to pay or 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 or other site development. The costs must reasonably reflect the expected impacts
directly attributable to the subdivision or other site development. The city may not require a
subdivider or other site developer to pay or guarantee payment for part or all of the costs of
constructing or extending capital facilities related to education.
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C. The review authority may accept direct payment of cash in-lieu of public street, water, sewer, and
stormwater capital facilities required by this code. Should the review authority approve a request to
pay cash in-lieu, a subdivider or other site developer is not required to obtain a variance from the
requirement such facilities be constructed prior to development approval. A request to meet the
terms of division 38.220 by payment of cash in-lieu must be submitted by an applicant prior to a
determination of adequacy or any advisory body recommendation during review of a development
application. The city may choose to require payment of cash rather than require the construction of
capital facilities as determined by the review authority. A request received after determination of
adequacy or advisory body recommendation is a material modification to the application.
1. The review authority, established in 38.200.010, must evaluate proposals of cash in-lieu of capital
facilities and make a decision to approve, approve with conditions or deny such requests. In
evaluating a request to pay cash in-lieu, the review authority must consider the following
criteria:
a. Whether there is a danger to public health and safety of accepting cash in-lieu rather than
constructing the capital facilities;
b. Whether the work described in the proposal is part of a project scheduled for
commencement of construction on the most recently adopted capital improvement plan no
later than three years from the date of submittal;
c. Whether a public work is pending which would substantially damage the work otherwise
required to be constructed;
d. Whether the installation of the otherwise required capital facilities would be disruptive to
planned public improvements;
e. Whether the city has made a determination of the reasonableness of the cost estimate of the
work; and
f. Whether the payment would enable a more efficient installation of required capital facilities.
2. The request to pay cash in-lieu of capital facilities and the findings of the review authority must be
considered in any final action to approve, approve with conditions, or deny a development
application.
3. All cash paid in-lieu must be held by the city in a fund dedicated to the work for which the monies
are paid.
4. As a condition of accepting cash in-lieu, the city may require the property owner to execute a
waiver of right to protest creation of a special improvement district, or other legal instrument,
assuring participation, on a fair share, proportionate basis, in future capital facility improvements
in the vicinity of the development proposal.
5. The city manager may adopt procedures by administrative order to implement this section.
6. The cash paid must include all component costs of the work deferred including but not limited to
design, permitting, traffic management, construction, and record drawings. The cash paid must
include a contingency amount to offset the uncertainty of cost estimating and potential
escalation of costs.
7. Issuance of a refund is a material modification of a development per 38.100.070. Refunds of cash
paid in-lieu are not available if:
a. A final plat which relied upon cash-in-lieu of facilities has been recorded;
b. If building permits for a non-subdivision development have been issued; or
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c. If the city has published an invitation to bid on work which relies upon the paid cash for
project funding.
Sec. 38.270.080. - Types of acceptable securities. (38.39.080)
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 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.
B. 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 multiphased 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 must 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 property owners’ association with city enforceable duties to maintain certain
improvements;
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.
Sec. 38.270.090. - Development or maintenance of common areas and facilities by developer or
property owners' association. (38.39.090)
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 (as defined in section 38.700.040);
4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds)
as set forth in section 38.410.020;
5. Pathways (as defined in section 38.700.150);
6. Lighting;
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7. Stormwater facilities, and
8. Irrigation facilities installed in common areas.
B. Development. If common areas or facilities will be developed by the subdivider or by a property
owners’ association, a development plan must be submitted with the preliminary plat application for
review and approval. The development plan must 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 and/or irrigation systems will be installed in parkland, boulevard
strips or common open space, the development plan must be accompanied by a landscaping plan
that was prepared by a qualified landscaping professional. When landscaping in common areas is
installed by the subdivider, the subdivider must warrant these improvements against any and all
defects for a period of two years from the date of installation of the landscaping. When
landscaping in a park is installed by the subdivider, the subdivider must comply with the Parks
Design Standards and warrant these improvements against any and all defects 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 must be obtained from the forestry 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 section 38.220.320 must be submitted
with the preliminary plat application for review and approval. The maintenance plan must include a
maintenance schedule, and a mechanism to assess and enforce the common expenses for the
common area or facility. The maintenance plan must be included in the subdivision covenants. The
developer must provide all necessary maintenance until the improvements are transferred to a
property owners’ association, or other final custodian, at which point the property owners’
association or other final custodian will be responsible for all necessary maintenance of common
areas or facilities identified in the maintenance plan. Maintenance must be provided by the property
owners’ association for parks until the city must establish a park maintenance district or other
dedicated funding source and affirmatively accept responsibility for maintenance. The provisions of
section 38.220.200.A.8 apply to this section.
1. Landscaping warranty. The maintenance plan must provide that any required or proposed
landscaping must be maintained in a healthy, growing condition at all times, and that any plant
that dies must be replaced with another living plant that complies with the approved landscape
plan.
2. Irrigation System warranty. The maintenance plan must provide that any required or proposed
irrigation system must be maintained in an appropriate and efficient manner and kept in good
operating condition, and that any components of the irrigation system that break must be fixed
and replaced if necessary with components approved in the irrigation system design plan.
3. Shade tree maintenance. The forestry department must be responsible for the maintenance of
shade trees in all city rights-of-way and on city property, including parks.
D. Maintenance Area. For a multiphase project with common areas and facilities, the maintenance
mechanism must include all phases of the project, and must be created for the entire project with
the first phase. No property must be removed from the maintenance area or mechanism without
prior approval by the city to ensure continued maintenance of common areas and facilities, and on-
going fulfillment of all obligations.
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Sec. 38.270.100. - Warranty.
All publicly dedicated improvements must be subject to a warranty of duration and scope to meet the
city's design standards and specifications manual and/or park design standards as applicable.
38.280 Nonconforming Situations
Sec. 38.280.010. - Nonconforming uses. (38.32.010)
A. Any use lawfully existing upon the effective date of the ordinance from which this chapter or any
predecessor title or code is derived 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
division 38.560 of this chapter.
B. Except as otherwise specified in this division, the right to operate and maintain a nonconforming use
must terminate when the structure or structures housing such use are destroyed by any means to
an extent of more than 50 percent of its replacement cost at the time of destruction. However, in
the event of damage by natural disaster to the extent described herein, said nonconforming use or
uses may be reestablished through a conditional use permit procedure as set forth in division 38.230
of this chapter. Such restoration must comply to the maximum extent reasonably feasible with the
requirements of this chapter.
C. When any lawful nonconforming use of any structure or land in any district has been changed to a
conforming use, it must 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
90 days, any future use of the building, structure or land must be in conformity with the provisions
of this chapter.
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 otherwise redefine the nonconforming use.
Sec. 38.280.020. - Changes to or expansions of nonconforming uses. (38.32.020)
A. Lawful nonconforming nonresidential use.
1. A lawful nonconforming nonresidential use must 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 38.280.020.A.2, and that a conditional use permit is obtained from the review authority. A
lawful nonconforming nonresidential use may be expanded only through the granting of a
conditional use permit by the review authority. In considering the appropriateness of the
conditional use permit application, the review authority must weigh the criteria set forth in
subsection D.2 of this section. In addition, the review authority must 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 must 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 review authority must determine that the proposed nonconforming use is more appropriate
to the district than the existing nonconforming use, and that no unsafe or unhealthy conditions
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are perpetuated. In making such a determination, the review authority must weigh the following
criteria in addition to the criteria applicable to all conditional use permits:
a. Traffic impacts, both on-site and off-site;
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 chapter;
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; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination,
or other environmental impacts.
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling
units, in an effort to achieve greater conformance with the underlying zoning designation,
through the review process required by divisions 38.340, and 38.230 of this chapter, without the
need to obtain a conditional use permit from the review authority. A lawful nonconforming
residential use must 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, 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 must be obtained prior to the initiation of construction.
Sec. 38.280.030. - Nonconforming area and bulk requirements for existing lots. (38.32.030)
A. At the time of the enactment of the ordinance from which this chapter is derived if any owner of a
plot of land consisting of one or more adjacent lots, as defined in section 38.700.020 of this chapter,
in a subdivision of record does not own sufficient land within the lot of record to enable the owner
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 nevertheless 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 review authority designated in section 38.200.010.
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 must permit only a single-household residence.
2. In the R-3, R-4 and R-O districts, the reduction must permit only a two unit structure.
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time
of passage of the ordinance from which this chapter is derived, may be reduced in size so that lot
width or size of setbacks or lot area per household or any other requirement of this chapter is not
maintained except as provided for in this chapter. This section views lots as merged for the
purposes of planning and zoning regulation of bulk, size, or similar dimensional standards only, and
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does not aggregate individual parcels of land in a manner affected by MCA 76-3-103(17)(b). This
section does not apply when a portion of a lot is acquired for a public purpose.
C. Adjacent parcels which do not conform to minimum lot requirements, and which are in common
ownership, are 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 chapter.
Sec. 38.280.040. - Nonconforming structures. (38.32.040)
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance from which
this chapter is derived 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 division 38.560 of this chapter
and lighting as specified in section 38.560.200.
B. The right to operate and maintain a nonconforming structure terminates when the structure is
destroyed by any means to an extent of more than 50 percent of its replacement cost at the time of
destruction. However, in the event of damage by natural disaster to the extent described herein,
said nonconforming nonresidential structure may be reestablished through a conditional use permit
procedure as set forth in division 38.230 of this chapter. Such restoration must comply to the
maximum extent feasible with the requirements of this chapter.
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.
Sec. 38.280.050. - Changes to or expansions of nonconforming structures. (38.32.050)
A. A lawful nonconforming structure must not be changed except in conformance with the
requirements of the zone in which it is located or as provided in this division.
B. A lawful nonconforming structure may be expanded through the plan review process required by
divisions 38.340 and 38.230 of this chapter. Unless the proposed expansion would create a new
nonconformity or increase an existing nonconformity, no deviation or variance is required for the
expansion.
C. 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 must be properly granted prior to or in conjunction with the site development approval
required in divisions 38.340 and 38.230 of this chapter.
D. 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 division, so long
as the number of dwelling units on the lot is not increased. Maintenance activities may not increase
the degree of nonconformity.
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Figure 38.280.050
Clarifying acceptable and unacceptable examples of expanding non-conforming structures.
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ARTICLE 3. ZONING DISTRICTS & LAND USES
Contents:
38.300 Zones, Maps & Designations
38.310 Permitted Uses
38.320 Form & intensity standards
38.330 Zone specific provisions
38.340 Overlay district provisions
38.350 General land use standards & requirements
38.360 Index of supplemental use criteria
38.370 Wireless facilities
38.380 Affordable housing
38.300 Zones, Maps & Designations
FOOTNOTE(S):
--- (6) ---
State Law reference— Municipal zoning, MCA 76-2-301 et seq.
Part 1: Zoning Districts & Zoning Map
Sec. 38.300.010. - Purpose.
Individual zoning districts are adopted for the purposes described in section 38.100.040. Furthermore:
A. A variety of districts is established to provide locations for the many uses needed within a healthy
and dynamic community.
B. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable
uses of property, separates incompatible uses, and sets certain standards for use of land.
C. This provides predictability and reasonable expectation in use of land within particular zoning
designations and sites.
D. The zoning provisions implement the community goals and objectives that are contained in the city's
adopted growth policy.
E. Zoning districts and the zoning map communicate the City’s expectation for land use in each
particular district.
Sec. 38.300.020. - Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which, together with
all explanatory matter thereon, is adopted by this reference and declared to be a part of this
chapter.
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B. The purpose statements for each zone and map designation set forth in part 2 of this division shall
be used to guide the application of the zones and designations to all lands in the city. The purpose
statements also shall guide interpretation and application of land use regulations within the zones
and designations, and any changes to the range of permitted uses within each zone through
amendments to this title. For the purpose of this chapter, the city is divided and classified into the
following use districts:
R-S Residential Suburban District
R-1 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
R-5 Residential Mixed-Use High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
B-1 Neighborhood Business District
B-2 Community Business District
B-2M Community Business District - Mixed
B-3 Downtown Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
EO Entryway Corridor Overlay District
CO Casino Overlay District
REMU Residential Emphasis Mixed-use District
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
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development standards of this chapter and other applicable policies, laws and ordinances. 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 services.
Sec. 38.300.030. - Official map availability, certification and authority; changes. (38.07.020)
A. The official maps must be available in the community development department and must bear a
certificate with the signature of the mayor attested by the city clerk and the date of adoption of the
ordinance codified in this chapter.
B. This certificate should read as follows:
This is to certify that this is an Official Zoning Map referred to in section ____________ of Ordinance No. ____________
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 community development department
must be the final authority as to the current zoning status of land and water areas, buildings and
other structures in the city.
Sec. 38.300.040. - Official map replacement conditions. (38.07.030)
A. In 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 must 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 chapter in accordance with division
38.260 of this chapter, such changes must be made to the official zoning maps and signed, dated and
certified upon the map or upon the material attached thereto. Interpretations per 38.300.050 and
revisions to the map to accommodate annexations and other changes necessitating interpretation
must be reflected.
C. The new official zoning maps must be identified by signature of the mayor attested by the city clerk.
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
No. ____________ of the City of Bozeman, Montana.
Mayor ____________
Attested ____________
Date of Adoption ____________
Sec. 38.300.050. - Boundary interpretation guidelines. (38.07.040)
A. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the
boundaries must be interpreted as following the nearest logical line to that shown:
1. Boundaries indicated as approximately following the centerline of streets, highways or alleys
must be construed to follow such centerlines;
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2. Boundaries indicated as approximately following platted lot lines must be construed as following
such lot lines;
3. Boundaries indicated as approximately following city limits must be construed as following such
city limits;
4. Boundaries indicated as following railroad lines must be construed to be midway between the
main track or rails;
5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches must be
construed to follow such centerlines; and
6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map
must be determined by the scale of the map.
7. When a parcel subject to two or more districts is subdivided and the district boundary is near a
new parcel boundary the district must be construed to follow the new boundary.
B. 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
community development director must interpret the district boundary. Such interpretation is
subject to appeal as set forth in division 38.250 in this chapter.
C. Where district boundaries divide a lot or parcel into two or more districts, the following rule
applies:
For the purpose of determining permitted uses and development form and intensity, the community
development director may allow minor adjustments (up to 10 percent increase or decrease in area,
not to exceed one acre, of either zone on the applicable lot) to the zoning boundary. The criteria
for making such a determination must include an evaluation of site topography, proximity of non-
compatible uses adjacent to the subject property, and overall function and integration of the
development with the community.
Sec. 38.300.060. - Zoning of annexed territory. (38.07.060)
A. All territory which may hereafter be annexed to the city must, 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.
B. Areas of annexed public right-of-way must be considered to be zoned according to the provisions of
section 38.300.040.A. The city commission must determine the appropriate zoning for any and all
areas to be annexed to the city but must request a recommendation from the zoning commission
and must take into consideration the city growth policy. Any ordinance adopting such zoning
amendment must not take effect prior to the effective date of such annexation.
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Part 2: Zoning District Intent & Purpose Statements
Sec. 38.300.100. – Residential zoning districts - intent and purpose. (38.08.010)
The intent and purpose of the residential zoning districts is to establish areas within the city that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The residential districts also allow complementary non-residential uses. 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
presumption that the uses set forth for each district will be compatible with each other when the
standards of this chapter are met and any applicable conditions of approval have been satisfied. The
presumption of compatibility may be overcome by a showing of specific evidence through the
development review process that proves a development to be non-compliant with applicable standards.
Additional requirements for development apply within overlay districts. All development is subject to
section 38.100.050. Residential density is correlated with many community goals and objectives that are
contained in the city's adopted growth policy, as well as many standards and purposes of this chapter.
Table 38.320.020 sets standards for minimum densities in residential districts which will advance these
goals, objectives, and purposes.
A. Residential suburban district (R-S).
The intent and purpose of the R-S residential suburban district is to commemorate and preserve
existing RS zoning only. These purposes are accomplished by:
1. Subdivision and site plan developments in this district are subject to the provisions of division
38.430 of this chapter, pertaining to planned unit development, and shall be developed in
compliance with the adopted city growth policy.
2. Allowing permitted uses in circumstances where environmental constraints limit the desirable
density.
3. Providing for a minimum lot size in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and housing types in newly
developed areas.
4. This district is not available for newly created subdivisions, undeveloped land, or any land
annexed into the city on or after January 1, 2018.
B. Residential low density district (R-1).
The intent of the R-1 residential low density district is to provide for primarily single-household
residential development and related uses within the city at urban densities. These purposes are
accomplished by:
1. Providing for a minimum lot size in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and housing types in newly
developed areas.
2. Providing for such community facilities and services as will serve the area's residents while
respecting the residential character and quality of the area.
C. Residential moderate density district (R-2).
The intent of the R-2 residential moderate 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. These purposes are accomplished by:
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1. Providing for minimum lot sizes in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and housing types in newly
developed areas.
2. Providing for community facilities to serve such development while respecting the residential
quality and nature of the area.
Use of this zone is appropriate for areas with moderate access to parks, community services and/or
transit.
D. Residential medium density district (R-3).
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. This purpose is
accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and mixing housing types in newly
developed areas.
2. Providing for a variety of housing types, including single household dwellings, two to four
household dwellings, and townhouses to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
Use of this zone is appropriate for areas with good access to parks, community services and/or
transit.
E. Residential high density district (R-4).
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 purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and mixing housing types in newly
developed areas.
2. Providing for a variety of compatible housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts,
and/or served by transit to accommodate a higher density of residents in close proximity to jobs
and services.
F. Residential mixed-use high density district (R-5).
The intent of the R-5 residential mixed-use high density district is 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. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to serve
the varying needs of the community's residents.
2. Allowing offices and small scale retail and restaurants as secondary uses provided special
standards are met.
Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to
accommodate a higher density of residents in close proximity to jobs and services.
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G. Residential-office district (R-O).
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. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to serve
the varying needs of the community's residents.
Use of this zone is appropriate for areas characterized by office or multi-household development;
and/or areas along arterial corridors or transitional areas between residential neighborhoods
and commercial areas.
H. Residential manufactured home community district (RMH).
The intent of the RMH residential manufactured home community district is to provide for
manufactured home community development and directly related complementary uses at a density
and character compatible with adjacent development. Use of this zone is appropriate for existing
mobile home parks and areas adjacent to commercial or mixed-use districts and/or served by
transit.
Sec. 38.300.110. - Commercial and mixed-use zoning districts - intent and purpose. (38.10.010)
The intent and purposes of the commercial zoning districts are to establish areas within the city 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 chapter are met and any applicable conditions of approval have been satisfied.
Additional requirements for development apply within overlay districts.
A. Neighborhood business district (B-1).
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. Design standards emphasizing pedestrian oriented design are important elements of this district.
Use of this zone is appropriate for areas functioning as a center for surrounding residential
neighborhoods.
B. Community business district (B-2).
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. Multi-household dwellings, townhouses, and apartments are allowed as a secondary use
due to their complementary nature and ability to enhance the walkability of these districts. Design
standards emphasizing pedestrian oriented design are important elements of this district. Use of this
zone is appropriate for arterial corridors, commercial nodes, and/or areas served by transit.
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C. Community business district - mixed (B-2M).
The intent of the B-2M community business district - mixed is to function as a vibrant mixed-use
district that accommodates substantial growth and enhances the character of the city. This district
provides for a range of commercial uses that serve both the immediate area and the broader trade
area and encourages the integration of multi-household residential as a secondary use. Design
standards emphasizing pedestrian oriented design are important elements of this district. Use of this
zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.
D. Downtown Business district (downtown B-3).
The intent of the downtown B-3 business district is to provide a central area for the community's
business, government service and cultural activities with urban residential development as an
essential supporting use. The downtown B-3 district should be the area of greatest density of
development, intensity of use, and appropriate infill. Design standards reinforcing the area’s
historical pedestrian-oriented context are very important.
This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core
area" of the city'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 downtown B-3 area outside the above-
defined core.
E. Urban mixed-use zoning district (UMU) (38.11.010)
The intent and purposes of the UMU urban mixed-use district are to establish areas within the city
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 in uses and standards to landowners and residents.
There is a rebuttable presumption that the uses set forth for each district will be compatible both
within the individual districts and with adjoining zoning districts when the standards of this chapter
are met and any applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts.
1. It is the further the intent of this district to:
a. Allow complementary land uses which encourage 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;
b. Foster the development of vertically oriented mixed uses, in contrast to single use
development distributed along high vehicle capacity roadways; c. Encourage development
that exhibits the physical design characteristics of vibrant, urban, pedestrian-oriented,
storefront-style shopping streets with pedestrian amenities;
d. Provide roadway and pedestrian connections to residential areas;
e. Provide appropriate locations and design standards for automobile and truck-dependent uses;
f. Create central urban gathering places such as community squares or plazas;
g. Allow for urban oriented recreational activities consistent with the standards and intent of the
district; and
h. To encourage and support the use of sustainable building practices.
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2. 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.
F. Residential emphasis mixed-use zoning district (REMU). (38.09.010)
The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-
use in character and to provide options for a variety of housing, employment, retail and
neighborhood service opportunities within a new or existing neighborhood. These purposes are
accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings, two to four
household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting
residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood
setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;
b. Support compact, walkable developments that promote balanced transportation options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and
pedestrian-oriented complete streets.5. Providing standards and guidelines that emphasize a
sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more self-
sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense
of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle
travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
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b. Appropriately balance a hierarchy of both parks and public spaces that are within the
neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term financial
viability;
d. Allow an appropriate blend of complementary mixed land uses including, but not limited to,
retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and
housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater
Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and redevelopment to
anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial viability for the
project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and
a wider range of housing types.
G. Northeast historic mixed-use district - intent and purpose. (38.14.010)
1. 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 the city 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 standards 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.
2. The clear intent of this district is to support a mix and variety of nonresidential and residential
uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or
prejudicial to any listed use except as set forth as principal and conditional uses.
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Sec. 38.300.120. - Industrial zoning districts - intent and purpose. (38.12.010)
The intent and purpose of the industrial zoning districts is to establish areas within the city 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 chapter are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts.
A. Light manufacturing district (M-1).
The intent of the M-1 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. Manufacturing and industrial district (M-2).
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 city residents.
C. Business park district (B-P).
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.
Sec. 38.300.130. - Public lands and institutions district - intent. (38.13.010)
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.
38.310 Permitted Uses
Sec. 38.310.010. – Interpretation of land use tables. (38.08.020 and new)
A. Uses in the various districts are depicted in Tables 38.310.030-.040. Principal uses are indicated with
a "P," conditional uses are indicated with a "C," special uses are indicated with a “S”, accessory uses
are indicated with an "A" and uses which are not permitted within the district are indicated by a "-."
B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040.
C. The uses listed are deliberately broad and some are given special definitions in article 7 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 division 38.360 of this article.
D. Clarification of permitted uses and special conditions:
1. If a * appears after the use, then the use is defined in article 7.
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2. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
3. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
4. Where a number with a “sf” reference appears below a P or C in the box, it means that the use
is permitted or conditionally permitted up to the (maximum) listed square footage in gross
building area.
5. If more than one letter–number combination appears in the box (e.g., P2, 3), the use is allowed in
the zone subject to different sets of limitations or conditions depending on the review process
indicated by the letter, the general requirements of the code and the specific conditions
indicated in the development condition with the corresponding number immediately following
the table.
Sec. 38.310.020. - Classification of uses; community development director and city commission
authority. (38.07.050)
A. When a use is not clearly defined or otherwise identified in the code so that it may be determined if
it is allowed within a district the community development director must determine the appropriate
classification of a particular use. In making this determination, the community development director
must 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 comparable with the uses permitted in the district wherein the
use is proposed to be located, in terms of:
i. The amount, type, and pattern of vehicular traffic anticipated for the use, and
ii. The expected outdoor uses and activities associated with the use;
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 chapter nor the intent of the district will be abrogated by such
classification.
Persons objecting to a decision of the community development 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 community
development 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 must find that the criteria set
forth in either subsection A.1 or 2 of this section are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be
interpreted the same, as a listed accessory, principal or conditional use, the use must not be
allowed. However, an amendment to the text of this chapter may be submitted for review and
approval pursuant to the requirements of this chapter to allow such use as a listed principal,
conditional or accessory use (as defined in section 38.700.020).
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Sec. 38.310.030 - Authorized uses - residential zoning districts. (38.08.020)
Table 38.310.030.A – Permitted general and group residential uses in
residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the
subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table.
Uses
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling units* - attached
(38.360.040)2
P P P P P P P —
Accessory dwelling units* - detached
(38.360.040)2
S3 S3 P P P P P —
Apartments/apartment building* — — — — P P P —
Cottage housing (38.360.110)* P P P P P P P P
Manufactured homes on permanent
foundations (38.360.160)*
P P P P P P P P
Manufactured home communities * — — — — — — — P
Single-household dwelling (38.360.210) P P P P P P P P
Three household dwelling (38.360.210) -
or four-household dwelling
— — — P P P P —
Two-household dwelling (38.360.210) — — P P P P P —
Townhouses* & rowhouses* (two
attached units)
(38.360.240)
P3 P3 P P P P P P3
Townhouses* & rowhouses*
(five attached units or less)
(38.360.240)
— — — P4 P P P —
Townhouses* & rowhouses*
(more than five attached units)
(38.360.240)
— — — — P P P —
Group residential
Community residential facilities* with
eight or fewer residents
P P P P P P P P
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Uses
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Community residential facilities* serving
nine or more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living (38.360.150)* P P P P P P P P
Lodging houses* — — — S P P P —
Notes:
1. 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 growth policy
designation the primary use shall be non-office uses; where the district lies over a nonresidential designation
the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of
building floor area.
2. Not permitted on reduced size lots for work force housing as described in division 38.380 of this article.
3. In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of
division 38.380, Affordable Housing. May only be utilized in developments subject to division 38.380 of this
article.
4. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
Table 38.310.030.B – Permitted accessory and non-residential uses in
residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards specific to the
subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table.
Uses
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services Type I* A A A A A A A A
Guest house* A A A A A A A —
Home-based businesses (38.360.140)* A/S A/S A/S A/S A/S AS A/S A/S
Other buildings and structures typically
accessory to authorized uses
A A A A A A A A
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Uses
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Private or jointly owned recreational
facilities
A A A A A A A A
Signs*, subject to article 5 of this chapter A A A A A A A A
Temporary buildings and yards incidental
to construction work
A A A A A A A A
Temporary sales and office buildings A A A A A A A A
Non-residential uses
Agricultural uses* on 2.5 acres or more
(38.360.060)
P — — — — — — —
Agricultural uses* on less than 2.5 acres
(38.360.060)
C — — — — — — —
Bed and breakfast* C C C C P P P —
Commercial stable (38.360.220) C — — — — — — —
Community centers* C C C C C C P C
Day care centers* S S S P P P P S
Essential services Type II* P P P P P P P P
Essential services Type III*2 C C C C C C C C
Short Term Rental (Type 1)* P P P P P P P —
Short Term Rental (Type 2)* — — P P P P P —
Short Term Rental (Type 3)* — — — — — — — —
Golf courses C C — — — — — —
Offices* — — — — S3 S3 P —
Public and private parks P P P P P P P P
Medical offices, clinics, and centers* — — — — C C3 P —
Recreational vehicle parks (38.360.200)* C — — — — — — P
Restaurant — — — — — P4 — —
Retail — — — — — P4 — —
Uses approved as part of a PUD per
division 38.380 of this article
C C C C C C C C
Veterinary uses S — — — — — — —
Notes:
1. 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 growth policy
designation the primary use shall be non-office uses; where the district lies over a nonresidential designation
the primary use shall be office and other nonresidential uses. Primary use shall be measured by percentage of
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building floor area. 2. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500sf of gross floor area and only allowed on street corner sites within a mixed-
use building featuring residential units next to and/or above subject uses.
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Sec. 38.310.040. - Authorized uses – commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.A – Permitted general sales uses in commercial, mixed-use, and
industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or
conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
General sales
Automobile, boat
or recreational
vehicle sales,
service and/or
rental
- - - - - - P - p P -
Automobile fuel
sales or repair
(38.360.070)*
S S S S S S P - p P -
Convenience
uses
(38.360.100)*
P P C C P P - - - -
Heavy retail
establishment*
P P C P C P - P P -
Restaurants* P3 P P P P P
P
1,500sf
- P3 P3 -
Retail*
0-5,000sf GFA P4 P4 P4 P4 P4 P4,5 A6 C7 A6 A6 C7 A6 C7 -
5,001-24,999sf
GFA
P4 P4 P4 P4 P4,5 A6 C7 A6 A6 C7 A6 C7 -
25,000sf-
39,999sf GFA
P4 P4 P4 P4 A6 C7 A6 A6 C7 A6 C7 -
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Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Over 40,000sf
GFA (Retail,
large scale -
38.360.150)*
- P4 P4 - S - - - - - -
Sales of alcohol
for on-premise
consumption
(38.360.060)
S8 S8 C8 S8 S8,9 S8,9 S8 - C8,10 C8,10 -
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for
those not listed in this table).
3. Occupying 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.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no
more than four structures per 100 acres of contiguous master planned development and subject to section
38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no
more than two structures per 100 acres of contiguous master planned development and subject to section
38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross
floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use are conditionally permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premise consumption in the M-1 and M-2 districts are permitted with the following
conditions:
a. Restaurants serving alcoholic beverages are limited to those with 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; and/or
b. 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.
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Table 38.310.040.B – Permitted services & temporary lodging uses in commercial,
mixed-use, and industrial zoning districts
Table clarifications:152
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or
conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Personal & general service
Animal shelters - - - - - - C - S S -
Automobile
washing
establishment*
P P C C C P - P P -
Daycare—Family,
group, or center*
P3 P3 P3 P3 P3 P3
S/
A
S/
A4
C/
A4
C/
A4
C
General service
establishment*
P P P P P P P C P C -
Health and
exercise
establishments*
P
S
P P P P P P C P P -
Heavy service
establishment*
P P C P C P - P P
Medical and
dental offices,
clinics and
centers*
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Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Truck repair,
washing, and
fueling services
- - - - - - C - C P -
Temporary lodging
Bed and
breakfast*
- - - - - P C - - - -
Short Term
Rental (Type 1)*
- P P P P P P - - - -
Short Term
Rental (Type 2)*
- P P P P P P - - - -
Short Term
Rental (Type 3)*
- P P P P P - - - - -
Extended-stay
lodgings
- P P P P
P
40,000s
f
C - - - -
Hotel or motel* - P P P P
P
40,000s
f
P - P P -
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for
those not listed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in
38.510.020.
4. If primarily offering services to a single business or group of businesses within the same building or building
complex.
5. Professional and business offices only.
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Table 38.310.040.C – Permitted residential uses in commercial, mixed-use, and
industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
General residential
Accessory
dwelling unit
(38.360.040)
- P P - - - -
Apartments*3 P4 P4 P5 P5 P P A6 - A6 A6 -
Apartment
buildings*3
- C P P5 P P - - - - -
Cottage housing
(38.360.110)*
- - - - - P - - - - -
Single household
dwelling
(38.360.210)
- - - - - P P - - - -
Three household
dwelling
(38.360.210) or
four-household
dwelling
- - - - - P - - - - -
Townhouses*3 &
rowhouses*
(38.360.240)
C7 P7 P7 - P8 P - - - -
Two-household
dwelling
(38.360.210)
- - - - - P P - - - -
Live-work units* P P P P P P P
Ground floor
residential
C P5 P5
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Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Group residences
Community
residential
facilities with
eight or fewer
residents*
P4 P4, 5 P4, 5 P4, 5 P4, 5 P P - - - -
Community
residential
facilities serving
nine or more
residents*
- C C - P P - - - - -
Cooperative
household*
- - - - - P C - - - -
Group living
(38.360.150)*
P4 P4 P5 P4 - P P - - - -
Lodging houses* - C C5 C3 P P - - - - -
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t
addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter.
Lobbies associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a
minimum depth of 20 feet from front building façade on properties adjacent to designated Storefront Streets
per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building,
and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
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Table 38.310.040.D – Permitted industrial and wholesale uses in commercial, mixed-use,
and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Industrial & Wholesale
Junk salvage or
automobile
reduction/salvage
yards
- - - - - - - - - C -
Manufacturing,
artisan*
P P P P3 P P P P P P -
Manufacturing
(light)*
- S S C4 P5
P6
P P5 P5 P -
Manufacturing
(moderate)*
C C P P P P
Manufacturing
(heavy) *
- - - - - - - - C P -
Outside storage - - - - - - P A7 P P -
Refuse and
recycling
containers
A A A A A A A A A A -
Warehousing* - - - - - - P - P P -
Warehousing,
residential
storage (mini
warehousing)
(38.360.180)*
- - - - - - P - P P -
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
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2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t
addressed in this table).
3. For uses in the downtown core as described below, a high volume, pedestrian-oriented use adjoining the
building's entrance on Main Street is required. The downtown core includes those properties along Main
Street from Grand to Rouse Avenues and to the alleys one-half block north and south from Main Street.
4. Except on the ground floor in the downtown core (those properties along Main Street from Grand to Rouse
Avenues and to the alleys one-half block north and south from Main Street).
5. Completely enclosed within a building.
6. Limited to 5,000 square feet in gross floor area.
Note — Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
Table 38.310.040.E – Permitted public, regional, recreational, cultural and accessory uses
in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described in the
footnotes immediately following the table. If there are multiple numbers, then the use is subject to all applicable
development conditions.
5. Where a number with a “sf” reference appears below a P or C in the box, it means that the use is permitted or
conditionally permitted up to the (maximum) listed square footage in gross building area.
Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Public, educational, government & regional
Business, trade,
technical or
vocational school
- P P P3 P P P P P P -
Cemeteries* - - - - - - - - - - P
Essential services
(38.360.140)
Type I A A A A A A A A A A A
Type II P P P P P P P P P P P
Type III C4 P P C4 C C4
P
C
P P P P
Meeting hall - P P P P P - - - - -
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Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Production
manufacturing
and generation
facilities (electric
and gas)
- - - - - - - - - S -
Public and non-
profit, quasi-
public
institutions, e.g.
universities,
elementary junior
and senior high
schools and
hospitals
- - - - - - - - - - P
Public buildings
and publicly
owned land used
for parks,
playgrounds and
open space
P- P- P P P P P P P P P
Solid waste
transfer station
- - - - - - - - - C P
Solid waste
landfill
- - - - - - - - - - C
Truck, bus and
rail terminal
facilities
- - - - - - P - P P -
Recreational, cultural & entertainment
Adult business
(38.360.050)*
- - - - - - - - P P -
Amusement and
recreational
facilities
- P P - P - P - P C -
Arts and
entertainment
center*
P P P P P
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Uses
Zoning districts
Commercial Mixed Use Industrial
B-11 B-2 B-2M B-3 PLI
UMU
(38.310.
050)
REM
U
(38.310.
060)
NEH
MU2 BP M-1 M-2
Community
centers
(38.360.080)*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural uses* - - - - - - - - - P -
Home-based
businesses
(38.360.140)*
A A A A A A A A A A -
Other buildings
and structures
(typically
accessory to
permitted uses)
A A A A A A A A A A A
Temporary
buildings and
yards incidental
to ongoing
construction
work
- - - - - - A A A A -
Any use, except
adult businesses
and casinos,
approved as part
of a planned unit
development
subject to the
provisions of
division 38.430
C C C C C C C C5 C5 C5 -
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren’t
addressed in this table).
3. Only lobbies for the applicable use are allowed on designed Storefront block frontages as set forth in
38.510.020. Otherwise, the applicable use is permitted when located on the second or subsequent floor, or
basement, as defined in section 38.700.030 of this chapter.
4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of
installations.
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5. Also excludes retail, large scale uses.
Note — Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
Sec. 38.310.050. - Supplemental use provisions for the urban mixed-use zoning district.
Mixed uses required and limited:
A. Development must include a mix of uses.
B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A combination
of at least two different groups of uses must be provided within each site plan.
C. No use group must 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 division 38.230 of
this chapter. 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 must be utilized. Single use buildings are allowed
provided the entire site meets the required use mix standard.
D. At least 70 percent of the ground level block frontages (see division 38.510) must be occupied by
nonresidential uses. To meet this requirement, the depth of non-residential floor area must be at
least 20 feet deep. Ground level lobbies for residential uses on upper floors may qualify as a non-
residential use for the purpose of this standard provided such lobby occupies no more than 50 feet
of the block frontage. Structured parking is classified as a nonresidential use. Structured parking at
the ground level must include liner buildings of usable proportions along at least 40 percent of the
building façades facing a street or greenway.
Sec. 38.310.060. – Supplemental use provisions for the residential emphasis mixed-use zoning
district. (38.09.020)
A. 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 must 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 must 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 must not be limited by the
provisions of the section.
7. Nonresidential uses intended for public benefit and shared public amenities must 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.
B. Development review applications.
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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 first be subject to review as a master site plan per article 2 of this
chapter; or as a PUD per division 38.430 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
division 38.230 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 division 38.230 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 intersection 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.
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38.320 Form & Intensity Standards
Sec. 38.320.010. – Interpretation of tables.
A. The form and intensity standards tables within this division include the form and intensity
requirements for development specific to individual zoning districts. The zoning districts are located
on the vertical columns and the form/intensity elements being addressed are located on the
horizontal row of these tables. Where a “-“ is listed in a cell, it means that the use type or standard
does not apply to the district.
B. Where a code reference or link appears after the form and intensity topic, the use is subject to
standards set forth in that section or chapter.
C. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions
apply.
D. Division 38.350 provides clarification and exceptions to the form and intensity standards herein.
Sec. 38.320.020. – Form & intensity standards elements.
A. Lot area and width:
1. All lots must have a minimum area as set forth in the form and intensity standards tables within
this division and the more restrictive applies. These minimums assume a lack of development
constraints. All newly created lots must have a minimum area adequate to provide for required
setbacks and parking as set forth in the tables within this division Lots less than 3,000 square
feet, or less than 25 feet wide may be limited in their ability to comply with other required
standards of the municipal code.
2. All lots must have a minimum width as set forth in the form and intensity standards tables within
this division. These minimums assume a lack of development constraints. All lots must conform
to development standards for provision of public and private utilities.
3. Lot area and width may be reduced to allow a density bonus through the PUD process. The
amount of a bonus, methodology for calculating the bonus, and standards for allowing a bonus
are described in section 38.430.090.E.2.b(6).
B. Minimum density. New residential development must provide a minimum net density in applicable
zones, as set forth in the form and intensity standards tables within this division. A minimum is
required to support efficiency in use of land and provision of municipal services, and to advance the
purposes and goals of this chapter and the adopted growth policy. Density may be achieved by
averaging lot sizes over an entire development.
C. Lot coverage and floor area:
1. Maximum lot coverage by principal and accessory buildings are set forth in the form and
intensity standards tables within this division.
2. Minimum floor area requirements for each dwelling in all districts are that area required by the
city's adopted International Building Code.
3. Maximum floor area ratios (FAR) must not exceed the ratios set forth in the form and intensity
standards tables within this division. FAR refers to the total floor area of all buildings or
structures (excluding basements) on a lot divided by the size of the lot.
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Figure 38.320.020.C
Clarification of floor area ratio and lot coverage.
D. Maximum building height for each district are set forth in the form and intensity standards tables
within this division.
E. Minimum setbacks:
1. Minimum setbacks for each district are set forth in the form and intensity standards tables
within this division.
2. When a lot has one 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
setback must be provided.
3. All setbacks are subject to the provisions of sections 38.340.060, 38.350.050, 38.410.100,
38.400.100 and 38.550.100.
4. All development except single household dwellings on individual lots are subject to the block
frontage standards of division 38.510.
5. Setbacks for accessory structures are set forth in section 38.360.030.
6. Easements for utilities or other special standards may require adjustments to minimum building
setbacks.
F. All developments except single to four-household dwellings are subject to the block frontage
standards of division 38.510, which provides standards for building placement and related block
frontage provisions depending on the applicable block frontage designation.
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Sec. 38.320.030. – Form & intensity standards – residential districts. (38.08)
Table 38.320.030.A – Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in
that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number immediately
following the table. If there are multiple numbers, then all development conditions apply.
Use type/standard
Zoning district
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Minimum lot area per dwelling (square feet)1 (38.320.020.A)
Single-household dwelling 5,000 5,0001 4,0001
4,0002
5,0001
4,0002
5,0001
3,0001 4,0001 3,0001
Single-household dwelling
(only for dwellings to
satisfy minimum
requirements of division
38.380 of this chapter)
2,700 2,700 2,700 2,700 2,700 2,700 2,700 2,700
Two-household dwellings - - 6,000
5,0002
6,000
5,0002
6,000
5,000 6,000 -
Two household dwellings
(only for dwellings to
satisfy minimum
requirements of division
38.380 of this chapter)
- - 2,500 2,500 2,500 2,500 2,500 -
Lot area per dwelling in
three- or four-household
dwelling configurations
- - - 3,000 3,000 None 3,000 -
Lot area per dwelling in
three- or four-household
dwelling configurations
(only for dwellings to
satisfy minimum
requirements of division
38.380 of this chapter)
- - - 2,500 2,500 None 2,500 -
Townhouses &
rowhouses
- - 3,0003 3,0004 3,0004 None 3,0004 -
Townhouses &
rowhouses (only for
dwellings to satisfy
minimum requirements
of division 38.380 of this
chapter)
2,5004 2,5004 2,5004 2,5004 2,5004 None 2,5004 2,500
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Use type/standard
Zoning district
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Apartments - first
dwelling
- - - - 5,000 None 5,000 -
Apartments - each
dwelling after the first
- - - - 1,200 None 1,200 -
Apartments - each
dwelling after the first
(only for dwellings to
satisfy minimum
requirements of division
38.380 of this chapter)
- - - - 900 None 900 -
Additional area required
for an accessory dwelling
unit
1,0005 1,000 1,000 1,000 1,000 None 1,000 -
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 None 5,0001 5,0001
Maximum lot area (net acres) (38.320.020.A)
Residential use - - - 2.56 2.56 2.56 2.56 -
Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the required minimum
may be needed (for corner lots, parking, landscaping or large residential structures, for example), and may be
necessary for property adjacent to watercourses, ridgelines, or other environmental features in order to
provide an appropriate buildable area on the lot.
2. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
3. Per townhouse lot or rowhouse dwelling.
4. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster.
5. Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
6. Departures from the maximum lot size requirements may be allowed where the planned development fits into
the context of the neighborhood and proposed pedestrian and vehicular circulation measures meet community
objectives.
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Figure 38.320.030.2. Minimum setback to an individual, garage oriented to the street.
Table 38.320.030.B – Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in
that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number immediately
following the table. If there are multiple numbers, then all development conditions apply.
Use type/standard
Zoning district
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household dwelling 50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401
Single-household dwelling
(only for dwellings to
satisfy requirements of
division 38.380 of this
chapter)
30 30 30 30 30 30 30 30
Two household dwelling - - 60/501 60/401 50/401 50/401 50/501 -
Accessory dwelling unit3 50 50/401 60/501 60/501 50/401 None4 60/501 -
Dwellings in three- or
four-household dwelling
configurations
- - - 60 60 None2,4 60 -
Townhouses 30 30 30
Width of
interior
units,2
Width of
interior
units,2
Width of
interior
units,2
Width of
interior
units,2
-
All other uses 50 50 50 50 50 None2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
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2. Lot width is subject to 38.400.090. Lot widths of 25 feet or less may jeopardize compliance with standards for
legal and physical access, street trees, on-street parking, garage design, drive access width and placement, and
utilities. Home design and size will be restricted as a result. Mitigation measures may be required for placement
and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to accessory
buildings. Lot area and width must be provided as if the dwelling were attached to the principal use. Dwellings
to be developed under this option are subject to 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted uses and
conform to applicable design and density standards.
Table 38.320.030.C – Density, building height, & setbacks
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in
that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number immediately
following the table. If there are multiple numbers, then all development conditions apply.
Use type/standard
Zoning district
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Density, floor area and lot coverage
Density, minimum
(dwellings per net acre)
(38.320.020.B)
2 5 5 5 8 81 6 5
Lot coverage, maximum2
(38.320.020.D.1)
25% 40%3 40%3 40%3 50%3 - - 40%3
Floor area ratio,
maximum4
(38.320.020.D.3)
0.45:1 0.5:1 0.75:1 1:1 1.5:1 - 1.5:1 -
Maximum building height (feet) (38.320.020.E)
Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Less than 3:12 24 24 24 32 34 445 34 24
3:12 or greater but less
than 6:12
30 28 28 38 38 485 38 28
6:12 or greater but less
than 9:12
34 32 32 40 42 525 42 32
Equal to or greater than
9:12
38 36 36 42 44 545 44 36
Minimum setbacks (feet) (38.320.020.F)
Front setback 156 15 15 15 15 157 15 15
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Use type/standard
Zoning district
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Setback to an individual
garage oriented to the
street
208 208 208 208 208 208 208 208
Rear setback 206 20 20 20 20 20 20 20
Side setback 56 59 59 59 59 59 59 59
Notes:
1. The minimum density in the R-5 zone is eight dwelling units per “gross” acre.
2. In all residential zoning districts for those lots used to satisfy the requirements of 38.380, not more than 60
percent of the lot area can be covered by principal and accessory buildings. When a larger lot has a portion of
its total dwellings subject to the requirements of 38.380, either directly or inherited from a previous
subdivision, the portion used for those dwellings may have up to 60 percent of the lot area covered by principal
and accessory buildings.
3. The maximum lot coverage for townhouses and rowhouses:
a. R-1, R-2, R-3, and RMH districts: 50%.
b. R-4 and townhouses complying with affordable housing provisions of division 38.380 of this chapter: 85%.
4. Floor area ratio adjustments:
a. For townhouse developments, the floor area ratio standard applies to all townhouse lots. Designated
common area specifically associated with the townhouses may be used as applicable site area in determining
compliance with the floor area ratio requirement.
b. Dwellings used to satisfy requirements of division 38.380 of this chapter are allowed a 25 percent increase
in allowable floor area ratio.
5. An area, not to exceed a total of 10 percent of the building footprint, may extend above the maximum building
height by up to 12 feet. Such elements may include stair or elevator penthouses, service elements, or habitable
area and must be set back from the edge of the building by at least five feet (see Figure 38.320.030.1 below for
an example) to reduce the visibility of such feature.
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Figure 38.320.030.1. Limited exceptions to height limits for elevator or stair penthouses or similar features are
permitted provided they occupy no more than 10 percent of building’s footprint and are setback from the edge of
the building by at least five feet to reduce their visibility from the ground level.
6. All barns, stables or permanent corrals must be set back not less than 100 feet from any residence or public
road and not less than 50 feet from any property line.
7. Porches and covered entries in the R-5 district may project as allowed 38.350.050.
8. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property line,
unless explicitly authorized otherwise under this chapter.
9. No side setback is required for the interior walls of townhouses.
Sec. 38.320.040. – Form & intensity standards – Residential emphasis mixed-use zoning district.
Table 38.320.040
Table of Form & Intensity Standards –
Residential Emphasis Mixed-Use Zoning District
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in
that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number immediately
following the table. If there are multiple numbers, then all development conditions apply.
Standard
Small-lot
single-
household
Single-
household
Townhouse/rowhouse
townhouse/rowhouse
cluster1
Two to
four
household
dwellings,
group
living,
apartments
Mixed use
(residential
over
commercial)
Non-
residential
Lot and Floor Area Standards
Minimum lot area
(square feet)
(38.320.020.A)
2,500 4,0002 None Note3 None -
Minimum lot
width (feet)
(38.320.020.A)
25 40 15.5 Note3 None -
Maximum lot
coverage
(38.320.020.D.1)
75% 50% 75% 75%4 75%4 100%5
Maximum
allowable floor
area ratio
(38.320.020.D.3)
1.5:1 1:1 2.5:1 4:1 0.75:16 Max: 0.5:16
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Standard
Small-lot
single-
household
Single-
household
Townhouse/rowhouse
townhouse/rowhouse
cluster1
Two to
four
household
dwellings,
group
living,
apartments
Mixed use
(residential
over
commercial)
Non-
residential
Minimum and Maximum Building Height (feet) (38.320.020.E)
(where only one number is shown in the column, the number must represent the maximum height limit)
Roof pitch: Less
than 3:12
35 35 35
5 stories
maximum
2 stories
minimum & 5
stories
maximum
15 feet
minimum & 5
stories
maximum
Roof pitch: 3:12
or greater but
less than 6:12
38 38 38
Roof pitch: 6:12
or greater but
less than 9:12
40 40 42
Roof pitch: Equal
to or greater
than 9:12
42 42 44
Minimum-Maximum Setbacks (feet) (38.320.020.F)
(where only one number is shown in the column, there is no “maximum” setback)
Front Setback
(minimum and
maximum)
10-15 10-15 10-15 10-15 Note7 Note8
Setback to an
individual garage
oriented to the
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b. Such units should be broadly consistent in scale and level of architectural detail, but must be designed to
emphasize a distinction in individual dwelling units through form, massing, articulation, color and other
architectural means.
c. Townhouse/rowhouse units may incorporate home-based businesses at the ground level with direct access
from a public right-of-way or other accessible route. These uses are exempt from off-street parking
requirements.
d. Developments incorporating townhouse/rowhouse units may include individual retail uses at the ground
level no greater than 2,000 square feet in area, when located along the primary frontage. The first 2,000
square feet of any nonresidential use in this development type is exempt from off-street parking
requirements. Parking lots for such uses must not be permitted along primary street frontages. Apply
standards of section 38.540.050.D for accessible parking spaces.
2. Additional area for accessory dwelling unit: 800 square feet minimum.
3. Apply standards of Table 38.320.030 (lot area standards), section 38.360.130, or if a structured internal parking
facility is provided, then required lot area may be reduced by up to 50 percent.
4. Lot coverage may be up to 100 percent if a structured parking facility that accommodates all required parking is
provided.
5. Lot coverage may be up to 100 percent if parking requirements are met by shared or off-site parking facilities,
or if a structured parking facility that accommodates all required parking is provided.
6. Special parking standards.
a. Structured parking incentive. A floor area bonus of one square foot of nonresidential up to a total of 50
percent of the gross building area of all uses may be granted for each square foot of structured parking area.
b. Parking for individual lots may be provided elsewhere within the district with a shared parking agreement,
provided that the overall parking ratio for the district is comparable with documented parking ratios in
developments of similar scale, intensity of use, population density, and scope.
7. Special setback standards for mixed-use:
a. No minimum setbacks are required for the mixed-use district. Easements for utilities or other special
standards may require buildings to be placed back from lot lines.
b. Maximum setback. Buildings must be oriented to the adjacent street. At least 50 percent of the total
building frontage must be placed within ten feet of any minimum required separation from the property line.
8. Special setback standards for non-residential uses:
a. Minimum setback. No minimum setback are required for nonresidential uses. Easements for utilities or
other special standards may require buildings to be placed back from lot lines.
b. Maximum setback. Buildings must be oriented to the primary street. At least 50 percent of the total building
frontage must be placed within ten feet of any minimum required separation from the property line.
c. Special setback requirements. All setbacks associated with non-residential development must be subject to
the provisions of section 38.550.050.B, additional screening requirements, and section 38.550.050.C (parking
lot landscaping), when applicable.
9. Allow "zero-lot line" development through shared use easements or placement of buildings on or near one of
the side lot lines.
10. Or zero feet for interior walls of townhouses.
11. All vehicle entrances oriented to the street into garages must be no closer than 20 feet to a property line,
unless otherwise explicitly authorized under this chapter.
12. Special garage standards for single to four-household uses. To ensure that the subject housing types contribute
to a community-oriented, pedestrian-friendly streetscape, they must comply with the following specific
standards of this chapter:
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a. Section 38.350.070, parking and garages for single to four-household residential uses.
b. Section 38.400.090.C.2.a, drive access requirements—residential.
c. Section 38.540.010.A.4, stacking of off-street parking spaces.
d. Section 38.540.010. A.5, no parking permitted in required front or side setbacks.
e. Section 38.540.010. A.6, parking permitted in rear setbacks.
13. Bicycle parking. Covered bicycle parking must be provided by all mixed use development. The covered spaces
must be either ten bicycle parking spaces or one-half of the total minimum bicycle parking, whichever is less.
14. Mixed-use and non-residential developments are subject to block frontage standards of division 38.510.
Sec. 38.320.050. – Form & intensity standards – Non-residential and other mixed-use districts.
Table 38.320.050
Table of Form & Intensity Standards – Non-Residential and Other Mixed-Use Districts
Table clarification:
1. Where an code reference or link appears after the form and intensity topic, the use is subject to standards set forth in
that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number immediately
following the table. If there are multiple numbers, then all development conditions apply.
Standard
Zones
Commercial
zoning districts
UMU
Industrial
zoning districts
PLI
NE-
HMU B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards
Minimum lot area
(square feet)
(38.320.020.A)
5,000 - - - - 43,560 7,500 - - 5,0001
Minimum lot width
(feet)
(38.320.020.A)
50 100 - - - 150 75 100 - 502
Maximum lot
coverage
(38.320.020.D)
100%3 100% 100% 100% 100%4 60% 100% 100% -
40%-
100% 5
Minimum floor area
ratio
(38.320.020.D)
- - - - 0.50 - - - - -
Building height standards (feet) (38.320.020.E)
Minimum building
height
- - - - 22 6 - - - - -
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Standard
Zones
Commercial
zoning districts
UMU
Industrial
zoning districts
PLI
NE-
HMU B-1 B-2 B-2M B-3 BP M-1 M-2
Maximum building
height
Variable
8
55/709 5510 45 45 - 45
Roof pitch
< 3:12
34 38 7 387
Roof pitch 3:12
or >
38 44 7 447
Minimum setback (feet) (38.320.020.F)
Front Setback
Front setback provisions are set forth in the
block frontage standards in division 38.510.
2511,17 2011 2011 012 2011
Setback to an
individual garage
oriented to the
street
- 20 20 20 - - - - - 20
Rear Setback 10 10 1013 015 0 2017 3 3 012 3
Side Setback 514 514 514 015 0 1517, 14 314 314 012 3
Side or Rear
Setback Adjacent to
Alley
5 5 5 5 5 5 5 5 5
Parking & loading
areas (feet)
Note 15 Note 15
Front Setback Note11 Note11 Note11 Note11 Note11 Note11 Note11 Note11
Rear Setback 1016 1016 516 017 - - -
Side Setback 816 816 516 017 - - -
Garages and special parking standards
Residential Garages - Note18 Note18 Note18 - - - - - Note18
Special Parking
Standards
Note19,
20
Note19,
20
Note 19,
20
Note20
Note19,
20
Note20 Note19,20 Note19,20 Note20
Notes:
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3. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square feet.
5. The maximum lot coverage must be 40 percent for principally residential uses or 100percent for principally non-
residential uses.
6. Buildings within a development or each phase of a multi-phased development must have varying heights achieved
through the use of multiple stories.
7. B-2 height exceptions:
a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is
implementing a regional commercial and services growth policy land use designation.
b. Maximum height otherwise cumulatively allowed by this section may be increased by 30 percent through the
approval of a conditional use permit, but only when the additional height is a specifically identified purpose
of the review.
8. B-2M height limits:
a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less), provided
the top floor of five-story buildings within 30 feet of the front property line feature has a stepback of at least
ten feet from the front face of the building.
Figure 38.320.050.1 The top floor of five story buildings within 30 feet of a street property line must feature a ten-
foot stepback along the front façade to reduce the perceived scale of the building.
b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is less).
c. An area, not to exceed a total of ten percent of the floor area which is located at street level, may extend
above the maximum building height by up to 12 feet.
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Figure 38.320.050.2 Limited exceptions to height limits for elevator or stair penthouses or similar features are
permitted provided they occupy no more than 10 percent of building’s footprint and are set back from the edge of
the building by at least five feet to reduce their visibility from the ground level.
9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70 feet outside of the
core area.
10. Maximum building height may be increased by up to but not more than an additional 25 feet when structured
parking is provided per section 38.330.040.E.2, and when determined to be in compliance with the review
criteria of section 38.230.100.
11. Front setback provisions are set forth in the block frontage standards in division 38.510 and 38.350.070.
12. In the PLI district, there is no setback requirement except when a lot is adjacent to another district. The
setbacks then must be the same as those in the adjacent district. The setback requirements of RS must be
interpreted as those of R1.
13. The minimum rear setback is five feet for accessory buildings.
14. Zero lot lines are allowed per section 38.350.050.B.
15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless explicitly authorized
otherwise under this chapter.
16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated parking arrangements
between adjacent properties are provided.
17. Rear and side setbacks adjacent to alleys must be at least five feet.
18. Garage location standards: for single to four-household uses, see section 38.350.070.
19. This chapter provides opportunities for parking requirements to be met by shared and off-site parking as
allowed by division 38.540 of this chapter.
20. Non-residential and multi-household developments are subject to the block frontage standards of division
38.510.
Sec. 38.320.060. – Zone edge transitions. (New)
A. Intent: To provide measures that help to provide a compatible transition between certain higher and
lower intensity zoning districts.
B. Zone edge transition standards. The following standards are intended to supersede other form and
intensity standards in this division.
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1. Setback adjustments:
a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where
adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys
and streets.
b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a
residential district: five feet. No additional setbacks are required adjacent to alleys and
streets
2. Height/setback adjustments.
a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that are adjacent to the
RS, R-1, or R-2 district, the following standard applies: From a height of 38 feet at a ten foot
setback from the applicable residential districts, buildings must step back at a 45 degree angle
away from the applicable property line as shown in figure 38.320.060. No such 45 degree
angle setback is required if separated by a street.
Figure 38.320.060. 45 degree angle stepback rule for certain zone edge development.
b. For development on sites in the B-3 district that border R-3 and R-4 districts, the following
standard applies: From a height of 38 feet at a five foot setback from the applicable residential
districts, buildings must step back at a 45 degree angle away from the applicable property
line.
c. Permitted 45 degree angle stepback encroachments:
(1) Permitted horizontal encroachments include those elements and standards set forth in
section 38.350.050.A.
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(2) Permitted vertical encroachments include those elements and standards set forth in
section 38.350.050.D.
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38.330 Zone Specific Provisions
Sec. 38.330.010. – UMU District - Special standards. (38.11.070)
A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a
lesser area of not less than ten 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 must be surrounded by perimeter streets unless precluded by topography.
C. Block frontages and building orientation. See division 38.510 for applicable standards for all
development types.
D. Site planning and design element standards. See division 38.520 for applicable standards for all
development types.
E. Building standards.
1. Building design. See division 38.520 for applicable standards for all development types.
2. Floor-to-floor heights and floor area of ground-floor space.
a. All commercial floor space provided on the ground floor of a mixed-use building must have a
minimum floor-to-ceiling height of 13 feet.
b. All commercial floor space provided on the ground floor of a mixed-use building must
contain the following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with
street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more.
3. Street-level openings on parking structures must be limited to those necessary for retail store
entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator
lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not
limited to, standard size masonry units such as brick, divided openings to give the appearance of
windows, and other techniques to provide an interesting and human-scaled appearance on the
story adjacent to the sidewalk.
D. Landscaping requirements must be the same as the portion of the B-3 district outside the defined
core area as shown in section 38.550.060, Table 38.550.060-1.
E. Special parking standards.
1. Maximum surface parking.
a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface
parking provided for the sole use of an individual development must not exceed 100 percent
of the minimum parking requirement for the subject land use based upon the requirements
of division 38.540 of this chapter. The UMU district may utilize the parking reductions
authorized in section 38.540.050.2.c.1. All qualifying reductions must be included in
determining the 100 percent requirement.
b. Exemptions to section 38.330.040.E.1.a, to allow unstructured surface parking up to 100
percent of the minimum parking requirement exclusive of reductions may be approved
through the development review process for developments that provide shared parking to
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other development, valet parking spaces, parking for off-site users for which an hourly or
other regular rent is paid, or similarly managed parking facilities.
2. 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 Table 38.320.050.
3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at least
one-half of the total minimum bicycle parking. The minimum number of covered spaces must be
the greater of either ten bicycle parking spaces or five percent of motor vehicle parking
provided on-site.
F. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian-
scale lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc.). Alternative
lighting meeting the intent of the design guidelines and other criteria of this chapter may be
approved through site development review.
G. 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 hardscapes,
landscaping with planters, furniture, developed recreation facilities such as basketball and tennis
courts or indoor recreation facilities, and will be more concentrated in size and development than
anticipated in a less urban setting. The requirements of this section give direction in the
development of park plans and the application of the standards of division 38.420 of this chapter.
The parkland dedication requirements of division 38.420 of this chapter may be satisfied by a
cumulative contribution of land and the value of on-site improvements to create spaces with the
characteristics and functions described in this section. Development within the UMU district may
also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of
section 38.420.020.A. The requirements of this section must prevail if these standards conflict with
the application of the standards of article 4 of this chapter.
1. Public spaces must be designed to facilitate at least three of the following types of activities to
encourage consistent human presence and activity.
2. Public spaces must 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 groups;
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.
Sec. 38.330.020. – REMU District - Special standards. (38.09.030)
A. The special standards set forth in this section are minimum standards for a development review
application. Standards not specifically addressed by this section are subject to the standards set forth
in this chapter.
B. Street and circulation standards.
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1. The policies and standards of the city's long-range transportation plan apply to REMU districts.
New streets within REMU districts must be complete streets that accommodate pedestrians,
bicycles, buses, automobiles and wintertime snow storage, and work in concert with internal
property accesses and adjacent development to create a connected and vibrant public realm.
REMU street standards also include the following stipulations:
a. Natural storm drainage systems are allowed within street rights-of-way.
b. Boulevard strips and medians may incorporate natural drainage technologies.
c. Buildings must be oriented with front facades facing the street as specified in the block
frontage standards of division 38.510 of this chapter.
d. Shared drive accesses must be used to reduce the need for additional curb cuts, when
feasible.
e. On-street parking should be maximized wherever feasible.
2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and
pedestrian-friendly, adjacent buildings, garages and drive aisles must comply with the following
specific standards of this chapter.
a. Section 38.350.070, parking and garages (for single to four-household dwellings).
b. Section 38.400.090.C.2.a, drive access requirements—Residential.
c. Division 38.510, block frontage standards (for all development except single to four-
household dwellings)
d. Section 38.540.010.D, stacking of off-street parking spaces.
e. Section 38.540.010.E, no parking permitted in required front or side setbacks.
f. Section 38.540.010.F, parking permitted in rear setbacks.
3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists,
are encouraged on private drive accesses or properties in the REMU district. Woonerfs may be
permitted on public local streets or alleys through the subdivision variance or PUD process.
4. Alleys. Alleys are encouraged, but not required, in the REMU district.
a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where
applicable.
C. Site planning and design element standards. See division 38.520 for applicable standards for all
development types, except single to four-household dwellings. See section 38.360.210 for applicable
standards for single to four-household dwellings.
D. Open space standards. The REMU district is urban in nature. Public parks and recreational areas and
publicly accessible private open spaces are likewise expected to be urban in nature. This may include
elements such as plazas or other hardscaping, or landscaping with planters and furniture. Such areas
may be more concentrated in size and development than anticipated in a less urban setting. Public
spaces must be designed to facilitate distinct types of activities to encourage consistent human
presence and activity.
1. Public parks and recreational areas. The requirements of this section must give direction in the
development of park plans and the application of the standards of division 38.420 of this chapter.
2. Publicly accessible private open space in commercial developments. See section 38.520.060 of
this chapter for the minimum amount and design of pedestrian-oriented open space.
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3. Private residential open space. See section 38.520.060 of this chapter for the minimum amount
and design of usable residential open space.
E. Building standards.
1. See division 38.520 for applicable standards for all development types, except single to four-
household dwellings.
2. Parking structures must not have more than one two-way vehicle entrance or two one-way
vehicle entrances facing any public way. Fifty percent of a parking structure’s ground floor linear
frontage along the primary street must be retail, commercial, office, civic, residential, or
live/work.
3. Building encroachments are permitted in accordance with section 38.350.050, subject to any and
all applicable International Building Codes.
4. All projects in the REMU district are exempt from the rear setback lot coverage requirements
of section 38.360.030.I.
F. Landscape and planting standards. Developments are subject to the landscaping standards in division
38.560 of this chapter and the provisions herein. Table 38.330.020-1 lists the minimum number of
points needed for landscape plan approval for development types within REMU districts.
Table 38.330.020-1
Special landscape & planting standards
Development type
Lot with residential
adjacency
Lot without residential
adjacency
Residential: Small-lot single-household N/A per section 38.550.020.B N/A per section 38.550.020.B
Residential: Single-household N/A per section 38.550.020.B N/A per section 38.550.020.B
Residential: Townhouse
2 to 4 attached units
N/A per section 38.550.020.B N/A per section 38.550.020.B
Residential: Townhouse or townhouse
cluster
5 or more attached units
23 23
Residential: Two to four household
dwellings
N/A per section 38.550.020.B N/A per section 38.550.020.B
Residential: Apartments
5 or more units
23 23
Mixed use with residential 15 15
Non residential projects 23 15
PUD 23 23
G. Lighting standards. See division 38.580 for applicable standards.
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Sec. 38.330.030. – PLI District - Applicability. (38.13.020)
To the maximum extent allowed by state law, all PLI development must be subject to review and
approval as provided for by this chapter, based upon recommendations received from the applicable
review bodies established by article 2 of this chapter as may be applicable, and must 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.
Sec. 38.330.040. – NEHMU District - Special standards and requirements. (38.14.080)
A. The requirements for landscape buffering for residential adjacency required by division 38.550 of this
chapter are not applicable in the northeast HMU.
B. All necessary screening or other buffering determined to be necessary between adjoining uses must
be the responsibility of the use established last in time.
C. When a lot is adjacent to or across the street from a residential zoning district, the setback
requirements must be the same as the adjoining zone and buildings must be screened with either a
decorative fence or plantings. The provisions of R-S must be interpreted as those of R-1.
38.340 Overlay district standards
Part 1: Neighborhood Conservation Overlay District & Historic Preservation
Sec. 38.340.010. – Intent and purpose. (38.16.010)
A. 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 unless specifically
exempted. The recommendations of the design review board or administrative design review staff
must be given careful consideration in the final action of the review authority.
B. Sections 38.340.010 through 38.340.130 define and set forth standards which apply to the
conservation district.
C. 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.
D. 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 may not
be in compliance with conventional regulatory requirements. This part (1) recognizes that this
diversity is a contributing element of the historic character of these neighborhoods or areas. The
provisions of this part (1) must be applied in a manner that will encourage the protection and
enhancement of the many diverse features for future generations.
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E. 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. The district boundary may be revised as additional cultural resource survey work is
completed. This part (1) sets forth the means of protecting and enhancing the conservation district.
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
citizens of the city. It will be the policy and responsibility of the administrative entities of this part (1)
to:
1. Protect, preserve, enhance and regulate historically significant structures, archaeological or
cultural sites, and areas that:
a. Are reminders of past eras, events or persons important in local, state or national history;
b. Provide significant examples of land planning or architectural styles, or are landmarks in the
history of land planning and architecture;
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 the city's history and
prehistory;
4. Stimulate an enhancement of human life by developing educational and cultural dimensions,
which foster the knowledge of the city'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.
G. It is further the purpose of this article to protect historic structures and sites as defined in article 7
of this chapter by requiring any person seeking to demolish or move a historic structure or site to
comply with 38.230.080 whether or not the structure is located within the NCOD.
Sec. 38.340.020. - Design review board and administrative design review staff powers and duties
within conservation districts. (38.16.020)
A. The DRB and administrative design review staff will review and make recommendations to the
review authority 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.
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B. In carrying out this mission, in addition to the duties established in division 38.200 of this chapter,
the design review board and administrative design review staff must 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 abatement or incentive programs.
Sec. 38.340.030. - Conservation district designation or recession. (38.16.030)
A site, structure, object, area or district may be 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 division 6, Historic Preservation Advisory
Board of article 5, chapter 2, and division 38.260, Text and Map Amendments, of this chapter. Property
owner concurrence is necessary for the designation or recision of landmark status.
Sec. 38.340.040. - Certificate of appropriateness. (38.16.040)
A. A certificate of appropriateness is required before any and all alteration(s) other than those
specifically exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160,
are undertaken upon any structure in the conservation district. The review authority for certificates
of appropriateness is established in division 38.220 of this chapter. Compliance with the terms of the
final decision is required. The Montana Historical and Architectural Inventory Form must be
reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of
the proposal. Application procedures are as follows:
1. No building, demolition, conditional use, sign or moving permit may 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.
a. Limited exceptions. The following construction located within the neighborhood
conservation overlay district, within an established historic district, or at a site which is
individually listed on the National Register of Historic Preservation, does not require a
certificate of appropriateness if the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision
triangle, finished side out, etc. per section 38.410.130) which are built of wood,
wrought-iron, or any other non-synthetic material and whose construction allows
"transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in
section 38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is present
elsewhere in the structure, and whose window wells are not on the front or corner-
side setback elevation of the structure, and which do not establish or provide egress
from an illegal dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge of the
exterior walls, which meet the setback requirements, are not more than 14 feet to their
highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle
material, and no changes are made to the roof shape, pitch or slope.
2. Application, review and public notice procedures for proposals located within the conservation
district are set forth in division 38.230, Review Procedures for Site Development, Development
Review Committee, Design Review Board, Administrative Design Review and Wetlands Review
Board, and division 38.220, Applications and Noticing, of this chapter. If demolition or
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movement of structures or sites subject to the conservation district requirements is proposed,
the procedures in section 38.340.080 apply.
3. The architectural designs of individual workforce housing units used to satisfy the requirements
of section 10.08.040 and meeting the requirements of section 10.08.070A.1.m are exempt from
the review requirements of this part (1). This exemption does not extend to removal or
alterations of existing structures.
Sec. 38.340.050. - Standards for certificates of appropriateness. (38.16.050)
A. All work performed in completion of an approved certificate of appropriateness must be in
conformance with the most recent edition of the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings, published by U.S. Department of the Interior, National Park
Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C. (available for review at the community development department).
B. 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, must 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;
7. Architectural details;
8. Concealment of non-period appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions imposed regarding color schemes
must 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).
C. Contemporary, non-period and innovative design of new structures and additions to existing
structures is 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 through C of this section, the review authority must
be guided by the design guidelines for the neighborhood conservation overlay district. Application of
the design guidelines may vary by property as explained in the introduction to the design guidelines.
When reviewing a contemporary, non-period, or innovative design for new structures or additions
to existing structures, the review authority must be guided 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 chapter. Development in the
NCOD must comply with all other applicable development standards of this chapter.
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F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and
standards established in chapter 2, article 6, division 2.
Sec. 38.340.060. - Application requirements for certificates of appropriateness in conservation
districts. (38.16.060)
Applications for certificates of appropriateness must be made in conjunction with applications for site
plan approval in accordance with division 38.230 of this chapter. Where development projects in the
conservation district require only sketch plan review per division 38.230 of this chapter (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 must be made on a form provided by the community development
department, and must include the information and material set forth in division 38.220 of this chapter.
Sec. 38.340.070. - Deviations from underlying zoning requirements. (38.16.070)
A. Because the development of much of historic Bozeman preceded zoning, subdivision and
construction regulations, some 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 as described in division 38.250 of this chapter. The criteria for
granting deviations from the underlying zoning requirements are:
1. Modifications must be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in section 38.340.050, than would be
achieved under a literal enforcement of this chapter;
2. Modifications will have minimal adverse effects on abutting properties or the permitted uses
thereof; and
3. Modifications must 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 part (1).
Sec. 38.340.080. – Review of demolition or movement of historic structures or sites.
(38.16.080)
A. The demolition or movement of any structure or site must be subject to the provisions of this
article. This process applies to:
1. Historic properties and sites, as defined in article 7 of this chapter.
2. Non-historic properties per 38.340.100.
3. Unsafe structures whether historic or non-historic per 38.340.110. The provisions for unsafe
structures take priority over other provisions for demolition.
B. An application to move or demolish a structure subject to this article must follow the applicable
review procedures.
C. Optional provisional review of demolition. A property owner may request provisional review of the
proposed demolition of a structure subject to this article prior to submittal of a certificate of
appropriateness application for seeking demolition of the structure. The director of community
development may establish criteria for the application for provisional review of demolition.
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Provisional review is advisory only and does not constitute approval to demolish a structure.
Provisional review must consider:
1. The property’s historic significance.
2. Whether the structure has no viable economic life remaining. “No viable economic life
remaining” means the costs of repair and/or rehabilitation to bring the structure to a habitable
condition as established by the applicable technical codes in Article 10.02, exceed the costs of
demolition and redevelopment to minimum standards with a building of the same type and scale.
Sec. 38.340.090. - Demolition or movement of a historic structure or site.
A. Certificate of appropriateness (COA) for demolition and subsequent development. Approval of the
proposed subsequent development is required for all historic structures proposed for demolition
and for the proposed movement of any structure or site.
B. Public notice. Proposals for demolition of historic properties within the city limits require public
notice. Notice of application(s) must be provided in accordance with division 38.220 of this chapter.
C. Criteria. The review authority must consider the following factors in evaluating applications for
demolition or movement of a historic structure or site and subsequent redevelopment:
1. The property’s historic significance.
2. Whether the structure has no viable economic life remaining. “No viable economic life
remaining” means the costs of repair and/or rehabilitation to bring the structure to a habitable
condition as established by the applicable technical codes in Article 10.02, exceed the costs of
demolition and redevelopment to minimum standards with a building of the same type and scale.
3. Whether the subsequent development complies with 38.340.050.
4. Whether the subsequent development includes construction of new building(s) unless the
existing character of the area does not include buildings.
5. Subsequent development requires a building permit and does not include proposals which leave
the site without building(s) or structure(s).
Notwithstanding the above, for projects proposing the removal of a historic structure, which do not
qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the
proposed subsequent site development is more appropriate for the site based on the criteria in
38.230.100.
D. Review process.
1. Upon application for a COA for demolition and subsequent development the review authority
may:
a. Grant preliminary or final approval of the demolition with standard contingencies and/or
project specific conditions.
b. Deny the COA application.
2. COA approval.
a. Preliminary COA approval. After preliminary approval with contingencies or conditions
requiring follow up work, the applicant may apply for final COA approval and must
demonstrate compliance with development standards and completion of contingencies and
conditions, including documentation. The review authority must approve the COA for
demolition and subsequent development.
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b. Final COA approval. If the submitted application materials demonstrate compliance with
development standards and completion of contingencies and conditions, including
documentation, the review authority must approve the COA for demolition and subsequent
development.
3. If an application for demolition or moving is denied due to failure to meet 38.340.090.C issuance
of a demolition or moving permit must be stayed for a period of two years from the date of the
denial 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 this section.
a. Early termination of two-year stay. An owner of property subject to a stay under this section
may seek early termination of the stay if the owner demonstrates s/he has actively and in
good faith sought alternatives to demolition. These alternatives may include but are not
limited to: listing the property for sale as a historic property; actively seeking input from
neighborhood groups and interested parties; exploring alternative funding sources for
stabilization and/or reconstruction; and offering the property for relocation.
b. If, upon expiration of the two-year stay of demolition, no alternate proposals have been
approved or sufficient evidence has not been presented to otherwise terminate the stay, an
application for a demolition permit may be presented to the city pursuant to Chapter 10,
article 3 or 4 of this Code. If all requirements of the demolition permit are satisfied, including
documentation of the structure to be moved or demolished and the review authority has
approved the subsequent development and has issued a building permit for the subsequent
development, a demolition permit pursuant to chapter. 10, article 3 or 4 must be granted and
no other proceedings under this chapter are required.
c. The two-year stay does not begin to run if denial of a COA to demolish a historic structure
or site is based on the failure of the applicant to make a complete and adequate submittal or
to propose a subsequent treatment which complies with the standards of this chapter.
4. Standard requirements.
a. Subsequent development of the site must receive zoning approval, building permit approval,
and pay all related fees prior to issuance of a demolition permit.
b. Documentation of the structure must be completed and submitted to the historic
preservation officer and deemed complete and adequate prior to issuance of a demolition
permit per paragraph 38.340.120.
c. The review authority may require a developer to enter into a development agreement with
the city at the time of issuance of a certificate of appropriateness authorizing demolition of all
or part of a historic structure in the neighborhood conservation overlay zoning district or in
a designated historic district. The development agreement may provide for conditions of
demolition, timing of reconstruction, and may require the developer to post a surety bond
naming the city as a beneficiary for not more than 10 percent of the costs of the overall
reconstruction budget as a guarantee that construction of the replacement structure will
commence promptly upon completion of the demolition. This requirement is in addition to
any other requirement of this code.
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Sec. 38.340.100. - Demolition or movement of a non-historic structure or site in the NCOD.
A. Certificate of appropriateness (COA) for demolition and subsequent development. Required for all
properties proposed for demolition or movement of any structure or site. Subsequent development
does not include proposals which leave the site without building(s) or structure(s).
B. Public Notice. Notice must be provided in accordance with division 38.220 of this chapter.
C. Criteria.
1. The applicable criteria are the COA criteria of 38.340.050.
2. The subsequent development must include construction of new building(s) unless the immediately
prior character of the area did not include buildings.
D. Review process.
1. Upon application for a COA for demolition and subsequent development the review authority
may:
a. Grant preliminary or final approval of the demolition with standard contingencies and/or
project specific conditions.
b. Deny the COA application.
2. COA approval.
a. Preliminary COA approval. After preliminary approval with contingencies or conditions
requiring follow up work, the applicant may apply for final COA approval and must
demonstrate compliance with development standards and completion of contingencies and
conditions, including documentation. The review authority must approve the COA for
demolition and subsequent development.
b. Final COA approval. If the submitted application materials demonstrate compliance with
development standards and completion of contingencies and conditions, including
documentation, the review authority must approve the COA for demolition and subsequent
development.
3. Standard requirement. Subsequent treatment of the site must receive zoning approval prior to
issuance of a demolition permit. Subsequent treatment may include replacement with a new
building, integration of the area into a larger site which will support future development, or
reclamation of the site to a safe, graded condition where storm-water runoff and weeds are
controlled and landscaping is reestablished.
Sec. 38.340.110. - Demolition or movement of an unsafe structure whether historic or non-
historic.
A Certificate of appropriateness (COA) for demolition and subsequent development. Upon application
and the chief building official’s determination that the property is unsafe, the review authority may
approve demolition and subsequent development. Subsequent development for an unsafe structure
may be its replacement with a new building, integration of the area into a larger site which will
support future development, or reclamation of the site to a safe, graded condition where storm-
water runoff and weeds are controlled.
B. Public notice. Notice must be provided in accordance with division 38.220 of this chapter.
C. The demolition of unsafe properties / structures may be subject to the public nuisance abatement
provisions of chapter 16, article 2 of this code. Upon the chief building official’s determination that
the property is unsafe and declaration of a public nuisance if the property owner does not resolve
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the unsafe condition, the review authority must give final approval on a COA, which may be initiated
by the city, and the demolition permit will be issued so the city may abate a nuisance.
D. The provisions of this section may be initiated by a land owner; or by the city in accordance with
article 16.02.
Sec. 38.340.120. - Documentation and administrative procedures. (new per Ordinance 1920)
A. Documentation. All structures or sites approved for demolition or moving must be fully
documented.
1. The director of community development must establish by administrative order rules for
documentation of non-historic and historic properties. This documentation must be created by
a professional who satisfies professional qualification standards for History, Archeology or
Architectural History, as established by the National Park Service and published in the Code of
Federal Regulations, 36 CFR Part 61.
2. Documentation may be submitted as early in the process as the property owner desires to
support the requested action, and to further the consideration and review of the request, but
not later than prior to issuance of a building permit.
B. A building permit application, in accordance with applicable codes and requirements, must be
submitted and approved before any demolition or construction is allowed.
C. All fees and charges applicable to review of the request for demolition and construction of the
subsequent development (e.g. parkland, water rights, impact fees) must be paid prior to issuance of a
building or demolition permit.
1. When required by the city, this must include a financial security in a form approved by the city
attorney ensuring completion of the demolition and reclamation of the site to a safe condition.
D. In addition to the remedies in division 38.220 of this chapter, 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.
Sec. 38.340.130. - Safe condition and good repair. (new per Ordinance 1920)
Each property or structure located in the conservation district must be maintained in safe condition and
good repair as required in 16.02.030 and 16.02.040. Nothing in this division 38.340 must be construed
to prevent normal maintenance and repair of any exterior feature of any historic structure which does
not involve a building permit. Interior arrangements or alterations to the interior of a building must not
be subject to this requirement.
38.350 General land use standards & requirements
Sec. 38.350.010. - Area requirements for individual buildings—Restrictions. (38.21.010)
No part of any setback, open space, or off-street parking or loading space required in connection with
any building for the purpose of complying with this chapter may be included as part of a setback, open
space or off-street parking or loading space similarly required for any other building except as provided
in section 38.540.060.
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Sec. 38.350.020. - Setbacks and lots reduction prohibited. (38.21.020)
No setback or lot existing at the time of the adoption date of the ordinance from which this chapter is
derived may be reduced in dimension or area below the minimum requirements of this chapter except
as set forth herein. Setbacks or lots created after the effective date of said ordinance must meet at least
the minimum requirements established by this chapter.
Sec. 38.350.030. - Use of lands; buildings and structures. (38.21.030)
A. Only uses specifically identified by this chapter are to be built. No building, or structure or part
thereof may be erected, altered or enlarged for a use, nor must any existing building, structure or
part thereof, or land, be used for a purpose or in a manner that is not in conformity with the uses
listed as authorized 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
or special use in such zone must first receive final approval of a permit for the use. Existing
nonconforming uses and structures must comply with division 38.270 of this chapter.
B. No building, or part thereof, or structure may be erected, nor may any existing building be altered,
enlarged or rebuilt, or moved into any zone, nor may any open space be encroached upon or
reduced in any manner, except in conformity to the setback regulations designed for the zone in
which such building or open space is located, except as otherwise specified in this chapter.
C. Recreational vehicle parking on residential lot. No person may 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 community or recreational vehicle park except that:
1. The parking of only one unoccupied recreational vehicle in any accessory individual garage, or in
a rear setback in any district is permitted, provided no living quarters may 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 city limits or existing lots
are annexed, and prior to the issuance of any building permits on such lots or sites, municipal
water distribution, municipal sanitary sewer collection, and streets must 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 division
38.270 of this chapter.
a. Alternative. When, in the city's sole determination, it is in the city's long term best interests
to allow a building lot or site to be created or developed without immediate access to either
municipal water or municipal sewer the city may, at its sole discretion, make such allowance
when all of the following have been met:
(1) The non-municipal system to service the lot or site must be designed, reviewed and
constructed to meet city standards. Systems serving more than one lot or user must be
central systems;
(2) The non-municipal system must 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;
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(3) The landowner must provide waivers of right to protest creation of special
improvement districts 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 must agree to connect to municipal water and sewer services and
abandon and remove non-municipal services when so instructed by the city. Such
agreement must be binding on all successors and run with the land;
(5) If the city takes responsibility to operate the non-municipal system it may impose a
surcharge to cover extra operational expenses. City operation of the system is at the
city's discretion;
(6) The requirement for future connection to the municipal water and/or sewer system,
waivers and agreements, and other applicable materials must be either noted on the plat
or final plan or a separate notice be recorded at the county clerk and recorder's office
so that such notice will appear on a title report or abstract of the property;
(7) No non-municipal water or sewer systems must be constructed until all necessary
approvals from the state department of environmental quality, City of Bozeman, County
health department, and any other relevant agency have been received; 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 non-municipal
systems is intended to be used sparingly and in extraordinary circumstances. In order to
protect the public interest, in approving a non-municipal system the city may impose
such conditions of approval as it deems necessary.
2. These improvements must be designed, constructed and installed according to the standards
and criteria as adopted and approved by the city prior to the issuance of any building permits.
3. When municipal water distribution and municipal sanitary sewer collection systems are being
provided to serve a development proposal occurring under the provisions of division 38.430,
planned unit development (PUD), the issuance of a building permit may be allowed prior to
completion of the public infrastructure, provided the criteria of section 38.270.030 are met.
4. Notwithstanding the provisions of subsection D.3 of this section, the city may limit the scope,
type and number of projects eligible for simultaneous construction consideration.
Sec. 38.350.040. - Dwelling unit restrictions. (38.21.040)
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
outside of an approved manufactured home community, recreational vehicle park, or approved
individual lot in accordance with section 38.360.160 can at any time be used as a dwelling unit,
unless approved for use as a temporary dwelling unit due to a demonstrated hardship.
B. Use of basements. The basement portion of a finished home must be properly damp-proofed and
have nature lighting, heating, ventilation, and suitable fire protection and exits if used for living.
Sec. 38.350.050. - Setback and height encroachments, limitations and exceptions. (38.21.060)
A. Permitted encroachments into setbacks. The following are permitted encroachments into required
setbacks, subject to any and all applicable International Building Code requirements and/or utility
easements:
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1. Architectural features which do not add usable area to a structure, such as chimneys, wing walls,
sills, pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such
architectural features do not extend more than five feet into any required front or rear setback;
2. Architectural features, which do not add usable area to a structure, such as chimneys, wing
walls, sills, pilasters, lintels, cornices, awnings, window wells and steps, provided such
architectural features do not extend more than two feet into any required side setback, except
that eaves and gutters may extend 2.5 feet into any required side setback;
3. Terraces and patios, uncovered decks and stoops or similar features, provided that such
features do not extend above the height of the ground floor level of the principal structure nor
more than five feet into any required front or rear setback or two feet into any required side
setback;
4. Porches and covered entries in the R-5 district may project up to six feet into the front setback
area except where front setback utility easements prevent such projections; 5. Fire escapes
may be permitted in required side or rear setbacks only;
6. Wheelchair ramps may encroach into any required setback, but must not be located closer than
three feet from any property line;
7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs may be located
within a required setback. Street vision triangle requirements apply; and
8. Essential services Type I and Type II may be located within a required setback when they are
within a utility easement.
Figure 38.350.050.A. Example of permitted encroachments.
B. Zero lot line conditions. In districts where zero side 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 county clerk and recorder, a zero lot line concept
may be used for commercial or single-household dwelling unit developments. In residential districts
this may result in the creation of a two-household residential structure, only in districts permitting
such a structure, or the creation of townhouse clusters in districts permitting such structures. In all
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such cases in residential districts, a minimum eight-foot side setback must be maintained adjacent to
the exterior side, or nonzero lot line side, of the structure.
Figure 38.350.050.B. Zero lot line conditions.
C. Required setbacks from watercourses are set forth in section 38.410.100.
D. Height limitation exceptions.
1. Non-specific exemptions. No building, or part thereof, or structure must 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 division 38.250 of this chapter,
or as specifically authorized as an approved condition of a planned unit development. Such
approved conditions must include the recommendations of the city fire marshal.
2. Specific exemptions.
a. Height limitations do 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 four feet above the limiting height of the building except as
hereinafter provided: amateur radio antennae; solar energy collectors and equipment used
for the mounting or operation of such collectors; and building mounted horizontal and
vertical axis wind energy collectors under 15 feet in height from the building mounting
surface, and equipment used for the mounting or operation of such collectors.
b. Places of public assembly in churches, schools and other permitted public and semi-public
buildings may exceed height limitations otherwise established by this chapter, provided that:
(1) The portion of the building that exceeds the height limit must be limited to 10 percent
of the total building footprint; and
(2) That for each one foot by which the height of such building exceeds the maximum
height otherwise permitted in the district, its side and rear setbacks must be increased
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in width or depth by an additional one foot over the side and rear setbacks required in
the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from
height limitations otherwise established in this chapter, 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 chapter, provided that any structure above the height otherwise permitted in the
district must occupy no more than 25 percent of the area of the lot and must be at least 25
feet from every lot line.
e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter.
Sec. 38.350.060. -Fences, walls and hedges (38.23.140)
A. Location and height. Except as provided in section 38.400.100, 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 six feet in height in any required rear or required side setback. Fences exceeding
six feet in height must be subject to the minimum setback requirements of the district in which
such fences are located. Decorative post caps may exceed the height limit by no more than one
additional foot. Fences in excess of six feet in height require a building permit before installation
may commence. Fences may not exceed eight feet in height.
a. A gate may be provided which defines an entrance point. The gate may have a defining
structure so long as the defining structure is not more than one foot wide on either side of
the gate. Gate structure heights may not exceed twice the allowed fence height.
2. Do not exceed four feet in height in any required front setback or any portion of a required
corner side setback that is forward of the rear edge of the building façade nearest the corner
side setback. Decorative post caps may exceed the height limit by no more than one additional
foot.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety must be
excepted.
4. The height of fences located in the B-3 district must meet the requirements of this section for
any provided, not required, setbacks.
B. Relation to linear parks. Fences located in the rear or side setback of properties adjoining any city
linear park must have a maximum height of four feet.
C. Construction and maintenance. Every fence or wall must 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 must be maintained in a condition of reasonable repair
and must 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 must commence proper
proceedings for the abatement thereof.
D. Barbed wire and electric fences.
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1. No barbed wire or similar sharp fencing or electric fences is 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 must be posted with
warning signs at intervals not to exceed 150 feet where such fences are adjacent to public
rights-of-way.
E. Measuring fence and wall height. In case of a fence erected on top of a retaining wall, the height
must be measured from the grade of the high side of the wall.
F. "Finished" side out. Any fence or wall constructed so as to have only one elevation "finished," which
must be defined as not having its supporting members significantly visible, must be erected such that
the finished elevation of the fence is exposed to the adjacent property.
G. Fencing of utilities and outdoor storage areas.
1. All utility substations, wells, storage facilities or other utilities must be screened from view by a
wall, fence, hedge or landscape screen.
2. All storage for commercial operations must 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 six feet in height.
Figure 38.320.110 Fences.
Sec. 38.350.070. –Parking and garages for single to four-household residential uses (38.08.070)
A. Applicability. The following standards apply to all residential development, except multi-household
developments featuring more than four attached dwelling units.
B. General requirements.
1. Surface parking may be allowed within the front setback when located in front of a parking space
that meets setback provisions of division 38.320.
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2. Surface parking may be allowed in the rear setback.
3. See section 38.400.090 for drive access requirements.
C. Residential garage setback standards.
1. Individual garages are subject to setback standards in Tables 38.320.030-.040.
2. All garages facing the street must be at least four feet behind the front façade of the structure.
Garage entrances may also be tucked under the second floor to help meet this requirement.
D. Residential garage width standards.
1. Where a garage door or doors facing the street occupy more than ten feet of the façade’s
width, the total width of the garage door or doors must comprise no more than 50 percent of
the width of the ground level façade facing the street.
2. There is no restriction on the number of individual garage doors facing the street, only the
proportion of the façade associated with a garage door or doors exceeding ten feet in total
width.
E. Individual garages facing the street are not permitted in the B-3 district when an alley is adjacent to
the property.
38.360 Index of supplemental use criteria
Sec. 38.360.010. - Purpose. (38.22.010)
The purpose of this section is to further describe the standards and conditions under which certain uses
may be permitted as principal, special, or conditional uses in specific districts.
Sec. 38.360.020. - Applicability. (38.22.020)
All uses listed in this section are subject to the specific standards described for each use, in addition to
all other applicable standards.
Sec. 38.360.030. - Accessory buildings, uses and equipment. (38.21.050)
A. An accessory building is 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 horizontally and eight feet vertically.
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Figure 38.360.030.A. Accessory building example.
B. Accessory buildings, uses or equipment may not be stored or constructed between the front lot line
and required front building line.
C. Accessory buildings and garages may 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 may exceed the footprint of the principal building unless such accessory
building has been otherwise approved per this chapter.
F. Accessory buildings with less than five feet separation between walls or with any connecting
elements will be considered a single structure for determination of maximum size allowed.
G. Accessory building height and setback limitations in residential zoning districts:
1. Accessory buildings may not exceed the height of the principal building unless such accessory
building has been otherwise approved per this chapter; and2. From a height of 15 feet at the
minimum side and rear setback as set forth in division 38.320, buildings must step back at a 45
degree angle away from the side or rear property line as shown in figure 38.360.030.G below:
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Figure 38.360.030.G. Angled setback plane for accessory buildings along side setbacks.
Permitted setback plane encroachments:
a. Permitted horizontal encroachments include those elements and standards set forth in
section 38.350.050.A.
b. Permitted vertical encroachments include those elements and standards set forth in section
38.240.050.D.
H. Mechanical equipment screening.
1. Rooftop mechanical equipment must be screened. Screening must be incorporated into the roof
form when possible. The requirement for screening of rooftop mechanical equipment does not
apply to solar or wind energy collection devices.
2. Ground-mounted mechanical equipment must be screened from public rights-of-way with walls,
fencing or evergreen plant materials. Mechanical equipment may not encroach into required
setbacks.
I. Detached structures setback requirements.
1. Accessory structures less than or equal to 120 square feet in footprint may not be located in
any front, side, or corner-side setback and must maintain a minimum setback of three feet from
the property lines in the rear setback.
2. Accessory structures greater than 120 square feet but less than or equal to 600 square feet in
footprint may not be located in any front, side, or corner-side setback. The accessory structure
must be set back a minimum of either:
a. Six feet, or
b. When parking is provided between the structure and the rear property line, 20 feet except
when required parking spaces need a greater setback for back-up maneuverability.
See the following examples:
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Alley Right-of-
Way Width
Setback for Garage without
Stacked Parking
Setback for a Garage with Stacked
Parking Off of an Alley
30 feet 6 feet 20 feet
20 feet 6 feet 24 feet
16 feet 8 feet 28 feet
14 feet 10 feet 30 feet
3. Accessory structures greater than 600 square feet may not be located in any required front or
side setback, or in a rear setback when no alley is present. Adequate back-up maneuverability
for required parking spaces must be provided.
4. Accessory structures greater than 600 square feet may be located in required rear setbacks
when an alley is present and must provide adequate backup maneuverability for required parking
spaces.
Figure 38.360.030.I.1. Detached structure setback requirements.
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Figure 38.360.030.I.2. Garage setback requirements.
J. Structures may occupy no more than 40 percent of the area of the lot located to the rear of the
principal building.
Figure 38.360.030.J. Accessory structures are limited to a maximum of 40% of the lot area between the principal
building and the rear lot line.
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K. All structures located within the neighborhood conservation district require a certificate of
appropriateness unless exempted in division 38.340 of this article.
Sec. 38.360.040. - Accessory dwelling units (ADU). (38.22.030)
An owner or the owners of real property may establish and maintain a dwelling unit accessory to the
principal dwelling(s)in a residential zoning district if all the following conditions applicable to the district
and type of ADU are met and continue to be met during the life of the accessory dwelling unit:
A. Standards for all ADU’s:
1. Maximum size: In no case may an ADU be larger than 600 square feet or have 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 three feet in
height, stairwells, and exterior decks." Bedrooms, living rooms, kitchens, casework, interior
walls, hallways, closets, bathrooms, and any other living space must be included in the maximum
square footage calculation.
2. Number: Only one accessory dwelling unit may be created per lot.
3. Parking: In addition to the parking required for the principal residence, one paved off-street
parking space is required for the exclusive use of the ADU. The parking provided must be
located on the lot and may not utilize the on-street parking provisions of division 38.540 of this
chapter.
4. Occupancy: The occupancy of the ADU may not exceed two persons.
5. Garage conversions: Garages may not be converted for use as ADU’s unless all required parking
is otherwise provided before conversion. However, ADU‘s may be placed above garages except
where otherwise noted.
6. No deviations may be granted allowing the establishment of an ADU.
B. Standards for detached ADU’s:
1. Design. Detached ADU’s, including second story additions on detached garages may be
approved only if found compatible and consistent with the existing character and fabric of the
neighborhood. The Review Authority director must consider placement and size of windows,
decks, balconies, fencing, landscape screening, and height and massing of the structure to
minimize impacts to adjacent properties.
2. Any ADU created within an accessory building is subject to the limitations of section
38.360.030.
C. Supplemental ADU provisions for the R-S and R-1 districts:
1. Occupancy: The detached dwelling unit within which the ADU is located, or the ADU 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 section 38.270.080.B, as a condition of
approval.
2. Location: The accessory dwelling unit may be:
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a. A part of the principal dwelling unit, provided the ADU is clearly incidental to the principal
dwelling unit and meets all of the following criteria:
b. Lot area per Table 38.320.020 is provided.
c. The ADU does not exceed one-third of the total area of the principal structure.
d. If the entrance for the ADU is separate from the entrance of the principal structure, the
entrance must be on a façade different than that of the main entry.
3. No permit for an ADU will be granted unless the lot has been configured to accept an ADU
with adequate lot area, utility services, and compliance with setbacks and height standards.
D. Supplemental ADU provisions for the R-2, R-3, R-4, R-5, R-O, or REMU districts:
1. Location. The accessory dwelling unit may be:
a. Located in a detached structure on a lot with alley access; or
b. Located above a detached garage.
2. An accessory dwelling unit may not be approved on a reduced size lot created to meet the
minimum workforce housing requirements of chapter 38, division 380.
Sec. 38.360.050. - Adult businesses. (38.22.040)
A. In addition to the requirements for all development established in this chapter, the following
requirements apply to all adult businesses:
1. 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.
Sec. 38.360.060. - Alcohol sales for on-premises consumption. (38.22.050)
Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be
conducted on the same lot or premises where an adult business or the sale of auto retail fuel is
permitted.
Sec. 38.360.070. - Automobile repair and/or fuel sales. (38.22.060)
A. In addition to applicable project design standards in article 5 of this chapter and the requirements
for all convenience uses in section 38.360.100 and elsewhere in this chapter, the following
requirements apply to all service station and automobile uses as listed in this section. Compliance
with all criteria listed in this section does not necessarily guarantee approval by the city.
1. Gas pump and pump island canopies must be located not closer than ten feet to any side or rear
property line. Design of the canopy must architecturally match the design of the main building.
All canopies must be connected to the roof of the main structure unless otherwise approved.
All lighting must meet the lighting standards of this chapter. The maximum height of the canopy
must not exceed 18 feet. All signs must conform to the sign regulations of division 38.560 of this
chapter;
2. All on-site activities, except those normally performed at the fuel pumps, must be performed
within a completely enclosed building;
3. Where towing service is to be provided, a parking bay for the towing vehicle must 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
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each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening
requirements as parking lots;
4. All structures approved under these standards must be of a design character that is appropriate
to the area in which they are to be constructed. Color renderings of buildings must accompany
each application and construction must be in conformity thereto. Architectural detailing must be
consistent on all four sides of the building;
5. Parking space for each service stall in the station must be provided. Pump islands must not be
considered as service bays. Standing areas at pump islands and interior circulation areas must
not be used as parking areas in calculating required parking spaces;
6. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment is
permitted except as may be specifically allowed in that zone;
7. Automotive repair facilities.
a. All repairs or painting must be performed within a building;
b. No site plan will be approved which exposes unassembled vehicles, auto repair activities or
auto parts to any street or residential district;
c. Any facility must be designed to contain and minimize noise and odors; and
d. All facilities must have a water quality facility (oil/water separator) as part of the water quality
design for stormwater runoff, and must conform to section 38.410.080.
Sec. 38.360.080. - Community center. (38.22.210)
A. Within residential districts, there must be public street access onto an arterial or collector standard
street within 600 feet of the entrance to a community center site.
B. Community centers located within residential districts must, when any individual structure exceeds
5,000 square feet in gross floor area or exceeds the district's allowed maximum height, provide a 20
foot landscaped setback between the building and adjacent residential uses. A structure separated
from the adjacent residential uses by a parking lot, public street, watercourse, public open space, or
similar separation is exempt from the additional setback width requirement.
C. Each community center site with more than 40 parking spaces must provide a minimum of two
ingress/egress points which comply with section 38.400.090.
Sec. 38.360.090. - Condominiums. (38.22.090)
A. Unit ownership act. Condominium developments must comply with all provisions of the Unit
Ownership Act, MCA 70-23-101 et seq., and all regulations adopted to implement to Act.
B. Condominium association. A condominium association must be established for each condominium
development. The developer must prepare bylaws for the condominium association, as well as
covenants, conditions and restrictions for the condominium development, in compliance with
division 38.220 of this chapter. The bylaws, covenants, conditions and restrictions must be
submitted to the city for review and approval prior to the granting of plan approval or approval for
condominiumization of existing development.
C. Internal circulation in a condominium development must be designed in accordance with division
38.540 of this chapter, and must, when deemed necessary by the city engineer, comply with section
38.400.020.
D. Condominiums may be subject to chapter 38, division 380.
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Sec. 38.360.100. - Convenience uses and drive-through/drive-in restaurants. (38.22.100)
A. In addition to applicable building design standards in division 38.530 of this chapter, the following
supplemental architectural guidelines must apply:
1. All convenience uses must be designed with an architectural and design character that is
appropriate for and compatible with the area;
2. Standardized corporate identification themes integrated into the architectural design is
considered sign area and is subject to the requirements of division 38.560 Excessive use of such
themes may be grounds for denial of the project;
3. When located in shopping centers, the architectural character of the building must 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 design character that is appropriate for and compatible
with the area will be considered. All parking, circulation, drive aisles, setbacks and signage must
be integrated with the entire design theme of the project;
4. The elevation design of the building must provide design character and detailing on all four sides;
and
5. Screening of drive-through areas may be required to control glare affecting public right-of-way
or adjacent properties.
B. Noise from drive-through speakers must not be audible from adjacent residential districts.
Sec. 38.360.110. – Cottage housing subdivisions. (38.22.240 – Ordinance 1952)
A. Purpose and intent.
1. The purpose of this section is to achieve the goals and objectives of the Land Use and Housing
chapters of Bozeman’s growth policy and the goals of the Inclusionary Housing Ordinance,
division 38.380. Cottage housing enables higher density development by allowing smaller lots,
smaller home sizes, and clustered home sites, which are subject to design standards. This
housing development option encourages more efficient use of land and energy.
2. Cottage housing development regulations are designed to:
a. Provide opportunities for creative, diverse and high quality infill and greenfield development
compatible with existing neighborhoods;
b. Support development of diverse housing in accordance with the growth policy;
c. Increase the variety of housing types available within the community;
d. Support the creation of neighborhoods with a mix of housing opportunities for mixed
incomes; and
e. Provide opportunities for small, detached cottages within existing neighborhoods.
B. Goals.
1. Increase housing supply and the choice of housing styles available in the community as
encouraged by the growth policy;
2. Provide for development of housing that responds to changing demographics and smaller-sized
households;
3. Support the efficient use of land and higher density infill in developed areas;
4. Promote housing affordability and greater choice by encouraging smaller and more diverse
home sizes;
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5. Promote high-quality housing design to minimize impacts of more dense development on
adjacent properties;
6. Allow flexibility in site and design standards while promoting infill projects compatible with
existing single-household developments;
7. Ensure cottage housing contributes to the overall character of residential areas;
8. Provide for centrally located and functional common open space that fosters a sense of
community;
9. Provide for semi-private areas around individual cottages to enable diversity in landscape design
and foster a sense of ownership;
10. Minimize visual impacts of parking areas; and
11. Provide opportunities for creative, diverse and high quality developments compatible with
existing neighborhoods.
C. Affordable housing applicability. The requirements of division 38.380, unless specifically modified in
this article, apply to all cottage housing subdivisions regardless of the number of cottages proposed
to be included in the development. Notwithstanding the provisions of division 38.380, a cottage
housing subdivision must provide at least one lower-priced home, or three moderate-priced homes.
A cottage housing subdivision may have more affordable homes than the required minimum.
D. Cottage housing subdivisions.
1. Cottage housing developments involve the subdivision of a parcel of land, referred to herein as
the primary lot, into: a) dependent lots for individual dwellings; and b) a private common area
for the common use of the owners of the dependent lots.
2. The review procedures for cottage housing subdivisions are as follows:
a. For the creation of five or fewer lots, the provisions for approval of a first minor subdivision
apply;
b. For the creation of six or more lots, the provisions for approval of a major subdivision apply;
c. A cottage housing subdivision is exempt from subdivision review pursuant to 38.240.310 if;
(1) The primary lot was previously reviewed as part of a subdivision;
(2) All public street, water, sewer, and stormwater infrastructure (excluding individual
services to proposed lots and internal main extensions) is installed; and
(3) All park requirements applicable to the proposed density of dwellings have been
satisfied.
d. Cottage housing subdivisions meeting the requirements of 38.360.110.D.2.c must:
(1) Include notice to the public equal to that required for a site plan in Table 38.220.420;
and
(2) The subdivision application is subject to review for acceptability and adequacy pursuant
to 38.230.090.
3. Requirements and restrictions.
a. The development as a whole must meet the development standards of this chapter applicable
at the time the subdivision application is deemed adequate.
b. The primary lot must meet the size, length, width, frontage, and similar development
standards of this chapter.
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c. Homes on dependent lots do not need to meet the lot size, lot coverage, lot configuration,
or setback requirements (except watercourse and overlay district) in this chapter except as
shown in table 38.360.110.G-1. Private open space for each cottage must be provided on the
same lot as the cottage it serves and any structure must be within the boundary of the
dependent lot.
d. Lot subdivisions and subsequent platting actions, additions or modifications to the
structure(s) may not create or increase any nonconformity of the primary lot.
e. Notes on the conditions of approval page of the plat must include the restrictions applicable
to the dependent lots including but not limited to:
(1) The dependent lot is not a buildable lot independent of the primary lot and associated
cottage housing development;
(2) Additional development of the dependent lots may be limited as a result of the
application of development standards applicable to the primary lot;
(3) Any and all restrictions that apply to the common open areas; and
(4) Permitted cottage square footages.
f. A cottage housing subdivision may use the concurrent construction provisions of
38.270.030.D without the requirement of a planned unit development.
g. Reciprocal joint use and maintenance agreements, for each dependent lot within the primary
lot, must be executed for access, use and maintenance of common garage or parking areas,
common open area and other similar features, and recorded with the Gallatin County Clerk
and Recorder’s Office along with the final plat.
h. A cottage housing subdivision must include establishment of a property owner’s association
which meets the requirements of 38.220.310 and 38.220.320. The property owner’s
association must hold title to and maintain all common areas.
i. Separation or use of a dependent lot in a manner contrary to the approved cottage housing
subdivision is a material modification of the project and subject to 38.100.070.
j. If a subdivision exemption is used to create a cottage housing subdivision, installation of all
required water and sewer mains and services, parking areas, and similar features must be
completed and accepted by the city prior to recording of the subdivision exemption; or the
developer may enter into an improvements agreement to secure the same work.
k. The following modifications require compliance with 38.100.070:
(1) Increasing the number of cottages;
(2) Altering the character of the development by relocating common spaces, adding or
removing common buildings, or changing the design of more than 20 percent of the
cottages;
(3) Increasing the floor area in one building by more than 10 percent;
(4) Changing access points to the primary lot;
(5) Moving buildings around on the site;
(6) Reducing the area of common open spaces by more than two percent; or
(7) Diminishing the effectiveness of perimeter buffers.
E. Density standards.
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1. The following density standards apply to cottage housing subdivisions and replace those listed in
sections 38.320.020 and 38.320.030. A “cluster” refers to a group of cottages oriented toward a
common open area.
a. Up to two cottages may be built for each non-cottage single-household dwelling allowed
under the zoning applied to the property.
b. Existing single-household dwellings on the primary lot will count towards total units. If the
existing dwelling exceeds the maximum allowed gross floor area of a cottage it counts as two
cottages in determining maximum allowed density.
c. Minimum units per cottage cluster: four.
d. Maximum units per cottage cluster: 12.
e. Maximum units per cottage housing development: 24.
f. Cottage housing subdivisions must be spaced so that the total number of cottages within the
area defined by a 500-foot radius from the geographic center of a proposed cottage housing
subdivision is no more than 24. The number of cottages within a proposed development is
included in the total allowed within the defined area.
g. Accessory dwelling units are not allowed within a cottage development.
2. Existing dwellings. An existing detached single-household dwelling that is incorporated into a
cottage housing subdivision as a residence and which exceeds the standards of this section may
remain and will be counted as one or more of the allowed units. However, the extent of the
noncompliance may not be increased unless the proposed change is determined by the review
authority to be consistent in character, scale and design with the cottage housing development.
Repair, maintenance and reconstruction of a non-conforming dwelling are regulated by division
38.280. An existing dwelling may be replaced with cottage units consistent with this section.
F. Departures from the design standards in this section.
1. An applicant may request departures from the provisions of paragraphs G-I of this section.
Departures must be consistent with the purpose, intent and requirements of this section.
2. The applicant must describe each requested departure, and document in writing how the
departure is consistent with the purpose, intent and requirements of this section.
3. A departure must not exceed 10 percent of any numeric standard. A departure may not alter
procedural requirements. A departure may only apply to the application of standards internal to
the primary lot and not to standards applicable to the separation or interaction of cottage
housing to an adjacent parcel.
4. The review authority may approve a departure after documenting in writing that the departure
is consistent with the intent, purpose and requirements of this chapter; and do not threaten the
public health, safety, or welfare.
G. Design standards.
The cottage housing option minimizes the required sizes of side, rear, and front setbacks on
dependent lots. As a result, small lots are ultimately shaped by building configuration. Designers
should consider how the arrangement of interior space affects exterior massing and how the
configuration of building elements responds to adjacent buildings. Design strategies incorporating
neighborhood context include considerations of: building height transitions, arrangement of buildings
and open space, landscape elements, vehicular drive aisles and pedestrian paths, and architectural
details and scaling devices that break down the massing of the development. With reduced setback
requirements and small lot areas, providing access to air, light, and ventilation is more challenging
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than with typical single dwelling designs. Architects and builders must use the following design
standards to take full advantage of the unique design opportunities presented to them to create
livable environments.
These design standards:
1. Ensure that cottage designs are based on a coherent architectural concept;
2. Ensure that the overall sizes of cottages are smaller and cause less visual impact than standard
sized single-household dwellings;
3. Ensure that cottages contribute positively to the architectural character of the neighborhood;
4. Provide flexibility in design and contrast among individual cottages while assuring attention to
design features and character; and
5. Provide variety in cottage housing developments through a mixture of building sizes and
footprints.
The following table establishes specific performance standards for development of cottages and
cottage housing. All cottage development must be evaluated against the standards of this table.
Table 38.360.130.G-1
Standard Requirement
Minimum number of cottages with less than 1,000 square
feet gross floor area
25% of total cottages
Maximum number of cottage exceeding 1,200 square feet
gross floor area
25% of total cottages
Maximum gross floor area per cottage 1,500 square feet
Maximum cottage footprint 1,000 square feet (includes attached garages)
Maximum size of 2nd floor 100% of gross floor area of 1st floor
Minimum floor area per cottage
Minimum livability standards as defined by Chapter 3 of the
International Residential Code
Minimum common open space per cottage (See
subsection H below for more information)
400 square feet
Minimum private open space per cottage (See subsection
F.10 below for more information)
200 square feet
Maximum height for cottages 25 feet for two stories and 18 feet for single story cottages
Maximum dormer size
Dormers greater than 40% of sidewall width in aggregate will
be considered a floor
Setbacks (to exterior property lines of primary lot)
See 38.320.020 or 38.320.030 as applicable; except that
porches and steps may encroach up to five feet into a
required front setback
Maximum height for accessory structures and community
buildings
18 feet
Minimum distance between detached structures
(including accessory structures)
Seven feet with allowed eave protrusion into the required
distance of up to 18 inches
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Lot coverage
Allowed lot coverage within individual dependent lots –
100% so long as all other standards are met
Allowed lot coverage within primary lot – As otherwise
restricted in this section
6. Cottage size. Areas within a cottage which do not count toward the gross floor area or
footprint calculations:
a. Interior spaces with a finished ceiling height of six feet or less, such as in a second floor area
under the slope of the roof;
b. Unheated storage space located under the ground floor of the cottage;
c. Attached unenclosed porches;
d. Detached garages;
e. Carports; or
f. Architectural projections (i.e., bay windows, fireplaces or utility closets) no greater than 12
inches in depth and four feet in width.
7. Documentation of approved cottage size. The total approved square footage of a cottage must
not be increased from its approved size by more than two percent. A note must be placed on
the conditions of approval sheet of the final plat stating this limitation for each dependent lot
and noting the approved size of the cottage for that dependent lot.
8. Roofs. A gable, hipped, or other sloped roof form is required. Non-sloped roofs may be
considered as a departure. Dormers are allowed.
9. Orientation of cottages.
a. Each cottage must be oriented toward a common open space, and not less than 60 percent
of the units must abut the common open space;
b. Dependent lots in a cottage housing development are not required to abut a public street.
Lots not abutting a public street must provide legal and physical access from a public street
to the dependent lot.;
c. Each cottage abutting a public street (not including alleys) must have a secondary entrance,
porch, bay window, or other architectural enhancement oriented to the public street.
d. Cottages must be arranged around the common open space. The cottage’s main entries may
be either off the common open space or from the public street.
10. Private open space. The private open space required in Table 38.360.110.G-1 must be provided
contiguous to each cottage and be contained within the boundary of the dependent lot for the
exclusive use of the cottage residents. Orientation of private open spaces toward the common
open space is required unless applicant demonstrates that an alternative location provides a
superior outcome for both the individual cottage and cottage housing subdivision. The area of
an unenclosed porch may be included in the required private open space. Private open space
must have no dimension less than 10 feet.
11. Basements. Cottages may have basements. In areas where groundwater is determined to be at a
depth of less than nine feet no basement is allowed.
12. Cottages located facing a public street. Cottages located facing a public street must provide:
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a. A covered entry feature (with a minimum dimension of six feet by six feet) visible from the
street;
b. At least two architectural details visible from the street, such as:
(1) Decorative lighting;
(2) Decorative trim;
(3) Special door details;
(4) Trellis or decorative building element;
(5) Bay window; or
(6) Alternative design treatments, which may be considered by the review authority on a
case-by-case basis.
13. Character and diversity. Cottages and accessory buildings within a cluster must be designed
within the same family of architectural styles.
a. Examples of unifying architectural elements include:
(1) Similar building/roof form and pitch;
(2) Similar siding materials;
(3) Similar porch detailing; and
(4) Similar window trim.
b. Variety in building and site design. Cottage housing developments must avoid the repetitive
use of the same combination of building size, styles, features, and site design elements within
an entire cottage housing subdivision and between adjacent dwellings. Dwellings with the
same combination of features and treatments may not be located adjacent to each other.
c. Porches. Porches must create a visual and physical connectivity to the common open space
and to other cottages. Cottage porches must:
(1) Be unenclosed, covered;
(2) Surround or enclose the primary entrance to the cottage;
(3) Be oriented toward a common open space or a public street; and
(4) Have at least 80 square feet in area with no horizontal dimension shorter than six feet.
d. Façade transparency. Transparent windows and/or doors are required on the façades of
cottages facing a street and common open space. The area of the windows and doors must
be at least 10 percent of the area of the façade on which they are located.
14. Fence design standards. The standards of this paragraph are in addition to the standards of
38.350.060.
a. Fencing and screening. The intent of internal decorative fencing and screening is to delineate
private yards and to screen parking structures, community assets and cottage walls. A
cottage housing development must internally be an open community sharing common areas;
b. Decorative fencing may be used for delineating private yards;
c. Fencing or shrubbery may be used to screen parking areas, community assets, and cottage
walls;
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d. Dependent lot fencing and shrubbery may not exceed 36 inches in height, except directly
adjacent to a parking area.
H. Community assets.
1. Common open space. Setbacks and common areas serve a dual function, and therefore deserve
particular attention. They act both as habitable outdoor space for owners and as shared areas
within the proposed development and the neighborhood. The setback is a visual amenity to the
development, neighborhood, and passers-by. Additionally, it serves as a semi-transparent bridge
between the private interior of the home and common areas. Landscaping should be visually
interesting, sustainable, and relatively easy to maintain.
The minimum common open space requirements set forth in this section are intended to
provide a sense of openness, visual relief, and community. Common open spaces provide many
of the functions of required rear and front setbacks in sections 38.320.020 and 38.320.030.
Common open space must provide a centrally located, focal area for the cottage housing
subdivision.
a. The total common open space must be at least 1,600 square feet, regardless of the number
of units in the cluster;
b. The required common open space may be divided into no more than two separate areas per
cluster;
c. To be included as part of the common open space requirement, a common area must have
minimum dimensions of 20 feet on all sides;
d. At least two sides of each common open space must have cottages along the perimeter;
e. Common open space must comply with the term’s definition in section 38.700.040.
However, the building footprints of community buildings, excluding garages, are counted
towards the common open space requirements.
f. Landscaping requirements:
(1) All common open spaces must have landscaping as defined in 38.700.110 except those
portions developed for play structures, common structures, gardens or similar uses.
(2) All cottage housing developments must be designed to have a minimum of 160 square
feet of tree canopy cover per dwelling at maturity of the species selected for the
landscaping.
(3) The provisions of 38.550.060 do not apply to cottage housing subdivisions.
2. Community buildings.
a. Community buildings are permitted in cottage housing developments.
b. Community buildings must be clearly incidental in use and size to cottages.
c. Design must be similar to and compatible with the design of the cottages.
d. Other shared facilities could include tool sheds, gazebos, workshops, or similar common
elements.
3. Storage.
a. Storage closets for each cottage may be included as part of community buildings or added to
garages.
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b. Storage for gardening supplies or similar shared items may be included as part of a
community building.
I. Access and parking.
1. Purpose. The intent of these access and parking standards is to minimize the visual impact of
vehicles and parking areas for residents of the cottage housing development and adjacent
properties and to provide for adequate off-street parking for cottage housing.
2. Off-Street parking.
a. No off-street parking space is required to be enclosed.
b. Garages may not exceed 125 percent of the minimum width or area required by Table
38.540.020 for a single vehicle.
c. Guest parking may be clustered with resident parking. Guest parking must be clearly
identified as reserved for visitors.
d. At least one stall of each parking type must meet the accessibility standards of the building
code.
e. Enclosed garages may not be located on the façade of the cottage with the primary entrance.
Carports or unenclosed parking adjacent to a cottage may be on the façade with the primary
entrance.
3. Parking design. The intent of these parking design standards is to create unobtrusive parking, by
screening parking structures and spaces from surrounding properties, including screening by
architectural design and/or vegetation, and by minimizing the number of contiguous parking
spaces.
a. Shared detached garage structures may not exceed four garage doors per building and a total
footprint of 1,200 square feet.
b. Parking must be separated from the common open space, adjacent properties, and public
streets by landscaping and/or architectural screening. Solid board fencing is not allowed as an
architectural screen. Exception: One parking structure may be adjacent to the common open
area, if the garage includes architectural features to make it look consistent with the cottages
and community buildings.
c. Parking, including garages, must be set back a minimum of 20 feet from a public street.
d. The parking layout must be designed to minimize walking distance to cottages.
e. A sloped roof is required for all parking structures.
f. The design of garages and carports, including roof lines, must be similar to and compatible
with that of the cottages within the cottage housing development.
g. Parking may be located between or adjacent to cottages or common garages, if it is located
toward the rear of the structure and is served by an alley or driveway.
h. Parking stalls, circulation areas, and related spaces must comply with division 38.540. If there
is a conflict between division 38.540 and this paragraph, the provisions of this paragraph
apply.
4. Walkways.
a. A system of interior paved walkways must connect all cottages with each other, the parking
area, and the sidewalks abutting any public streets bordering the cottage housing
development.
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b. Interior walkways must be a minimum of five feet and a maximum of eight feet in width.
Sec. 38.360.120. - Essential services. (38.22.230)
A. In recognition of Section 69-4-201, MCA, city ordinances cannot conflict with the National Electric
Safety Code (NESC).
B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and tariffs for public
utilities in the public service commission, the city does not determine the costs charged to
customers for services.
C. Essential services of Types I, II, or III operable prior to September 3, 1991, must be considered to
have developed under an approved plan, and must be reviewed under section 38.230.160. Reuse,
change in use or further development of sites developed prior to September 10, 2014 (Ordinance
No. 1893).
Sec. 38.360.130. - Group living. (38.22.105)
A. Applicability. All group living uses (as defined in section 38.700.080) 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 38.100.040.
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, R4, R-5 and R-O 602
RS
10,890 unless
otherwise approved through a planned unit development
R1 and RMH 1250
R-2 and R-3 750
C. On-site service and facilities. In any R district other than REMU, 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.
E. On-site open space for group living uses is required per section 38.520.060.
Sec. 38.360.140. - Home-based businesses. (38.22.110)
A. 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 authorized are not subject to the requirements of this section.
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B. Home-based business as accessory use.
1. The use must be clearly incidental and secondary to the use of the dwelling for residential
purposes and must 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 must not be
conducted in an accessory structure, and must comply with the standards of subsection C of
this section.
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 division 38.560 of this chapter. The standards for home-based
businesses included in this section are intended to ensure 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 must be conducted by resident occupants in their residence with
not more than one on-premises halftime nonresident employee;
b. No more than 25 percent of the gross area of all structures may be used for such purpose;
c. No use may 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;
d. No home-based business may cause an increase in the use of any one or more utilities
(water, sewer, garbage, etc.) 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 must 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 where 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 such person's home, must
acknowledge by signature such person's understanding of the requirements and conditions of
this chapter.
C. Home-based business as conditional use.
1. Purpose. The use must be secondary to the use of the lot for residential purposes and must 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 must
comply with the standards of subsection C.3 of this section.
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2. Conditional use. It is the intent of this section to provide, through the conditional use process
established in division 38.230 of this chapter, 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 chapter 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 ensure 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 section 38.230.010, 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 business as listed in this section.
3. 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 must be conducted by resident occupants with not more than one
on-premises halftime nonresident employee;
b. No more than 30 percent of the gross area of all structures may be used for such purpose;
c. No use may 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;
d. No home based business may cause an increase in the use of any one or more utilities
operated by the city so that the combined total use for dwelling and home-based business
purposes exceeds the average for residences in the neighborhood;
e. There may be no outside storage of any kind related to the home-based business;
f. No use may 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 chapter;
g. Home-based businesses by conditional use permit may only be allowed on lots occupied by
single-household detached dwellings;
h. Such conditional use must be subject to all conditions set forth in this chapter, except the
provisions of section 38.550.060, Landscape Performance Standards; and
i. All permits required by the city, including, but not limited to, building permits and business
licenses, must be received prior to establishing the home-based business.
4. Home-based business allowed through a conditional use permit. Any individual seeking to
operate a home-based business greater in scope than that allowed by an accessory home-based
business, must make application for a conditional use permit under the terms of division 38.230
of this chapter. The community development director must determine if a home-based business
requires a conditional use permit.
D. Complaints. Complaints by citizens of the city may be cause for termination of the home-based
business. Final administrative actions in relation to complaints are subject to appeal per article 2 of
this chapter.
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E. Prohibited uses. The following uses are not permitted as home-based businesses: adult businesses;
auto repair, minor or major; carpentry work; dance instruction; dental offices; medical offices;
medical marijuana not meeting the exclusion in section 38.360.170.A.3; 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 community development director's action
relating to a home-based business as provided for by article 2 of this chapter.
Sec. 38.360.150. - Large-scale retail, size limitations and design and site development guidelines
and requirements. (38.22.180)
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 ensure 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.
2. These standards are also intended to supplement applicable project design standards of article 5
of this chapter and be used as guidelines for evaluating the quality and design of proposed large
scale retail developments. The particulars of any large scale retail development will be evaluated
against their respective standards contained in this division 38.360. It is expected that the quality
and design of large scale retail developments, while not necessarily complying with the exact
standards of this division, will meet or exceed the intent behind these standards.
3. Applicability. All uses listed in this division 38.360 must comply with the specific standards
described for each use, in addition to all other applicable standards which may apply.
B. Design and site development guidelines for certain retail developments.
1. Retail development consisting of a single-tenant building greater than 40,000 square feet must
comply with the design and site development criteria and development standards contained in
subsections B.2 and 3 of this section. These guidelines must be applied as part of the review and
approval process for use permits and detailed applications. If there is any conflict between the
project design standards in article 5 of this chapter and the guidelines herein, the more
restrictive provision must apply. The guidelines in this section must 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.
2. Design criteria and development standards. In addition to all other applicable review procedures
and design criteria, all development governed by this section must exceed the site, building, and
landscaping design standards of divisions 38.520-530 and 550, regardless of location or zoning
district. Said design standards must 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 review authority must determine whether established design standards have
been exceeded based on a recommendation from the design review board.
3. Adaptability for reuse/compartmentalization. The building design must 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 design must also allow for:
a. The interior subdivision of the structure into separate tenancies;
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b. Façades that readily adapt to multiple entrances and adapt to entrances on all but one side of
the building;
c. Parking lot schemes that are shared by establishments or are linked by safe and functional
pedestrian connections;
d. Landscaping schemes that complement the multiple entrance design; and
e. Other elements of design which facilitate the multi-tenant reuse of the building and site.
4. Appeals. Appeals may be taken as provided for in division 38.250 of this chapter.
C. Additional criteria and site development guidelines for certain retail developments.
1. Applications for large scale retail development must 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 review authority finds that:
a. The plan conforms to the city's growth policy and the requirements of this chapter 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 an 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 chapter and offering recourse to the city if the redevelopment is not
completed as determined by the city.
Sec. 38.360.160. - Manufactured homes on individual lots. (38.22.130)
A. Intent. It is the intent of this section to allow manufactured homes, as defined in section 38.700.120
of this chapter, 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 ensure
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. Application, material to be supplied. One copy of the application for the proposed manufactured
home on the individual building lot must be submitted to the Building Department in conjunction
with the application for a building permit for the building foundation. The application must include all
information deemed necessary by the community development director to make determinations as
to conformity with subsection C of this section, and it must include a minimum of color
photographs of all sides of the manufactured home; the nearest existing residences or other grounds
or buildings on each side of the proposed site; existing residences or grounds fronting upon the
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same street as the proposed site and opposite thereto, and those within 150 feet of each corner of
the proposed site. As a minimum requirement, it must 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 must be used in determinations of acceptable similarity in appearance and
construction between manufactured homes with permanent foundations and residences constructed
near the site to ensure 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. The roofing material must be shake, tile, composition shingle, or other materials commonly
found on conventionally built homes in the surrounding areas.
2. The exterior covering material must be similar or closely compatible to that found on
conventionally built residential structures in the surrounding area. Reflection from such exterior
must not be greater than from siding coated with clean, white, glossy, exterior enamel.
3. The exterior covering material must extend below the top of the foundation.
4. A solid concrete or masonry perimeter foundation must be used.
5. The exterior covering and roofing materials of additions or accessory buildings must be
compatible with the materials on the manufactured home.
6. The manufactured home must 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.
7. Manufactured homes may 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.
Sec. 38.360.170. - Medical marijuana. (38.22.220)
A. Any activity involving medical marijuana must meet all requirements of state law including, but not
limited to, the standards of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101 et seq.),
and limits on possession, clean air, etc., and any applicable administrative rules established by the
state. Should such rules or laws change, any medical marijuana facility must immediately begin any
required process to come into compliance with the new rules. This includes submittal for review of
applications to the city as they may relate to zoning, business licensing, or other municipal programs.
Compliance with city zoning regulations does not shield any person, corporation, or other legal
entity from the requirements of, or enforcement by, other governing entities, or from civil liabilities.
1. Unless specifically exempted, any person or existing or proposed entity intending to conduct
activities which meet the definitions of "agriculture," "manufacturing," "office" or "retail" as
established in division 38.700 of this chapter which is for the purpose of growing, processing,
distribution, and/or any other activity related to medical marijuana must, in addition to this
section, comply with all other provisions of this Code, and must not be located within 1,000
linear feet of the exterior property line of:
a. All schools or facilities owned or operated by Bozeman School District 7 whether located
inside or outside the city limits; or
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b. All private schools, not including home schools, whether located inside or outside the city
limits, which provide instruction in the class range from kindergarten to 12th grade and
which are either subject to MCA 20-5-109, or listed as a kindergarten provider by the county
superintendent of schools.
c. For purposes of this section, specified distances will be measured in a straight line, without
regard to intervening structures from the property line of a school as stated in subsections
1a and b of this section, regardless of whether those schools are located within the
jurisdictional limits of the city, to the property line of the business providing medical
marijuana.
2. Any activities meeting the definitions of "agriculture," "manufacturing," "office" or "retail" as
established in article 7 of this chapter which is for the purpose of growing, processing,
distribution, and/or any other activity related to medical marijuana may not be located in the R-
4 and R-5 districts, or on properties adjacent to Main Street within the core area of the B-3
district as defined in section 38.300.120.A.3.
3. The requirements of subsections 1 and 2 of this section do not apply to:
a. An individual registered qualifying patient who possesses marijuana in accordance with the
limits and requirements of title 50, chapter 46, Montana Code Annotated (MCA 50-46-101
et seq.) solely for that qualifying patient's own use; or
b. To a caregiver providing care to not more than two qualifying patients who reside within the
same dwelling as the caregiver. The caregiver and qualifying patients must maintain
appropriate state agency qualification at all times when medical marijuana is present.
4. Establishing a medical marijuana facility may result in a change in the designation of building code
occupancy type. A change in use or occupancy type may require physical modifications to the
structure, which must be approved by the building division prior to any construction as required
by section 38.200.100.
5. Air discharge control. Any medical marijuana growing or processing operation that contains 24
or more marijuana plants at any one time must provide a forced air vent discharge point that is:
a. Located no closer than 30 feet from an adjacent property line or a residence; or
b. Provides a mechanical filtration system to control discharges of particulates and odors. The
ventilation filtration system must be designed by a mechanical engineer licensed to practice in
the state such that odors and particulates may not be detected by unaided human
observation at the property boundary, and noise produced by the system must be controlled
and minimized.
6. Any person making application for a zoning approval for a medical marijuana business must
provide evidence of DPHHS approval as a caregiver at the time of application and must maintain
such DPHHS approval at all times. Failure to maintain approval immediately suspends zoning
approval to operate a medical marijuana business in the city.
7. These regulations are for review of applications to the city and do not restrict property owners’
from establishing more stringent standards for their properties.
Sec. 38.360.180. - Mini warehouses. (38.22.140)
A. Minimum site size must be one acre.
B. On-site circulation, drives and parking.
1. Each mini warehouse site must provide a minimum of two exits;
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2. All one-way drive aisles must provide for one ten-foot parking lane and one 12-foot travel lane.
Traffic direction and parking must be designated by signing or painting;
3. All two-way drive aisles must provide for one ten-foot parking lane and two ten-foot travel
lanes; and
4. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
Figure 38.360.180. Mini warehouses.
Sec. 38.360.190. - Outdoor sales and display. (38.22.150)
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 must not constitute a greater number of square feet than ten 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 must not exceed 50 percent of the total lot area.
B. Outdoor sales and display areas must not be located in any required setback and are also subject to
section 38.320.110.
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Figure 38.360.190. Outdoor sales and display.
Sec. 38.360.200. - Recreational vehicle park and overnight campground. (38.22.170)
A. Recreational vehicle parks and overnight campgrounds are included in the state classification of land
subdivisions by rent or lease. Therefore, applicants for such developments must apply for and be
reviewed under both site plan and subdivision procedures unless exempted by section 38.240.130.
1. Recreational vehicle parks must be screened from view of any adjacent residential development.
2. Internal circulation roads must be paved with a concrete or asphaltic concrete surface.
3. Individual recreational vehicle parking pads must be plainly marked and maintained with a dust
free surface.
4. Individual recreational vehicle parking pads must be set back at least 30 feet from the perimeter
of the park and 30 feet from any public street right-of-way.
5. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped,
must be provided for use of overnight campers.
6. Recreational vehicle spaces must be separated by no less than 15 feet and must be no less than
1,500 square feet in area.
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Figure 38.360.200. Recreational vehicle park and overnight campground.
Sec. 38.360.210. – Single, two-, and three-household dwellings. (38.08.070 and new)
A. Purpose.
1. To enhance the character of the street.
2. To maintain “eyes on the street” for safety to pedestrians and to create a more welcoming and
interesting streetscape.
3. To de-emphasize garages and drive aisles as major visual elements along the street.
4. To provide usable setback space for residents.
B. Entries.
1. Clear and obvious pedestrian access between the sidewalk and the building entry is required for
new dwellings (the driveway may be used to help meet this requirement).
2. All new dwellings must provide a covered pedestrian entry with minimum weather protection of
three feet by three feet.
C. Residential garages. (38.08.070)
1. Where lots abut an alley, it may be necessary to take access from alley to meet another
standard in the municipal code.
2. See section 38.350.070 for garage location and design standards.
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D. Driveway access standards – see section 38.400.090.
E. Minimum useable open space for alley-loaded lots. All new alley-loaded dwelling units must provide
a contiguous open space within the side or rear yard with a minimum dimension of 15 feet on all
sides. The open space(s) must be equivalent to 10 percent (minimum) of the lot size (excluding area
within an adjacent alley or right-of-way). For example, a 6,000 square foot lot would require a
contiguous open space of at least 600 square feet, or 20 feet by 30 feet in area. Drive aisles do not
count in the calculations for usable open space. Additions must not create or increase any non-
conformity with this standard.
Figure 38.360.210.E. Examples of how to meet open space requirements for alley-loaded lots.
Sec. 38.360.220. - Stable, commercial. (38.22.190)
A. The minimum property size must be ten acres.
B. Structures or facilities used for stabling, storing, showing or training of animals must 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 100-foot setback
area, subject to the setback requirements of the applicable zoning district.
C. There must be at least a 20-foot setback adjacent to any street.
D. Shows or other activities which would generate more traffic than is normal to a residential area are
prohibited, unless the proposed site has direct access from an arterial street as set forth in the city
growth policy. Permission for such shows and activities must be obtained from the city. Notification
must be provided in a letter that explains the nature and duration of the activity, and
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accommodations for spectators, traffic control and additional parking for cars and trailers. This
letter must be submitted to the community development department at least one month prior to
the date of the show or activity.
E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of four
feet six inches in height. The design of these enclosures must be shown on drawings submitted with
the conditional use permit application.
F. All laws applicable to 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 must be treated for dust control.
H. Adequate parking for daily activities must be shown on the site plan and improved to city parking
standards. Additional parking must be provided for shows or other special events. Amounts and
required improvements to temporary parking must be determined through a special temporary use
permit if such temporary parking was not shown and approved through the original approval.
Figure 38.360.220. Stable, commercial.
Sec. 38.360.230. - Tennis and racquet club. (38.22.200)
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 must not exceed 16 feet in
height, and fencing may be required to be opaque by the review authority.
C. When the club is located within a residential zoning district, shows, tournaments or other activity
which would generate more traffic than is normal to a residential area are prohibited, unless access
is provided from an arterial street as set forth in the city's long range transportation plan. If access is
not provided from an arterial street, permission for such shows and activities must be obtained
from the city through the special temporary use process.
D. There must be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as
otherwise determined by the ADR or DRB.
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E. Hours of operation may be controlled by the review authority.
Sec. 38.360.240. – Townhouse and rowhouse dwellings.
A. Purpose.
1. To enhance the character of the street.
2. To maintain “eyes on the street” for safety to pedestrians and to create a more welcoming and
interesting streetscape.
3. To de-emphasize garages and drive aisles as major visual elements along the street.
4. To provide usable open space for residents.5. To reduce the apparent bulk and scale of large
townhouse/rowhouse buildings.
6. To promote architectural variety that adds visual interest to the neighborhood.
B. Parking and garage access.
1. Setbacks. See division 38.320 for minimum building and garage setbacks for the applicable
district.
2. For buildings with less than five attached units, see section 38.350.050 for parking and garage
standards.
3. Buildings with five or more attached units are subject to the landscaped block frontage
standards as set forth in section 38.510.030.C. This includes standards for entrances, façade
transparency, weather protection, parking, landscaping, and sidewalk widths.
4. Individual garages facing the street are not allowed in the B-3 district when an alley is adjacent to
the property.
5. See section 38.400.090.C. for driveway standards.
C. For rowhouses where the primary pedestrian access to the dwelling is from an alley or private
internal vehicular access, buildings must emphasize individual pedestrian entrances over individual
garages by using both of the following measures:
1. Enhance entries with a trellis, small porch, or other architectural feature that provides cover for
a person entering the unit and a transitional space between outside and inside the dwelling.
2. Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with
no dimension less than four feet.
Alternative designs will be considered, provided they meet the intent of the standards.
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Figure 38.360.240.C. Good and bad examples of garage/entry configurations. The left example features a
landscaped area and a trellis to highlight the entry. In the middle image, the balconies and landscaped areas
deemphasize the garage. In the right image, the lack of landscaping near the entries would not be allowed (where
this is the primary pedestrian entry to the unit).
D. Internal drive aisle standards:
1. Must meet minimum widths of any city adopted International Fire Code.
2. Minimum building separation along uncovered internal drive aisles must be 24 feet. The purpose
is to provide adequate vehicular turning radius, allow for landscaping elements on at least one
side, and to provide adequate light and air on both sides of the dwelling units and drive aisles,
which often function as usable open space for residents.
3. Upper level building projections over drive aisles are limited to three feet, and must comply with
provisions in subsection D.2 of this section.
E. Usable open space. Townhouse and rowhouse dwellings must provide open space at least equal to
ten percent of the building living space, not counting automobile storage. The required open space
may be provided bin one or more of the following ways:
1. Usable private open space directly adjacent and accessible to dwelling units. Such space must
have minimum dimensions of at least 12 feet on all sides and be configured to accommodate
human activity such as outdoor eating, gardening, toddler play, etc. Front setbacks may be used
to meet this standard, provided they are defined with a fence meeting the standards of section
38.320.110.
2. Balconies, roof decks and/or front porches.
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Figure 38.360.240.E.2.a. Usable open space examples for townhouses/rowhouses.
The lower left plan includes usable open space
in the front yard. The middle play includes an
upper level deck the full width of the unit. The
upper right example uses a balcony that’s placed
over the garage driveway.
Figure 38.360.240.E.2.b. Usable open space examples for townhouses/rowhouses.
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F. Building design.
1. Townhouse/rowhouse articulation. Townhouse and rowhouse buildings must comply with
residential building articulation standards as set forth in section 38.530.040.C except that the
articulation intervals must be no wider than the width of units in the building. Thus, if individual
units are 15 feet wide, the building must include at least three articulation features for all façades
facing a street, common or other shared open space, and common parking areas at intervals no
greater than 15 feet.
2. Repetition with variety. [see figures 38.360.240.F.1 and 2] Townhouse and rowhouse
developments must employ one or more of the following “repetition with variety” guidelines:
a. Reversing the elevation of two out of four dwellings.
b. Providing different building elevations by changing the roofline, articulation, windows, and/or
building modulation patterns.
c. Adding a different dwelling design or different scale of the same design, such as adding a one-
story version of the basic dwelling design where two-stories are typical (or a two-story
design where three stories are typical).
d. Other design treatments that add variety or provide special visual interest. While the
variable use of color on buildings can be effective in reducing the perceived scale of the
building and adding visual interest, color changes alone are not sufficient to meet the intent of
the standards.
Figure 38.360.240.F.1. Acceptable townhouse configuration employing the repetition with variety concept.
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Figure 38.360.240.F.2. Acceptable townhouse/rowhouse buildings integrating the “repetition with
variety” guidelines. The internal units in the left image each have distinct, but identical windows and roof
forms. The outside unit is differentiated through the use of building materials, window design, unit size,
and façade detailing. The internal and external units in the right example include reverse elevations.
Sec. 38.360.250. – Short Term Rentals (38.22.250)
A. Purpose and intent. The purpose of this article is to provide for the regulation of short
term rentals in certain zoning districts within the city in order to preserve neighborhood
character while encouraging economic activity and diversity, and to promote public health,
safety, and welfare.
B. Applicability.
1. The provisions of this article apply only to short term rentals as defined herein.
2. This article does not apply to any rental of a dwelling unit which is governed and
defined by The Montana Residential Landlord and Tenant Act of 1977 (Landlord
Tenant Act). This article applies only to transient occupancy of a short term rental
as defined herein.
3. A lower-priced or moderate-priced home subject to and defined by chapter 38,
article 43, or a dwelling that received financial support from the city, including but
not limited to down payment assistance, impact fee payment, or other financial
subsidy, may not be used as a short term rental until such time as the lien
instrument against the property in favor of the city securing the amount of such
subsidy has been released and the release recorded with the Gallatin County Clerk
and Recorder’s Office.
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C. Definitions.
For purposes of this article, the following definitions apply:
1. Hosting platform means a person or entity that provides a means through which an owner
may advertise and offer for rent a short term rental to the general public.
2. Owner includes any part owner, joint owner, tenant in common, joint tenant, tenant by the
entirety, or lessee with exclusive possession under a valid long-term lease or rental
agreement.
3. Owner-occupied means the owner occupies the dwelling as his or her principal residence
for more than 50% of the calendar year.
4. Operation of or operating a short term rental means the short term rental has been rented
by or on behalf of the owner to the general public for compensation for transient
occupancy. “Operation of” or “operating” a short term rental does not include mere
advertisement of or offering to rent short term rental(s).
5. Responsible person means the person responsible for addressing all maintenance, nuisance,
and safety concerns related to a short term rental.
6. Short term rental is defined in article 42 of this chapter.
7. Transient occupancy of a short term rental means occupancy which has the following
characteristics:
a. The period of occupancy is less than 28 consecutive days, and
b. The renter has a principal residence other than the short term rental, and
c. The short term rental is furnished with personal property necessary to make the unit
ready for immediate occupancy by the renter.
A. Short term rental classifications.
Short terms rentals are classified as:
a. Type-1: A short term rental of one or more bedrooms in an owner-occupied dwelling
while the owner is occupying the same dwelling unit for the entire rental period.
b. Type-2:
(1) A short term rental of an owner-occupied dwelling if the owner is not occupying
the dwelling during the entire rental period.
(2) A short term rental of a permitted accessory dwelling unit (ADU) whether or not
the ADU’s owner is present in the primary dwelling unit during the rental period.
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(3) A short term rental of one dwelling unit within a duplex whether or not the
duplex’s owner is present in the duplex’s other dwelling unit during the rental
period.
c. Type-3: A short term rental that is not owner-occupied.
E. Where allowed. An owner may operate a short term rental in all zoning districts where such
use is authorized in Chapter 38, articles 8-11 and 14 subject to the requirements of this article.
F. Compliance with laws.
1. In addition to the provisions of this article, the short term rental owner must comply with
all other applicable local, state and federal laws, including but not limited to city parking
regulations, including time limitations and ADA parking restrictions; lodging facility use tax
and accommodations sales tax regulations; health department permitting requirements; the
Americans with Disabilities Act; fair housing laws; building codes and fire codes, and the
nondiscrimination provisions in chapter 24, article 10. Loss of any required permit or
license will result in revocation of the short term rental registration in accordance with
subsection J of this section.
2. Compliance with all applicable laws and regulations is the sole responsibility of the owner
and city approval of an application for short term rental registration in no way waives or
transfers to the city such responsibility. In addition, the owner is solely responsible for
verifying the use of a property as a short term rental is compatible with insurance and
mortgage contracts, home owners’ association covenants, rental agreements and any other
contracts which govern the use of the property.
G. Administration. The director will collect all registration fees and will issue registrations and
renewals thereof in the name of the city to all persons qualified under the provisions of this
article and has the power to:
1. Make rules. The director will promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this article. All rules are subject to city
commission review and modification.
2. Adopt forms. The director will adopt all forms and prescribe the information to be given
therein.
3. Obtain approvals. The director will submit all applications to interested city officials for their
approval as to compliance by the applicant with all city regulations which they have the duty
of enforcing.
4. Investigate. The director will investigate and determine the eligibility of any applicant for a
short term rental registration as prescribed herein.
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5. Examine records. The director may examine the books and records of any applicant when
reasonably necessary to the administration and enforcement of this article.
6. Give notice. The director shall notify any applicant of the acceptance or rejection of the
application and will, upon the director’s refusal of any registration, at the applicant's request,
state in writing the reasons therefor and deliver them to the applicant.
7. Record keeping. The director will maintain at all times a record of registered short term
rentals, including the full name of each registrant, the address at which such short term
rental is operated, the date of issuance, the fee paid therefor, the telephone and address of
the applicant, and the time such registration will continue in force.
H. Registration. The following requirements apply to all short term rentals unless otherwise noted.
1. General. It is unlawful for any person to operate within the city a short term rental without
having first registered the short term rental with the Department of Community
Development. A separate registration shall be required for each short term rental.
2. Application; submittal materials. The applicant must complete and submit an application for
a short term rental registration to the Department of Community Development using a
form provided by the city. The form will include an acknowledgement and agreement the
short term rental meets and will continue to meet the definition of short term rental
classification (Type-1, Type-2, or Type-3) during the registration term. Before the
application will be accepted by the director, the applicant must provide:
a. The name, telephone number, address, and email address of all property owners and of
the responsible person, if different. If the property owner is a business, the name(s) and
contact information of all business owners must be provided.
b. The Montana Department of Revenue tax registration number for the short term rental.
c. A sketch plan with a description of the short term rental, including street address,
number of bedrooms, and number of off-street parking spaces available for guests’ use.
d. Certification the short term rental meets and will continue to meet the definition of
short term rental classification (Type-1, Type-2, or Type-3) during the registration term.
e. For Type-2 and Type-3 short term rentals, certification the applicant has read and
understood the standards in subsection I of this section and the property applied for
meets the standards.
f. For Type-2 short term rentals in residential zoning districts, certification that residents
adjacent to the proposed short term rental have been provided written notice in
accordance with subsection 6 of this section.
g. The registration fee and fire inspection fee.
3. Safety inspections.
a. Initial inspection. Prior to issuance of a short term rental registration, an inspection by
the city fire department must be completed and signed off by a city fire inspector, or by
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an NFPA-certified fire inspector using an inspection form approved by the city fire
marshal. A fire inspection checklist form will be provided to the applicant with the
application materials. If a short term rental registration lapses for any period of time,
upon reapplication for registration an inspection must be completed and signed off as
described in this subsection before the short term rental registration will issue.
b. Re-inspection. If re-inspection or multiple visits by a fire inspector are required before
the inspection form may be signed, additional inspection fees will apply.
c. Subsequent inspections; self-certification. The city fire marshal may require a repeat
inspection on a periodic basis, and at any time upon complaint or evidence of non-
compliance. Applications for annual renewal of registration will include a self-
certification by the applicant that they continue to comply with the fire inspection
checklist. By applying for renewal of registration, the applicant will acknowledge and
agree that the city may randomly select a certain percentage, not to exceed 10%, of the
renewal applications for a full inspection as described in subsection (a). If selected, the
registration renewal will be conditioned on completion of the fire inspection and
payment of the fire inspection fee. The owner of a short term rental selected for a full
inspection will be allowed to continue to operate the short term rental pending
completion of the inspection, provided all other renewal requirements have been met.
4. Safety hazards. The short term rental owner acknowledges that the city, or any authorized
representative thereof, have the right to suspend operation of any short term rental when
the city determines the rental is causing or contributing to an imminent public health or
safety hazard.
5. Fees. Short term rental registration and inspection fees shall be established by resolution of
the city commission.
6. Additional notice requirements for registrations and registration renewals of Type-2 short
term rentals in residential zoning districts. The applicant for a Type-2 short term rental
registration in a residential zoning district included in 38.310.030 must give notice on a form
provided by the city to each residence adjacent, including those residences adjacent across a
public right-of-way and properties connected to the applicant’s property by property
corners. The notice must include a description of the proposed use and the name, address,
telephone number and email address (if any) of the responsible person.
7. Issuance of registration. Once the applicant submits the completed application form, all
required submittal materials, and registration and inspection fees, the director will review
the application form and submittal materials and determine whether the short term rental
meets all city requirements for registration. The city will issue the short term rental
registration when:
a. The director determines the short term rental meets all city requirements for
registration; and
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b. The applicant has provided either a signed pre-operational inspection report from the
health department indicating the short term rental may operate as a public
accommodation or a valid and current public accommodation license issued by the state
of Montana department of health and human services pursuant to Title 50, Chapter 51,
MCA.
8. Listing of registration. The short term rental registration form will require the applicant to
agree to inclusion in an online listing of short term rentals registered with the city.
9. Display of short term rental registration number. The owner must include the short term
rental registration number in all listings of the short term rental on any hosting platform and
print advertising.
10. Change in ownership. A short term rental registration does not run with the land, and a
change in ownership of the short term rental terminates the registration. The new owner
wishing to continue operation of the property as a short term rental must apply for
registration following the process described in this section.
11. Expiration. Registrations issued pursuant to this article are valid for one year from the
month in which such registration is issued and will expire automatically unless renewed in
accordance with this section.
12. Renewal. The registrant may apply to renew the registration annually using a form provided
by the city. It is the registrant’s responsibility to renew the registration on time even if a
courtesy reminder is not received by the registrant.
I. Short term rental standards. The following requirements apply only to Type-2 and Type-3 short
term rentals unless otherwise noted.
1. Short term rental agreement; written rules for guests. The short term rental owner must
enter into a written rental agreement with the guest for each stay in the short term rental.
a. The guest must be provided with a written list of rules applicable to the short term
rental with the rental agreement, and the rental agreement must include a written
acknowledgement by the renters of their agreement to comply with such rules.
b. The list of rules must include those rules required by this article to be included.
c. The list of rules must be prominently displayed within the short term rental.
2. Responsible person. The applicant must designate a person responsible for addressing all
maintenance, nuisance, and safety concerns related to a short term rental. The responsible
person must be available to take and respond to reports of concerns and complaints 24
hours per day, 7 days per week during the registration term. The name and contact
information for the responsible person must be included in the list of rules.
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3. Maximum occupancy for Type-2 and Type-3 short term rentals. The maximum occupancy
of a Type-2 or Type-3 short term rental is two persons per bedroom plus two additional
persons, except that this number may be reduced by the city based on available parking
spaces. The maximum occupancy will be noted on the short term rental registration and
must be included in the list of short term rental rules.
4. Maximum number of bedrooms that may be rented in a Type-1 short term rental; maximum
occupancy. The owner of a Type-1 short term rental may rent or offer for rent up to two
bedrooms in the dwelling, except that in a two-bedroom dwelling, only one bedroom may
be rented or offered for rent. No other area of the dwelling may be rented or offered for
rent. The maximum occupancy of a Type-1 short term rental is two persons per bedroom.
5. Trash removal. The responsible person must ensure proper disposal of solid waste
pursuant to local and state rules, regulations and laws. The schedule for trash and recycling
collection and instructions for proper disposal must be included within the short term rental
rules.
6. Signage. Exterior signs identifying the unit as a short term rental are prohibited on short
term rentals. During a rental period, there must be a sign posted inside the front door of
the short term rental showing the locations of all fire extinguishers in the unit, the gas shut-
off valve, and fire exits.
7. Noise and nuisance
a. The owner of the short term rental must ensure that use of the short term rental by
guests is in compliance with the noise provisions of chapter 16, article 6 and all nuisance
provisions of the Bozeman Municipal Code.
b. A prohibition against making loud noise in such a manner as to disturb the quiet,
comfort or repose of a reasonable person of normal sensitivity must be included in the
short term rental rules.
c. All outdoor activities producing noise discernible from a neighboring property shall
cease by 10:00 p.m. This requirement must be included in the short term rental rules.
J. Violations; enforcement.
1. Registration suspension or revocation. The director may suspend or revoke a short term
rental registration when the registrant commits one or more of the following acts or
omissions:
a. Failure to comply with any provision of this article;
b. Operating or allowing the operation of the short term rental in such a manner as to
create a public nuisance, cause a breach of the peace, constitute a danger to the public
health, safety, welfare or morals, or interfere with the rights of abutting property
owners;
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c. Cancellation of the health department’s public accommodation license, tax authority
registration, or any other required permit; or
d. The securing of the registration by fraud or misrepresentation, to specifically include
false or incorrect information on the registration application.
2. Procedure. Should the director decide to suspend or revoke a registration, the registrant
will be given notice and an opportunity to respond following the procedures in this
subsection, except that should the director determine the short term rental or its operation
present a safety hazard or require immediate remedy, the director may order operation of
the short term rental to cease immediately.
a. The registrant will be notified in writing by the director at least seven days prior to the
action contemplated and the reasons therefore.
b. Upon receipt of the notice, the registrant may request a meeting with the director.
Such request must be in writing and must be received by the director within seven days
of the registrant’s receipt of the notice. Failure on the part of the registrant to request
in writing a meeting and within the specified time period shall be a waiver of the
registrant’s right to a meeting.
c. If a meeting is requested by the registrant, the director will set a time, date and place
and will so notify the registrant, in writing.
d. When a meeting is conducted, the city will present the evidence supporting the
contemplated action. The director may request evidence be presented by other parties.
The registrant may present evidence. The director will take all evidence admitted
under advisement and once a decision has been made the director will notify the
registrant of the findings and decision in writing.
3. Appeal. Any person aggrieved by a decision of the director will have the right to appeal
to the city commission by following the procedures in 38.250.030.
4. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is
required hereunder, constitutes a debt due the city.
5. Violation constitutes a misdemeanor. In addition to suspension or revocation under
subsection A of this section, a knowing violation of this article constitutes a
misdemeanor punishable as described in 38.200.160.
Sec. 38.360.260. – Agricultural uses in Residential Suburban. (38.08.020)
Agricultural use standards per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; 36
fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger parcels
the review authority may determine that a larger number of livestock is consistent with the
requirements of this section.
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38.370 Wireless Facilities (Article 29)
Sec. 38.370.010. - Intent, purpose and applicability. (38.29.010)
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 the city 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;
2. Wireless facilities are often visually obtrusive due to their necessary height, support equipment
and interruption of the viewscape, and can have substantial negative impacts on the character of
the city and its surrounding viewsheds;
3. The impacts of wireless facilities can be reduced by establishing standards for location, structural
integrity, compatibility and collocation;
4. To reduce visual and other impacts on the community the city desires to promote collocation,
use of stealth installations of wireless facilities and the use of smaller less intrusive facilities to
minimize the need to construct new large scale wireless facilities;
5. The city desires to provide clear and consistent regulations for review of proposed wireless
facilities;
6. The city desires to support the ability of telecommunication service providers to deliver such
services to the community consistent with other community objectives;
7. The construction of new large scale wireless facilities is the action of last resort to provide for
wireless communication services and should only be undertaken when alternatives are not
available;
8. It is necessary to determine the locations and circumstances most appropriate for placement of
wireless facilities to serve the community;
9. Consistent with applicable law, the city desires to minimize the adverse visual impacts of towers
and antennas through careful siting, design, landscape screening and innovative camouflaging
screening;
10. The city seeks to protect against potential health and safety hazards to citizens and prevent
damage to adjacent properties;
11. 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;
12. 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 service, and that does not
prohibit or has the effect of prohibiting personal wireless service in the city;
13. The city recognizes that the Federal Communication Commission exercises certain sole
authority in the licensing and other regulation of wireless services;
14. The adequate review of a telecommunications application may require expertise not typically
possessed by city staff which would require the city to obtain qualified outside expertise to
properly evaluate an application; and
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15. Outside review would generate additional costs to the public to preserve the public interest
these costs must be mitigated and should properly be mitigated by those causing such additional
costs.
C. General application. All uses listed in this division 38.370 are 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 division 38.370 apply to development and
modification of large scale wireless facilities, micro-scale wireless facilities, non-broadcast
telecommunication facilities and small scale wireless facilities. These and other terms are defined in
article 7 of this chapter.
1. The provisions of this division 38.370 only apply to facilities which meet the definition of a
wireless facility or that are otherwise specifically brought under the authority of this division
38.370.
Sec. 38.370.020. - Special submittal requirements. (38.29.020)
In addition to the materials required by division 38.220 of this chapter for site plans, conditional use
permits, and planned unit developments, the materials required by section 38.220.170 must be
submitted.
Sec. 38.370.030. - Uses within districts and required review procedures. (38.370.030)
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
division 38.370, all other standards and procedures of this chapter must apply.
1. The Montana Subdivision and Platting Act ( MCA 76-3-101 et seq.) may require 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 division 38.370 is established, subdivision review may be
required in addition to site plan review.
B. No wireless facility may be permitted except in accordance with the development review processes
indicated in Table 38.370.030 in subsection B.1 of this section, 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 within the district are indicated by a "-". All
applications are subject to the review processes, submittal requirements and other requirements of
articles 230, 430 and 220 of this chapter as may be applicable.
1. Review procedures.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C P/C1 A P
B-3 C P/C1 A P
B-2 C P/C1 A P
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B-2M C P/C1 A P
B-1 C P/C1 A P
UMU C P/C1 A P
REMU PUD P/C1 A C
NEHMU P P A P
R-O PUD C P C
R-5 PUD C P C
R-4 PUD C P C
R-3 PUD C P C
R-2 PUD C P -
R-1 PUD C P -
R-S PUD C P C
Note:
1. Conditional use review is required when the proposed facility exceeds the height limitation of
the district.
2. Collocation upon a previously approved wireless facility, when such additional facilities were
contemplated as part of the original review, must 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 division 38.230 or 38.430 of this chapter, rather than offered to additional
parties;
b. It is in compliance with the maximum building height limitations of the zoning district;
c. It complies with all setback and other zoning requirements; and
d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be reviewed
against the criteria of division 38.340 of this chapter as applicable, and a certificate of
appropriateness is required before issuance of a building permit.
5. 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 community development
department. The purpose of the pre-application conference is to acquaint the participants with
the applicable requirements of this division 38.370, as well as with any preliminary concerns the
department may have.
6. The applicant's written request for a preapplication conference must include the following
information with regard to the proposed facility:
a. Location;
b. Overall height;
c. Number of antennas proposed, including those of other providers to be collocated;
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d. Type of wireless communication services to be provided; and
e. Coordination of ground equipment shelters.
7. Adequate review of applications may require the city to retain consultants or other third party
assistance to review an application. In such event the applicant must reimburse the city for the
actual costs incurred prior to issuance of a building permit.
8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities
subject to this division 38.370.
Sec. 38.370.040. - Standards. (38.29.040)
A. Safety. All wireless facilities subject to this division 38.370 must meet the following standards:
1. The structural design for all wireless facilities greater than ten feet in height or which have more
than four square feet of total antenna area must be certified by a professional structural
engineer licensed to practice in the state. A building permit must be obtained prior to the
installation of any facility subject to this division 38.370.
2. All wireless facilities must 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 must 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. Wireless facilities with a base located at grade must be enclosed within a secure fence not less
than six feet in height, or the tower itself must be equipped with an appropriate anti-climbing
device.
B. Aesthetics.
1. All wireless facilities.
a. The provisions of section 38.370.040.B may be waived by the review authority as determined
by division 38.220 of this chapter where it has been demonstrated that the waiver will result
in superior compliance with the intent and purposes of this chapter.
b. All installations must be as visually unobtrusive as is feasible. Facilities and equipment
mounted on existing structures must be visually incorporated into the structure or
background by the use of architectural elements, color, screening or other methods.
c. No lighted signage is permitted.
d. All structures must be constructed in conformance with the standards of the city's adopted
International Building Code.
e. In addition to landscaping required by 38.550, visual screening of ground mounted equipment
must be provided in all residential areas and where a facility is located within a nonresidential
area which is visible, from a viewpoint five feet above grade, from a residential area.
Screening must provide an opaque screen within 18 months of establishment and be a
minimum of four feet in height. The screening may be of landscape materials or a fence which
otherwise complies with this chapter. The site must comply with the landscaping provisions
of article 5 of this chapter.
f. Exterior façade materials and the character of equipment shelters used in residential areas
must be of materials commonly used in the immediate area. The architectural design of the
exterior of the shelter must be compatible with surrounding residential structures. The
intent of the requirements of this subsection B.1.f may be met by providing opaque fencing or
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other visual screening compatible with the neighborhood, in compliance with all other
sections of this chapter, which will obscure the entire equipment shelter. The screening must
be in place prior to the commencement of operations of the facility.
2. Preferences. In order to justify the construction of a wireless structure, the applicant must
demonstrate that higher ranking alternatives in the following hierarchy, beginning with
subsection 2.a.(1) of this section, 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 size.
(1) Micro-scale wireless facilities or collocation on existing large scale wireless facilities;
(2) Small scale wireless facilities;
(3) Large scale wireless facilities 50 feet or less in height; and
(4) Large scale wireless facilities in excess of 50 feet in height.
b. A facility meeting the definition of stealth, as defined in section 38.700.170 of this chapter, 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 under other circumstances.
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.
3. Special standards. The following special standards apply as shown in Table 38.370.040:
a. Stealth installation is required;
b. Wireless facilities are exempt from the height limitations of section 38.350.050, but are
subject to the height limitations of section 38.370.040;
c. The height limitation of the district may be exceeded by the least amount necessary to
provide services, but only when service may not otherwise be provided by a less intensive
facility or an alternative site; and
d. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
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Table 38.370.040
Zoning District Large-scale Small-scale Micro-scale Non-broadcast
PLI b b b -
M-2 b b b -
M-1 b b b -
B-P c a, c b -
B-3 c a, c b -
B-2 c a, c b -
B-2M c a, c b -
B-1 c a, c b -
UMU c a, c b -
REMU d a, c b -
NEHMU b b b -
R-O d a, c a, b -
R-5 d a, c a, b -
R-4 d a, c a, b -
R-3 d a, c a, b -
R-2 d a, c a, b -
R-1 d a, c a, b -
R-S d a, c a, b -
4. Stealth.
a. Installations located within the conservation overlay district must be stealth facilities.
b. A stealth wireless facility may exceed the height limitations of the district by ten feet.
5. Small scale wireless facilities. All small scale wireless facilities established in the neighborhood
conservation district must be installed in such a way as to maintain the historic or architectural
character of the host site. All sites must maintain the least possible visual obtrusiveness.
6. Large scale wireless facilities. No large scale wireless facility will be permitted unless the
applicant demonstrates that the proposed facility cannot 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 section 38.370.040.B.2.a.(1), 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 must address the required findings of
this section.
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a. If collocation is feasible, the owner of the large scale wireless facility must certify in writing,
prior to final permit approval, that the owner will accept for collocation 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
antennas. Collocation may be denied based on verifiable and substantial expectations of
interference from additional users. Later failure to comply with the requirements supporting
collocation may result in the revocation of city approvals or other penalties stipulated by the
municipal code as the requirements of the title will have been violated.
b. The city must find the proposed guarantee, assurances or provisions for the perpetual
maintenance and for removal of an abandoned large scale wireless facility to be adequate.
c. A large scale wireless facility must not either:
(1) Exceed 190 feet in height; or
(2) When located east of the alignment of Church Avenue/Sourdough Road and west of the
extended alignment of Bozeman Trail Road/Arnica Drive;
(a) Exceed 100 feet in height when its base elevation is greater than 4,800;
(b) Exceed 40 feet in height when its base elevation is above 4,850;
(c) Notwithstanding the provisions of subsections B.6.c.(2)(a) and (b) of this section,
these restrictions must not apply for those areas lying east of the extended
alignment of Bozeman Trail Road/Arnica Drive and south of Interstate 90.
d. Where multiple service providers will be utilizing the same ground area and/or support
structure, a single structure must be provided to house all ground based equipment.
e. Special setbacks for large scale wireless facilities must be provided and/or a design for
internal structural collapse to avoid damage or injury to adjoining property or users must be
provided.
(1) Residential district setbacks for a large scale wireless facility must be 100 percent of
facility height, which may be reduced to no less than 50 percent upon the provision and
approval of an engineered design, stamped by a professional structural engineer licensed
to practice in the state, establishing a smaller collapse area.
(2) A large scale wireless facility in nonresidential zones must 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,
establishing a smaller collapse area. Large scale wireless facilities located within
nonresidential zones, but adjacent to a residential zone or residentially developed areas,
must maintain a minimum setback from residential zoning or property boundaries of at
least 50 percent of facility height. All installations must maintain the minimum zoning
district setbacks, including special setbacks for applicable block frontage in division
38.510 of this chapter.
f. New large scale wireless facilities greater than 50 feet in height must be designed in all
respects to accommodate both the applicant's antennas and antennas for at least two
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. This requirement may be waived by the governing body
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upon a showing of fact to overcome the presumption that multiple transmitters are desirable
on the proposed facility.
g. All large scale wireless facilities 50 feet or greater in height, regardless of the zoning district
in which the structure is located, must 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 B.6.i of this section
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.
h. A large scale wireless facility greater than 50 feet in height must 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.
i. In addition to the other review criteria of this chapter, 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 located within the geographic area are adequate to
support the proposed antennas are required to meet 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 cannot be reinforced to
provide sufficient structural strength;
(4) The applicant's proposed antennas 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's 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 section 38.370.040.B. Prior to
the approval of a final site plan, or a building permit if it is a latter phase of a phased project,
an applicant must provide:
(1) For the first 70 feet of tower height, for an applicant who is not 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, a second additional executed lease;
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(4) Leases may be redacted to remove proprietary information but must identify the
parties.
7. Non-broadcast. A non-broadcast telecommunication facility located within a B-1, B-2, B-2M or
B-3 district, a mixed-use district, the neighborhood conservation overlay district or a residential
zoning district must be enclosed within a structure. The structure must be of materials and
architectural character compatible with the adjacent properties. The facility must comply with all
applicable side, front and rear setback setbacks.
C. Administrative.
1. An inventory of existing sites utilized by the applicant must be provided. The inventory must
note the feasibility of accommodating other users. The city may share this information with
other applicants or interested parties to encourage collocation.
2. The public land and agencies exemption from full compliance with zoning in MCA 76-2-402 does
not apply to private entities utilizing publicly owned lands.
3. Any antennas or antenna support structures not utilized for the provision of wireless services
for a continuous period of six months will be considered abandoned. All facilities must be
removed within six months of the cessation of operations. If a facility is not removed within six
months the city may remove the facility at the facility or landowner's expense. Where multiple
users share a facility, the non-operational antennas and associated ground-mounted equipment
may 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
section 38.320.130.H.
5. No facilities which require employees to be present on a routine basis may be established in
residential areas, with the exception of periodic maintenance activities, unless the zone allows
offices as a permitted or conditional use and appropriate review has been completed.
6. Failure to comply with the terms of this chapter is grounds for facilities to be removed by action
of the city at the facility or landowner's expense.
7. Any modifications to existing wireless sites shall only occur in compliance with the review
procedures required in section 38.370.030.
8. Denial of an application must be made only after the review body has determined that specific
criteria of this chapter cannot be met. Said determination must be made in writing and must
include the reasons for the denial and the evidence which supports those reasons. Public
opposition alone is not sufficient to deny the application.
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38.380 Affordable Housing
Part 1: Findings & Purpose
Sec. 38.380.010. - Legislative findings.
The city commission hereby finds:
A. The Bozeman Community Plan establishes a goal to encourage an adequate supply of affordable
housing and land for affordable housing in Bozeman. A lack of affordable housing affects the ability of
many residents to find housing which is adequate for their basic housing needs. A lack of adequate
housing affects health, social stability, and other issues which can have negative and intergenerational
effects. To fulfill this goal, the Community Plan establishes an objective to promote the development
of a variety of housing types, designs, and costs to meet the wide range of needs of Bozeman
residents.
B. The Affordable Housing Action Plan: 2012 - 2016 (Action Plan) analyzed housing needs and existing
market conditions and determined housing affordability has become an acute problem as
demonstrated by the number of households paying over 30% of their incomes for housing. A 2015
update to the city’s housing needs analysis (Action Plan Update) concluded that the group of
homebuyers with significant affordability gaps have incomes at or below 80% of the area medium
income and are in need of subsidies and/or below-market home prices. The Action Plan Update also
determined that buying opportunities are increasingly scarce for homebuyers with incomes between
60 percent and 100 percent of AMI, and that housing and land prices have increased faster than
incomes for many of Bozeman’s residents.
C. Since the adoption of the Bozeman Community Plan and the Action Plan, the median sales price of
housing has continued to climb. According to the Action Plan Update, as of the end of November
2014, the median home price was $287,000.
D. The Action Plan Update states that the number of detached homes priced below $250,000, a rough
indicator of housing affordability for a family of three at 100 percent of AMI, has fallen from 48.4
percent of the market in 2012 to just 18.6 percent in 2014.
E. There is a critical shortage of for-sale housing affordable to Bozeman households with incomes at
and below the area median income, as currently calculated by the U.S. Department of Housing and
Urban Development. As a result, some residents pay excessive amounts of income for housing,
reducing the amounts available for other necessities and a decent and adequate standard of living.
F. Limited housing opportunities within the city requires households to seek housing outside of the
city limits which has a negative impact on transportation infrastructure by adding unnecessary trips
to the network. Increased driving distance to affordable housing also negatively impacts air and
water quality. To maintain a sufficient resident workforce in all fields of employment, and to ensure
the public safety and general welfare of the residents of the city of Bozeman, affordable housing
needs must be addressed..
G. The city can achieve its goals of providing more affordable housing and its goal of achieving an
economically balanced community only if part of the new housing built is affordable to households
with low and moderate incomes.
H. The inclusionary housing regulations codified in this ordinance will substantially advance the city’s
legitimate interest in assuring that additional housing is built in the city that is affordable to residents,
including low- and moderate-income households and dispersed throughout the city in order to
encourage economic integration of the city’s residents.
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I. This ordinance is adopted pursuant to the city’s self-governing powers and the city’s independent
general police power to protect public health, safety, and welfare. Requiring affordable housing
within certain developments is consistent with the community’s housing goals of protecting the
public welfare by fostering an adequate supply of housing for persons at all economic levels and
maintaining both economic diversity and geographically dispersed affordable housing.
J. Requiring developers of newly created market-rate housing to provide some housing affordable to
low and moderate-income households is reasonably related to the impacts of their projects because:
1. Rising land prices are a key factor in preventing development of new affordable housing. New
market-rate housing construction in Bozeman has generally created strong and increasing
demand for a finite stock of unbuilt land within the city, and thus continues to drive up the price
of remaining land. New development without affordable units reduces the amount of land
development opportunities available for the construction of affordable housing.
2. New residents of market-rate housing place demands on services provided by both public and
private sectors, creating a demand for new employees. Some of these public and private sector
employees needed to meet the needs of the new residents earn incomes only adequate to pay
for affordable housing. Because affordable housing is in short supply in the city, such employees
may be forced to live in less than adequate housing within the city, pay a disproportionate share
of their incomes to live in adequate housing in the city, or commute ever increasing distances to
their jobs from housing located outside the city. These circumstances harm the city's ability to
attain employment and housing goals articulated in the Community Plan and place strains on the
city's ability to accept and service new market-rate housing development.
Sec. 38.380.020. - Purpose.
The purpose of this article is to promote the public health, safety, and welfare by ensuring that the
affordable housing needs of the residents of Bozeman are addressed. In addition, the purpose of this
article is to ensure that quality housing is dispersed throughout Bozeman’s neighborhoods for
households of a variety of income levels including low- and moderate-income residents to meet the
goals of the Community Plan and the Action Plan by encouraging a mix of housing types throughout the
city and integrating affordable housing so as to not concentrate affordable housing in a particular area.
In addition, the ordinance is intended to alleviate the impacts that would result from the use of available
residential land solely for the benefit of households that are able to afford market-rate housing and to
mitigate the service burden imposed by households in new market-rate residential developments by
making additional affordable housing available for service employees. The ordinance is also intended to
mitigate environmental and other impacts that accompany new residential development by reducing
traffic, transit and related air quality impacts, promoting jobs/housing balance and reducing the demands
placed on transportation infrastructure.
The ordinance provides residential developers with a menu of options from which to select alternatives
to the construction of inclusionary units on the same site as market-rate residential developments, and
provides incentives for housing developers to ensure houses are constructed and sold in a manner that
furthers the city’s affordable housing goals.
Finally, the ordinance provides incentives for housing developers who are not legally required to comply
with the requirements for construction of inclusionary housing, but nevertheless choose to construct
affordable housing.
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Part 2: Applicability and Definitions
Sec. 38.380.030. - Applicability.
A. This article applies to:
1. Subdivisions and site plans which propose 10 or more market-rate homes, to be created
through development, new construction, substantial improvement or reuse.
2. Annexations where the net developable area of the annexing parcel when considering the
applicable zoning could result in 10 or more dwellings. In such a case, the annexation agreement
shall require the provision of affordable housing pursuant to this article.
3. Developments seeking to use incentives to develop affordable housing.
B. Contiguous tracts under common ownership and control. A developer may not avoid the
requirements for construction of affordable homes by submitting piecemeal applications for
development. At the time of the initial application for approval of a subdivision or site plan, the
developer shall identify all contiguous property under common ownership and control in the
affordable housing plan required by section 38.380.100.
C. Development applications approved prior to the effective date of this article. A site plan or
subdivision having received sufficiency approval as of the effective date of this article or a preliminary
site plan or preliminary plat granted approval prior to the effective date of this article may apply for
one or more of the incentives described herein. Only that portion of the amended preliminary plat
or site plan pertaining to the request for approval of one or more incentives will be subject to
review. The requirements of section 38.19.130 for the amendment of plans will not apply.
D. Newly proposed residential developments which include affordable housing in excess of this article’s
requirements for building affordable homes are eligible for incentives as provided in section
38.380.130. Such request shall require the preliminary plat or site plan to evidence compliance with
all other requirements of this article.
E. Exemptions. Developments comprised exclusively of rental housing units are exempt from this
article.
Sec. 38.380.040. - Definitions.
A. Affordable housing or affordable home – A dwelling for purchase by an owner-occupant that
requires no more than 33 percent of a household’s income for housing payments and meets the
definition of a lower-priced home or moderate-priced home. For purposes of 38.380, “affordable
housing” or “affordable home” does not include condominium units.
B. Area median income or AMI – As calculated by the U.S. Department of Housing and Urban
Development (HUD), AMI is the median income for a family of four within a specific geographical
area, such as Gallatin County. For each such region, HUD adjusts this AMI calculation for
households of different sizes and updates the calculations annually based on estimated changes in
area incomes. For purposes of this article, the city hereby adopts HUD’s AMI calculations as an
equitable and reasonable method to determine affordability, based on percentages of AMI specified
in this article.
C. Common ownership or control – “Common ownership or control” refers to property owned or
controlled by the same person, persons, or entity, or by separate entities in which any shareholder,
partner, member, or family member of an investor of the entity owns ten percent (10%) or more of
the interest in the property.
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D. Developer. For purposes of this article, a developer is the person or legal entity, or their
successor(s) in interest who: (a) submits an affordable housing plan for a subject property along with
other submissions required for land use approvals, zoning, or permit reviews by the city, and/or (b)
is the owner of property subject to this article during the development phase or a successor in title,
such as a builder, obligated to implement the affordable housing plan required by this article with
respect to one or more lots or parcels of land and/or (c) receives incentives for the production of
affordable housing.
E. Liquid Assets – Assets such as cash, stocks, bonds or similar that can readily be converted to cash
with no significant loss in value, but excluding long retirement assets such as IRA accounts, 401K
accounts, pension funds, etc. Explicitly excluding retirement
F. Lower-priced home – Newly created dwelling for purchase, determined by the city in accordance
with this article to be affordable to a household with an income between 65% and 80% of AMI.
G. Market-rate home – Any dwelling for purchase subject to this article which is not an affordable
home. The number of market-rate homes in a development is used to determine the required
number of affordable homes, as described in this article. For the purposes of 38.380, “market rate
home” does not include condominium units.
F. Moderate-priced home. – Newly created dwelling for purchase, affordable to a household with an
income between 81% and 100% of AMI.
Part 3: Requirements
Sec. 38.380.050. - Requirement to build and sell affordable homes.
All development subject to this article must include affordable homes.
Sec. 38.380.060. - Number of affordable homes required.
The number of affordable homes a developer is required to build is a percentage of the total market-
rate homes proposed in the development plan.
A. The developer may:
1. Build and sell lower-priced homes. 10 percent of the total dwellings constructed within the
subdivision or site plan must be lower-priced homes built and sold at price targets as established
by the city pursuant to section 38.380.070 to households with incomes at or below 80 percent
of AMI; or
2. Build and sell moderate-priced homes. 30 percent of the total dwellings proposed must be
moderate-priced homes sold at price targets as established by the city pursuant to section
38.380.070 to households with incomes from 81 percent to 100 percent of AMI; or
3. Build and sell a mix of both types of affordable homes. If a developer proposes a mix of both
lower-priced and moderate-priced homes, the developer starts with the 10 percent calculation
for lower-priced homes. For each lower-priced home eliminated from the resulting number, the
developer may substitute three moderate-priced homes.
The distribution of homes between the two categories of affordable homes will be identified in the
affordable housing plan required by section 38.380.100.
B. Fractions. If the calculation of the required number of affordable homes results in a fraction of a
home, this obligation will be satisfied by payment of a fee-in-lieu pursuant to section 38.380.140 or
by providing an additional moderate-priced home.
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C. Calculating number of affordable homes in phased developments. It is anticipated that in
developments being built in phases, the number of market-rate homes may not be certain at the
time the developer submits the affordable housing plan pursuant to section 38.380.100. In such
cases, the developer must estimate the number of market-rate homes and number of affordable
homes required for all phases. If the number of homes in the first phase of such development is
certain at the time of the city’s approval of the affordable housing plan, a separate affordable homes
pricing and delivery schedule for that phase shall be incorporated in the affordable housing plan at
the time of development or construction of each subsequent phase. As the number of homes in
future phases becomes certain, the affordable housing plan shall provide for subsequent affordable
homes pricing and delivery schedules for future phases of the development, consistent with the
affordable housing plan and section 38.380.070.B.
Sec. 38.380.070. - Pricing of affordable homes.
A. The city will calculate on an annual basis the maximum sales price a developer may charge for each
category of affordable home required by this article as follows:
1. Lower-priced homes. The sales price for lower-priced homes affordable to buyer-households
with incomes from 65 percent to 80 percent of AMI will be calculated based on a household
income of 70 percent of AMI.
2. Moderate-priced homes. The sales price for moderate-priced homes affordable to buyer-
households with incomes from 81 percent to 100 percent of AMI will be calculated based on a
household income of 90 percent of AMI.
B. Affordable home sales price schedule.
1. The city will annually publish a schedule of sales prices for low-priced homes and moderate-
priced homes within 30 calendar days of the HUD’s annual publication of updated AMI
calculations. The sales price schedule will be effective on the date of publication by the city. The
new sales price schedule will apply to applications for building permits received after the
effective date of the new sales price schedule. A developer may request that a new sales price
schedule apply to the sale of an affordable home approved under a previous sales price schedule.
2. The city, at the city’s sole discretion, may recalculate the sales price schedule if prevailing
mortgage interest rates have adjusted by 50 basis points or more over the assumption used for
the previous schedule.
3. Considerations. The following factors will be considered by the city in calculating the sales price
schedule. The Director of community development may make de minimis exceptions to
application of these factors:
a. AMI for the Bozeman area;
b. Gross monthly income will be calculated as the appropriate HUD AMI calculations income
divided by 12;
c. The maximum monthly payment will be 33% of gross monthly income. The maximum
monthly payment will include costs directly applicable to a mortgage such as payment of
principal, interest, as well as assumptions for typical costs of taxes, public assessments,
property insurance premiums, mortgage insurance premiums (assuming the higher of either
government or private mortgage insurance), and homeowner association fees;
d. The interest rate will be determined by the city by a survey of at least three local mortgage
lenders, averaging their current rates for loans for homes with price ranges within the low-
priced homes range and the moderate-priced homes range;
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e. The financing will be a conventional or government-insured fixed-rate loan with a term of 15
to 30 years; and
f. A borrower will typically contribute $1,000 toward the purchase price.
C. Household occupancy assumptions. To determine the maximum sales prices of affordable homes
with different numbers of bedrooms, the city will base its calculation on the AMIs for households of
different sizes, as follows:
1. Zero bedroom or studio unit – AMI for a one-person household;
2. One bedroom unit – AMI for a two-person household;
3. Two bedroom unit – AMI for a two-person household; and
4. Three bedroom unit or larger – AMI for a four-person household.
Sec. 38.380.080. - Timing of delivery of affordable homes.
Required affordable homes must be provided in accordance with the following:
A. In each development in which more than one affordable home is required to be sold, the affordable
housing plan shall specify that affordable homes are to be sold concurrently and in proportion to the
sale of unimproved lots or market-rate homes. Such timing of compliance will be represented in an
affordable homes pricing and delivery schedule as described in section 38.380.100.
B. A developer may build and sell affordable homes earlier than required in an affordable housing plan.
Sec. 38.380.090. - Minimum design and construction standards for affordable homes.
A. Required number of bedrooms in affordable homes. In each development subject to the
requirements of this article, affordable homes shall represent a mix of bedrooms per unit as similar
as possible (given rounding of numbers) to the mix of bedrooms per unit of the market-rate homes
in the development.
B. Standards for design and construction. The city shall define reasonable standards for the design and
construction of affordable homes to ensure livability and compatibility with nearby market-rate
homes in the development. Affordable homes may have different interior finishes and features than
other dwellings within the development, as long as the finishes and features are functionally
equivalent and of good quality. Finishes include, but are not limited to, design and materials, the
provision of appliances, cabinets, and floor treatment. Features include, but are not limited to, the
numbers of bathrooms, garages and parking areas, mechanical equipment and hookups, and green
building features.
C. Amenities. Affordable homes shall have the same amenities as the market-rate homes in the
development, including the same access to and enjoyment of common open space and facilities in
the development.
Sec. 38.380.100. - Submission of affordable housing plan; approval.
A. Affordable housing plan. The applicant for any development seeking to utilize the incentives to
create affordable housing or subject to the requirements of this article must submit an affordable
housing plan in a form provided by or approved by the city that describes how the requirements of
this article will be satisfied. When approved by the city, the affordable housing plan must be
incorporated by reference in the recorded subdivision plat, site plan or annexation agreement. The
applicant will provide only one affordable housing plan to meet the requirements of this article.
B. Affordable housing plan as binding agreement. An affordable housing plan approved by the city will
be considered a binding contract between the developer and the developer’s successors in interest
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to the lot or dwelling. Such plan will be included in a separate recorded written agreement between
the developer and the city, or incorporated into another recorded document wherein the
developer is required to implement the affordable housing plan.
C. Contents of affordable housing plan. The affordable housing plan submitted by the developer must
include, at a minimum:
1. Number of affordable homes proposed in each affordable home category;
2. The number of bedrooms in each affordable home;
3. Number of market-rate homes in the development;
4. The number of bedrooms in each market-rate home;
5. Location of affordable homes in the development (lots in the plat or units within a site plan);
6. Timing of delivery of the affordable homes in relation to the market-rate homes in the
development;
7. Marketing plan describing how affordable homes will be offered to the public;
8. Plan for construction of affordable homes in phased developments. It is anticipated that in
developments being built in phases, the number of market-rate homes may not be certain at the
time the developer submits the affordable housing plan. In such cases, the developer must
estimate the number of market-rate homes and number of affordable homes for each phase. If
the number of homes in the first phase of such development is certain at the time of the city’s
approval of the affordable housing plan, a separate affordable homes pricing and delivery
schedule for that phase shall be incorporated in the affordable housing plan at the time of
development or construction of each subsequent phase. As the number of homes in future
phases becomes certain, the affordable housing plan shall provide for subsequent affordable
homes pricing and delivery schedules for future phases of the development, consistent with the
affordable housing plan; and
9. Any other information that is reasonably necessary to evaluate the compliance of the affordable
housing plan with the requirements of this article.
D. Pricing and delivery schedules in affordable housing plans. The affordable homes pricing and delivery
schedule shall be in the form of a chart that contains the numbers of required affordable homes by
bedroom count and affordable home category, and shall indicate the current affordable home prices
as calculated by the city.
E. Approval of affordable housing plan. The affordable housing plan will be reviewed as part of the
initial application approval process for the type of development proposed. A condition shall be
attached to the approval of any subdivision plat or site plan to require recordation of the affordable
housing plan or other separate agreement obligating the developer to meet the requirements of this
article.
Sec. 38.380.110. - Marketing, sales and occupancy of affordable homes.
Developers subject to this article shall market and sell affordable homes in accordance with provisions
described in the city’s published instructions for preparing affordable housing plans. These provisions will
address factors such as waiting list management, marketing materials, responsibilities for marketing
affordable homes, actions to be taken in the event of inability to identify qualified buyers, procedures for
certification of buyer eligibility, purchase contracts, and full disclosures to buyers of their obligations and
rights under this article. If after 120 calendar days of marketing efforts on the part of the developer of
an affordable home in compliance with the city’s published instructions the developer has not executed
a purchase contract with a qualified buyer, the developer may enter into a purchase contract with a
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buyer at a sales price that shall not be subject to the maximum sales prices established pursuant to
38.380.070. In such a case, upon closing of the sale the developer must pay the city the difference
between the sales price and the price of the affordable home as set out in the approved affordable
housing plan in accordance with 38.380.180.B.
Sec. 38.380.120. - Recording requirements upon sale of affordable home.
The developer, or the city or its agent if the city is involved in the sale of an affordable home shall cause
to be recorded in the offices of the Gallatin County Clerk and Recorder, simultaneously with the
recording of the deed of conveyance, a restrictive covenant, deed of trust or other legal instrument,
approved as to form by the Bozeman City Attorney that fulfills the resale and recapture requirements
described in section 38.380.160.
Part 4: Incentives
Sec. 38.380.130. - Incentives available for affordable housing.
Developers may apply for incentives in conjunction with a development application by submitting an
affordable housing plan pursuant to section 38.380.100.
Incentives Description
Lower-
priced
homes
Moderate-
priced
homes
70%
AMI
80%
AMI 90% AMI
Impact fee
subsidy
Full or partial subsidization of impact fees, paid from municipal funds if such
funds are available; such subsidization must be secured with a lien instrument
due upon sale, transfer or non-rate/term refinance of the home.
X X
Down payment
assistance
Subject to the availability of funds, the city will provide on a first-come first-
served basis, down payment assistance not to exceed $10,000 per home
benefiting households. Down-payment assistance will only be provided
directly to the qualifying homebuyer. This assistance shall be secured with a
lien instrument due upon sale, transfer or non-rate/term refinance of the
home.
X X
Waiver of
subdivision
pre-application
Waive pre-application for subdivision when 10% of units are designated for
lower price homes.
X X
Reduction of
parkland1
Allow a 1:1 square foot reduction in the amount of parkland dedication
required per square foot of lot size for lower homes. If a developer provides
more than the required number of lower priced homes, the lot area square
footage of the additional lower priced homes shall not further reduce the
required parkland dedication.
X
Reduced
minimum lot
sizes
Per the provisions in this chapter, affordable homes may utilize reduced
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housing
construction
security acceptable to the City Attorney ensuring the completion of
infrastructure.
Expedited
review for
affordable
housing 1+1
Detached homes and attached homes in groups of less than 6 units will
receive expedited (3 business day) building permit review for affordable
housing. For each building permit for an affordable home, a market rate unit
will receive the same expedited review.
X X X
Reduced
parking
requirements
Reduced parking requirement of two spaces per three-bedroom dwelling. X X
1 This incentive is available only until the city has approved affordable housing plan(s) that include the number of lower-
priced homes at 70% AMI as established by commission resolution. In addition, a developer seeking to use this incentive may
only do so if the affordable homes at 70% AMI constitute no more than 10% of the total units in a development or the unit is
to be constructed on a single lot wherein the parkland dedication requirement has not previously been provided.
Part 5: Alternative Means of Compliance
Sec. 38.380.140. - Alternative means of compliance; payments of fees-in-lieu.
A. Alternatives to building lower-priced homes. The city may authorize a developer otherwise required
to provide affordable homes within a development to provide an alternative means of compliance of
equal value to the affordable homes otherwise required to be constructed pursuant to this article.
B. Allowable alternative means of compliance. If approved by the city, a developer may satisfy the
affordable housing requirements of this article by providing (i) a cash or in-kind payment in lieu or
(ii) a donation of land.
1. Payment of cash in lieu. Payment shall be made to the city of a payment of cash-in-lieu per a fee
schedule adopted annually by the city commission. For each required affordable home not built,
the cash-in-lieu amount will be the difference between the sales price of a lower-priced home
according to the then-current schedule of affordable home prices and the sales price of a
market-rate home. The sale price for the market-rate home will be based on a median sale price
of dwellings of a similar type, location and square footage for the prior two years. Cash-in-lieu
payments shall be paid prior to issuance of a certificate of occupancy for any dwelling or building
in the development subject to this article.
2. Donation of land. Credits for donation of house lots or multi-family parcels. The city may
accept donations to a city-designated community housing nonprofit entity of: (a) ready-to-build
house lots; or (b) parcels of land suitable for construction of affordable multifamily housing.
Restrictions on the donated lots or parcels will run with the land. Such donations, if approved,
will provide credits against this article’s requirements for building lower-priced homes. The
credits will be determined as follows:
a. House lots. The value of the lot or lots, as determined by a professional appraisal paid for by
the developer, will be divided by the city’s then-current average of cash-in-lieu payments for
homes of different sizes. The product of that division to two decimal points will constitute
the credit against the otherwise required number of lower-priced homes.
b. Parcels of land. The city shall periodically adopt a valuation for donation of parcels of land
intended for multifamily development, for purposes of determining credits against the
number of affordable homes that would otherwise be required in a development subject to
this article. The parcel of land must be zoned for the development of multi-family housing,
such as R-3, R-4 and REMU.
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C. Timing of delivery of alternative means of compliance.
1. Timing of providing in-lieu contributions. In-lieu contributions when permitted shall be due and
deliverable to the city before the recordation of the affordable housing plan. A developer may
propose an alternative to this requirement in which staged contributions are made upon the
predicted occurrence of certain events, such as the sale of lots, which alternative may be
approved at the sole discretion of the city.
2. Staged delivery of in-lieu contributions. In the case of staged delivery of in-lieu contributions,
when permitted, the city’s determination of the value of each contribution shall take into
account the differential financial value of payments that are made later than recordation of the
affordable housing plan using conventional methods of discounting future cash flows to present
value.
Part 6: Buyer Qualification and Subsidy Recapture
Sec. 38.380.150. - Qualification of buyers of affordable homes.
A. Lower-priced homes. To qualify for purchase of a lower-priced home, a buyer must meet the
following criteria:
1. A household income in the 65%-80% AMI range, as verified and certified by the city; such
certification must have been provided no more than one year prior to the closing date of the
purchase. Income verification will be performed using HUD’s online income certification tool or
a similar method that meets Code of Federal Regulations (CFR) 24 part 5, as amended, which
adjusts gross incomes based on extraordinary expenses and imputation of assets to income.
2. Maximum liquid assets of $25,000 at the time of income certification. Exceptions may be
granted by the Director of community development based on extraordinary circumstances.
3. The household occupying the lower-priced home must meet the definition of “Household” in
38.42.1420.
4. The buyer must meet one of the following definitions of “First-Time Homebuyer”:
a. An individual who has had no ownership interest in a principal residence during the 3-year
period ending with the date of purchase; or
b. A single parent whose only prior home was owned with a former spouse while married; or
c. An individual who is a displaced homemaker and has only owned with a spouse; or
d. An individual who has only owned a principal residence not permanently affixed to a
permanent foundation in accordance with applicable regulations; or
e. An individual who has only owned a property that was not in compliance with state, local or
model building codes and which cannot be brought into compliance for less than the cost of
construction a permanent structure.
5. The buyer must contribute at least $1,000 towards the purchase of the home unless waived in
writing by the city because of extraordinary circumstances, such as death of primary or
secondary income earner or qualification as displaced homemaker.
6. The buyer must utilize conventional or government-insured fixed-rate first-mortgage financing
with a term of 15 to 30 years.
7. The household in a lower-priced home must occupy the home as its primary residence. Lower-
priced homes may not be rented to another party, since the intent of the program is to provide
these homes only for income-qualified owner occupants, with the exception of rentals for a
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limited period of time necessitated by a family hardship or a temporary move for one year or
less, if approved in advance by the city.
B. Moderate-priced homes. To purchase a moderate-priced home, a buyer must occupy the home as a
primary residence. The developer must provide evidence satisfactory to the city verifying the initial
owner will use the home as their primary residence at time of sale.
Sec. 38.380.160. - Subsidy recapture for lower-priced homes.
To ensure that the community investment in affordable housing is perpetuated and that beneficiaries of
affordable housing programs do not receive a windfall financial benefit, the city requires repayment of
subsidies as follows:
A. Requirement for repayment of cash subsidy. The buyer of a lower-priced home that received
cash support in the form of funds from the Affordable Housing Fund or other funding through
the city, including but not limited to down payment assistance, impact fee payment, or other
funding shall be required to repay the subsidy, at 0 percent interest, when the dwelling or
property is sold, transferred, refinanced with equity converted to cash out or when the initial
buyer who qualified for the subsidy has failed to abide by the requirements of this article. The
subsidy will be recorded as a lien against the property at the Gallatin County Clerk and
Recorders office.
B. Requirement for repayment of non-cash subsidy. Because most or all lower-priced homes will
be sold at a discount from market value, defined as the difference between the appraised value
and the maximum allowed price of a lower-priced home at the time of the initial sale to a
qualified buyer, the city commission finds that it gives a subsidy with cash value to the initial
buyer which may be recaptured under certain circumstances. Therefore, upon resale or
transfer of a lower-priced home, the city aims to further its housing affordability goals by
recapturing the principal amount of the subsidy by use of a lien in favor of the city in that
amount, which will be due and payable to the city, at 0 percent interest, when the home is sold
or transferred or when the initial buyer who qualified for the affordable home has failed to abide
by the terms of this article. The appraisal used to calculate the amount of subsidy may be the
appraisal obtained by the buyer’s mortgage lender or, if that is not available, a professional
appraisal provided by the purchaser.
C. Use of repayments to the city. The city shall only use repayments of the lien amounts to fund:
1. Down payment assistance for buyers of new or existing homes in Bozeman with household
incomes at or below 80 percent of AMI;
2. Affordable rental opportunities for residents of Bozeman with incomes at or below 60
percent of AMI; or
3. Any other use approved by the city commission that increases affordable homeownership
opportunities for residents of Bozeman with income at or below 80 percent of AMI.
Part 7: Administration & Enforcement
Sec. 38.380.170. - Administration.
A. Director of community development authority. The director of community development or an
agent designated by the city commission shall have authority to promulgate and enforce all
reasonable rules and regulations and take all actions necessary to the effective operation and
enforcement of this article, unless such authority is expressly reserved to the city commission or
another city official, including but not limited to:
1. Reviewing a developers’ affordable housing plan for compliance with this article;
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2. Adopting all forms and prescribing the information to be given therein;
3. Monitoring developers’ compliance with this article, notifying the developer of noncompliance,
and ordering compliance;
4. Imposing any and all sanctions permitted by this article; and
5. Calculating the annual pricing targets for affordable homes and causing a sales price schedule to
be published. The Director of community development may make de minimis exceptions to the
factors considered in calculating the price targets.
B. Administrative manual. The city will publish administrative rules and instructions approved by the
city commission, including but not limited to instructions for completing the affordable housing plan,
valuations required by this article, and the distribution of the required number of affordable homes
between the two affordable home categories and required number of bedrooms. Such distribution
by affordable home category shall be based primarily upon an assessment by the city of housing
needs among the income groups corresponding to each affordable home category, but shall take
into account the economic impact on developments subject to the requirements of this article.
C. Verification of sales prices and income certification prior to closing. The City Manager may create
standards for documentation the city will use to verify the sale price of a home created pursuant to
this article. For the initial sale of an affordable home, the seller must provide the city with a copy of
the HUD-1 form prepared by an attorney or title company indicating the sales price. The final sales
price on the HUD-1 form may not exceed the maximum price for a specific affordable home as
described in the current price schedule pursuant to section 38.380.070 plus an allowed maximum of
$3,000 in buyer selected upgrades, if allowed by the first mortgage lender underwriters. In addition,
the city shall require certification satisfactory to the city of homebuyer income qualification.
D. Monitoring completed sales. Upon receipt of a settlement statement for an affordable home, the city
will determine if the completed affordable home sale complies with the approved affordable housing
plan and the requirements of this article, and if not, respond to the non-compliance as provided in
section 38.380.180.
Sec. 38.380.180. - Noncompliance; sanctions.
A. Discovery of noncompliance. If the city determines a developer subject to an affordable housing plan
has failed to comply with any terms or conditions of the affordable housing plan or this article, the
Director of community development or authorized agent shall notify the developer of the
noncompliance in writing and order compliance by the most reasonable and expeditious means as
determined by the city. Notification shall describe a date certain by which the developer must be in
full compliance (which may not be less than one week or more than one year from the date of the
notice), and shall describe: (i) the exact nature of the noncompliance; and (ii) the possible sanctions
for noncompliance with this notification.
B. Cancellation of incentives provided. If a developer sells a home for a price not in compliance with
the approved affordable housing plan or any other recorded documentation obligating developer to
comply with this article, the developer must, prior to the release by the city of the dwelling from
the affordable housing plan or binding agreement, pay the city the difference between the sale price
and the price of the affordable home as set out in the approved affordable housing plan.
C. Sanctions for noncompliance. In addition to other remedies available to the city pursuant to this
article, if on a date certain by which compliance has been ordered by the Director of community
development or authorized agent, the developer remains in noncompliance, the Director of
community development or authorized agent shall notify the City Attorney of the noncompliance
and request that sanctions be imposed. The city shall have the authority to impose one or more
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sanctions including but not limited to the following which the city deems most effective and
appropriate considering the nature of the noncompliance:
1. Withholding or revoking building permits,
2. Issuing stop-work orders, and/or
3. Withholding certificates of occupancy.
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ARTICLE 4. COMMUNITY DESIGN
Contents
Division 38.400 Transportation Facilities & Access
Division 38.410 Community Design & Elements
Division 38.420 Park & Recreation Requirements
Division 38.430 Planned Unit Developments
38.400 Transportation Facilities & Access (Article 24)
Sec. 38.400.010. - Streets, general. (38.24.010)
A. All streets must comply with the adopted growth policy and/or transportation plan. The
arrangement, type, extent, width, grade and location of all streets must 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 apply to all construction, reconstruction and paving of streets. Review
authority for exceptions or modifications to this section is specified in division 38.220.
1. 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
and alleys within the proposed development must be arranged to allow the suitable
development of the adjoining undeveloped land. Streets and alleys within the proposed
development must be constructed to the boundary lines of the tract to be developed, unless
prevented by topography or other physical conditions. If the development being reviewed is a
subdivision, a request for an alteration of this standard must be processed as a subdivision
variance. If the development being reviewed is not a subdivision, a request for an alteration of
this standard must be reviewed against the criteria of section 38.250.080.B, but will not alter the
review authority who would otherwise decide upon the application.
2. Relation to developed areas. The developer must arrange the streets and alleys to provide for
the continuation of streets and alleys 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.
3. 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.
4. 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 must
also comply with the requirements of approach grades and future grade separation.
5. Dead-end streets and alleys. Dead-end streets must comply with city design specifications and
standards, and with any city-adopted International Fire Code. No dead-end streets longer than
150 feet are permitted without an approved turn-around. Where streets terminate, the
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developer must provide a cul-de-sac at the terminus. Where it is planned that a dead-end street
will be extended in the future, a temporary cul-de-sac must be provided. All approved
turnarounds must be signed as no parking.
a. "T" turnarounds, in-lieu of temporary culs-de-sac, must be specifically approved by the
review authority. "T" turnarounds must include two straight backup lengths of 45 feet each
to accommodate city fire trucks. All other design requirements are established by the review
authority.
6. Local streets. Local streets must be laid out to discourage speeding.
7. Half streets. Half streets are prohibited except when they are essential to the development, are
beneficial to the city, or when the review authority is satisfied that the half street will be
dedicated to the public after the adjoining property is developed. Half streets must be approved
by the review authority, and when adjacent to unannexed land, the county road office. When an
existing half street is adjacent to a tract to be developed, the undeveloped half of the street
must be provided with the new development.
8. Second or emergency access. To facilitate traffic movement, the provision of emergency services
and the placement of utility easements, all developments must be provided with a second means
of access. If, in the judgment of the development review committee (DRC), a second dedicated
right-of-way cannot be provided for reasons of topography or other physical conditions, the
developer must provide an emergency access, built to the standards detailed in these
regulations.
a. This provision may be waived or conditionally waived by the DRC.
9. Culs-de-sac. Culs-de-sac are generally prohibited. The review authority 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 must be installed at the end of culs-de-sac where deemed appropriate.
10. Bridges and culverts. Culverts or bridges must be provided and installed by the developer where
drainage channels intersect any street right-of-way.
a. Bridges. Bridges must be built to state department of transportation H-20 load standards,
and must be reviewed and approved by the county road office and the city engineering
department.
b. Culverts. All culverts must, at a minimum, extend across the entire improved width of the
street cross section. When culverts are determined necessary by the city engineering
department, the size and length of the culvert and the amount of backfill over the culvert
must be determined by a registered professional engineer.
(1) Each culvert or other drainage facility must be large enough to accommodate potential
runoff from upstream drainage areas. The minimum capacity of a culvert must be
equivalent to a circular diameter of 15 inches.
11. Encroachment permits. The person or entity undertaking the development must obtain
encroachment permits for all access to state highways.
12. Traffic control devices. Street signs and other traffic control devices must be installed at all
intersections and any other location required by the city. The location, size, shape and height of
all traffic control devices must comply with city requirements, and must conform with the
Manual of Uniform Traffic Control Devices (MUTCD) and the city modifications to state public
works standard specifications.
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13. Sight distances. The alignment of all streets must provide adequate sight distances based on
design operating speeds.
Sec. 38.400.020. - Street and road dedication. (38.24.020)
A. General. All streets or alleys within, or providing access to, the proposed development must be
dedicated to the public, be private streets to be owned and maintained by an approved property
owners’ association, or, if the criteria of this section are met, be a public street easement.
1. Public street easements. Public street easements must:
a. Be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to
the property to be subdivided.
2. Private streets.
a. Private streets may be required to have a public access easement if deemed necessary by the
city.
b. If a private street is proposed, the project must be reviewed as a planned unit development.
However, development proposals containing private streets are exempt from the PUD
review requirement if:
(1) A local private street is proposed and the street would comply with the city 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 city standard
right-of-way requirement of 60 feet. The back-of-curb to back-of-curb width may vary
from city standards, provided that:
(a) A permanent funding source, such as the levying of assessments against all
properties 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 SIDs, or other
perpetual legal instrument, acknowledging that the city will not assume dedication
and/or maintenance of the streets unless the street is brought up to city standards,
or the property owners’ have agreed to an assessment to fund improvements
required to bring the street up to city standards. The developer must 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.
c. Documented proof of adequate funding and scheduling for maintenance of all private streets,
must be provided, subject to section 38.220.200.
Sec. 38.400.030. - Intersections. (38.24.030)
A. The following requirements apply to street intersections:
1. Streets must intersect at 90-degree angles except when topography prohibits this alignment. In
no case may the angle of an intersection be less than 60 degrees to the centerline of the street
or road being intersected;
2. Two streets meeting a third street from opposite sides must be offset at least 125 feet for local
roads and 300 feet for arterials or collectors. Distances must be measured from the inside edge
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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 38.400.030;
3. No more than two streets may intersect at one point;
4. Intersections of local streets with major arterials or highways must comply with section
38.400.090;
5. Intersections must be designed to provide adequate visibility for traffic safety based on the
designated 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 arterial and collector streets within
200 feet of a hilltop are prohibited. If no alternatives to a hilltop intersection exist, additional
traffic control devices are required;
7. The grade of approaches to major highways may not exceed five percent; and
8. Any street which intersects a paved minor collector or greater street must be paved for at least
75 feet from the existing edge of pavement.
Figure 38.400.030 Intersections.
Sec. 38.400.040. - Street names. (38.24.040)
A. The following requirements apply to street names:
1. New streets aligned with existing streets must have the same name as the existing streets.
2. All street names must be approved by the 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.
Sec. 38.400.050. - Street and road right-of-way width and construction standards. (38.24.050)
A. All streets and roads providing access to, and within, the proposed development must meet the
following standards:
1. Right-of-way width and construction standards contained in this chapter: the most recently
adopted long range transportation plan; the City of Bozeman Design Standards and
Specifications Policy; and the City of Bozeman Modifications to Montana Public Works Standard
Specifications.
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2. Access streets and roads which are not on the city's or county's road maintenance system must
be dedicated to the public or must have a public easement which meets the criteria of this
division 38.400.
Sec. 38.400.060. - Street improvement standards. (38.24.060)
A. All street improvements must be designed by and constructed under the supervision of a
professional civil engineer, registered in the state, and must meet or exceed the right-of-way and
construction standards adopted by the city (including but not limited to an adopted transportation
plan or specifications manual) and required for the type of street to be constructed.
B. Plans and specifications for all public or private streets (including but not limited to curb, gutter,
storm drainage, street lighting and sidewalks), must be provided to and approved by the review
authority. The developer must provide professional engineering services for construction inspection,
post-construction certifications and preparation of Mylar record drawings. The plans and
specifications must be approved and a preconstruction conference must be conducted before any
construction is initiated on the street improvements.
1. 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 review authority, must be submitted to the review authority 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 must be in accordance with the city
design standards and specifications policy and the city modifications to state public works
standard specifications.
2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way must be provided.
The driving surface of the alley must be 16 feet wide and must be improved with gravel.
a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities
are available.
b. Alleys must be designed and constructed in accordance with the city design standards and
specifications policy and the city modifications to state public works standard specifications,
and subject to approval by the city engineer.
c. Alleys used for backing under section 38.540.020.D must be designed to provide the required
aisle width.
3. Traffic progression. Traffic progression is of paramount importance. Consequently, all potential
intersections with signals must be placed on quarter-mile points unless otherwise approved by
the review authority.
4. Level of service standards. All arterial and collector streets and intersections with arterial and
collector streets must operate at a minimum level of service "C" unless specifically exempted by
this section. The city determines level of service (LOS) values by using the methods defined by
the most recent edition of the Highway Capacity Manual. The review authority may approve a
development only if the LOS requirements are met in the design year, which must be a
minimum of 15 years following the development application review or construction of mitigation
measures if mitigation measures are required to maintain LOS. Intersections must have a
minimum acceptable LOS of "C" for the intersection as a whole.
a. Exception: If an intersection within the area required to be studied by section
38.220.060.A.12 does not meet LOS "C" and the intersection has been fully constructed to
its maximum lane and turning movement capacity, then an LOS of less than "C" is acceptable.
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b. Exception: The review authority may grant a waiver from an LOS of less than "C" at a specific
intersection if the review authority determines:
(1) Granting a waiver for the intersection would not be contrary to public health and safety
and is in the public interest;
(2) Improvements to the intersection to raise the overall level of service to a “C” or better
are currently scheduled for commencement of construction within three (3) years as
shown on the most recently adopted Transportation Capital Improvement Plan;
(3) All rights-of-way necessary for the required intersection improvements have been
obtained by the city or by the Montana Department of Transportation; and
(4) The commission has approved a financing plan for the intersection improvements.
A waiver granted under this subsection is valid for the initial entitlement period of the project
and applies only to the real property for which the waiver is granted. A request for the
extension of the initial development approval relying upon an intersection level of service
waiver is a material modification to the application per 38.100.070.
c. If the review authority does not grant a waiver from the level of service standard under this
subsection B.4, a subdivider or other site developer may request a variance from the
requirements of this section. If a variance is granted from the requirements of this section,
the variance applies only to the specific development proposal for which it was granted and
must not be considered evidence for any other development proposal.
Sec. 38.400.070. - Street lighting. (38.24.070)
A. Standards. For street lighting standards, see division 38.570.
B. Timing. For the timing of street lighting improvements, see section 38.270.030.B.3.
Sec. 38.400.080. - Sidewalks. (38.24.080)
A. General. City standard sidewalks (including a concrete sidewalk section through all private drive
approaches) must be constructed in all developments on all public and private street frontages,
except for alleys. The requirements of the city design standards and specifications policy and the city
modifications to state public works standard specifications and per the block frontage standards of
division 38.510 apply.
B. Sidewalks adjacent to public lands. The developer must install sidewalks adjacent to public lands,
including, but not limited to, parks, open space, and the intersection of alleys and streets or street
easements. Applicable sidewalks and development frontages adjacent to public lands are subject to
the provisions of section 38.510.030.I.
C. Timing. The following requirements regarding the timing of the installation of sidewalks apply:
1. For subdivision improvements, please refer to section 38.270.030.B.2.
2. For site development improvements, sidewalks must be installed prior to issuance of an
occupancy permit, or must be subject to an approved improvements agreement and financially
guaranteed, as specified in division 38.270 of this chapter.
Sec. 38.400.090. - Access. (38.24.090)
A. General. All final site plans and plats must contain a statement requiring lot accesses to be built to
the standard contained in this section, the city design standards and specifications policy, and the city
modifications to state public works standard specifications.
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1. Lot access standards. The drive approach must 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.
2. Access must comply with any city-adopted International Fire Code.
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 chapter, the city design standards and specifications policy, and
the city modifications to state 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 chapter, all lots must be provided with legal and physical
access via one of the following options:
a. 25 feet of frontage on a public or approved private street;
b. 25 feet of frontage on a public or approved private street and an improved alley; or
c. 25 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 division 38.230 of this chapter.
2. Parking areas for residential developments subject to the sketch plan review procedures of
section 38.230.050, may take access directly from an improved public street, approved private
street or improved alley as defined in subsection B.1 of this section with access provided
according to the provisions of this section and section 38.540.020.D.
3. All drive accesses installed, altered, changed, replaced or extended must comply with the
following requirements:
a. Residential.
(1) Residential lots must not have direct access to arterials or collectors, unless the
standards contained in Table 38.400.090-1 are complied with;
(2) Residential drive access standards apply to all residential development with drive access
facing a street, except apartment buildings.
(a) Individual residential drive accesses facing the street with a single internal parking
bay meeting the standard of table 38.540.020 may not exceed 12 feet in width
measured at the right-of-way line and 18 feet in width measured at the curb line.
(b) Individual residential drive accesses facing the street with two or more internal
parking bays meeting the standard of table 38.540.020 may not exceed 20 feet in
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width measured at the right-of-way line and 26 feet in width measured at the curb
line.
(c) Individual and shared drive accesses must be physically separated by means of a
landscaped area greater than or equal to ten feet in width between paved areas and
extending from the front line of the building to the right-of-way line.
(d) Residential complexes with 25 or more dwelling units must meet the commercial
access standards in 38.400.090.C.3.b.
b. Nonresidential.
(1) Commercial drive access widths must be no greater than 35 feet measured at the inside
edge of the drive access extended, at its intersection with the projected curbline of the
intersecting street. Two-way drive access must be a minimum of 24 feet and one-way
drive access must be a minimum of 16 feet.
(2) Industrial drive access widths must be no greater than 40 feet measured at the inside
edge of the drive access extended, at its intersection with the projected curbline of the
intersecting street. Two-way drive accesses must be a minimum of 24 feet and one-way
drive accesses must be a minimum of 16 feet.
Figure 38.400.090 C.2.b. Commercial and industrial accesses.
c. Drive accesses for all multiple tenant commercial buildings or complexes/centers, or
industrial drive accesses must be set back a minimum of 20 feet from the adjacent property
line unless such drive access is approved as a shared drive access.
d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses generating
very heavy periodic traffic conflicts must be located not closer than 200 feet to any
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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 must have 15-foot return radii
unless otherwise approved by the review authority. All commercial and industrial drive
accesses on other streets may have either return radii or depressed curbs. The minimum
radius allowed is four feet.
D. 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 minimum standards in this section, is desired and must 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 must 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 D.2 and 3 of this
section.
d. Subsection D of this section does not apply to single-household, two, three, or four unit
structures on individual lots.
Figure 38.400.090 D. Spacing standards for drive accesses
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2. 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 private accesses.
Table 38.400.090-1
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 private
accesses.
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on
Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial access1 315' 150' 40'3
Full access2 660' 330' 40'3
Minimum separation 315' 150' 40'
1Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
3Accesses on local streets must be at least 150 feet from an intersection with an arterial.
E. Number and location of drive accesses.
1. Single-household uses are limited to one drive access per street face, except on properties
abutting arterial streets, in which case shared accesses, or drive aisles facilitating the turning of
automobiles on-site are required.
2. Notwithstanding any other provisions of this chapter, drive accesses may not be located closer
than five feet to any side property line, unless shared access, as defined in section 38.700, with
the adjoining property is approved. This standard does not apply to the shared side property
line of townhouses units with adjacent garages using attached drive aisles.
F. Shared drive access. The city desires and encourages sharing access drives, as defined in section
38.700.170 of this chapter, between separate parcels.
G. Access approval required. All drive accesses may be approved by the review authority for width and
location.
H. Modifications of property access standards.
1. Some of the standards listed in subsections C through E of this section, may be relaxed by the
review authority 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 chapter, or the intent of the city's growth policy.
2. Modifications from access standards may be approved by the review authority.
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, must submit to the city engineer a report certified
by a professional engineer addressing the following site conditions, both present and future:
a. Traffic volumes;
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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 review authority will determine whether a modification from
the required standards is justified and, if so, what alternative requirements will be necessary.
Sec. 38.400.100. - Street vision triangle. (38.24.100)
A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in excess
of 30 inches above the street centerline grade is permitted within a triangular area defined as
follows: beginning at the intersection of the projected curblines of the two intersection streets,
thence 50 feet along one curbline, thence diagonally to the point 50 feet from the point of beginning
on the other curblines, then to the point of beginning, except when traffic control signals are
installed, in which case the a local street vision triangle shall apply. Nothing in this section prohibits
portions of buildings 12 feet or more above grade from encroaching into required vision triangle
setbacks.
B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no fence,
wall or planting in excess of 30 inches above the street centerline grades is permitted within a
triangular area defined as follows: beginning at the intersection of the projected curblines of two
intersecting streets, thence 40 feet along one curbline, thence diagonally to a point 40 feet from the
point of beginning on the other curbline, then to the point of beginning.
C. Drive aisles and alleys. At the intersection of each driveway or alley with a street, no fence, wall or
planting in excess of 30 inches above the street centerline grade is permitted within a triangular area
where corners are defined by two points on the right-of-way line, 15 feet on each side of the
centerline of the driveway or alley and a point on centerline ten feet outside the right-of-way. Any
driveway or alley wider than 30 feet curb to curb at the right-of-way line must use the vision triangle
standard for local streets when intersecting local, collector, or arterial streets.
D. Provision for trees in street vision triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles as
described in this section, provided that mature trees do not significantly affect safe driving
conditions and are maintained such that no canopy foliage exists below a height of ten feet
above centerline of intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption of the
ordinance from which this chapter is derived may be allowed to remain, provided the trees are
trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of
intersecting streets.
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Figure 38.400.100 Street vision triangles
Sec. 38.400.110. - Transportation pathways. (38.24.110)
A. General. Pathways must be installed in accordance with this chapter, the growth policy, the most
recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted
individual park master plan, and must comply with City of Bozeman Design Specifications. See also
sections 38.410.100, 38.420.070 and 38.420.110.
B. Pathway categories. The development review committee (DRC) must determine whether a pathway
is a transportation pathway or a recreation pathway. For subdivision and planned unit development
proposals, this determination must be made during the prea-pplication process.
1. Transportation pathways. Developers must install transportation pathways, to provide adequate
multimodal transportation facilities within the development, as part of the required development
improvements. Transportation pathways must be Americans with Disabilities Act (ADA)
accessible, and include the following types of facilities:
a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block
frontage designation);
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 must be dedicated to the city. The dedicated trail corridor must be at
least 25 feet in width to ensure adequate room for the construction, maintenance and
use of the trail. Transportation trail corridors cannot be used to satisfy parkland
dedication requirements; and
e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct
route; or
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f. Pathways that connect major residential, employment, educational, or other service nodes by
a reasonably direct route.
2. Recreation pathways. For the definition of recreation pathways, please see section 38.420.110.B.
C. Related facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, must be installed. Bridge design and construction must comply
with city specifications and standards, and must be submitted to the community development
department for review and approval. Any necessary permits for bridges must be obtained by the
developer from the appropriate agency prior to installation of the stream crossings.
D. Trail requirements. The class of the trail must be determined by the review authority, and the trail
must be designed and constructed according to any adopted park or recreation plan or other city
specifications and standards. Trails and bridges must meet ADA specifications for recreational
facilities and maintain a natural appearance. Trail plans and specifications must be submitted to the
planning and parks departments for review and approval prior to installation.
E. Bikeways 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, the
developer may be required to incorporate striped bicycle lanes along the shoulder, meeting current
American Association of State Highway and Transportation Officials (AASHTO) 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 must be based on the most recently adopted long-range transportation
plan. The review authority may consider exceptions based on the particular characteristics of a
transportation corridor and recommendations from the DRC and the Bozeman Area Bicycle
Advisory Board. Boulevard trails and bike lanes must be designed and constructed in accordance
with the most recently adopted long-range transportation plan, and any other applicable city
specifications and standards.
F. 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, must be
maintained by the developer (including snow removal) in accordance with an approved maintenance
plan until 50 percent of the lots within the development are sold. Thereafter, the property owners'
association must be responsible for maintenance. The property owners' association may establish an
improvement district to collect assessments to pay for the maintenance.
G. Pathway easements. Where pathways cross private land or common open space, the proper public
access easements must be provided. Public access easements for pathways must be at least 25 feet
wide. The director of public works may accept an alternate easement width when said easement is
parallel to a road ROW.
H. Trails in required watercourse setbacks. Trail corridors within required watercourse setbacks must
not be dedicated to the city, and such land may not be used to satisfy parkland dedication
requirements. When publicly accessible trails are established within required watercourse setbacks,
public access easements at least 25 feet in width must be provided to ensure adequate room for the
construction, maintenance and use of the trail.
I. Corridors. Corridors for transportation pathways may not be used to satisfy parkland dedication
requirements.
J. Development frontages adjacent to trails are subject to the block frontage provisions of section
38.510.030.I.
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Sec. 38.400.120. - Public transportation. (38.24.120)
A. Street design. All interior and exterior development streets that are designated as transit routes
must be designed to accommodate transit vehicles and facilities. Considerations for transit street
design include but are not limited to:
1. Pavement design;
2. Lane width;
3. Corner radii;
4. Street grade;
5. Curb height; and
6. Right-of-way width.
B. Other transit considerations. Developments with designated transit routes must be designed with
consideration to the following requirements:
1. Spacing of transit stops. All lots within the development must not be further than one-half mile
from a designated transit route;
2. Length of transit stops. Developments must be designed to accommodate a bus length of at
least 90 feet on designated transit routes;
3. Distance from intersection. Transit stops must be at least five feet from pedestrian crosswalks
or the end of corner radii;
4. Driveway conflicts. Lots and lot accesses must be configured to avoid conflicts with transit
stops; and
5. Lighting. Subdivision street lighting must be configured to provide adequate lighting at transit
stops.
C. Transit facilities. If any streets on the interior or exterior of the development are designated as
transit routes, the review authority may require the developer to provide transit facilities such as
transit stop signage, benches, bike racks, lighting and bus shelters.
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38.410 Community Design & Elements (Article 23)
Sec. 38.410.010. - General standards. (38.23.010)
A. Conformance. The design and development of all land uses must conform to this chapter, adopted
growth 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 must be properly related to
topography, and must, 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 city has found to be unsuitable for development
because of potential hazards such as flooding, landslides, 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 degradation, or
congestion in the streets or roads must 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 greater are presumed unbuildable unless demonstrated
otherwise by the developer.
Sec. 38.410.020. - Neighborhood centers. (38.23.020)
A. To provide a neighborhood focal point, all residential subdivisions or planned unit developments that
are ten net acres in size or greater, must 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 must be no less than one acre in size. The
center must be comprised of a park, square, green, plaza, transit stop, neighborhood commercial
center, civic use or any combination of these. The following requirements apply to all neighborhood
centers:
1. The geographic center point of the neighborhood center must be no further than 600 feet from
the geographic center point of the development. This requirement may be waived in the
following circumstances:
a. The development would create parcels that are all nonresidential;
b. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
c. The site is constrained by the presence of critical lands;
d. The site is part of an approved subarea plan that shows the center in a different location; or
e. The topography of the site presents physical constraints on the property.
2. With the exception of civic and neighborhood commercial center uses, the developer must
install all center-related improvements as part of the required development improvements.
When a multi-phase project is developed, improvements must be installed with each phase.
Required improvements must be based on the definition of each feature found in article 7 of this
chapter, and/or city standards.
3. The neighborhood center must 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 in accordance with section
38.420.060.
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4. With the exception of civic and neighborhood commercial center buildings and grounds, the
center is considered a common area to be owned and maintained by the property owners’ or a
property owners’ association. The property owners’ association may establish an improvement
district to collect assessments to pay for the maintenance.
5. After receiving a recommendation from the city recreation and parks advisory board, areas
within neighborhood centers used for park, square, or green may count towards parkland
dedication requirements (subject to review and approval by the review authority) if they meet
the following criteria:
a. 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
b. The area provides active and/or passive recreation opportunities.
6. The neighborhood center may be used for limited stormwater retention/detention facilities if
reviewed and approved by the review authority. However, any part of the center used for
stormwater management does not count towards park dedication requirements.
7. New neighborhood commercial centers are subject to the community design framework master
plan provisions of sections 38.210.130 and 38.510.030.L.
Sec. 38.410.030. - Lot. (38.23.030)
A. Dimensions and orientation. Lot size, width, shape and orientation must be appropriate for the
location and contemplated use of the development. In residential developments, a variety of lot sizes
must 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 are permitted only when the developer can demonstrate that the proposed lot designs
are necessary due to topography or other physical constraints on infill. Each lot must contain a
satisfactory building site adequate for the uses permitted in its zoning district. Each lot must
conform to this chapter, any growth policies, any applicable adopted neighborhood or subarea plan,
and to any applicable regulations of the state department of environmental quality.
B. Division by rights-of-way. No single lot must be divided by a public street, alley, or public or private
utility right-of-way or easement that would reduce the amount of buildable land to less than the
minimum lot size required by this chapter for the applicable zoning district.
C. Double/through and reverse frontage. Double/through frontage and reverse frontage lots are
prohibited except where essential to provide separation of residential development from arterial
streets; to provide access to development adjacent to limited access streets; to overcome
topography or other physical conditions; or to overcome specific disadvantages of existing design
and orientation. Lots fronting on a street and an alley are not considered double/through or reverse
frontage lots.
D. Courtyard access lots. This includes a series of lots clustered around a private internal roadway.
Minimum standards:
1. Maximum number of lots served by a courtyard access: Five (this includes lots fronting the
street on either side of the courtyard access).
2. Maximum length of a courtyard access: 100 feet (or deeper if approved by the fire marshall).
The length may be increased to 150 feet if all structures beyond 100 feet of the street are
equipped with automatic fire sprinkler systems.
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3. Surface width of courtyard access: 15 feet minimum, to provide access for ambulances.
Provisions must be made to keep the access clear of snow, vehicles (“no parking” signs), and
vegetation.
4. An easement of 20 feet in width must be secured over the applicable parcels to allow lots legal
access to the public street. A maintenance agreement is required for all applicable lots and must
be recorded on the plat.
5. Buildings accessed from a courtyard access are limited to two-stories in height, due to aerial
apparatus access limitations.
Figure 38.410.030.D. Examples of courtyard access lots.
E. Corner lots. Corner lots must have sufficient width to permit appropriate building setbacks from
both streets and provide acceptable visibility for traffic safety.
1. Homes on corner lots must have the same orientation as homes on lots on the interior of the
block, unless otherwise approved through an overall development plan.
F. Width. Lots must have a width sufficient to allow normal construction without the construction
encroaching on property lines, and must comply with the building setback requirements of this
chapter.
G. Depth. Except for individual lots for individual townhomes; lots used to meet the requirements of
chapter 38, division 38.380; lots serviced by an alley; or when necessitated by physical features of
the land, no lot may have an average depth greater than three times its average width.
H. Side lot lines. Side lot lines must be at substantially right angles to street or road lines and radial to
curved street or road lines.
I. Frontage. Unless otherwise allowed by this chapter, all lots must have frontage in compliance with
section 38.400.090.B 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.
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K. Exceptions. Commonly owned lots designated for accessory uses (i.e., stormwater management,
open space, utilities) are exempt from the provisions of this section.
L. All tracts except ROW must have an identifying lot number restarting with each block.
Sec. 38.410.040. - Blocks. (38.23.040)
A. Size and orientation. Blocks must be designed to ensure 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.
B. Block length. Block length must not be designed, unless otherwise impractical, to be more than 400
feet in length or less than 300 feet in length. Block lengths may 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 may a block exceed 1,320 feet in length.
C. Block width. Blocks must 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 topography and orientation.
D. Rights-of-way for pedestrians. Rights-of-way not less than ten feet wide for pedestrian walks are
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 may exceed 600 feet without intersecting a street or pedestrian walk.
Pedestrian walks must also be installed at the end of cul-de-sac where deemed appropriate.
1. Setbacks adjacent to pedestrian rights-of-way less than 30 feet wide must be not less than ten
feet. . Setbacks adjacent to pedestrian rights-of-way 30 feet wide or greater must be not less
than five feet.
2. The pedestrian walks must be maintained by the adjacent property owner or by the property
owners’ association. The party responsible for maintenance of pedestrian walks must be
identified in the preliminary plat application.
3. Pedestrian walks must be constructed as a city standard sidewalk, and comply with the
provisions of section 38.400.080.
E. Developments which have clearly delineated blocks must use block numbers or letters; each block
must contain its own grouping of lot numbers and must be wholly surrounded by a street, separated
by a park or pathway, not an alley.
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Figure 38.410.040 Blocks.
Sec. 38.410.050. - Utilities. (38.23.050)
A. Utilities must be placed underground, wherever technically and economically feasible. Underground
utilities, if placed in a street right-of-way, must be installed after the street has been brought to
grade and before it is surfaced.
B. If overhead utility lines are used, they must be located at the rear property line.
C. Utility facilities must 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 must provide adequate and appropriate utility easements in compliance with section
38.410.060.
Sec. 38.410.060. - Easements. (38.23.060)
A. Required easements. Where determined to be necessary, public and/or private easements must be
provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements must be described, dimensioned and shown on the final plat in
their true and correct location.
2. In all other developments, the proper easements documents must be prepared for review and
approval by the city, and filed at the county clerk and recorder's office. The easement
documents must be accompanied by an exhibit indicating the dimensions, and true and correct
location, of all easements.
3. No lot may 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 chapter 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 must provide private utility easements
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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 must be coordinated with all provided utility easements. If a utility
easement will be greater than the building setback required by this chapter, a note to that
effect must be placed on the final plat and/or final site plan as appropriate.
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 must be in a location required by and agreed upon
in writing by all of the appropriate utility companies and the review authority.
2. Easement size.
a. Front setback utility easements. Front setback utility easements must be ten feet wide, and
must always be provided unless written confirmation is submitted to the community
development department from all utility companies providing service indicating that front
setback easements are not needed.
b. Rear setback utility easements. The provision of rear setback 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 setback utility easements on each lot must be six feet
wide if adjacent to a public alley and ten feet if not adjacent to a public alley.
c. Side setback utility easements. The provision of side setback 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 setback utility easement must 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 section
38.270.030.D, private utility plans must be included with the preliminary PUD submittal.
b. Private utility plans must 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 community development department.
C. Public utility easements. Public utilities include water, sewer and stormwater facilities that are
dedicated to and maintained by the city.
1. A public utility easement must be granted for all public utility mains not located within public
street right-of-way. An easement must be at least 30 feet wide for either one or two utility
mains. An additional ten feet of width is required for each additional main that occupies the
easement. Wider easements may be required at the discretion of the city for large utility lines.
2. Public utility easements must be provided for all meter pits and fire hydrants maintained by the
city.
3. No permanent structures shall be placed within public utility easements unless an encroachment
permit has been obtained from the city.
D. Easements for agricultural water user facilities.
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1. Except as noted in subsection D.2 of this section, the developer must establish appropriate
agricultural water user 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 must 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 must ensure the conveyance of irrigation water through the land to be
developed to lands adjacent to or beyond the development's boundaries in quantities
and in a manner consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation canals and
ditches.
b. Are a sufficient distance from the centerline of the agricultural water user 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 grass within the
agricultural water user facility easement without the written permission of the facility owner.
2. The developer need not establish agricultural water user facility easements as provided above if
the following provisions were met or will be met via the subdivision or site plan process:
a. The average lot size is one acre or less and the developer provides for disclosure, in a
manner acceptable to the review authority, that adequately notifies potential buyers of lots
that are classified as irrigated land and may continue to be assessed for irrigation 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 or developed land. If the water rights have been or will be removed
from the land within the development it must be so noted with the preliminary plat or plan
submittal. If removal of water rights is not complete upon filing of the final plat or approval of
the final site plan, the developer must provide written notification to prospective buyers of
the intent to remove the water right and must document that intent, when applicable, in
agreements and legal documents for related sales transactions.
3. The realignment or relocation of active irrigation ditches or pipelines is discouraged. If an
agricultural water user facility or points of diversions thereon are proposed to be realigned or
relocated, the developer's professional engineer must certify, prior to final plat or final plan
approval, that the water entering and exiting the realigned or relocated agricultural water user
facility is the same quality and amount of water that entered or exited the facility prior to
realignment or relocation.
4. Stormwater from a development must not be discharged to an agricultural water user facility
without written approval from the owner of the facility and corresponding stormwater
conveyance easements.
5. If the developer demonstrates that easements have been extinguished pursuant to state law, or
the holder of the easement consents in writing to the extinguishment, or the easement is not
required per subsection D.2, the developer may remove ditch laterals from within the
subdivision.
6. If agricultural water user facility easements are required, a notice must also be recorded with a
final plat or prior to final plan approval, stating that the easements are subject to the
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requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements
and that irrigation works are subject to Section 85-7-2211 and -2212, MCA regarding duties and
liability. The notice must include language to assure the duties are binding upon all successors in
interest and remain in effect until such time that the agricultural water user facility is abandoned
in accordance with the requirements of Montana Law or alternative requirements are agreed to
in writing by all applicable parties. The easements must be prepared as documents separate from
a final plat but may be referenced on a final plat.
E. Other easements. Public access easements for streets and trails must be provided in accordance
with the provisions of divisions 38.240 and 420 of this chapter.
Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. (38.23.070)
A. General. All municipal water supply, sanitary sewer and storm sewer system facilities must comply
with the following requirements:
1. The developer must install complete municipal water and sanitary sewer system facilities, or a
system allowed by section 38.350.030.D, and may be required by the city to install municipal
storm sewer system facilities. These systems must be installed in accordance with the
requirements of the state department of environmental quality and the city, and must conform
with any applicable facilities plan. The city'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
part of these regulations. The developer must submit plans and specifications for the proposed
facilities to the city and to the state department of environmental quality and must 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 must 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 must be arranged to allow the suitable development of the adjoining
undeveloped land. Municipal infrastructure mains within the proposed development must be
constructed to the boundary lines of the tract to be developed, unless prevented by topography
or other physical conditions. An exception to this standard may be granted upon written
request of the applicant if the applicant demonstrates 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 chapter, or the intent of the city's growth policy.
B. Municipal water supply system; additional requirements. Municipal water supply system facilities
must also comply with the following requirements:
1. When the city's municipal water main is extended, the length of a dead-end water main typically
may not exceed 500 feet in length, unless approved in writing by the city.
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.
Sec. 38.410.080. - Grading and drainage. (38.23.080)
A. The developer must install complete drainage facilities in accordance with the requirements of the
state department of environmental quality and the city, and must conform to any applicable facilities
plan and the terms of any approved site specific stormwater control plan. The city'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
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standards are incorporated into and made a part of these regulations. The developer must submit
plans and specifications to the city and to the state department of environmental quality (if
applicable), and must obtain their approvals prior to commencing construction of any drainage
system facilities.
B. Provisions must be made for the control and drainage of surface water around buildings. Generally,
all lots and street boulevard areas must 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 when adequate drainage facilities are provided. All drainage plans must comply
with the requirements of the International Building Code and International 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 must not discharge into any sanitary sewer facility or agricultural water user
facility.
D. Stormwater retention or detention ponds may be located within public parkland, but such areas
must not count towards the parkland dedication requirement. Any stormwater ponds located on
parkland must be designed, constructed and/or added to so as to be conducive to the normal use
and maintenance of the park. Stormwater ponds serving multiple lots in separate ownership must
not be located on private lots or public rights-of-way. Stormwater retention or detention ponds
must be maintained by the property owners’ association.
E. The city may require the developer to establish easements or other perpetual controls to prevent
encroachment or disruption of drainageways or facilities.
F. Stormwater facilities generally must not occupy more than one-third of a required front setback.
Departures will be considered (per section 38.250.060) for stormwater facilities with Low Impact
Development (LID) components, underground components, or exceptional design.
G. All finish grades in landscaped areas must comply with the provisions set forth in section
38.550.050.L.
H. Stormwater retention/detention facilities in landscaped areas must be designed as landscape
amenities. They must be an organic feature with a natural, curvilinear shape. The facilities must 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 must be submitted with the final landscape plan for review and
approval. Facilities with a slope up to and including ten percent grade may be grassed and irrigated
to blend into the adjacent landscaped area.
Sec. 38.410.090. - Fire protection requirements. (38.23.090)
A. All developments must be planned, designed, 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.
1. The placement of structures must minimize the potential for flame spread and permit adequate
access for firefighting equipment; and
2. Adequate firefighting facilities must be provided, including an adequate and accessible water
supply and water distribution system.
a. National Fire Protection Association (NFPA) standards for hydrant systems must be met.
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b. City's requirements as contained in the design standards and specifications policy and the city
modifications to state public works standard specifications must apply.
Sec. 38.410.100. - Watercourse setback. (38.23.100)
A. Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate
the impacts of the development on the watercourse. This mitigation may not be less restrictive than
the requirements of the city floodplain regulations or any other applicable regulation of this chapter.
The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and
flood control.
1. Setback for developments granted preliminary plan or plat approval prior to July 10, 2002. These
provisions apply to all developments granted preliminary plan or plat approval prior to July 10,
2002, including applicable subdivision exemptions:
a. Setbacks. A minimum 100-foot setback must be provided along both sides of the East Gallatin
River. A minimum 35-foot setback must be provided along both sides of all other
watercourses.
(1) A portion of the required setback, immediately adjacent to the ordinary high water
mark, must be left in a natural vegetative state as follows:
(a) East Gallatin River — 50 feet.
(b) Other watercourses — five feet.
(2) No fence, residential or commercial structure, fill material, parking or other similar
improvements shall be located within required watercourse setbacks.
(3) All watercourse setbacks must be measured from the ordinary high water mark as
defined in section 38.700.090. When no ordinary high water mark is discernible,
setbacks must be measured from the top of the stream bank.
2. Setbacks for developments granted preliminary plan or plat approval on or after July 10, 2002.
These provisions apply to all developments granted preliminary plat or plan approval on or after
July 10, 2002:
a. In the event a site with an existing development, that is subject to subsection 1 of this
section, is submitted to the city for a review subject to divisions 38.230, 430 and 270 of this
chapter after July 10, 2002, the proposed development must comply with this subsection 2 to
the extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development must determine the extent that is reasonably feasible, subject to
any appeal provisions that may apply. Such administrative relief must not reduce setbacks
below those provided for in subsection 1 of this section.
b. In addition to any relaxation of watercourse setbacks provided by subsection 2.a of this
section, nothing in this section prohibits an owner of affected property from:
(1) Applying for a variance to dimensional standards of the watercourse setbacks as allowed
by and subject to the requirements of division 38.250 of this chapter;
(2) When applicable, seeking a deviation to dimensional standards of the watercourse
setback as allowed by and subject to the requirements of divisions 38.340 or 430 of this
chapter;
(3) Combining two or more lots to assemble a larger and more usable parcel;
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(4) Petitioning the state department of fish, wildlife and parks and the county water
conservation district to seek the reclassification of the relevant watercourse as an
irrigation facility not subject to the requirements of this section;
(5) After receipt of required permits, relocating the watercourse; or
(6) Pursuing any other lawful means of relief from the effects of this section.
c. Setbacks. Unless otherwise specified in subsection 2.e of this section, the following setback
requirements must be met:
(1) East Gallatin River. A minimum 100-foot setback must be provided along both sides of
the East Gallatin River.
(2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback must be
provided along both sides of Sourdough/Bozeman and Bridger Creeks.
(3) Other watercourses. A minimum 50-foot setback must be provided along both sides of
all other watercourses.
(4) All required watercourse setbacks must be extended as necessary to address these
additional requirements.
(a) The setback must extend to the edge of any delineated 100-year floodplain if the
floodplain is larger than the setbacks established in this subsection 2.c;
(b) The setback must include immediately adjacent wetlands (i.e., fringe). The buffer
width must be extended by the width of the wetland;
(c) Areas with a slope greater than 33 percent do not count towards the width of the
setback; and
(d) The setback must include connected wetlands. The buffer width must be extended
by a minimum of 50 feet beyond the perimeter of the connected wetlands.
(5) All watercourse setbacks must be measured from the ordinary high water mark as
defined in section 38.700.090. When no ordinary high water mark is discernible,
setbacks must be measured from the top of the stream bank.
d. 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 may be located within required
watercourse setbacks, unless approved through, and in conformance with, a variance or
deviation process as authorized in this chapter.
e. 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.
(1) On-site stormwater treatment facilities may be located in Zone 2.
(2) Trails and trail-related improvements may be placed within the required watercourse
setback subject to the following provisions:
(a) Trails, and trail-related improvements such as benches and trail signage, may be
placed in Zone 2;
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(b) Limited, non-looping developed spur trails to the water's edge may cross all zones.
Benches and limited informational/interpretive signage may be placed in Zone 1 at
the terminus of spur trails;
(c) 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;
(d) All trails must be constructed to minimize bank instability, sedimentation, nutrient
and pollution runoff. Trails must be aligned to minimize damage to plant and wildlife
habitat; and
(e) 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.
(3) 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 must be observed:
(a) Crossings must be minimized to the greatest extent feasible;
(b) Crossings with direct angles (90 degrees) must be used to the greatest extent
feasible instead of oblique crossing angles;
(c) Construction must be capable of withstanding 100-year flood events;
(d) The subdivision grading and drainage plan must be designed to prevent the discharge
of untreated stormwater into a watercourse; and
(e) A bank stabilization plan for all public construction watercourse crossings must be
prepared and approved by the city prior to site preparation and installation of the
improvement.
(4) 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.
(5) Control of noxious weeds is required and activities required within limits outlined in any
approved noxious weed control plan may occur in all zones.
f. Setback planting. A setback planting plan must be prepared by a qualified landscape
professional, and must be reviewed and approved by the community development
department prior to the commencement of development or site preparation. The plan must
include a schedule, and plantings must be depicted on the plan as follows:
(1) Zone 1: Zone 1 must 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 must 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 ten linear
feet and one tree for every 30 linear feet of the watercourse is 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) must be used. Tree and shrub
species selected must be suitable for the climate and for planting in a riparian area with
an emphasis on native species. The Natural Resources Conservation Service (NRCS),
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the state native plant society and the county local water quality district (LWQD) are
good sources of landscaping materials and/or landscaping information.
(2) Zone 2: Disturbed areas of Zone 2 must be planted with new or existing native grasses
suited for the area.
(3) 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.
(4) Planting materials are exempt from the size requirements of section 38.550.050.G.3.
(5) To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks
on all land proposed for development must be covered with existing vegetation or must
be seeded with native grasses as soon as seasonally feasible or prior to commencement
of any site development or site preparation work.
(6) Native must mean those plants which are native to the Gallatin Valley.
(7) 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 both disturbed and undisturbed areas.
g. Except as otherwise allowed in subsections 2.e and f of this section, no disturbance of soils
and existing vegetation shall occur in any zones.
3. Other provisions.
a. The watercourse setback must be depicted on all preliminary and final plats and plans.
b. These provisions do not apply to agricultural uses, including lands controlled in the
conservation reserve program (CRP), and activities and structures that existed prior to the
effective date of the ordinance from which this section is derived. Any agricultural uses,
activities or structures established after the effective date of the ordinance from which this
section is derived must comply with these regulations. An agricultural use, activity or
structure is considered abandoned if not used for agricultural purposes for more than180
consecutive days.
Figure 38.410.100-1 100 year floodplain.
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Figure 38.410.100-2 Watercourse setback on a slope.
Figure 38.410.100-3 Watercourse Setback.
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Figure 38.410.100-4 Wetlands
Sec. 38.410.110. - Ridgelines and viewsheds. (38.23.110)
A. 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 division
38.700 of this chapter 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.
1. All buildings located within a ridgeline protection area must be set back from the ridgeline a
distance not less than three times its height above grade. The distance of the setback must be
measured perpendicular from the ridgeline.
a. Exception. In the event a building permit is sought for a lot approved or created prior to
January 1, 2004, the proposed development must 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 must 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 must not reduce setbacks below those required
elsewhere in this chapter.
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Figure 38.410.110 Ridgeline protection area
Sec. 38.410.120. - Mail delivery. (38.23.120)
If mail delivery will not be to each individual lot within the development, the developer must provide an
off-street area for mail delivery within the development in cooperation with the United States Postal
Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed
within a city right-of-way.
Sec. 38.410.130. - Water rights. (38.23.180)
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit, planned
unit development, or subdivision and prior to an annexation of any land, one of the following must
occur:
1. Payment must be made to the city of a payment-in-lieu of water rights, calculated based on the
annual demand for volume of water the development will require multiplied by the most current
annual unit price; or
2. The city may elect to accept a transfer to the city of ownership of water rights if the water
rights proposed to be transferred are legally and physically adequate as determined by the city
to provide the annual volume of water the development will require. A transfer of ownership of
water rights must be in a form and manner suitable for municipal purposes and as approved by
the review authority.
3. In addition to but notwithstanding the above, a development may propose the installation of
non-potable water systems for irrigation or other approved uses. The installation of a non-
potable water system may result in a reduction in the payment required under subsection A.1
or amount of water rights under subsection A.2. To receive credit against the water demand
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calculation, the development must meet all physical requirements for such systems as
established by the city and must comply with all applicable administrative requirements.
B. If adequate water rights were transferred or a payment-in-lieu was previously provided to the city
for the subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate
compliance with this section. If the expected demand for water by the proposed development
increases by more than one acre-foot over that for which water rights or payment-in-lieu of water
rights were previously provided, additional water rights or payment-in-lieu of water rights pursuant
to subsection A equal to the difference between the previously provided water rights or payment-
in-lieu and the estimated current demand or payment-in-lieu price must be provided.
C. Provision of water rights or payment-in-lieu may be deferred:
1. By phase for phased developments.=
2. For annexations of vacant land when the annexation is in excess of ten acres.
3. For annexation of parcels of ten acres or less, or for any size parcel if development exists on the
area being annexed prior to the annexation and provision of water rights or payment-in-lieu
pursuant to subsection A is provided at the time of annexation for the uses present on the site
at the time of annexation. Subsequent development is subject to the provisions of subsection A.
4. For additional development beyond one dwelling unit per lot for lots zoned residential within a
subdivision if water rights or payment-in-lieu is provided pursuant to subsection A prior to final
plat for at least one residential unit on that lot. Additional development requires compliance
with this section. A notice of restriction on future development in a form acceptable to the city
must be recorded with the Gallatin County Clerk and Recorder prior to the city granting a
waiver under this section.
5. For commercial, industrial and institutional uses, until final site plan approval or the issuance of
any building permit, whichever occurs first.
D. The city manager must adopt administrative procedures to implement this section. The director of
public works must adopt standards for the calculation of demand for water use. The unit cost for
payment-in-lieu must be established by commission resolution. The administrative procedures must
include but need not be limited to standards governing acceptance of water right transfers, and a
means to establish credits against the transfer of excess rights. The standards governing acceptance
of water right transfers may enable a deferral of payment-in-lieu, provided that the party obligated
for the payment-in-lieu executes a fee deferral agreement and related documents as approved by
the city attorney to be recorded at the Gallatin County Clerk and Recorder's office securing the
amount due.
E. The amount paid for a payment-in-lieu must be calculated using the per unit price in effect on the
date the payment-in-lieu of water rights is to be made to the city. The director of public works must
make proper distribution to the funds for which such payments are made of all money collected.
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38.420 Park & Recreation Requirements
Sec. 38.420.010. - General. (38.27.010)
Except as provided in 38.420.020.B, all subdivisions and residential developments subject to division
38.230 of this chapter, must comply with the provisions of this division 38.420. The purpose of this
division 38.420 is to comply with sections 76-2-304 and 76-3-621 MCA; to advance the city's adopted
plans for parks, trails and open space; to provide equal protection and treatment for different housing
types and review processes with similar impacts on demand for service; to advance public health by
encouraging and facilitating physical activity; and to address housing affordability.
Sec. 38.420.020. - Park area requirements. (38.27.020)
The requirements of this article are based on the community need for parks and the development
densities identified in the growth policy and this chapter.
A. The area required by this subsection must be provided as a land dedication unless an alternate
method of compliance is approved by the review authority.
1. When the net residential density of development is known, 0.03 acre per dwelling unit of land
must 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 must be met with a cash donation in-lieu of
the additional land unless specifically determined otherwise by the review authority.
b. If net residential density is in excess of eight dwellings per acre, the requirement for
dedication for that density above eight dwellings per acre must be met with a cash donation
in-lieu.
c. When developed as group quarters, such as group living or community residential facilities,
rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575
square feet per resident must be provided.
d. Land dedication or its equivalent must not be required for any dwelling units or group
quarters occupancy in excess of the following:
(1) For development within the R-1, R-2, and R-MH zoning districts, the maximum net
residential density must be ten dwelling units or 22.5 persons in group quarters per
acre.
(2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the
maximum net residential density must be 12 dwelling units or 27 persons in group
quarters per acre.
(3) For development within other zoning districts not previously specified and developed
for residential uses, the maximum net residential density must be 12 dwelling units or 27
persons in group quarters per acre.
2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be
provided as follows:
a. For initial subdivision or other development:
(1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required for six
dwelling units or 13.5 persons in group quarters per net acre.
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(2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential uses the
R-O zoning districts: an area equal to that required for eight dwelling units or 13.5
persons in group quarters per net acre.
(3) Within other zoning districts which are intended for residential development: the
equivalent to an area dedication for six dwelling units or 13.5 persons in group quarters
per net acre must be provided as cash-in-lieu.
b. For subsequent development when net residential density becomes known, the net
residential density per acre above the minimum established above must be rounded to the
nearest whole number and applied as shown in the following table. All prior provision of
parkland for the project site must count towards the maximum required dedication.
Table 38.420.020.A
Parkland Dedication Provisions
Zoning District
Required Dedication
per Dwelling
Maximum Required
Dedication per Acre Cash-in-Lieu Required
R-1, R-2, R-MH .03 acres or equivalent 10 dwellings Yes
R-3, R-4, R-5, R-O, and
REMU
.03 acres or equivalent 12 dwellings Yes
All other districts .03 acres or equivalent 12 dwellings Yes
Required area per person
Maximum required
dedication per net acre
Group quarters
575 square feet or
equivalent
27 persons Yes
3. Special case. The city has established chapter 38, division 380, to encourage the provision and
development of affordable housing. Reductions in required parkland dedication are established in
38.380.300. The reductions in parkland dedication to conform to division 38.380, may not
reduce the development's parkland requirements below the minimum established by MCA 76-3-
621.
B. Exceptions. Land dedication or its equivalent cash donation in-lieu of land dedication must not be
required for:
1. Land proposed for subdivision into parcels larger than five acres. Development of a parcel larger
than five acres may require parkland dedication pursuant to 38.420.020.C.
2. Subdivision into parcels which are all nonresidential.
3. A subdivision in which parcels are not created, except when that subdivision provides
permanent multiple spaces for recreational camping vehicles or manufactured homes.
4. A subdivision in which only one additional parcel is being created. Development of the additional
parcel may require parkland dedication pursuant to 38.420.020.C.
5. A development for which the required amount of parkland is shown to have already been
provided.
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6. Section 38.420.020.A.2 does not apply to subsequent site 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.
7. Development creating only one additional dwelling unit or increasing occupancy of group
quarters by no more than four persons.
C. Development of a lot previously exempted from park dedication must be reviewed pursuant to this
article. If the lot is no longer exempt from the park dedication requirement the development is
subject to 38.420.020.A.
D. To ensure coordination when parks are being created by a multiphase development, the entire
parkland dedication must be accomplished at the time of the initial phase of the development. If
necessary, this may be accomplished through the grant of public access easements during later
phases.
E. The following land is unacceptable for parkland dedication:
1. Required watercourse setbacks unless approved by the review authority for incorporation into
the design of the larger park area.
2. Stormwater retention or detention ponds, unless approved by the review authority and
designed and constructed to the city’s adopted standards for joint park/stormwater control use.
The city may accept such land for dedication to the city but must be maintained by the property
owners’ association unless and until responsibility is assumed by affirmative action of the city.
3. Land with a grade of 25 percent or greater, unless the city commission makes specific findings in
its favor as part of the adoption of a park master plan.
4. Other land such as landslides, rock falls, or subsidence areas, debris deposition areas,
environmentally contaminated areas, and land containing deteriorated structures or other public
or private nuisances, unless the review authority determines the hazards or excessive public
burdens can be eliminated or will be overcome by appropriate design and construction plans.
F. When land offered to the city for dedication as parkland exceeds the amount required, the
additional usable land may be dedicated to the city in the same manner and subject to the same
standards as minimum required areas.
H. Public Use. Land donated or dedicated to meet the requirements of this section must be provided
for public use. The developer must execute the appropriate public access easements on privately-
owned common land. The easements must be held by the city. The city's responsibilities for
parkland dedicated by easement must be the same as for fee simple parkland dedication.
Sec. 38.420.030. - Cash donation in-lieu of land dedication. (38.27.030)
A. The review authority may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. For the purposes of this section
construction of park improvements above the minimum improvements required by ordinance may
be allowed as a method of cash donation. When making this determination, the review authority
must consider the factors established by resolution of the city commission. The approval authority is
governed by section 38.200.010.
B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the
required cash donation may not exceed the proportional amount of the total required mitigation
not covered by the land dedication. Nothing in this section prohibits a developer from offering more
than the required minimum.
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C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land
that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved
land after it has been annexed and given a municipal zoning designation.
The city commission may adopt procedures to be used by the director of parks and recreation to
determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city’s
established fair market value per square foot times the amount of land required to be dedicated.
The city must periodically update the market value as deemed necessary to reflect changes in the
price of land. The valuation used for calculating the amount due will be the valuation in effect at the
time an application for final plat or final plan approval is complete.
1. Alternative. A developer may provide an alternate market valuation which complies with the
following:
a. The developer must provide an appraisal of the fair market value by a certified real estate
appraiser of their choosing and is responsible for the appraisal fee.
b. When a land value must be established for cash-in-lieu of land dedication to satisfy the
requirements of section 38.420.020, and the value of the land in an unsubdivided,
unimproved, but annexed and zoned condition cannot be reasonable determined, the
developer may provide an appraisal of residentially zoned property with a zoning designation
that allows the density of dwellings proposed for development.
c. The appraisal provided for the purpose of section 38.420.030 must 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
must be stated on the final plat or plan as appropriate.
E. Where a cash payment or construction of improvements has been accepted in-lieu of land
dedication, the city must record in the meeting minutes or other written decision why the
dedication of land for parks was undesirable.
F. Use of cash donations.
1. The city must use a cash donation for development or acquisition of parks to serve the
development.
2. The city 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.
Sec. 38.420.040. - Park use. (38.27.040)
As part of an individual park master plan, the developer must indicate the proposed use of the park as
active, passive, playground, ball field, etc. However, the final use of the park must be determined by the
review authority.
Sec. 38.420.050. - Location. (38.27.050)
A. General. The review authority, in consultation with the developer, recreation and parks advisory
board, and the planning board if applicable, may determine suitable locations for parks and
playgrounds. Parkland must be located on land suitable to and supportive of the activities and
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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.
B. Subarea or neighborhood plans. If a subarea or neighborhood plan has been adopted for the area,
the subdivision must comply with the subarea or neighborhood plan for the location of parks.
Sec. 38.420.060. - Frontage. (38.27.060)
A. Parkland, excluding linear trail corridors, must 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:
1. Necessary due to topography, the presence of critical lands, or similar site constraints; and/or
2. When the following elements are included:
a. When direct pedestrian access is provided to the perimeters without street frontage;
b. 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
c. 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.
The park in the left image is surrounded by streets on all four sides. The open spaces in the right image are bordered by
streets on one or two sides, but their configuration with a perimeter walkway and dwelling units facing the park/open
space are an acceptable design option.
Figure 38.420.060
Acceptable park frontages.
Sec. 38.420.070. - Linear parks. (38.27.070)
A. General. If consistent with the growth policy or citywide park plan, and if reviewed and approved by
the review authority, linear parks must be dedicated to the city to provide corridors for recreation
pathways as defined in section 38.420.110.
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1. Pathway corridors within required watercourse setbacks must not be dedicated to the city as
linear parks and such land may not be used to satisfy parkland dedication requirements. Instead,
cash donation in-lieu of land dedication credit must be granted only for the cost of constructing
Class II or III recreational trails if public access is provided. The developer must 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 must 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 must
be at least 25 feet in width.
C. Maintenance. These areas must be maintained in accordance with section 38.420.110.E until an
alternative method (e.g., a citywide parks maintenance district) of funding and maintaining the linear
park is established.
Sec. 38.420.080. - Park development. (38.27.080)
A. General. Developers must 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 must be developed in accordance with the
citywide park plan and any approved park master plan. At a minimum, all parks must be improved to
the following standards by the developer, prior to final plat or final occupancy approval as
appropriate:
1. Minimum required improvements to land dedications. The subdivider must level any park area,
amend the soil, seed disturbed areas to allow mowing with turf type mowers, and install an
underground irrigation system in compliance with city standards and specifications.
a. Parks must be seeded with drought tolerant grass seed unless approved otherwise in writing
by the park superintendent.
2. Irrigation. The developer must irrigate the park area until 50 percent of the subdivision lots or
condominium units are sold. Thereafter, the property owners’ association must be responsible
for park irrigation. The property owners' association may establish an improvement district to
collect assessments to pay for irrigation.
a. Wells must be used to irrigate parkland.
B. Boundaries. The park boundary bordering all private lots must be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no
less than two feet driven into the ground. Each post must be labeled with a permanent glued on sign
stating "Park Boundary" or "Property Boundary." Other forms of boundary marking may be
approved by the planning or other appropriate department.
C. Sidewalks. Sidewalks, when required within the development, must be installed by the developer at
points where the park borders or crosses public or private streets.
D. Stormwater detention/retention ponds. Stormwater retention or detention ponds may be located
within public parkland, but such areas do not count towards the parkland dedication requirement.
Any stormwater ponds located on parkland must be designed, constructed and/or added to so as to
be conducive to the normal use and maintenance of the park. Stormwater ponds may not be located
on private lots. Stormwater retention or detention ponds must be maintained by the property
owners’ association.
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E. Clean up required. All fencing material, construction debris and other trash must be removed from
the park area.
Sec. 38.420.090. - Waiver of park maintenance district. (38.27.090)
When required, the developer must sign, and file at the county clerk and recorder's office, a waiver of
right to protest the creation of a park maintenance district. The waiver must be filed with the final
subdivision plat, or recorded at the time of other final approval.
Sec. 38.420.100. - Waiver of required park dedication. (38.27.100)
A. The review authority may 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
division 38.420 is set aside by one of the following means:
1. The proposed development provides: long-term protection of critical wildlife habitat; cultural,
historical, archaeological or natural resources; agricultural interests; or aesthetic values.
2. 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.
3. 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.
a. These park or playground areas must be maintained by the property owners’ association.
4. 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.
a. The land being developed must be within the service area, as designated by an adopted
citywide park plan, of the dedicated parkland; and
b. The developer must dedicate the off-site parkland to the city; or
c. The developer must execute the appropriate public access easements on privately-owned
land. The easements must be held by the city. The city's responsibilities for parkland
dedicated by easement must be the same as for fee simple parkland dedication.
5. The developer provides land outside the development that affords long-term protection of
critical wildlife habitat; cultural, historical, archaeological 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 division 38.420.
6. A subdivider dedicates land to School District 7 to provide some or all of the land area required
by section 38.420.020. The area dedicated to the school district may be used for school facilities
or buildings, including but not limited to playgrounds or other recreational facilities. Any
dedication to the school district must be subject to the approval of the review authority and
acceptance by the board of trustees of School District 7.
a. In approving a dedication of land to the school district the review authority must make
affirmative findings that:
(1) Adequate public parkland already exists within the vicinity of the dedicating subdivision
to meet service standards established by the city's parks master plan;
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(2) The land is located within the city limits or within one mile of city limits;
(3) The school district has established a facility plan to demonstrate how the dedicated
property will be utilized;
(4) The school district's facility plan must describe any coordination intended for joint use
of the property by the school district and the city; and
(5) The option for cash-in-lieu of land described in section 38.420.030 must not be used in
place of a land dedication to the school district.
b. It must 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 must revert to the city to be used for park
purposes. The land must 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 section
38.420.080.
7. 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 parkland 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 must issue an order waiving the land dedication and cash
donation requirements for the subsequently developed area.
B. Section 38.420.020 requires mitigation of recreational impacts, usually by dedication of land for
parks. Under defined circumstances in this section the required dedication may be waived.
However, the underlying issue of mitigating recreational impacts must be addressed. If an application
provides one or more of the alternatives under Paragraph A of this section then the required
mitigation has been partially provided. To complete the mitigation, the alternative to land dedication
must allow public access. The developer must execute the appropriate public access easements in a
form acceptable to the city attorney prior to final approval of the development. The easements must
be held by the city.
Sec. 38.420.110. - Recreation pathways. (38.27.110)
A. General. Developers must install pathways in accordance with this chapter, the growth policy, the
most recently adopted long-range transportation plan, any adopted citywide park plan, and any
adopted individual park master plan, and must comply with City of Bozeman Design Specifications.
B. Pathway categories. The development review committee (DRC) is responsible for determining
whether a pathway is a transportation pathway or a recreation pathway. For subdivision proposals,
this determination must be made during the pre-application process.
1. Recreation pathways. The review authority may require developers to install recreation
pathways and/or to provide recreational and physical fitness opportunities within the
development as part of the required development improvements. Recreation pathways include
the following:
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 topography;
d. Pathways located within parks; and
e. Class II and III trails.
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2. Transportation pathways. For the definition of transportation pathways, see section 38.400.110.
C. Related facilities. If pathways are proposed or required, stream crossings and other similar
improvements, where necessary, must be installed. Bridge design and construction must comply
with city specifications and standards, and must be submitted to the community development
department for review and approval. Any necessary permits for bridges must be obtained by the
developer from the appropriate agency prior to installation of the stream crossings.
D. Trail requirements. The class of the trail must be determined by the review authority and the trail
must 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 must be submitted to the planning and parks departments for review and approval
prior to installation.
E. Pathway maintenance. Recreation pathways within the proposed development must 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 is responsible for
maintenance. The property owners’ association may 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 must be provided. Public access easements for pathways must be at least 25 feet
wide.
G. Linear parks. Corridors for recreation pathways may be dedicated to the city in accordance with
section 38.420.070.
H. Park and pathway development frontages. All developments adjacent to existing or planned trails or
parks are subject to the block frontage standards of 38.510.030.I (trail/park frontages).
Adjacent dwelling units in both examples face the pathway/open space and feature a direct pedestrian connection to
the pathway/open space.
Figure 38.420.110
Acceptable park and pathway development frontages.
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38.430 Planned Unit Developments
Sec. 38.430.010. - Intent. (38.20.010)
A. 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 design of
development projects within the city. Specifically, with regard to the improvement and protection of
the public health, safety and general welfare, it is the intent of this chapter to promote the following
community objectives:
1. To ensure that future growth and development occurring within the city is in accord with the
city's adopted growth policy, its specific elements, and its goals, objectives and policies;
2. 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
citizens of the city area;
3. To foster the safe, efficient and economic use of land, transportation and other public facilities;
4. To ensure adequate provision of public services such as water, sewer, electricity, open space
and public parks;
5. To avoid inappropriate development of lands and to provide adequate drainage, water quality
and reduction of flood damage;
6. To encourage patterns of development which decrease automobile travel and encourage trip
consolidation, thereby reducing traffic congestion and degradation of the existing air quality;
7. To promote the use of bicycles and walking as effective modes of transportation;
8. To reduce energy consumption and demand;
9. To minimize adverse environmental impacts of development and to protect special features of
the geography;
10. To improve the design, quality and character of new development;
11. To encourage development of vacant properties within developed areas;
12. To protect existing neighborhoods from the harmful encroachment of incompatible
developments;
13. 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;
14. To promote the efficient use of land resources, full use of urban services, mixed uses,
transportation options, and detailed human-scale design; and
15. To meet the purposes established in section 38.100.040.
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Sec. 38.430.020. - Application and uses of a planned unit development. (38.20.020)
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 must conform to 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 city growth
policy and relevant criteria in section 38.430.090.E and are not prohibited elsewhere in this chapter.
B. All planned unit developments must consist of a harmonious arrangement of lots, uses, buildings,
parking areas, circulation and open spaces. All planned unit developments must be designed as an
integrated unit, in such a manner as to constitute a safe, efficient and convenient development.
C. Any planned unit development is considered as a conditional use within the zoning district in which
it is to be located.
D. All planned unit developments must complement or be harmonious with existing adjacent
development.
Sec. 38.430.030. - Special conditions of a planned unit development. (38.20.030)
A. The following special conditions apply to any planned unit development:
1. Single ownership. The tract or parcel of land involved must be either in one ownership or the
subject of an application filed jointly by the owners of all the property to be included.
2. Title holdings. The approved final plan must specify the manner of holding title to areas and
facilities of joint use and how areas of joint use must be maintained. Normally such areas and
facilities must be retained in title by the developers or deeded to an organization composed of
all owners in the development meeting the requirements of section 38.220.190.
3. Reserved.
4. Use of general building and development standards.
a. All planned unit developments must be reviewed against the development standards
established in this chapter. 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 chapter may be granted by the review authority after considering the
recommendations of the applicable review bodies established by this chapter. The PUD
application must 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.
b. All requested deviations, waivers of submittal requirements and other relaxations of
regulatory requirements must 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 implement other
curative actions.
c. The review authority must make a determination that the deviation will produce an
environment, landscape quality and character superior to that produced by the existing
standards of this chapter, and which will be consistent with the intent and purpose of this
division 38.430, with the adopted goals of the city growth policy and with any relevant
adopted design objectives plan. Upon deciding in favor of the deviation request, the review
authority may grant deviations, above or below minimum or maximum standards respectively
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as established in this chapter, including the complete exemption from a particular standard. If
the review authority 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 chapter, and which will be consistent with the intent and purpose of this
division 38.430 and with any relevant design objectives plan, then no deviation will be
granted.
5. Establishing additional standards. In addition to the general building and development standards,
the city has the right to establish general design standards, guidelines and policies, for the
purpose of implementing and interpreting the provisions of this division 38.430.
6. Conformance to sign code. All signs proposed in conjunction with a planned unit development
must comply with division 38.560 of this chapter. All signage must be approved as part of the
PUD and must be designed as an integral element of the overall planned unit development.
Approval of signs within a planned unit development rests upon a determination by the city
commission, as provided by the specific proposal, that the intent of the sign regulations is
achieved. The review authority may approve a deviation for signs which do not comply with
division 38.560 of this chapter.
Sec. 38.430.040. - Planned unit development review procedures and criteria. (38.20.040)
A. When a subdivision is proposed in conjunction with a zoning planned unit development, the
subdivision review must be coordinated with the zoning review. All steps listed in this section apply
whether the application is for a subdivision or zoning PUD, and references herein to plan includes
plat unless the context clearly indicates otherwise. Approval of a planned unit development consists
of three procedural steps: pre-application, preliminary plan, and final plan. All subdivision PUDs must
also meet all standards for plats.
1. Pre-application review.
a. A pre-application review is mandatory for all planned unit development proposals.
b. A pre-application must be submitted for review and discussion with the DRC, DRB, 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.
c. Pre-application review procedures. Pre-application review meetings will be held by the DRC
and DRB and will provide guidance for planned unit development applications. The general
outline of the planned unit development proposal, presented as graphic sketch plans, must be
submitted by the applicant to the community development department at least ten days prior
to the meeting of the review bodies. The outline must be reviewed by the DRC and DRB.
Thereafter, the community development department must 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.
2. Preliminary plan review. Sufficient information must 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 advisory bodies and review authority. 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.
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a. Application process. Upon completion of pre-application review and receipt of the
community development department's comments on the pre-application, an application for
preliminary plan approval may be filed with the community development department.
b. Public hearings and meetings. Notice of public hearings and/or public meetings for any
preliminary plan application must be provided in accordance with division 38.220 of this
chapter.
c. Review criteria. In order to approve an application for a planned unit development the city
commission must determine that the application is in conformance with all applicable
standards, objectives and criteria of this chapter unless an appropriate deviation is granted.
d. Recommendations. The DRC and DRB must recommend the approval, conditional approval
or denial of the preliminary plan to the review authority and must include in such
recommendation the basis upon which such recommendation was determined.
e. 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 must issue a written record of its decision to discuss and weigh the
review criteria and standards applicable to the PUD.
3. 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 3.d of this
section, and must be reviewed by DRC and ADR staff and approved by the review authority.
a. Application process. Upon approval or conditional approval of a preliminary plan and the
completion of any conditions imposed in connection with that approval, an application for
final plan approval may be submitted.
b. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan
must comply with the approved preliminary plan. This means that all conditions imposed by
the city commission as part of its approval of the preliminary plan have been met and:
(1) The final plan does not change the general use or character of the development;
(2) The final plan does not increase the amount of improved gross leasable nonresidential
floor space by more than five percent, does not increase the number of residential
dwelling units by more than five percent and does not exceed the amount of any density
bonus approved with the preliminary plan;
(3) The final plan does not decrease the open space and/or affordable housing provided;
(4) The final plan does not contain changes that do not conform to the requirements of this
chapter, excluding properly granted deviations, the applicable objectives and criteria of
section 38.430.100, or other objectives or criteria of this chapter. The final plan must
not contain any changes which would allow increased deviation/relaxation of the
requirements of this chapter; and
(5) The final plat, if applicable, does not create any additional lots which were not reviewed
as part of the preliminary plan submittal.
c. Final plan approval. The final plan may be approved if it conforms to the approved preliminary
plan in the manner described above. Prior to final plan approval, the review authority may
request a recommendation from the DRB, DRC, ADR staff, or other entity regarding any
part of a proposed final plan. If a final plat is part of the final plan submittal, the review
authority per section 38.200.010 is responsible for approval of the final plat.
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(1) Final plats associated with a PUD must comply with the requirements of sections
38.240.110 and 38.220.070.
d. Amendments to final plan. Issuance of building permits and other development approvals are
based on 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:
(1) Minor changes.
(a) Minor changes to a planned unit development may be approved administratively and
in writing, whereupon a permit may be issued. Such changes may be authorized
without additional public notice at the discretion of the review authority. This
provision does not prohibit the review authority from requesting a recommendation
from the DRB, DRC, ADR staff or other entity.
(b) Minor changes are defined as follows:
(i) Those developments that do not change the character of the development;
(ii) An increase of less than five percent in the approved number of residential
dwelling units;
(iii) An increase of less than five percent in the approved gross leasable floor areas
of retail, service, office and/or industrial buildings;
(iv) A change in building location or placement less than 20 percent of the building
width without compromising requirements of the UDO;
(v) An increase in the number of lots less than two percent without increasing the
density by more than five percent. This is applicable only to zoning PUD plans,
not subdivision PUD plats;
(vi) A final plan which does not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and/or
(vii) A final plat, if applicable, which does not create any additional lots which were
not reviewed as part of the preliminary plan submittal.
(c) When a planned unit development has been prepared in sufficient detail to address
the concerns of division 38.230 of this chapter 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 initial submittal and review of the PUD.
(2) Major changes.
(a) Major changes to a planned unit development must follow the same planned unit
development review and public notice and comment process required for approval
of preliminary plans. The final plan must not contain any changes which would allow
increased deviation/relaxation of the requirements of this chapter without being
individually noticed and reviewed for the proposed change.
(b) Major changes are defined as follows:
(i) A change in the character of the development;
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(ii) An increase of greater than five percent in the approved number of residential
dwelling units;
(iii) An increase of greater than five percent in the approved gross leasable floor
areas of retail, service, office and/or industrial buildings;
(iv) A reduction in the approved open space and/or affordable housing units
provided;
(v) A change in the location and placement of buildings; and/or
(vi) 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.
Sec. 38.430.050. - Plan submittal requirements. (38.20.050)
For each stage of the review process, the applicable information and data described in division 38.220 of
this chapter must be submitted unless the DRC 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 community development 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 community development
department must be used to coordinate submittal materials and prevent redundant requirements.
Sec. 38.430.060. - Duration of planned unit development approval. (38.20.060)
A. Duration of preliminary plan approval. The provisions of this subsection A 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 must
file with the community development department a final plan in detailed form covering the
entirety, or one or more phases, of the development.
2. Upon application and in accordance with the standards of section 38.230.160.F, the community
development director may administratively extend the period for filing a final plan for six-month
periods. The granting of administrative extensions under this section may, at the discretion of
the community development director, be referred to the city commission.
3. If no final plan is filed covering all or any portion of the preliminary plan within the above time
limits, the right to proceed under the preliminary plan will expire for any portion of the
preliminary plan for which a final plan has not been timely filed.
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, streetlights, fire hydrants and storm drainage) are installed and completed in accordance
with city rules and regulations. Extensions for periods of not more than one year may be
administratively granted by the community development director in accordance with the
standards of section 38.230.160.F. The granting of administrative extensions under this section
may, at the discretion of the community development director, be referred to the city
commission.
2. A request for extension of final approval under this section must be submitted to the
community development director in writing by the applicant at least 30 days prior to the date of
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expiration. Failure to submit a written request within the specified time period will cause
forfeiture of the right to extension of final approval. Failure to construct the development and
implement improvement requirements within the specified time limit will cause a forfeiture of
the right to proceed under the final plan and require resubmission of all materials and re-
approval of the same through the preliminary plan procedures.
3. The timing of all extensions of final plan approval must 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 in
section 38.430.070.
Sec. 38.430.070. - Phasing of planned unit developments. (38.20.070)
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 must follow procedures established for pre-application review as outlined in this
division 38.430. After pre-application review is completed, phased PUDs may be proposed in
accordance with one of the following procedures:
1. Application for simultaneous approval of all phases of the PUD.
a. Where all phases of a PUD are planned in detail, an application for approval of all phases of
the PUD may be made in accordance with preliminary plan review and approval procedures
outlined in this division 38.430. In such cases, preliminary plans and all required supplemental
information must clearly set forth phased development boundaries, schedules and other
details pertaining to the phasing of the project.
b. Upon approval of the preliminary plan for all phases of the PUD, each phase of the
development may occur in accordance with the review and approval procedures for final
plans as specified in this division 38.430.
2. Application for approval of initial phase of the PUD with subsequent phases master planned and
subject to development guidelines. Where the applicant wishes to gain preliminary and final
approval for the initial phase of a PUD, and further wishes to gain master plan and development
guidelines approval for subsequent phases of the PUD, preliminary and final plan review and
approval procedures for the initial phase must be followed in accordance with this division
38.430. A master plan and development guidelines for the remaining phases of the development
must be provided for review and approval as outlined in subsection B of this section.
B. Phased PUD approval process. Master plans and development guidelines will be reviewed and
approved according to the procedures established for preliminary plans as set forth in this division
38.430. When a master plan and development guidelines for a phased PUD have been reviewed and
approved by the review authority, each phase of the PUD may be developed in accordance with the
review and approval procedures set forth in this division 38.430 for final plan reviews.
C. Phased PUD review criteria.
1. The review criteria for phased preliminary and final PUDs is the same as that for PUDs as set
forth in this chapter.
2. In those cases where master plans and development guidelines are proposed to govern the
development of future phases of the PUD, the review authority must determine that the
proposed master plan and development guidelines 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.
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3. DRB or ADR staff, as applicable, and DRC must review preliminary and final plans, for those
phases of a PUD which have an approved master plan and development guidelines, for
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 division 38.250.
D. Phased planned unit development submittal requirements.
1. Master plan submittal requirements. Master plans for phased PUDs must consist of a detailed
site plan depicting:
a. Existing conditions for the entire phased PUD as required by section 38.220.120.A.2 and 3;
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 division
38.430.
2. Development guidelines submittal requirements. Development guidelines for phased PUDs must
be submitted to the community development director as detailed in application forms.
Development guidelines for phased PUDs must contain the information as is required by the
evaluation of the pre-application review as outlined in this division 38.430. 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, location, design, illumination, size and height;
e. Perimeter buffering guidelines with specific regard to adjoining land uses;
f. Landscaping guidelines, including a description of the landscaping theme in relation to the
streetscape, the buildings on site, and any proposed signage, open space treatment, parking
and circulation areas, display areas and screening;
g. Design guidelines for outdoor storage and/or display;
h. Protective covenants which may include requirements, property owners' association
provisions, provisions for maintenance, etc.;
i. Parking: guidelines for design, provision for shared facilities, circulation between lots,
coordination with sidewalk system, and service areas;
j. Dimensional requirements: building heights, setbacks (interior and perimeter), open space,
etc.;
k. Lighting;
l. Architectural guidelines;
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m. Provisions for utilities, communications and refuse;
n. Guidelines for noise, emissions, glare, hazardous materials, etc.; and
o. Improvements schedule.
E. Open space provisions for phased PUD developments. If a project is to be built in phases, each
phase must 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 section 38.430.090.E.2. The appropriate share of the amenities for each phase must
be determined for each specific project at the time of preliminary approval and may 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.
F. Final plans for phased PUD developments. Final plans for a planned unit development may be
submitted in phases. The final plan must conform to the preliminary plan of a planned unit
development, as approved.
G. 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.
Sec. 38.430.080. - Enforcement of approval requirements and conditions. (38.20.080)
The failure to comply with any of the terms, conditions of approval or limitations contained on the site
plan, landscape plan, building elevations, other approved documents, or other element pertaining to a
planned unit development which has received final approval from the city may subject the applicant or
current landowner to the enforcement remedies contained in section 38.200.160.
Sec. 38.430.090. - Planned unit development design objectives and criteria. (38.20.090)
A. General. For any planned unit development proposal to be approved it must first be found, by the
review authority, after recommendation from the DRC, DRB or WRB (if applicable), to be in
compliance with this chapter 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 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.
3. 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 groups of objectives and criteria against
which planned unit developments are reviewed.
C. Evaluation process. The acceptability and performance of a planned unit development proposal will
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
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"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 review authority. An objective or criterion is
applicable if it can reasonably be applied to the development proposal. The applicant must 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 must be effectively
mitigated in the planned unit development plan, 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 must provide the
necessary buffer to any reasonable future use as determined by the city.
3. The second use to develop must, at the time it develops, take all additional steps necessary to
mitigate conflicts.
4. 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 lies exclusively with the
planned unit development proposal.
E. Design 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 chapter.
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.
a. All development. All land uses within a proposed planned unit development must comply
with the applicable objectives and criteria of the mandatory "all development" group.
(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?
(5) Are the elements of the site plan (e.g., buildings, circulation, open space and landscaping,
etc.) designed and arranged to maximize the privacy of residents of the project?
(6) Parkland. 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 parkland or
open space been provided for each proposed dwelling as required by section
38.420.020?
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(7) Performance. All PUDs must earn at least 20 performance points. Points may be earned
in any combination of the following. The applicant must 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 will perform
adequately.
(a) Provision of affordable housing. Exclusive of housing used to satisfy division 38.380:
(i) Five points for each percent of dwellings to be constructed in the residential
development which are provided by donation to the city or non-profit
Community Housing Development Organization; or three points for each build-
ready lot donated to the city or non-profit Community Housing Development
Organization for affordable housing provided by a residential or nonresidential
development; or
(ii) Three points 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 ongoing affordability pricing and eligibility monitoring, and annual
re-certification. The city's affordability guidelines and subsequent revisions
establish affordability and eligibility,
(b) Additional open space.
(i) One point for each percent of the project area that is provided as non-public
open space; or 1¼ points for each percent of the project area that is provided
as publicly accessible open space.
(ii) The portion of the project to be considered in determining the size of area to
be provided for open space will be the gross project area less areas dedicated
and transferred to the public, and/or used to meet the parklands requirements
of subsection E.2.a.(6) of this section. The area provided for open space must be
exclusive of setbacks on individually owned lots and interior parking lot
landscaping, and subject to the performance standards of division 38.420 of this
chapter. The area may be provided through a combination of one or more of
the following means:
(A) Open space within the project boundaries and commonly held by the
property owners’ association for the use of owners, residents and their
guests;
(B) Open space within the project boundaries and developed as usable
recreation space with a corresponding public use easement;
(C) 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
residents;
(D) Cash-in-lieu of open space subject to the standards of section 38.420.030;
or
(E) Open space outside of the project boundaries adequate in size and location
to meet the recreational needs of the residential development. The site is
subject to the standards of division 38.420 of this chapter and must
demonstrate a geographic and service relationship to the residential
development.
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(c) Adaptive reuse of historic buildings. Two points for each ten 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 ten percent of total commercial and/or 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 one-third of the performance points required to
be earned.
(d) Underutilized and brownfield sites. One point for each 50 percent increase in the
total square footage of commercial and/or industrial floor area on underutilized
sites; one point for each 50 percent increase in the total number of dwelling units
on underutilized sites; one point for each acre developed of the environmentally
contaminated land; up to a total of one-third of the performance points required to
be earned.
(e) Designed to meet LEED-ND and be conditionally approved or have pre-certification
by the authority (15 points).
(f) Inclusion of a low impact development plan (6 points) that includes the following:
(i) On-site stormwater treatment systems that exceed the requirements of chapter
40, article 4, Stormwater, including but not limited to: incorporating drainage
methods and technologies that treat, detain and/or infiltrate stormwater as
close as possible to the source of run-off and the use of natural drainage
systems across sites, rather than underground closed-pipe systems to the extent
feasible. Natural drainage systems reduce the negative impacts of stormwater
runoff by redesigning residential streets to take advantage of plants, trees, and
soils to clean runoff and manage stormwater flows. Vegetated swales,
stormwater cascades, and small wetland ponds allow soils to absorb water,
slowing flows and filtering out many contaminants.
(ii) The low impact development plan must be integrated with the snow storage
and management plan.
(iii) At least 75 percent of new planting should be chosen from the list of Drought
Tolerant Plants & Xeriscaping in Montana (2010), produced by the Montana
Nursery & Landscape Association, or approved/updated equivalent list approved
by the city. Any species listed as noxious or invasive in the state must be
avoided.
(iv) Inclusion of weather-based irrigation controllers.
(v) Limitations in the covenants or design guidelines on the amount and type of sod
permitted.
(g) Sustainable design and construction. (6 points)
(i) Covenants or design guidelines that include a commitment to design the
majority of buildings to meet LEED certification requirements or approved
equivalent certification approved by the City of Bozeman. Equivalent
certification programs will also be considered during preliminary PUD review.
(ii) Energy use reduction. Residential covenants or design guidelines must include a
commitment to build third party certified homes, which meet guidelines that
make them at least 20 percent more efficient than standard homes.
Nonresidential covenants and design guidelines must include a commitment to
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build and certify buildings that meet the EPA's Energy Star challenge or
approved equivalent program. Equivalent programs will also be considered
during Preliminary PUD review.
(iii) Water use reduction. Covenants or design guidelines must include a
commitment to use EPA's WaterSense certified products for all kitchen,
bathroom and irrigation hardware. Equivalent programs will also be considered
during preliminary PUD review.
(iv) Provision of solar, wind or other alternative energy sources or participation in
an approved cash-in-lieu program. A coordinated and detailed plan on how the
development will address this component must be submitted.
(h) Integrated and coordinated way-finding measures beyond minimum requirements
within the overall project (4 points).
(i) On-site recycling transfer station (4 points).
(j) Public transportation bus station or enhanced covered bus stop. (One point per
station or enhanced stop.)
(k) Streetscape improvements (6 points): Streetscape design features that exceed the
minimum street standards including street furniture, pedestrian lighting, low-impact
development techniques, on-street parking standards, crosswalks, landscape and
planting, way-finding, public art or other design elements. Such elements must be
installed as part of the street infrastructure.
(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-1, R-2, R-3, R-4, R-5, 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. For purposes of this section, "limited commercial
development" means uses listed in the B-1 neighborhood service district (division 38.310 of
this chapter), 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. The permitted number of residential dwelling units must be
determined by the provision of and proximity to public services and subject to the following
limitations and considerations:
(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 city growth policy?
(2) Does the project provide for private outdoor areas (e.g., private setbacks, 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?
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(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 designed to enhance the natural environment, conserve energy and
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 division 38.310 of this chapter, does the
proposed project exceed the established regulatory design standards and ensure
compatibility with adjacent neighborhood development? The number of dwelling units
obtained by the density bonus is 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 must be provided within the project.
Those dwellings subject to division 38.380, must be excluded in the base density upon
which the density bonus is calculated.
(7) 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, B-2M, B-3 and UMU
zoning districts) may include either commercial or multi-household development; however,
adequate but controlled access to arterial streets is required. Activities may include a broad
range of retail and service establishments designed to serve consumer demands of the city
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 city 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-1, M-2, BP and NEHMU
zoning districts) may include employment, wholesaling, manufacturing and utility centers for
the community. The particular types or combination of uses are determined based upon its
merits, benefits, potential impact upon adjacent land uses and the intensity of development.
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(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 must be located along the
arterial streets, where visibility to the public is likely? More intense uses such as heavy
industrial uses and warehousing activities must 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?
e. Mixed use. Planned unit developments in mixed-use areas (REMU, UMU, and NEHMU zoning
districts) may include commercial, light industrial, residential and mixes of various primary
and accessory uses. The particular types or combination of uses are determined based upon
its merits, benefits, potential impact upon adjacent land uses and the intensity of
development.
(1) Is the project substantially consistent with the intent and purpose statements for the
underlying zoning district?
(2) Is the project located adjacent or within proximity to an arterial or collector street that
provides adequate access to the site?
(3) Is the project on at least two acres of land?
(4) 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, streetscape, etc.?
(5) Does the overall project achieve or exceed the FAR "floor area ratios" envisioned for
the underlying district?
(6) Is it compatible with and does it reflect the unique character of the surrounding area?
(7) 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?
(8) Does the project encourage infill, or does the project otherwise demonstrate
compliance with the land use guidelines of the Bozeman growth policy?
(9) Does the project provide for outdoor recreational areas (such as urban plazas,
courtyards, landscaped areas, open spaces, or urban trails) for the use and enjoyment of
those living in, working in or visiting the development?
(10) Does the project provide for private outdoor areas (e.g., private setbacks, patios and/or
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?
(11) Does the project provide for outdoor areas for use by persons living and working in the
development for active or passive recreational activities?
(12) Is the overall project designed to enhance the natural environment, conserve energy and
provide efficient public services and facilities?
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(13) If the project is proposing a residential density bonus as described below, does it include
a variety of housing types and urban styles designed to address community-wide issues
of affordability and diversity of housing stock?
(14) Residential density bonus. If the project is proposing a residential density bonus (30
percent maximum) above the residential density of the zoning district or building type
within which the project is located and which is set forth in division 38.310 of this
chapter, does the proposed project exceed the established regulatory design standards
(such as for setbacks, off-street parking, open space, etc.) and ensure compatibility with
adjacent neighborhood development? The number of dwelling units obtained by the
density bonus is 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 must be provided within the project. Those dwellings
subject to division 38.380 must be excluded from the base density upon which the
density bonus is calculated.
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ARTICLE 5. PROJECT DESIGN
Article 5 Contents
Division 38.500 Introduction
Division 38.510 Block Frontage Standards
Division 38.520 Site Planning & Design Elements
Division 38.530 Building Design
Division 38.540 Parking
Division 38.550 Landscaping
Division 38.560 Signs
Division 38.570 Outdoor Lighting
38.500 Introduction
Sec. 38.500.010. – Purpose.
This article implements the Bozeman’s growth policy. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of development projects in
Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and beneficially
contributes to Bozeman’s character;
D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the
character of Bozeman’s neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City;
F Enhances the livability of Bozeman’s residential developments;
G. Maintains and enhances property values within Bozeman.
Sec. 38.500.020. – Applicability and compliance.
The provisions in this article apply to development. However, since each division within it addresses
different design and development elements, the applicability of each division is clarified at the beginning
of the division. For instance, some divisions may only apply to new commercial and multi-household
development, while individual sections in division 38.540 only apply to specific housing types.
A. Relationship to other codes and documents. Where provisions of this article conflict with
provisions in any other section of the UDC, this article prevails unless otherwise noted.
Relationship with other notable design provisions and guidelines:
1. For sites within the city's established neighborhood conservation overlay district, the provisions
of division 38.340 supersede the provisions of this article. However, the review authority may
apply the provisions of this article in the event of a conflict, where the review authority
determines that the provisions herein help new development better meet the purpose and
intent of neighborhood conservation overlay district per 38.340.010.
2. The director of community development will maintain a design manual to illustrate best
practices to implement the design standards of this chapter. The design manual is to assist
citizens and design professionals by providing visuals and illustrative examples of the intent of
the city’s guidelines and regulations.
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B. For building additions and remodels, three different thresholds have been established to gauge
how the project design standards in this article are applied to such projects. See Figure 38.500.020
below for examples of site development and the respective types of improvements required under
each of the three levels of improvements.
1. Level I Improvements include all exterior remodels, building additions, and/or site improvements
commenced within a three-year period (based on the date of permit issuance) that affect the
exterior appearance of the building/site and/or increase the building’s area by up to 20 percent.
The requirement for such improvements is that the proposed improvements meet the standards
and do not lead to further nonconformance with the standards. For example, if a property
owner decides to replace a building façade’s siding, then the siding must meet the applicable
exterior building material standards, but elements such as building articulation (see section
38.530.040) would not be required.
2. Level II Improvements include all improvements commenced within a three-year period (based
on the date of permit issuance) that increase the building’s area by more than 20percent, but
not greater than 50 percent. All standards that do not involve repositioning the building or
reconfiguring site development apply to Level II Improvements. For example, if a property
owner of an existing home in the B-2 zoning district wants to convert the home to an office and
build an addition equaling 45 percent of the current building’s area, then the following
requirements apply:
a. The location and design of the addition/remodel must be consistent with the block frontage
standards (division 38.510), which address building frontages, entries, parking lot location,
and front setback landscaping. For such developments seeking additions to buildings where
off-street parking location currently does not comply with applicable parking location
standards, building additions are allowed, provided they do not increase any current non-
conformity and generally bring the project closer into conformance with the standards (see
division 38.550, Parking).
b. Compliance with applicable site planning and design elements (division 38.520).
c. Compliance with all building design provisions of division 38.530, except architectural scale
and materials provisions related to the existing portion of the building where no exterior
changes are proposed. The entire building must comply with building elements/details,
materials, and blank wall treatment standards of section 38.540.070.
d. Compliance with the off-street parking, landscaping, signage, and lighting provisions of
divisions 38.550-580 that relate to proposed improvements.
3. Level III Improvements include all improvements commenced within a three-year period (based
on the date of permit issuance) that increase the building’s area by more than 50 percent. Such
developments must conform to all applicable standards. Site improvements are addressed in
38.230.150 and 38.230.160.
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Figure 38.500.020
Examples of site development and the respective types of improvements required under each of the three levels of
improvements.
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38.510 Block Frontage Standards
Sec. 38.510.010. – Introduction. (38.44.010)
A. Purpose.
1. To provide standards to implement the growth policy and applicable adopted subarea plans;
2. To design sites and orient buildings with an emphasis on compatible development and creating a
comfortable walking environment; and
3. To provide standards that recognize the need for a system of streets and block frontages.
B. Applicability.
The provisions of this division apply to all development within Bozeman, except single to four-
household dwellings in any configuration. Also:
1. For clarification on the relationship between the provisions in this division and other documents
and codes, see section 38.500.020.A.
2. For the application of building additions ,remodels and site improvements, see section
38.500.020.B.
3. For clarification on how the provisions of this division are applied, see section 38.500.030.
C. How to use this division. Since block frontage standards for individual properties depend on the
type of street that properties front onto, consider the following steps in using this division:
1. Determine the zoning of your property, then see 38.510.020 to find the block frontage type
designation for the street or streets fronting your property. For properties in residential zones,
the standards for Landscaped block frontages (see section 38.510.030.C) apply. For properties
in Industrial zones, see section 38.510.030.H. For properties that front onto multiple streets,
see provisions in section 38.510.030.K; and
2. Go to the appropriate code section in this division for the block frontage standards for
applicable block frontage type designation. Table 38.510.030.A includes a summary of the five
primary street frontage type designations along with links to the appropriate sections, the
intention for each block frontage designation, and key design/use provisions.
Sec. 38.510.020. – Community design framework maps and standards. (38.44.010)
A. About the maps. The maps, together with the block frontage standards in section 38.510.030, guide
the look and feel of development in commercial and multi-household areas throughout Bozeman
when viewed from the street. The provisions herein recognize that there is a hierarchy of different
streets and block frontage types ranging from pedestrian-oriented storefronts to arterial
streets/frontages that warrant greater flexibility in the design of frontages.
The block frontage standards address streetfront elements including:
1. Building location and orientation.
2. Parking lot location.
3. Window transparency.
4. Weather protection.
5. Landscaping.
The community design framework maps also identify high visibility street corner sites that warrant
special design treatment. Ultimately, these “form-based” provisions will help to reinforce existing
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and desired development patterns intended to implement the growth policy, including adopted
neighborhood plans.
B. All block frontages within residential zones are subject to landscaped block frontage provisions set
forth in section 38.510.030.C.
C. All block frontages within industrial zones are subject to the provisions of section 38.510.030.H.
D. The default block frontage for new or undesignated streets (such as those within annexed land) in
commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in
38.510.030.D),
E. The block frontage designations apply to development on both sides of the street except where
otherwise specified.
F. Changes to the block frontage designation for new and existing streets may be made through the
Community Design Framework Master Plan per section 38.510.030.L.
G. A reference map of approved community design framework master plans and default block frontages
is maintained by the Department of Community Development. The map is a visual representation of
the text of this section and is for illustrative purposes only.
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Sec. 38.510.030. – Block Frontage Standards. (38.44.010)
A. Summary chart. Table 38.510.030.A summarizes standards for each of the six designated block
frontage types. Specific standards for each of the block frontage types are set forth below:
Table 38.510.030.A
Summary of block frontage standards.
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B. Storefront block frontages.
1. Description/intent. Storefront block frontages are the most vibrant and active shopping and
dining areas within the city. Blocks designated as storefront blocks include continuous
storefronts placed along the sidewalk edge with small scale shops and/or frequent business
entries.
Figure 38.510.030.B
Storefront vision and key standards.
2. Standards. All development as set forth in UDC 38.510.010.B on sites containing a storefront
block frontage designation must comply with the following standards (on applicable block
frontages):
Table 38.510.030.B
Storefront block frontage standards.
Element
Standards
( refers to departure opportunities, see
subsection 38.510.030 below) Examples & Notes
Ground floor
Land use Non-residential uses specified in 38.10.020,
except for lobbies associated with residential
or hotel/motel uses on upper floors.
Floor to ceiling height 13’ minimum (applies to new buildings only).
Retail space depth 20’ minimum (applies to new buildings only),
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Table 38.510.030.B
Storefront block frontage standards.
Element
Standards
( refers to departure opportunities, see
subsection 38.510.030 below) Examples & Notes
Building
placement
Required at front property line/back edge of
sidewalk. Additional setbacks are allowed for
widened sidewalk or pedestrian-oriented
space (38.520.060.D).
Building
entrances
Must face the street. For corner buildings,
entrances may face the street corner.
Façade
transparency
At least 60% of ground floor between 30” and
10’ above the sidewalk for primary facades
and 40% of ground floor between 30” and 10’
above the sidewalk for secondary facades.
Display windows may count for up to 50% of
the transparency requirement provided they
are at least 30” in depth to allow for
changeable displays. Tack-on display cases do
not qualify as transparent window areas.
Window area that is glazed over or
covered in any manner that obscures
visibility into the storefront space shall
not count as transparent window area.
Weather
protection
Weather protection with 8-15’ vertical
clearance at least 5’ in average depth along at
least 60% of façade.
Retractable awnings may be used to meet
these requirements.
Parking location
Also see division
38.540 of this division
for related parking
requirements
New surface and structured parking areas
(ground floor) must be placed to the side or
rear of structures and are limited to 60’ of
street frontage.
Provide a 6’ minimum buffer of landscaping
between the street and off street parking
areas meeting the performance standards of
division 38.550.
Sidewalk width 12 feet minimum between curb edge and
storefront (area includes clear/buffer zone
with street trees).
Setbacks and utility easements must also be
considered and may result in a larger
minimum sidewalk width.
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3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative proposal
meets the intent of the standards, plus the following criteria:
a. RETAIL SPACE DEPTH: Reduced depths will be considered where the applicant can
successfully demonstrate the proposed alternative design and configuration of the space is
viable for a variety of permitted retail uses;
b. FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area
between ground level windows provides visual interest to the pedestrian and mitigates
impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches and
ten feet above the sidewalk may be approved with a departure;
c. WEATHER PROTECTION: Other proposed alternative design treatments must provide
equivalent weather protection benefits; and
d. PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and
quality of storefront area that is integrated with the development and the applicable parking
location departure. Plus, the alternative must include design features to successfully mitigate
the visual impact of additional parking areas along designated storefront streets.
e. SIDEWALK WIDTH: Alternative designs may be considered where topographical challenges
exist. Alternative designs must be able to accommodate safe and comfortable pedestrian
traffic anticipated for full block development.
C. Landscaped block frontages.
1. Description/intent. The landscaped block frontage designation emphasizes landscaped frontages
and clear pedestrian connections between buildings and the sidewalk. This designation applies
to all new and existing streets in applicable residential districts, plus includes residential based
streets and other streets in commercial/ mixed-use zoned areas where special landscaped
frontages are desired.
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Figure 38.510.030.C
Landscaped block frontage vision and key standards.
2. Standards. All development as set forth in UDC 38.510.010.B on sites containing a landscaped
block frontage designation must comply with the following standards (on applicable block
frontages):
Table 38.510.030.C
Landscaped block frontage standards.
Element Standards
( refers to departure opportunities,
see subsection 38.510.030 below)
Examples & Notes
Ground floor:
Land use See Tables 38.310.030-.040 for
permitted use details.
Building placement 10’ minimum front setback, except
where greater setbacks are specified in
the district in division 38.220..
See section 38.510.030.J for special design
provisions associated with ground level
residential uses adjacent to a sidewalk.
Building entrances Building entrances must be visible and
directly accessible from the street.
For uses that front on multiple mixed
designated block frontages, an entry
along both streets is encouraged, but
not required.
Façade transparency For buildings designed with ground
level non-residential uses, at least 25%
of the ground floor between 4’-8’
above the sidewalk.
For residential uses, at least 15% of the
entire façade (all vertical surfaces
generally facing the street).
Windows must be provided on all
habitable floors of the façade.
Window area that is glazed over or
covered in any manner that obscures
visibility into the storefront space shall
not count as transparent window area
Façade transparency example.
Weather protection Provide weather protection at least 3’
deep over primary business and
residential entries.
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Table 38.510.030.C
Landscaped block frontage standards.
Element Standards
( refers to departure opportunities,
see subsection 38.510.030 below)
Examples & Notes
Parking location
Also see division 38.540 of this
division for related parking
requirements
Parking must be placed to the side,
rear, below or above uses. For multi-
building developments, surface and
structured parking areas (ground
floor) are limited to no more than 50%
of the street frontage.
Private or shared garage entries must
occupy no more than 50% of façade
width.
Provide a 10’ minimum buffer of
landscaping between the street and off
street parking areas meeting the
performance standards of division
38.550 of this chapter.
New parking structures must feature
landscaped setbacks at least 10’ in
width.
Landscaping
Also see division 38.550 of this
division for related landscaping
standards
The area between the street and
building must be landscaped, private
porch or patio space, and/or
pedestrian-oriented space.
For setbacks adjacent to buildings with
windows, provide low level landscaping
that maintains views between the
building and the street.
Also provide plant materials that
screen any blank walls and add visual
interest at both the pedestrian scale
and motorist scale. For extended wall
areas, provide for a diversity of plant
materials and textures to maintain
visual interest from a pedestrian scale.
Example of low level landscaping that screens
foundation walls, provides visual interest, and
maintains views from dwelling units to the
street.
Sidewalk width 6’ minimum sidewalks are required
adjacent to arterial streets and public
parks and 5’ minimum width in other
areas, except the review authority may
require wider sidewalks in special
areas where called for in adopted plans
or where significant pedestrian traffic
is anticipated.
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a. BUILDING ENTRANCES. Block frontages with steep slopes and/or those facing busy
arterial streets and very limited pedestrian traffic may warrant some flexibility to this
standard (particularly in residential districts);
b. FAÇADE TRANSPARENCY: The proposed alternative design treatment of façade area
between ground level windows provides visual interest to the pedestrian and mitigates
impacts of any blank wall areas. No less than 40 percent of the façade between 30 inches
and ten feet above the sidewalk may be approved with a departure;
c. PARKING LOCATION: There must be an acceptable tradeoff in terms of the amount and
quality of storefront area that is integrated with the development and the applicable parking
location departure. Plus, the alternative must include design features to successfully mitigate
the visual impact of additional parking areas along designated landscaped streets.
D. Mixed block frontages.
1. Description/intent. The mixed block frontage designation serves areas that accommodate a
mixture of ground floor uses and allows a diversity of development frontages provided they
contribute to the visual character of the street and enhance the pedestrian environment.
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Storefront Landscaped Frontage
OR
Figure 38.510.030.D
Mixed block frontage options and standards.
2. Standards. All development as set forth in UDC 38.510.010.B on sites containing a mixed block
frontage have the option to comply with either the Storefront or Landscaped block frontage
provisions as set forth above, with the following modifications (on applicable block frontages):
Table 38.510.030.C
Mixed block frontage standards.
Element Standards
( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Building placement Buildings may be placed up to the
sidewalk edge provided they meet
storefront standards set forth
above.
See section 38.510.030.J for special design
provisions associated with ground level
residential uses adjacent to a sidewalk.
10’ minimum front setback for
other buildings, except where
greater setbacks are specified in
the district per division 38.220.
Façade transparency
Generally, the amount of
transparency of façades
depends on the use and
setback from the street.
Any storefront buildings on these
block frontages must meet the
storefront block frontage
transparency standards above.
Other buildings designed with
non-residential uses on the ground
floor within 10’ of sidewalk, at
least 40% of the ground floor
between 4’-8’ above the ground
level surface.
Window area that is glazed over or covered in
any manner that obscures visibility into the
storefront space shall not count as transparent
window area.
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Table 38.510.030.C
Mixed block frontage standards.
Element Standards
( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Other buildings designed with
non-residential uses on the ground
floor within 20’ of the sidewalk, at
least 25% of the ground floor
between 4’-8’ above the ground
level surface.
Residential buildings, at least 15%
of the entire façade (all vertical
surfaces generally facing the
street).
Windows must be provided on all
habitable floors of the façade.
Façade transparency example – non-residential use.
Façade transparency example - residential use.
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative proposal
meets the intent of the standards, plus the following criteria:
a. MINIMUM SETBACK: For residential uses, provide design treatments that create an effective
transition between the public and private realm. This could include a stoop design or other
similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
Figure 38.510.030.D.4
Stoop examples.
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E. Gateway block frontages.
a. Description/intent. The Gateway block frontage designation serves strategic areas fronted by
highways or other high visibility arterials that feature heavy vehicular traffic, but there is a desire
to provide attractive landscaped frontages, limit the extent of visible surface parking, and
accommodate the needs of pedestrians.
Figure 38.510.030.E
Gateway block frontage vision.
2. Standards. All development as set forth in UDC 38.510.010.B on sites containing the gateway
block frontage designation must comply with the landscaped block frontage provisions as set
forth above, with the following modifications:
Table 38.510.030.E
Gateway frontage standards.
Element Standards
( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Building placement The minimum setback for buildings
is 25’.
Building entrances At least one (publicly accessible
for commercial buildings) building
entrances must be visible and
directly accessible from the street.
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Table 38.510.030.E
Gateway frontage standards.
Element Standards
( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Parking location Surface and structured parking
must be placed to the side, rear,
below or above uses. For multi-
building developments, surface and
structured parking areas (ground
floor) are limited to no more than
60% of the street frontage.
3. Departure criteria. See subsection C.4 of this section for criteria.
F. Internal roadway storefront block frontages.
1. Description/intent. The Internal roadway storefront block frontage designation is intended to
apply to some existing commercial storefront areas that are located on internal roadways. This
designation intends to reinforce and enhance the storefront environment if and when changes
occur over time.
2. Standards. Development as set forth in UDC 38.510.010.B on sites containing the internal
roadway storefront block frontage designation must comply with the storefront block frontage
standards as set forth above, with the following modifications:
Table 38.510.030.F
Internal roadway storefront block frontage standards.
Element Standards
( refers to departure opportunities, see subsection 38.510.030 below)
Façade transparency At least 50% of ground floor between 30” and 10’ above the sidewalk.
Landscaping A planting strip with a tree must be integrated along the sidewalk every 50’ of lineal
frontage on average.
Sidewalk width 12’ minimum walking surface (landscape planter areas may not be counted in the
sidewalk width calculations).
3. Departure criteria. See subsection B.4 of this section for criteria.
G. Other block frontages.
1. Description/intent. All other block frontages in districts that are not designated in Community
Design Framework Maps are provided greater flexibility with regard to the design of
development frontages. These block frontages include a combination of side streets (where
most uses often front on other adjacent streets) and service oriented streets (often
characterized by industrial or service types of uses). While there is greater flexibility in the
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amount of transparency of façades and the location of surface and structured parking, design
parameters are included to ensure that development frontages along these streets provide visual
interest at all observable scales and meet the design objectives of the city.
2. Standards. All development as set forth in UDC 38.510.010.B with applicable block frontage
designations must comply with standards below:
Table 38.510.030.G
Other block frontage standards.
Element Standard
( refers to departure opportunities, see subsection 38.510.030 below)
Ground floor land use
Land use See Tables 38.310.030-.040 for permitted use details.
Building placement Where allowed in the applicable zoning district, buildings may be placed up to the
sidewalk edge provided block frontage standards herein are met (except where
otherwise noted herein).
10’ minimum front setback for other buildings, except where greater setbacks are
specified in the district per division 38.220.
See section 38.510.030.J for special design provisions associated with ground level
residential uses adjacent to a sidewalk.
Building entrances Building entrances facing the street are encouraged. At least one building entry visible
and directly accessible from the street is required. Where buildings are set back
from the street, pedestrian connections are required from the sidewalk.
Façade transparency For storefronts, at least 60% of ground floor between 30” and 10’ above the sidewalk
is required.
Other buildings designed with non-residential uses on the ground floor within 10’ of
sidewalk, at least 30% of the ground floor between 4’-8’ above the sidewalk.
Other buildings, at least 10% of the entire façade (all vertical surfaces generally facing
the street).
Window area that is glazed over or covered in any manner that obscures visibility into
the storefront space must not count as transparent window area.
Weather protection At least 3’ deep over primary business and residential entries.
Parking location
Also see division 38.540 of
this division for related
parking requirements
There are no parking lot location restrictions, except that a 10’ buffer of landscaping
between the street and off street parking areas meeting the performance standards of
division 38.550 of this division is required.
Landscaping
Also see division 38.550 of
this division for related
landscaping standards
The area between the street and building must be landscaped and/or private porch or
patio space.
For setbacks adjacent to buildings with windows, provide low level landscaping that
maintains views between the building and the street.
Also provide plant materials that screen any blank walls and add visual interest at both the
pedestrian scale and motorist scale. For extended wall areas, provide for a diversity of plant
materials and textures to maintain visual interest from a pedestrian scale.
Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block
frontage standards above. Otherwise, 6’ minimum sidewalks are required adjacent to
arterial streets and public parks and 5’ minimum width in other areas, except the
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Table 38.510.030.G
Other block frontage standards.
Element Standard
( refers to departure opportunities, see subsection 38.510.030 below)
review authority may require wider sidewalks in special areas where called for in
adopted plans or where significant pedestrian traffic is anticipated.
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative proposal
meets the intent of the standards, plus the following criteria:
a. MINIMUM SETBACK. Provide design treatments that create an effective transition between
the public and private realm. This could include a stoop design to other similar treatments
that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
b. FAÇADE TRANSPARENCY. The design treatment of a façade and/or landscape element
provides visual interest to the pedestrian and mitigates impacts of any blank wall area.
H. Block frontages in the industrial zones are subject to the standards for “Other” streets as set
forth in subsection G above except:
1. Minimum front setback provisions of division 38.320 supersede the building location provisions
set forth in subsection G.2 of this section.
2. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be
at least 20 feet in depth and are encouraged to meet the landscaping standards of division
38.550. Departure: Reductions in the landscaping frontage may be considered for low volume
and low visibility streets entirely within the industrial zone. Land uses with a higher density of
employees warrant standard landscaping and pedestrian access provisions.
I. Trail/ Park frontages. Where a property fronts onto a park or a public trail, such frontages must
comply with the mixed block frontage standards set forth in subsection D of this section. For non-
residential developments/uses where the review authority determines that an orientation to the trail
would not be appropriate based on the context of the site, the development must be subject to the
standards for “other block frontages” set forth in subsection G above, with a minimum building
setback of 20 feet from the applicable park/trail right-of-way, easement, or property line.
The development in the left image includes a courtyard that orients towards the trail. The low fence allows
visibility between the uses, yet divides public and private space in an acceptable manner. The right image
illustrates an active commercial use fronting on the trail.
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Figure 38.510.030.I
Park/trail frontage examples
J. Special residential block frontage standards along sidewalks and internal pathways. For
residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or
mixed use development, the building must feature at least one of the public/private space transition
elements described below. The objective of this standard is to ensure privacy and security for
residents, and an attractive and safe pathway that complements the qualities of adjoining residences
within a residential complex.
1. Raised deck or porch option. Provide at least a 60 square foot porch or deck raised at least one
foot above grade. The porch or deck must be at least six feet deep, measured perpendicular to
the building face. (The deck may be recessed into the unit floor plan so that deck does not
extend from the building face a full six feet.) A low fence, rail or hedge, two feet to four feet
high, may be integrated between the sidewalk or internal pathway and deck or porch.
2. Front setback options. Provide a minimum ten-foot setback between the sidewalk or internal
pathway and the face of the residence. Design options for the front setback:
a. Landscaped area, meeting the provisions of division 38.550.
b. Semi-private patio space screened by a low fence or hedge (see section 38.350.060).
3. Raised ground floor. If the residence’s ground floor is a minimum of three feet above the grade
adjacent to the building, then the landscaped area in option 2 above may be reduced to four feet
wide (except where greater setbacks are specified for the applicable zoning district in division
38.320).
Other transition design measures that adequately protect the privacy and comfort of the
residential unit and the attractiveness and usefulness of the pathway at least as effectively as
options 1 through 3 above.
See Figure 38.510.030.J below for examples of the above treatments.
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The upper left image uses a low fence and landscaped setback. The right images use landscaped terraces and
elevated ground level units. The lower left image uses a landscaped berm between the pathway and semi-
private open space.
Figure 38.510.030.J
Acceptable public/private transitional space design between sidewalk or
pathways and ground level residential units.
K. Where a property fronts onto multiple streets/frontage designations. Where a property
fronts onto more than one street and each street has a different frontage designation, each building
frontage must comply with the standards for the block frontage upon which it fronts, with the
following clarifications:
1. Where a conflict exists between frontage standards, the review authority will apply the
standards of a block frontage pursuant to the following order of preference:
a. Storefront;
b. Mixed;
c. Landscaped; then
d. Other.
Items 2-5 below clarify how the order of preference works for particular frontage elements.
2. Building Location: For corner sites with landscaped block frontage on one street and storefront
or mixed on another, a storefront frontage may wrap around the corner (on the landscaped
block frontage side) for up to a half block or no more than 120 feet (whichever is more).
3. Entrances: For corner sites, entrances on both streets are encouraged, but only one entrance is
required. For corner sites with a storefront block frontage on one side, an entrance must be
placed on the storefront block frontage side. For corner sites with a mix of designations that do
not include a storefront block frontage, the entry must be placed on the order of preference
identified above. Departures may be considered provided the location and design of the entry
and block frontage treatments are compatible with the character of the area and enhance the
character of the street.
4. Transparency: For corner sites at least one block frontage must meet the applicable
transparency standards (based on the order of preference above). For the second block
frontage, the review authority may approve a reduction in the minimum amount of transparency
by 50 percent. For street corners with the same designations on both frontages, buildings must
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employ the full transparency on the dominant frontage (based on the frontage width or
established neighborhood pattern).
5. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street
corner is not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
b. Other combination of block frontages, except those with a storefront designation, via a
departure and subject to the applicable departure criteria.
Figure 38.510.030.K
Clarifying block frontage standards on street corners.
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L. Community Design Framework Master Plan. Recently annexed or rezoned commercial or
mixed-use properties, as well as strategic large undeveloped sites, necessitate a different approach
to applying block frontage standards. The provisions below identify the intent, applicable sites, block
frontage designation options, and special standards for developing community design framework
master plans.
1. Intent.
a. To provide a thoughtful and fair process to plan for the development of large and new
commercial and mixed-use sites consistent with Bozeman’s growth policy.
b. To promote an arrangement of streets, buildings, open space, parking and service areas that
create a strong sense of community and enhance the character of Bozeman.
c. To avoid uncoordinated patterns of development that waste valuable land, compromise
vehicular and pedestrian access, and degrade the character of Bozeman.
2. Applicable sites.
a. Recently annexed sites zoned as one of the commercial or mixed-use zoning districts.
b. Sites recently rezoned as one of the commercial or mixed-use zoning districts that are not
addressed in the community design framework maps.
3. Block frontage designation options.
a. Prior to development of applicable sites, a community design framework master plan must be
developed, approved and recorded for the property per the procedures set forth in section
38.230.130. The master plans must include:
(1) New streets and internal roadways along with block frontage designations (types
included in this section).
(2) Any designated high visibility street corners.
(3) Any planned open spaces, trails, and shared use paths.
(4) Any special phasing conditions.
(5) Other special design conditions unique to the site and plan that must be implemented
with future site plan development.
b. Community design framework master plans may utilize any existing block frontage
designations that border the site, or include an alternative block frontage designation type or
types, subject to master plan approval.
c. Alternatively, site plan development may occur on applicable sites without an approved and
recorded community design framework master plan, provided all block frontages comply
with the standards for mixed block frontages as set forth in subsection D of this section.
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4. Master plan design standards. Community design framework master plans must meet the intent
as set forth above plus the following parameters for specific sites:
Table 38.510.030.L
Community design framework master plan design standards
The provisions below are intended to guide the design of individual community design framework master
plans. They are referred to as standards, since all proposed plans must successfully demonstrate how they
comply with the provisions herein.
All Sites Configure site to create a pedestrian-oriented focal point. Such a focal
point could be a main street (storefront), a central square surrounded by
storefronts or other similar elements.
Larger sites have greater expectations in the amount of storefront
designated frontages.
Goals, policies and concepts from adopted plans must be used to help
determine compliance with these standards.
Examples of commercial centers configured to create a pedestrian-oriented focal point. In the left examples, site
development is configured to create a “main street” with storefronts along the main internal roadway. Parking
lots are carefully located to the rear of buildings. The right image illustrates a similar concept and includes a
centralized plaza space.
Figure 38.510.030.L
Development examples.
5. Community design framework master plans are subject to the application requirements and
procedures set forth in section 38.230.130.
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38.520 Site Planning & Design Elements
Sec. 38.520.010. – Purpose.
A. Preserve and protect the public health, safety, and welfare of the citizens of Bozeman.
B. To promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping, and
amenity elements that enhances Bozeman’s visual character, promotes compatibility between
developments and uses, and enhances the function of developments.
Also see the individual “intent” statements for each section in this division.
Sec. 38.520.020. – Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single to four-household
dwellings on individual lots. The excepted dwellings are subject to the form and intensity standards in
section 38.360.210. Townhouses and rowhouses are subject to the form and intensity standards in
section 38.360.240. Also:
A. For clarification on the relationship between the provisions in this division and other documents and
codes, see section 38.500.020.A.
B. For the application to building additions, remodels see section 38.500.020.B.
C. For clarification on how the provisions of this division are applied to site improvements, see
sections 38.230.150, 38.230.160, and 38.230.170.
D. The review authority may waive or relax these provisions in the industrial zones depending on the
type of use, number of anticipated employees and customers, and the site’s physical context. A
greater number of employees and/or customers and higher visibility levels warrant a greater
application of building design standards.
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Sec. 38.520.030. – Relationship to adjacent properties.
A. Intent.
1. To promote functional and visual compatibility between developments.
2. To protect the privacy of residents on adjacent properties.
B. Balconies along side and rear property lines adjacent to residentially zoned properties.
Balconies or rooftop decks within 15 horizontal feet of a side property line abutting a residentially
zoned property must feature a railing system that is at least 50 percent opaque. Specifically, 50
percent of the area below the railing must be a sight-obscuring structure.
Figure 38.520.030.B
Privacy Standards for Balconies Within 15 Feet of Side or Rear property lines
Departures from this standard will be allowed if the balcony will not cause visual or privacy impacts
due to its location, orientation, design or other consideration.
C. Light and air access and privacy along side and rear property lines. Buildings or portions
thereof containing multi-household dwelling units whose only solar access (windows) is from the
applicable side of the building (facing towards the side property line) must be set back from the
applicable side or rear property lines at least 15 feet. See Figures 38.520.030.B and C. Departures
will be allowed where it’s determined that, based on the unique site context, the proposed design
won’t create a compatibility problem in the near or long term.
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Figure 38.520.030.C
Light and air access and privacy standards for multi-household residential buildings along side/rear property
lines.
Sec. 38.520.040. – Non-motorized circulation & design.
A. Intent.
1. To improve the pedestrian and bicycling environment by making it easier, safer, and more
comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit
stops, through parking lots, to adjacent properties, and connections throughout the city.
2. To enhance access to on- and off-site areas and pedestrian/bicycle paths.
B. Access to sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable
block frontage standards in division 38.510. See subsection D below for access design requirements.
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Figure 38.520.040.B
Examples of direct pedestrian access to buildings from the street.
C. Internal circulation.
1. For sites with multiple buildings, pedestrian paths or walkways connecting businesses and
residential entries on the same development site must be provided. Routes that minimize
walking distances must be utilized to the extent practical. Departures will be allowed where
steep slopes prevent a direct connection or where an indirect route would enhance the design
and/or use of a common usable open space. See subsection D below for walkway design
standards.
Figure 38.520.040.C.1
Internal and external pedestrian connections are important.
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2. Sites with residential units. Provide direct pedestrian access between all ground related unit
entries and a public street or to a clearly marked pathway network or open space that has
direct access to a public street. Residential developments must provide a pedestrian circulation
network that connects all main entrances on the site to other areas of the site, such as:
a. Parking areas;
b. Recreational areas;
c. Common outdoor areas;
d. Any pedestrian amenities;
For townhouses or other residential units fronting the street, the sidewalk may be used to meet
this standard.
The entries of the example on the left connect directly to a public sidewalk while the entries in the right
example connect to a common path that extends to the sidewalk.
Figure 38.520.040.C.2.a
Direct pathways between the street and dwelling units are required.
Figure 38.520.040.C.2.b
Examples of attractive pathway connection through a residential development.
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3. Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles.
Crosswalks must contain contrasting material (such as concrete) and/or patterns (such as
stamped asphalt), excluding painted surfaces.
4. Pedestrian paths through parking lots. Developments must provide specially marked or paved
sidewalks through parking areas. At least one walkway must be provided every four rows of
parking or at a maximum spacing of 200 feet. The pathways must provide a safe connection to
the building entrance and meet the pathway design standards set forth in subsection D below.
See examples below.
Note the location of the parking lot pathway in the upper right example (connecting shops in one building to the
main entry of a grocery store).
5
Note in both examples that the concrete pathway extends into the vehicular area to provide a highly visible and safe crosswalk.
Figure 38.520.040.C.4
Parking area pathway standards and examples.
5. Connections to adjacent properties (including parks and trails). Provide pathways that connect
to adjacent properties, except in one of the following circumstances:
a. When adjacent properties are residential developments of fewer than five dwelling units.
b. Departures are permitted where it is determined that internal connections aren’t necessary
due to shallow lot depths, steep slopes, or other contextual challenges.
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6. Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees
are permitted. See subsection D below for walkway design standards.
7. Provide easements for non-motorized access to facilitate the future extension of paths when
adjoining properties are improved.
D. Pathway design.
1. All internal pathways must have a minimum five-foot-wide unobstructed surface, except where
wider pathways are prescribed in this division or where the applicable uses and context dictate
wider pathways.
2. Where parking is adjacent to perpendicular or angled parking, an extra two feet of walkway
width must be provided to mitigate for parked vehicles overhanging the walk way.
3. Pathways must be separated from structures by at least three feet of landscaping except where
the adjacent building façade meets the Storefront block frontage standards per section
38.510.030.B. Departures are permitted for other landscaping and/or façade design treatments
to provide attractive pathways will be considered. Examples include sculptural, mosaic, bas-
relief artwork, or other decorative treatments that meet the intent. Figure 38.520.040.D.3
below provides one example.
Internal walkways adjacent to building walls that do not meet storefront façade standards must provide at least three feet of
landscaping to enhance the character of the walkway. The review authority will consider alternative treatments, such as
decorative walls (right example).
Figure 38.520.040.D.3
Standards for internal walkways adjacent to buildings
4. Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in
length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with:
a. Eight feet minimum unobstructed width:
b. Trees, as approved by the review authority, placed at an average of 50 feet on-center and
placed in grates or in planting strips as set forth in subsection C below. Departure: Breaks in
the tree coverage will be allowed near major building entries to enhance visibility.
c. Planting strips may be used between any vehicle access or parking area and the pathway,
provided that the trees required above are included and the pathway meets the applicable
width standards herein, and the combined pathway and planting strip is at least 12 feet wide;
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Figure 38.520.040.D.4
Example of a successful pedestrian sidewalk between parking lot and storefront.
d. Light pathways in accordance with division 38.570;
e. See also section 38.520.050.D, internal roadway design;
f. Hard surface.
E. Bicycle facilities. Provide bicycle racks, lockers, or other means of safely and conveniently parking
bicycles at the rate specified in section 38.540.050.
Sec. 38.520.050. – Vehicular circulation & parking.
The standards herein supplement the provisions of divisions 38.400 and 540. Where there is a conflict,
these provisions apply.
A. Intent.
1. To create a safe, convenient, and efficient network for vehicle circulation and parking.
2. To enhance the visual character of interior access roads.
3. To minimize conflicts with pedestrian circulation and activity.
B. Driveway provisions. Drive aisles must meet the standards set forth in section 38.400.090.
Supplemental provisions:
Minimize parking lot entrances, drive aisles, and other vehicle access routes onto private property
from a public right-of-way through the following means:
1. Driveway lanes crossing a public sidewalk must be no wider than the minimum required per
entry or exit lane. The city may impose additional restrictions to parking lot and vehicle access
points to reduce impacts to public safety, pedestrian movement, on-street vehicle circulation,
and visual qualities.
2. Minimize the number of driveway entrances. Comply with the provisions of section 38.400.090.
3. The review authority may require joint drive aisles serving adjacent developments when joint
access is physically and legally available.
4. Minimize conflicts between entries and vehicle parking and maneuvering areas.
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5. At street corner sites, drive aisles must be located on the lowest classified roadway and as close
as practical to the property line most distant from the intersection, unless the review authority
finds there is a compelling reason to the contrary.
C. Inter-site connectivity. The provision of through vehicle access connections between
commercially or non-residentially zoned properties is required except where the review authority
determines it is unfeasible or undesirable (e.g., where it is determined that such a vehicle connection
would impact safe pedestrian movement). See section 38.410.040 for specific block standards.
Vehicle access may be in the form of a dedicated or private alley, connected or shared parking lots,
shared drive aisles, or similar features.
D. Internal roadway design.
1. To increase the function and appearance of internal roadways on large sites (greater than two
acres), street trees and sidewalks must be provided on all internal access roadways, except
access roads designed solely for the purpose of service (e.g. waste pick-up) and loading.
2. In some instances where traffic speed and volume are low, the review authority may approve a
street where vehicle, bicycle and pedestrian movement are mixed such as in a “woonerf” or
“shared street.” Woonerf streets must feature traffic calming and safety measures as well as
landscape and amenity features as determined by the review authority.
The examples above include angled parking and planter strips with street trees. Pedestrian-scaled lighting also
contributes to the character in the upper right image.
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The above left image illustrates a thoroughfare lane with a row of street trees. A sidewalk is included on one side
of the street to provide a strategic connection between businesses. The right image illustrates the curbless
“woonerf” design where travel speeds are low and lanes are shared between pedestrians and vehicles.
Figure 38.520.050.D
Good internal roadway examples.
3. Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up windows) must
comply with the following.
a. Drive-through lanes, including waiting and holding lanes, must be separated from public view
and internal sidewalks by a planting strip (at least five feet wide with continuous plantings of
evergreen shrubs and/or trees that will provide continuous evergreen screen at least four
feet tall at maturity) and/or a masonry wall at least three feet high. Alternative landscaping
schemes may be approved provided they include the masonry wall and a substantial
vegetative screen. The landscaping must comply with division 38.560.
b. Drive-through lanes must not restrict pedestrian access between a public sidewalk and on-
site buildings. Walkways must not be located within required stacking space as set forth in
section 38.540.020.N.
c. Also see sections 38.360.100 and 38.540.020.N for related standards.
Sec. 38.520.060. – On-site residential open space.
A. Intent.
1. To create useable space that is suitable for leisure or recreational activities for residents.
2. To create open space that contributes to the residential setting.
3. To provide plazas that attract shoppers to commercial areas.
4. To provide plazas and other pedestrian oriented spaces in commercial areas that enhance the
employees’ and public’s opportunity for active and passive activities, such as dining, resting,
people watching, and recreational activities.
5. To enhance the character and attractiveness of commercial development.
B. Usable residential open space.
1. All multi-household development, including multi-household portions of mixed-use
development, must provide minimum usable open space equal to 100 square feet per dwelling
unit for studio and one bedroom dwellings and 150 square feet per dwelling unit for dwellings
with two or more bedrooms. All group living developments must provide minimum usable
open space equal to 37 square feet per person. The required open space may be provided in a
combination of ways:
a. Shared open space. One hundred percent of the required open space may be in the form of
shared open space available to all residents and meeting the requirements of subsection B.2
below. Shared open space may be in the form of courtyards, front porches, patios, play
areas, gardens or similar spaces.
b. Ground level private outdoor space. One hundred percent of the required open space may
be provided by ground level outdoor space that is adjacent and directly accessible to the
subject unit. Such open spaces must be enclosed by a fence and/or hedge at least 32 inches
in height to qualify.* Departures to this standards are permitted.
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c. Balconies. Up to 50 percent of the required open space may be provided by private balconies
provided they meet the requirements of subsection B.3 below.*
d. Common indoor recreation areas. Up to 50 percent of the required open space may be
provided by common indoor recreation areas meeting the requirements of subsection B.4
below.
e. Shared roof decks. For mixed-use buildings, up to 100 percent of the required open space
may be provided by shared roof decks located on the top of buildings which are available to
all residents and meet the requirements of subsection B.5 below.
* Individual private open space (as defined in subsections B.1.b and c) in excess of minimum
requirements must not be used in the calculations for determining the minimum usable open
space requirements for other units in the development.
2. Shared open space. Shared open space can include landscaped courtyards or decks; entrance
plazas; gardens with pathways; children’s play areas; pools; and water features provided they are
accessible to all residents of the development. Accessible areas used for stormwater retention
or other multipurpose recreational and/or green spaces that meet the design criteria herein may
qualify as shared open space.
Special requirements for common usable open spaces include the following:
a. Shared open space must be located in centralized areas that are visible from units within the
development.
b. Required setback areas does not count as shared open space unless the design of the space
meets the standards herein.
c. Shared open space must feature no dimension less than 15 feet in order to provide functional
leisure or recreational activity (unless otherwise noted herein).
d. Shared open space must feature paths or walkable lawns, landscaping, seating, lighting, and
play structures, sports courts, or other pedestrian amenities to make the area more
functional and enjoyable for a range of users.
e. Shared open space must be separated from ground level windows, streets, service areas and
parking lots via landscaping, fencing, and/or other acceptable treatments that enhance safety
and privacy for both the shared open space and dwelling units.
f. When possible the space should be oriented to receive sunlight, facing east, west or
preferably south.
g. Stairways and service elements located within or on the edge of shared open space must not
be included in the open space calculations.
h. Shared porches may qualify as shared open space provided they are at least eight feet in
depth and 96 square feet in total area.
i. The space must be accessible to all residents of the development.
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The upper left example include a combination of open lawn area for informal recreation plus walkways and
decorative landscape areas to enhance the setting for residents. The upper right courtyard includes walkways,
seating areas, landscaped beds, and decorative lighting to provide a visual and physical amenity for residents.
The left image above includes a covered gathering space with outdoor grills adjacent to a landscaped commons
with a central pathway. The right image includes a pond/wetland type area with boardwalk and seating areas.
Figure 38.520.060.B.2
Shared open space examples.
3. Private balconies and decks. Such spaces must be at least 36 square feet, with no dimension less
than six feet, to provide a space usable for human activity.
4. Indoor recreational areas. Such spaces must meet the following conditions:
a. The space must be located in a visible area, such as near an entrance, lobby, or high traffic
corridors;
b. The space must be designed specifically to serve interior recreational functions and not
merely be leftover unrentable area used to meet the open space requirement. Such space
must include amenities and design elements that will encourage use by residents.
5. Shared rooftop decks. Such spaces must meet the following requirements:
a. Space must feature hard surfacing, providing and amenities such as seating areas, landscaping,
and/or other features that encourage use;
b. Space must integrate landscaping elements that enhance the character of the space and
encourage its use;
c. Space must incorporate features that provide for the safety of residents, such as enclosures,
railings, and appropriate lighting levels.
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Figure 38.520.060.B.5
Rooftop deck examples.
C. Usable commercial open space. New developments with non-residential uses (except for
development within the industrial zones) on sites with a total site area greater than one acre must
provide open space equal to at least two percent of the development envelope. The open space may
be in the form of pedestrian-oriented open space per subsection D below, garden, play area or
other open space feature that serves both as a visual amenity and a place for human activity.
Portions of sidewalks that are wider than 12 feet and which meet the standards of pedestrian-
oriented open space may be counted toward this requirement. For this specific standard, “Site area”
includes all land needed for the non-residential portion of the project including parking, service
areas, access and required landscaping. Non-residential open space features must be approved by
the review authority.
Reduced open space area will be considered by the review authority for projects that include
exceptional design features and elements that meet the intent of the standards. This includes open
spaces that feature a combination of design (site materials, amenities, and configuration) and
location/context that clearly exceed typical plaza designs found in the region. All departures must
feature usable open space no less than one percent of the development envelope.
The “development envelope” on both sites is 102,400sf (2.35 acres). The minimum amount of usable commercial
open space (2% of development envelope) is 2,048sf. The left example consolidates the open space into one
plaza near the major building entry. The right example includes three separate open spaces at strategic, visible
locations.
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Figure 38.520.060.C
Example of site development integrating usable commercial open space.
D. Pedestrian-oriented open space design criteria. This subsection describes the requirements
and desired characteristics of pedestrian oriented open space (which may be used to meet the
requirements of subsection C above).
1. Required pedestrian-oriented open space features.
a. Visual and pedestrian access into the site from a street, private access road, or non-
vehicular courtyard;
b. Paved walking surfaces of either concrete or approved unit paving;
c. Lighting must conform to division 38.570;
d. The spaces must be located in or adjacent to areas with significant pedestrian traffic to
provide interest and security, such as adjacent to or visible from a building entry;
e. At least two feet of seating area (a bench or ledge at least 16 inches deep and appropriate
seating height) or one individual seat per 60 square feet of plaza area or open space;
f. Landscaping components that add visual interest and do not act as a visual barrier. This could
include planting beds, raised planters, and/or potted plants.
2. Desirable pedestrian-oriented open space features:
a. Pedestrian amenities, such as site furniture, artwork, drinking fountains, shade structures or
other similar features;
b. Adjacent buildings with transparent windows and doors covering at least 50 percent of the
façade between 30 inches and 10 feet above the ground level;
c. Pedestrian weather protection, alcoves, seating, or other features along building edges to
allow for outdoor gathering.
3. Features prohibited within a pedestrian-oriented open space:
a. Asphalt pavement;
b. Adjacent service areas (e.g., trash areas) that are not separated with landscaping, as required
in section 38.520.070.
c. Adjacent chain-link fences;
d. Adjacent "blank walls" without "blank wall treatment" (see 38.530.070.C);
e. Outdoor storage.
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Figure 38.520.060.D.1
Example of a small pedestrian-oriented open space
The left example above is a colorful plaza with outdoor seating, landscaping elements and direct access to adjacent
retail uses. The upper right image is a commons area with adjacent covered areas.
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A covered outdoor gathering space (left) may be used to meet pedestrian-oriented open space requirements. In
the right image, the widened sidewalk area may be counted as pedestrian-oriented open space.
Figure 38.520.060.D.2
Desirable examples of pedestrian-oriented open space
Sec. 38.520.070. – Location and design of service areas and mechanical equipment.
Also see section 38.320.130 for trash and garbage enclosure requirements.
A. Intent.
1. To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets
and service areas at ground and roof levels.
2. To provide adequate, durable, well-maintained, and accessible service and equipment areas.
3. To protect residential uses and adjacent properties from impacts due to location and utilization
of service areas.
B. Location of ground related service areas and mechanical equipment.
1. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels, and
mechanical equipment areas) must be located for convenient service access while avoiding
negative visual, auditory, olfactory, or physical impacts on the streetscape environment and
adjacent residentially zoned properties. Service areas must be sited for alley access if available.
The review authority may require evidence that such elements will not significantly impact
neighboring properties or public areas. (For example, the review authority may require noise
damping specifications for fans near residential zones.)
2. Exterior loading areas. Exterior loading areas for commercial uses must not be located within 20
feet of a residentially zoned property unless the review authority finds such a restriction does
not allow feasible development, and alternative design measures can successfully mitigate
potential negative impacts. For example, areas and drives may be required by the review
authority to be separated from the residential lot by a masonry wall at least eight feet high.
3. Service areas must not be visible from the sidewalk and adjacent properties. Where the review
authority finds that the only option for locating a service area is an area visible from a public
right-of-way, internal pathway or pedestrian area, or from an adjacent property, the area must
be screened with structural and landscaping screening measures provided in subsection C
below and division 38.550. Service elements accessible from an alley are exempt from screening
requirements.
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4. Design for safety. Other provisions of this section notwithstanding, service areas used by
residents must be located to avoid entrapment areas and other conditions where personal
security is potentially a problem. The review authority may require pedestrian-scaled lighting or
other measures to enhance security.
5. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc.to
minimize sounds and reduce impacts to adjacent residentially zoned properties.
Locate service elements to reduce impacts on the residential and pedestrian environment, and provide
appropriate enclosure
Figure 38.520.070.B
Service element location
C. Screening of ground related service areas and mechanical equipment.
1. Where screening of ground level service areas is required (see subsection B above), the
following applies:
a. A structural enclosure must be constructed of masonry, heavy-gauge metal, or decay-
resistant material that is also used with the architecture of the main building. The review
authority may allow materials other than those used for the main building if the finishes are
similar in color and texture or if the proposed enclosure materials are more durable than
those for the main structure. The walls must be sufficient to provide full screening from the
affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls
to screen dumpsters and other materials (see Figure 38.520.070.C below);
b. Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain link with
slats is not an acceptable material for enclosures or gates;
c. Where the inside of service enclosures is visible from surrounding streets, pathways, and
buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate
unsightly views. The horizontal screen/cover should be integrated into the enclosure design
and compatible with adjacent development;
d. Collection points must be located and configured so the enclosure gate swing does not
obstruct pedestrian or vehicular traffic, or does not require that a hauling truck project into
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any public right-of-way. Ensure that screening elements allow for efficient service delivery
and removal operations.
e. The service area must be paved.
2. The sides and rear of service enclosures must be screened with landscaping at least five feet
wide in locations visible from the street, parking lots, and pathways to soften views of the
screening element and add visual interest.
Departures to the provisions of subsections B.1, 2, and 3 above will be considered per section
38.250.060 provided the enclosure and landscaping treatment meet the intent of the standards and
add visual interest to site users.
Figure 38.520.070.C
Acceptable screening enclosures
D. Utility meters, electrical conduit, and other service utility apparatus.
1. These elements must be located and/or designed to minimize their visibility to the public.
Project designers are strongly encouraged to coordinate with applicable service providers early
in the design process to determine the best approach in meeting these standards. If such
elements are mounted in a location visible from the street, pedestrian pathway, shared open
space, or shared auto courtyards, they must be screened with vegetation and/or integrated into
the building’s architecture.
All three examples use durable and attractive
enclosures with trees and shrubs to soften
views of the enclosures from the side. The
lower left example uses a trellis structure on
top – a desirable example particularly where
the top of the enclosures are visible from
surrounding buildings, streets, and walkways
(due to topography or building heights).
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Place utility meters in less visible locations. The upper and lower left examples are successfully tucked away in a
less visible location and/or screened by vegetation. The right images are poorly executed and would not be
permitted in such visible locations. Such meters must be coordinated and better integrated with the architecture
of the building.
Figure 38.520.070.D
Utility meter location and screening – good and bad examples
E. Location and screening of roof mounted mechanical equipment.
1. All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar
equipment must be fully screened from public view both at grade and from higher buildings with
the exception of solar panels and roof-mounted wind turbines. Screening must be located so as
not to interfere with operation of the equipment.
2. For rooftop equipment, all screening devices must be well integrated into the architectural
design through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment
rooms. Screening walls or unit-mounted screening is allowed but less desirable. Wood must not
be used for screens or enclosures. Louvered designs are acceptable if consistent with building
design style. Perforated metal is not permitted.
3. The screening materials must be of material requiring minimal maintenance, and must be as high
as the equipment being screened.
4. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc. to
minimize sounds and reduce impacts to adjacent properties.
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The top illustration and the East Main Street building aerial and street view illustrate examples of rootop
mechanical equipment that has been screened by walls (top illustration) or parapets (East Main Street building).
Figure 38.520.070.E
Examples of how to screen roof-mounted mechanical equipment.
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38.530 Building Design
Sec. 38.530.010. – Purpose.
See the individual “intent” statements for each section in this division.
Sec. 38.530.020. – Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single, two-, and three-
household dwellings on individual lots unless otherwise noted. Specifically:
A. For clarification on the relationship between the provisions in this division and other documents and
codes, see section 38.500.020.A.
B. For the application of building additions and remodels and site improvements, see section
38.500.020.B.
C. For clarification on how the provisions of this division are applied, see section 38.500.030.
D. The review authority may waive or relax these provisions in the industrial zones depending on the
type of use, number of anticipated employees and customers, and the site’s physical context. The
greater number of employees and/or customers and higher visibility levels warrant a greater
application of building design standards.
Sec. 38.530.030. – Building character.
A. Intent.
1. To promote regionally appropriate architecture that is based on human scaled design details,
durable high quality materials, sustainable design measures, and that responds uniquely to the
site’s context.
2. To emphasize high quality design in Bozeman’s built environment.
3. To avoid generic, corporate architectural designs that are not readily reusable or convert to
another use that lessens the character and identity of Bozeman. For example, some franchise
convenience uses have very specific architectural features (such as a distinctive roofline design
that functions as a sign) that reinforce their identity.
B. Building character standards and guidelines.
1. Developments within the Neighborhood Conservation Overlay District (NCOD) are subject to
38.340.050.
Sec. 38.530.040. – Building massing & articulation.
A. Intent.
1. To articulate building elements in order to achieve an appropriate perceived scale and add visual
interest.
2. To create clear and welcoming building entries.
B. Façade articulation - Storefronts and other buildings with non-residential uses on the
ground level must include a minimum of three of the following articulation features every 60 feet
(maximum) to create a human scaled façade pattern:
1. Windows.
2. Entries.
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3. Use of weather protection features.
4. Use of structural expression.
5. Change in roofline per subsection F below.
6. Change in building material or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints
or an integrated trim pattern.
8. Other design techniques that effectively reinforce a human-scaled pattern compatible with the
building’s surrounding context.
9. Providing vertical elements such as a trellis with plants, green wall, art element.
10. Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline
per subsection F below or a change in building material, siding style, or color.
Exceptions:
a. Only two articulation features are required on building façades in the BP district;
b. Only one articulation feature is required on building façade s in the M-1 district;
c. Buildings in the M-2 district are exempt from these standards.
d. Building walls facing alleys, rear or side yards are not subject to the standards herein, except for
zone edge properties, when adjacent to a lower-intensity zoning district.
The left image uses window patterns, weather protection elements, and roofline modulation. The photo
example to the right also includes window patterns and weather protection along with brick vertical piers to
articulate the façade. The lower example illustrates how a multitenant retail building can successfully be
articulated (windows, weather protection, vertical building modulation, and roofline changes)
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Figure 38.530.040.B
Façade articulation examples.
C. Façade articulation - Residential buildings must include articulation features at appropriate
intervals relative to the scale of the façade in order to reduce the perceived massing of the building
and add visual interest. At least three of the following features must be employed at intervals
relative to the individual dwelling units or at a maximum of every 30 feet. The scale of the façade
articulation should be compatible with the surrounding context.
1. Use of windows
2. Entries.
3. Use of weather protection features.
4. Use of vertical piers/columns.
5. Change in roofline per subsection F below.
6. Change in building material, and/or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints
or an integrated trim pattern.
8. Providing vertical building modulation if tied to a change in roofline modulation per subsection F
below or a change in building material, siding style, or color.
9. Other design techniques that effectively break up the massing at no more than 30-foot intervals.
10. Providing vertical elements such as a trellis with plants, green wall, and/or art element.
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Below examples use a combination of vertical building modulation, window patterns, material changes, and
roofline modulation.
Figure 38.530.040.C
Residential façade articulation examples
D. Departure criteria associated with articulation standards. Proposals must meet the intent
of the standards. The following criteria will be considered in determining whether the proposed
articulation treatment meets the “intent.”
1. The type and width of the proposed articulation treatment and how effective it is in meeting the
intent given the building’s current and desired context (per Bozeman’s growth policy or
applicable adopted subarea plan).
2. The applicable block frontage designation. Undesignated block frontages warrant more flexibility
than block frontages designated as mixed or landscaped.
3. The size and width of the building. Smaller buildings warrant greater flexibility than larger
buildings.
4. The quality of façade materials in concert with doors, windows, and other façade features and
their ability to add visual interest to the street from a pedestrian scale and more distant
observable scales.
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This building is a good departure example. Its two clear articulation features are the window patterns and the
entry/building modulation feature (3 minimum are required). However, the overall effectiveness of these
articulation features combined with the high quality of materials and detailing and the relatively small width of
the building help it meet the intent of the standards.
Figure 38.530.040.D
Façade articulation departure examples
E. Maximum façade width.
Building façades wider than 150 feet must include at least one of the following features to break up
the massing of the building and add visual interest. Building walls facing alleys, rear or side yards are
not subject to the standards herein, except for zone edge properties, when adjacent to a lower
intensity zoning district. Existing buildings are exempt from subsection E.
1. Provide vertical building modulation at least six feet deep and ten feet wide. For multi-story
buildings, the modulation must extend through more than one-half of the building floors.
2. Use a contrasting vertical modulated design component that:
a. Utilizes a change in building materials that effectively contrast from the rest of the façade;
b. Is modulated vertically from the rest of the façade by an average of six inches.
3. Façade employs building walls with contrasting articulation that make it appear like multiple
distinct buildings. To qualify for this option, these contrasting façades must employ all of the
following:
a. Different building materials and/or configuration of building materials;
b. Contrasting window design (sizes or configurations).
Departures will be considered provided the design meets the intent of the standards. Supplemental
consideration for approving alternative designs:
Width of the façade. The larger the façade, the more substantial articulation/ modulation
features need to be.
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Block frontage designation. Storefront designated block frontages warrant the most scrutiny,
while undesignated streets warrant more flexibility.
The type of articulation treatment and how effective it is in meeting the intent given the
building’s context.
Less than 150’ wide: Meets standard More than 150’ wide: Does not meet standard
Building incorporates a
6’x10’ courtyard along the
façade to effectively break
it up into smaller
components:
Meets standard.
Both buildings use modulated entry feature to help break up the perceived massing and add visual interest.
Figure 38.530.040.E
Illustrating maximum façade width standards and good and bad examples.
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The left building on East Main (about 110’ wide) uses an articulated partial third floor along with smaller
articulation treatments on the main floors to effectively break up the perceived scale and add visual interest (this
would be a good departure example). The building to the right would not be an acceptable example. While the
articulated features on the lower floors help, the monotony of the very long upper floor and roofline would not
be acceptable.
Figure 38.530.040.E
Illustrating maximum façade width standards and good and bad examples.
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F. Roofline modulation. In order to qualify as a façade articulation feature in subsections B, C, and E
above, rooflines must employ one or more of the following:
1. For flat roofs an extension of the parapet or a break in the parapet of at least one foot
measured from the adjacent roof or adjacent parapet. If no parapet is present a horizontal roof
edge/eave extension of at least two feet.
2. A pitched roofline segment(s) scaled appropriately to the façade.
3. A combination of the above.
Departures will be considered provided the roofline modulation design effectively reduces the
perceived scale of the building and adds visual interest.
Roofline modulation examples for flat roofs.
Figure 38.530.040.1
Acceptable examples of roofline modulation.
The left building illustrates a pitched roof example and the right building includes a combination of flat and gabled
rooflines.
Figure 38.530.040.1
Acceptable examples of roofline modulation.
Sec. 38.530.050. – Building details.
A. Intent:
1. To encourage building façades with attractive design details at an appropriate pedestrian scale
relative to the overall composition of the building.
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2. To integrate window design that adds depth, richness, and visual interest to the façade.
B. Window design standards.
1. All windows (except storefront windows and curtain walls) must include trim or other design
treatment, or alternately be recessed at least two inches from the façade. Understated or trim-
less windows without additional design treatment are permitted provided the placement and
design is integrated into the overall composition of the building.
2. Prohibited windows:
a. Mirrored glass is prohibited.
Recessed and/or trimmed windows.
The window in the left image lacks any other detail that adds visual interest.
Figure 38.530.050.C
Acceptable and unacceptable window design examples
C. High visibility street corner and gateway sites. All development proposals located at
designated high visibility street corners and gateway sites must locate a building or structure within
20 feet of the street corner and include design features that accentuate the street corner.
Alternatively, the building could be configured with a corner plaza. Corner design features could
include a cropped building corner with an entry feature, decorative use of building materials at the
corner, distinctive façade articulation, a sculptural architectural element, or other elements that
meet the intent of the standards. Figure 38.530.050.D below illustrates acceptable examples.
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Building 1 includes a corner tower. Building 2 features cropped building corners with decorative elements.
Building 3 uses a functional canopy. Building 4 uses a change in building materials and façade articulation at the
corner. Building 5 incorporates a plaza at the corner.
Figure 38.530.050.D
Acceptable high visibility street corner /gateway site examples.
Building 6 shows a decorative landscaped area with a trellis and neighborhood gateway sign.
Figure 38.530.050.D
Acceptable high visibility street corner /gateway site examples.
D. Active Solar Collection Units (electronic and hydronic) are permitted.
E. Articulated building entries. Primary building entrance(s) must be clearly defined and scaled
proportionally to the building. See Figure 38.530.050.F below for examples.
2
1
3
5
4
6
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Figure 38.530.050.F
Acceptable building entry examples.
F. Departures to building detail standards will be considered if they are determined to meet the intent
of the standards in section 38.530.050 – Building Details.
Sec. 38.530.060. – Building materials.
A. Intent.
1. To encourage the use of durable materials to provide visual interest from vehicular and
pedestrian vantage points with the highest priority at locations susceptible to damage from
maintenance and weathering.
B. Durable building materials. Applicants must use durable materials. Where façades are located
directly adjacent to a city sidewalk, impact resistant materials must be used (excluding window and
door areas) for a minimum of the first 18 inches above the walking surface.
C. Special conditions and limitations for the use of certain cladding materials.
1. Concrete block (a.k.a. CMU) when used as a primary cladding material, must be treated or
articulated to provide visual interest above and beyond natural (uncolored, untreated) block
with (matching) natural colored grout. Examples of such treatments include:
(a) using ground, polished or split face units;
(b) creating patterns/texture with different block sizes, face treatments, or colors; creating
patterns/textures by modulating the finish plane of units;
(c) utilizing contrasting grout color;
(d) or utilizing sealers or painted treatments that enhance the finish of natural concrete block.
Industrial zoning districts are exempt from subsection C.
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CMU is the primary cladding for the corner element
above, but secondary to brick on the main façades.
The corner element uses a combination of
decorative split faced CMU closer to the sidewalk
and smooth-faced CMU that is colored to look more
like traditional white terra cotta tiles.
The above façade illustrates an acceptable alternative
example, as CMU is used as the primary cladding
material. Note the use of split-façade CMU’s above
each of the awnings and coupled with the use of
smooth-façade CMU’s on the vertical columns (which
employ black accent tiles for added interest).
Figure 38.530.060.C.1
Acceptable concrete block use/design
2. Metal siding
a. Metal siding must be a minimum 24 gauge thickness. Re-purposed metal siding is exempt
from minimum thickness requirements provided its material integrity is intact.
b. Metal siding must feature appropriate molding, trim, or hemming at all exposed edges and
corners.
c. Metal siding must be factory finished, or alternately purposefully designed to naturally patina.
Highly reflective galvanized finished are prohibited. Re-purposed or re-claimed metal siding
is permitted.
The use of metal siding in each example above is secondary to masonry. The left and right images are more
contemporary in character, whereas the middle image is more rustic and industrial, with more refined
windows.
Figure 38.530.060.C.2
Acceptable metal siding examples
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3. Standards for the use of Exterior Insulation and Finish System (EIFS). Such material/finishes may
be used as a decorative accent cladding material if it is incorporated with other permitted
materials and it complies with the following:
a. On buildings of three or more stories or 5,000 square feet in footprint or greater EIFS is
limited to no more than 25 percent of the total façade area and is not the primary cladding
material. On buildings of two stories or less or less than 5,000 square feet in footprint, EIFS
is limited to 60 percent of the total façade area.;
b. Highly textured EIFS finishes are prohibited;
c. EIFS must include an integrated joint or trim pattern;
d. EIFS must not be used on the ground floor when directly adjacent to a sidewalk, pedestrian
or vehicular pathway.
Departures will be considered provided the material’s integration and overall façade
composition meets the intent of the standards.
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Note the use of brick and decorative concrete block on the ground level and EIFS on the second floor of the
left image. The window treatments visible on the second floor add depth and interest to the façade. The
right image employs EIFS between the window and sidewalk – this design is prohibited.
Figure 38.530.060.C.3
Acceptable and unacceptable EIFS examples.
4. Cementitious wall board paneling/siding may be used provided it meets the following provisions:
a. Cement board paneling/siding may not be used on the ground floor of non-residential or
mixed-use buildings where adjacent to a sidewalk or other pedestrian path;
b. Where cement board paneling/siding is the dominant siding material, the design must
integrate a mix of colors and/or textures that are articulated consistent with windows,
balconies, and modulated building surfaces and are balanced with façade details that add visual
interest from the ground level and adjacent buildings.
Departures will be considered provided the material’s integration and overall façade
composition meets the intent of the standards.
D. Departures to building materials standards will be considered if they are determined to meet the
intent of 38.530.060 – Building Materials.
Sec. 38.530.070. – Blank wall treatments.
A. Intent.
1. To avoid untreated blank walls.
2. To retain and enhance the character of Bozeman’s streetscapes.
B. Blank wall definition. A wall (including building façades and retaining walls) is considered a blank
wall if it is over ten feet in height, has a horizontal length greater than 15 feet, and does not include
a transparent window or door.
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Figure 38.530.070.B
Blank wall definition
C. Untreated blank walls visible from a public street, pedestrian-oriented space, common usable
open space, or pedestrian pathway are prohibited. Methods to treat blank walls may include:
1. Display windows with at least 16 inches of depth to allow for changeable displays. Tack on
display cases do not qualify as a blank wall treatment.
2. Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and
three feet wide in front of the wall with planting materials that are sufficient to obscure or
screen at least 60 percent of the wall’s surface within three years.
3. Installing a vertical trellis in front of the wall with climbing vines or plant materials.
4. Installing a mural as approved by the review authority.
5. Special building detailing that adds visual interest at a pedestrian scale. Such detailing must use a
variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the intent of the
standards.
Departures to the provisions in this section will be considered, provided the design whole façade and
applicable blank wall treatment methods meet the intent of the standards.
Figure 38.530.070.C
Acceptable and unacceptable blank wall treatments. Note in the far right example, the display cases don’t meet
the 16” depth requirement, nor does the design meet the intent of the standards.
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38.540 Parking
Sec. 38.540.010. - General provisions. (38.25.010)
A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode
and development characteristics influence the need for parking. The purpose of this division 38.540
in requiring parking spaces is to ensure provision of off-street motor vehicle parking, bicycle parking,
and other transportation access facilities in rough proportion to the generalized parking and
transportation demands of different land uses which locate at a site. Some sites, such as those that
are located in close proximity to transit, have good access to pedestrian facilities or have off-set
peak uses may require less on-site parking. 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, reduce stormwater surges, provide visual relief within paved parking areas,
emphasize circulation patterns, avoid the negative impacts associated with spillover parking into
adjacent neighborhoods (while at the same time avoiding the negative environmental and urban
design impacts that can result from excessive parking lots and other vehicular use areas) and
enhance the visual environment. The provisions of this division are also intended to help protect
the public health, safety, and general welfare by: helping avoid and mitigate traffic congestion;
encouraging multimodal transportation options and enhanced pedestrian safety; providing methods
to reduce the amount of impervious surfaces in parking areas and adequate drainage structures in
order to reduce the environmental impacts of stormwater runoff; encouraging paving or alternate
means of surfacing of parking areas in order to address dust abatement and improve air quality; and
providing flexible methods of responding to the transportation and access demands of various land
uses in different areas of the city. In achieving these purposes this division interacts with the
requirements of division 38.550 of this chapter. The design of off-street parking is the responsibility
of the developer and must consider traffic circulation, intended landscaping, pedestrian access and
circulation, and other purposes of this chapter.
1. Floor area.
a. The term "floor area," for the purpose of calculating the number of off-street parking spaces
required, means 85 percent of the gross floor area, as defined in section 38.700.070 of this
chapter. However, at the election of the property owner, floor area means the gross floor
area, as defined in section 38.700.080 of this chapter, minus the following:
(1) Window display areas;
(2) Storage areas;
(3) Areas used for incidental repair of equipment used or sold on the premises;
(4) Areas occupied by toilets and restrooms, kitchens or break rooms;
(5) Areas occupied by public utility facilities;
(6) Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of
clothing;
(7) Areas occupied by stairways and elevators;
(8) Corridors connecting rooms or suites of rooms; and
(9) Enclosed areas used for parking vehicles.
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Such election must be made in writing to the community development director, must be
signed and acknowledged by the owner, and must be filed with the community
development director prior to the issuance of a building permit for such building. The
owner is also responsible for certifying other information upon which parking
requirements may be based, such as seats, and the number of employees on maximum
working shift.
b. Where applicable, the number of spaces required in section 38.540.050 will be the total of
the spaces required for the component activities of certain uses, each calculated separately.
2. Change of use or occupancy of buildings. With any change of use or occupancy of any building
or buildings an occupancy permit is required. When the change in use or occupancy requires
more than a ten percent cumulative increase in parking over that required with the initial
building construction, an occupancy permit may not be issued until such additional parking
spaces, in the amount required by this chapter, are provided for.
3. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways,
lighting, landscaping, screening, traffic control, etc., must be installed according to the provisions
of division 38.270 of this chapter.
4. Stacking of off-street parking spaces. Required parking spaces must be located so as to preclude
stacking of off-street parking spaces, with the exception of single-household dwellings and
individual townhouse, rowhouse, and multi-household units, and two unit structures with
physically separated individual drive aisles. Physical separation is provided when at least one of
these options are employed: individual garage doors for each interior parking space; a vegetated
planter not less than four feet in width between the parking spaces in the driveway area, or a
wall not less than four feet in height and length, is provided between the parking area in the
driveway and divides the garage entrance. Generally, not more than two cars may be stacked.
When stacking is allowed, not more than two vehicles may be stacked within an enclosed
parking area.
5. No parking permitted in required front or side setbacks. Required parking spaces may not be
located in any required front or side setback, except that detached single-household dwellings
and townhouses, and two unit structures with physically separated individual drive aisles, may
have one space located within a driveway area in the required front setback for each parking
space located directly in front of the driveway area and outside of the required front setback.
6. Parking is permitted within required rear setbacks.
Sec. 38.540.020. - Stall, aisle and driveway design. (38.25.020)
A. Parking dimensions. The following are minimum parking space dimensions:
Table 38.540.020: Dimensions of Parking Spaces and Modules
Parking
Angle
Stall
Length
(A)
Stall
Width
(B)
Projection
(C)
Parking Aisle
One-Way / Two-
Way (D)
Module One-
Way / Two-
Way (E)
Interlock
Reduction
(F)
Standard Parking Space - surface and structured parking facilities
30° 18' 9' 16.79' 13' / 21' 44.58' / 51.58' 2'
45° 18' 9' 19.09' 13' / 21' 51.18' / 58.18' 2'
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Parking
Angle
Stall
Length
(A)
Stall
Width
(B)
Projection
(C)
Parking Aisle
One-Way / Two-
Way (D)
Module One-
Way / Two-
Way (E)
Interlock
Reduction
(F)
60° 18' 9' 20.09' 16' / 21' 56.18' / 61.18' 1' - 6"
75° 18' 9' 19.72' 16' / 21' 55.44' / 60.44' 1'
90° 18' 9' 18.0' — / 24' — / 60.0' —
Compact Parking Space - surface and structured parking facilities
30° 16' 8' 15.79' 13' / 21' 42.58' / 49.58' 2'
45° 16' 8' 17.69' 13' / 21' 48.38' / 55.38' 2'
60° 16' 8' 18.36' 16' / 21' 52.72' / 52.72' 1' - 6"
75° 16' 8' 17.78' 16' / 21' 51.56' / 56.56' 1'
90° 16' 8' 18.0' — / 24' — / 56.0' —
Individual Residential Garage Dimensional Standards - subject to 38.540.010.A.4
Number of
Stalls
Stall
Length
(A)
Stall
Width
(B)
Special Conditions
1 20' 9' Additional one foot on all exterior sides of the stall
2 or more 20' 9' Additional one foot on all exterior sides of the stalls
Notes:
1 Unless otherwise approved, all parking spaces must be of standard width and length. In any parking facility
containing 20 or more parking spaces, a maximum of 25 percent of the provided parking spaces may be
reduced in size for small cars, provided these spaces must be clearly identified with a sign permanently affixed
immediately in front of each space containing the notation, "Compacts Only." Where feasible, all small car
spaces must be located in one or more contiguous areas and/or adjacent to ingress and egress points within
parking facilities. Location of compact car parking spaces must not create traffic congestion or impede traffic
flows.
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Figure 38.540.020 A, Parking stall dimensions.
Figure 38.540.020 B Parking aisles from Table 38.540.020.
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
may be used to convert the parking structures into a dwelling unit or living area or other activity
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until other adequate provisions are made to comply with the required off-street parking provisions
of this chapter.
C. Circulation between bays. Except in the case of one- to three-household dwellings and individual
townhouse units, parking areas must 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 back-up length for dead end aisles must conform to requirements of
the International Fire Code.
D. Backing requirements. All required parking must have adequate back-up maneuverability as specified
in Table 38.540.020. The aisle width calculation may incorporate the width of the public 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. An exception to the prohibition to backing into the alley
by nonresidential development may be granted by the review authority when function of the alley
will not be impeded and when necessary due to local site conditions.
E. Parallel parking spaces. Parallel parking spaces must be a minimum of 24 feet in length and seven feet
in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing is not
present.
Figure 38.540.020 C. Parallel parking layout
F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized
for permanent parking space and drive aisles must control dust and drainage. All proposed parking
areas and driveway improvements must require a grading and drainage plan approved by the review
authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; an
alternative surfacing method such as pervious pavement may be used, subject to review and
approval by the review authority. Surfacing methods which minimize stormwater runoff and provide
for functional parking and circulation are encouraged.
1. However, paving is not required for permitted and conditional uses in the R-S zoning districts
when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the
provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and
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c. The applicant must enter into an improvements agreement with the city agreeing that the lot
must be paved within nine months of the time an adjacent roadway is paved.
G. Striping. All parking stalls must be marked with white or yellow painted lines not less than four
inches wide, except for one- to three-household dwellings and individual townhouse units. An
exception to this requirement may be approved by the city when the striping would otherwise be
applied to an area that does not have a permanent and durable wearing surface.
H. Lighting. Any lighting used to illuminate an off-street parking area must comply with the lighting
standards of division 38.570.
I. Signs. No sign may be so located that it restricts the sight lines and orderly operation and traffic
movement within any parking area. All signs must conform to the requirements of division 38.560 of
this chapter.
J. Parking lot curbing.
1. All open off-street parking areas and drive aisles must have perimeter concrete curb around the
entire parking lot, including driving access ways, except for individual townhouse units and one-
to three-household dwellings. Continuous concrete curbing must be built according to
standards provided by the review authority. Unless otherwise approved, the perimeter curb
must be six-inch by six-inch concrete.
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 must be provided in all situations where
deemed necessary by the review authority to control drainage and soil erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the city engineer.
4. Requirements for perimeter curbing do not preclude shared access between adjacent parking
lots.
K. Protruding vehicles. All on-site parking stalls which abut property lines must be designed and
constructed such that parked vehicles do not protrude over property lines.
L. Pedestrian facilities in parking lots. Concrete sidewalks a minimum of three feet in width must be
provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs
serve as wheel stops, an additional two feet of sidewalk width is required.
Figure 38.540.020 D. Curb stops.
M. Snow removal storage areas. Snow removal storage areas must be provided sufficient to store snow
accumulation on site. Such areas may not cause unsafe ingress/egress to the parking areas, may not
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cause snow to be deposited on public rights-of-way, may not include areas provided for required
parking access and spaces, and may not be placed in such a manner as to damage landscaping. All
snow removal storage areas must 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 the storm drainage provisions of chapter 40
article 4, and/or best practices manual.
N. Parking and stacking for drive-in/drive-through facilities. Required parking and stacking spaces for
waiting automobiles must provide a minimum of two stalls and six spaces for stacking per lane unless
a traffic summary shows that fewer spaces may be required. These spaces may not in any manner
inhibit on-site or off-site vehicular circulation.
O. Ownership/leasehold. Required parking lots must be owned or leased by the owner or lessee of the
building or use being served by such parking. Such parking lots must 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.
P. Stormwater drainage. Stormwater drainage from parking lots must be directed into landscaped
detention/retention facilities and water quality improvement facilities as required by the engineering
department, or in compliance with the storm drainage provisions of chapter 40 article 4, and/or best
practices manual adopted by the city.
Q. Mechanical automobile lifts. Mechanical automobile lifts may be used to meet required parking when
the mechanical automobile lift design allows for access to a specific car on demand. Parking spaces
within the lift may be counted towards the required parking requirement. The mechanical
automobile lift must be fully enclosed in a structure.
Sec. 38.540.030. - Structured parking facility development standards. (38.25.025)
A. All above ground structured parking facilities must conform to chapters 1 through 4 of the design
objectives plan established pursuant to division 38.340.In the event of a conflict between the design
objectives plan and the standards of this section, the standards of this section will govern.
Exceptions:
1. Single-household dwellings and individual townhouse and multi-household units with physically
separated individual drive aisles. Physical separation is provided when at least one of these
options are provided: Individual garage doors for each interior parking space; a vegetated planter
not less than four feet in width between the parking spaces in the driveway area; or a wall not
less than four feet in height and length, is provided between the parking area in the driveway and
dividing the garage entrance; and
2. For development in the R-5 and B-2M districts, the applicable structured parking provisions in
division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of
division 38.340 or related standards in this section.
B. Building standards.
1. Intent: To promote an active and diverse streetscape, parking structures should be located
behind buildings in the interior of blocks or below grade. Parking garages that front streets must
line the parking garage at the street level with an active use.
a. Street designs accommodate on street parking and pedestrian mobility. Parking lots and
garages rarely front the streets, and are typically relegated to the rear of the lot and the
center of blocks.
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b. Parking garages should be located in the interior of blocks. Parking garages that front onto
streets must provide a lining of retail, office, or residential use at the street level along the
entire street frontage. Parking garages that provide this lining of retail, office, or residential
use at the street level are classified as mixed-use buildings.
2. In all districts, all commercial floor space wrapping a parking structure on the ground floor must
have a minimum floor-to-ceiling height of 13 feet.
3. Structured parking facilities must provide transparency along at least 50 percent of the linear
length of the building's façade. This may be achieved with windows, displays, building lobbies,
building entrances, display windows, or windows affording views into retail, office, or lobby
spaces. This requirement applies to both frontages of a building located on a corner lot.
a. The bottom edge of any window or product display window used to satisfy the transparency
standard of this subsection B.3 may not be more than four feet above the adjacent sidewalk.
b. Product display windows used to satisfy these requirements must have a minimum height of
four feet and be internally lighted.
4. Street-level openings on parking structures must be limited to those necessary for retail store
entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator
lobbies. Parking structures adjacent to streets must have architectural detailing such as, but not
limited to, standard size masonry units such as brick, divided openings to give the appearance of
windows, and other techniques to provide an interesting and human-scaled appearance on the
story adjacent to the sidewalk.
5. Buildings must be articulated with modules, architectural detailing, individual floors visually
expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale.
6. Buildings must be oriented to the adjacent public or private street.
Sec. 38.540.040. - Maintenance of parking areas. (38.25.030)
A. It is 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.
1. Use of required parking areas for parking only. Required off-street parking spaces in any district
may not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles,
except when permitted as a temporary use.
2. Parking spaces identified and maintained. All residential occupancies must provide required off-
street parking spaces. When enclosing a carport or garage for storage or living purposes, an
affidavit must be submitted to the community development director identifying the required
parking spaces necessary to comply with section 38.540.050.
Sec. 38.540.050. - Number of parking spaces required. (38.25.040)
A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles
must 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, the fractional space is not required to be provided.
1. Residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be
provided subject to the adjustments allowed in this subsection 1. The number of disabled
parking stalls as required by Table 38.540.050-6 may be provided from the minimum number
of required parking stalls. All site plans submitted for permit purposes must identify parking
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space allocations. Fees may be charged by the landowner for the use of required parking
spaces.
(1) 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
may not exceed the number of dwellings on the lot. The width of drive accesses,
designated non-parking areas, vision triangles, and similar circumstances may not be
considered to be available for the purpose of on-street parking space.
_____
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Lodginghouse 0.75 spaces per person of approved capacity
Efficiency unit 1.25 (1.0 in R-5)
One-bedroom 1.5 (1.25 in R-5)
Two-bedroom 2 (1.75 in R-5)
Three-bedroom 3 (2.5 in R-5)
Dwellings with more than three bedrooms 4 (3 in R-5)
Group homes and community residential facilities 0.75 spaces per person of approved capacity1
Bed and breakfast 1 space/rental unit
Manufactured home 2
All types of dwellings within the B-3 district 1
Group living /cooperative household/fraternity/sorority 1 space per resident1
1A facility may request to provide fewer parking spaces if the applicant provides evidence that some or all residents
are prohibited from operating motor vehicles. Under no condition may less than two parking spaces be
provided. If the use of the facility is altered to serve a different population who may operate motor vehicles,
then the additional required parking must be provided before the change in use may occur.
b. Adjustments to minimum requirements.
(1) Affordable housing. When calculating the amount of required parking for affordable
housing, as defined in section 38.700.020 of this chapter, 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 must be calculated based on number of
bedrooms outlined in Table 38.540.050-1, but may not exceed two spaces per unit.
(2) Residential uses in mixed-use projects. In order to utilize this section, the long term
availability of the nonresidential parking spaces upon which the use of this section was
based must be ensured to the residents of the project. For the purpose of this section a
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building is considered mixed-use if the nonresidential portion of the building is at least
one-quarter of the gross square feet not used for parking. Residences in mixed-use
buildings may count on-street parking per subsection 1.a.(1) of this section even if the
area is subject to occupancy time limits. The use of this section does not preclude the
use of other sections of this chapter 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 Table
38.540.050-2.
Table 38.540.050-2
Reduction
Allowed
Ratio of Required Nonresidential to Required Residential Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(3) A car-sharing agreement meeting the criteria established by the community
development director may be used to meet the required number of parking spaces. To
use this option the development must have more than five dwelling units. Each vehicle
provided through a car sharing agreement counts as required parking at a ratio of one
dedicated car-share space to five standard spaces, up to a maximum of 50 percent of the
total required residential parking.
(4) Transit availability. A residential development subject to site plan review may take a ten
percent reduction in required parking spaces where the development is within 800 feet
of a developed and serviced transit stop. For the purpose of this subsection a transit
stop is eligible when it has a shelter installed which meets the standards of and is
approved by the transit provider, and service is provided on not less than an hourly
schedule a minimum of five days per week.
2. Nonresidential uses.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-3 must be
provided subject to the adjustments allowed by this division 38.540. Spaces are not required
to be provided free to the user. The required number of disabled parking stalls required by
the Americans with Disabilities Act Accessibility Guidelines (ADAAG) may be provided from
the minimum number of required parking stalls. Accessible spaces count towards satisfying
minimum parking requirements. All site plans submitted for permit purposes must identify
parking space allocations. When a use is not included in Table 38.540.050-2, the review
authority will determine the appropriate classification for the purpose of required parking.
b. Maximum parking. Provision of parking spaces in excess of 125 percent of the minimum
number of spaces required for the net floor area in this subsection 2 is not permitted.
Table 38.540.050-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales
1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle
display spaces
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Use Type Off-Street or Off-Road Parking Spaces Required
Automobile service and/or repair
station
2 spaces per service stall, but no less than 4 spaces
Automobile washing
establishment
Automatic drive-through 3 spaces or 1 for each employee on maximum shift; plus stacking space
Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial institutions 1 space per 300 square feet of floor area
Bowling alley 2 spaces per lane; plus 2 spaces per billiard table; plus
Church
1 space per six persons of maximum occupancy load (as identified in the International
Building Code) for main assembly hall, public assembly areas and classrooms
Community or recreation center 1 space per 200 square feet of floor area
Community residential facility
with more than 9 residents or
age restricted housing
1 space per unit
Health and exercise
establishment
1 space per 200 square feet of floor area; plus 3 spaces per court
Day care centers 1 space per staff member plus 1 space per 15 children permitted
Furniture stores over 20,000
square feet
3 spaces per 1,000 square feet of floor area
Golf courses
1 space per 200 square feet of main building floor area; plus 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 offices
4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full-time
equivalent employee
Manufacturing and industrial uses
1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum
working shift
Motels, Hotels
1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus spaces
for accessory uses as follows:
Restaurants, bars, dining rooms
1 space per 60 square feet of indoor public serving area; plus 1 space per 120 square feet
of outdoor (patio) area
Commercial area 1 space per each 400 square feet of floor area
Public assembly areas
1 space for each 5 seats based upon design capacity, except that total off-street parking
for public assembly may be reduced by 1 space for every 4 guest rooms
Nursing homes, rest homes or
similar uses
4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum shift
Offices (except medical and
dental)
1 space per 250 square feet of floor area
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Use Type Off-Street or Off-Road Parking Spaces Required
Outdoor sales (plant nurseries,
building materials, equipment
rental and similar)
1 space per 500 square feet of sales and/or display area. The size of the sales and/or
display area will be determined on a case-by-case basis.
Restaurants, cafes, bars and
similar uses
1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square feet
of outdoor (patio) area
Retail store and service
establishments
1 space per 300 square feet of floor area
Sales sites; model homes 1 space per 250 square feet of model floor areas; plus 1 space per employee
Schools
Elementary and/or junior high
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 25 square feet of area
available for public assembly if fixed seats are not provided
Senior high
1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1
space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area of
public assembly, or 1 space per 25 square feet of area available for public assembly if fixed
seats are not provided
Business or similar school 1 space for each 1.5 students
Theater, auditorium or similar 1 space per 4 seats based upon place of assembly design capacity
Warehousing, storage or handling
of bulk goods
1 space per 1,000 square feet of floor area devoted to storage of goods; plus appropriate
spaces to support accessory office or retail sales facilities at 1 space per 350 square feet of
floor area
c. 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 may not be considered as joint use of parking or off-site parking regulated by sections
38.540.060 and 38.540.070, nor does the use of this section preclude the use of other
sections of this chapter which may have the effect of reducing the required amount of on-site
parking. More than one adjustment may apply. Multiple adjustments are added together to
modify the minimum required parking from Table 38.540.050-3 in a single operation. Multiple
adjustments are not applied sequentially.
(1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a
small scale Community Commercial Mixed Use growth policy designation or the B-3
zoning district, the parking requirements for nonresidential uses may be reduced.
Table 38.540.050-4
Use
Allowable
Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
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All others 30 percent
(2) Community commercial and residential emphasis mixed use. Within zoning districts
lying within a commercial node, as defined in section 38.700.040 of this chapter, and the
REMU district the parking requirements for nonresidential uses may be reduced.
Table 38.540.050-5
Use
Allowable
Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
All others 10 percent
(3) Transit availability. Required parking may be reduced by ten percent in circumstances
where the development is within 800 feet of a developed and serviced transit stop. For
the purpose of this subsection a transit stop is eligible when it has publicly available
cover from weather approved by the transit provider to be equivalent to a transit
shelter, and service is provided on not less than an hourly schedule a minimum of five
days per week.
(4) Structured parking. An additional 15 percent reduction may be taken when the site is
within 800 feet of a parking structure of at least 200 spaces, which is available to the
general public, and for which a fee for parking is charged.
(5) The first 3,000 gross square feet of a nonresidential building within the B-3 district or
adjacent to designated Storefront block frontage per section 38.500.010 is not included
in the calculation of required parking.
(6) Property owners’ have the option of requesting the reduction of up to ten percent of
the required parking spaces for nonresidential uses if:
a. In addition to the minimum otherwise required by this chapter, two covered bicycle
parking spaces are provided for each automobile space not provided; and
b. For each ten or fraction of ten automobile parking stalls reduced, a nonresidential
shower, changing area, and five clothing lockers are provided on-site.
3. 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 maximum parking areas; because the community'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:
a. Landscaping in lieu of parking. Except in the B-3 district, property owners’ have the option of
requesting the deletion of up to five required spaces or ten percent of the required parking
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spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed
on the property for each space so deleted. This does not decrease the amount of landscaping
that would have been required with full parking, but is in addition to such landscaping. This
option must be approved by the ADR staff. These improvements must be placed in the public
right-of-way or setbacks directly facing the right-of-way.
b. Cash-in-lieu 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:
(1) No building permit must be issued, nor must any use of property be initiated, unless a
satisfactory cash-in-lieu payment is received by the department of administrative
services;
(2) The parking commission must review and consider all requests for cash-in-lieu payments
and furnish a written and dated certificate, signed by the parking commission chair,
authorizing cash-in-lieu payments. A copy of this certificate must be presented to the
chief building official and community development director before a building permit is
issued or the use instituted;
(3) For each required parking space not provided, payment must be made to the city
administrative services department as specified by standard payment requirements
established by the parking commission;
(4) 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, will 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;
(a) In the event that a new use or an expansion is initiated on any portion of real
property or improvements are made subsequent to the assessments for SID No.
565 or other similarly adopted improvement districts, then parking space
requirements must be satisfied prior to initiation of those new or expanded uses.
4. Bicycle parking required. All site development, exclusive of those qualifying for sketch plan
review per division 38.230 of this chapter, must provide bicycle parking facilities to
accommodate bicycle-riding residents and/or employees and customers of the proposed
development. The number of bicycle parking spaces must be at least ten percent of the number
of automobile parking stalls required by Tables 38.540.050-1 and 38.540.050-3 before the use of
any special exception or modification, but must in no case be less than two.
a. Bicycle parking facilities must comply with standards in the city's long range transportation
plan.
b. Required bicycle parking must be provided in a safe, accessible and convenient location.
Directional signage must be installed when bicycle parking facilities are not readily visible
from the street, sidewalk, or main building entrance. Installation of bicycle parking must allow
for adequate clearance for bicycles and their riders.
c. Bicycle parking may be provided in a common area to serve multiple buildings. The common
area must be within 100 feet of each served building.
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d. Covered bicycle parking is encouraged.
e. Bicycle parking is permitted in required front or rear setbacks. Covered parking may be
integrated with required weather protection features. Alternate designs will be considered
by the review authority provided the alternate design meets or exceeds the intent of this
standard.
6. B-2M district.
a. Minimum requirements. The number of spaces shown in Table 38.25.040-6 shall be
provided subject to the adjustments and exceptions allowed in this subsection.
b. Maximum parking. Provision of parking spaces in excess of the minimum number of spaces
required in Table 38.25.040-3 is not permitted.
Table 38.540.050-6
Use Minimum Parking Spaces Required
Minimum Bicycle Parking Spaces
Required
Residential 1 per unit 1 per unit
Commercial
2 per 1,000 square feet of gross
floor area
1 per 1,000 square feet of gross
floor area
Restaurant (stand-alone)
5 per 1,000 square feet of gross
floor area
5 per 1,000 square feet of gross
floor area
Hotels, Motels 0.8 per guest room
2 per 5,000 square feet of gross
floor area
Arts and/or Entertainment
Center
5 per 1,000 square feet of gross
floor area
5 per 1,000 square feet of gross
floor area
Manufacturing
2 per 1,000 square feet of gross
floor area
2 per 5,000 square feet of gross
floor area
c. Adjustments to minimum requirements. No reductions in required parking spaces may be
taken for any development within the B-2M zoning district, except pursuant to 38.25.050,
Joint use of parking facilities.
d. Requirements within the Midtown Urban Renewal District in the B-2M zoning district. The
minimum parking requirements of this section do not apply within the Midtown Urban
Renewal District the boundary of which is described in the Midtown Urban Renewal Plan
adopted pursuant to Ordinance 1925 and incorporated herein. All other requirements of this
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section, including bicycle parking, maximum parking and standards when parking is provided,
are applicable.
e. Off-site parking. Any off-site parking used to meet the requirements of this chapter for
development in the B-2M zoning district must comply with 38.25.060, except that off-site
parking for multiple household dwellings may not be located more than 1,000 feet from any
commonly used entrance of the principle use served.
Sec. 38.540.060. - Joint use of parking facilities. (38.25.050)
Up to 80 percent of the nonresidential parking spaces required by this division 38.540 may be provided
through shared parking, subject to the requirements in subsections A and B of this section.
A. Shared parking may be requested if parking can be provided to serve two or more individual land
uses without conflict or encroachment. The review authority may make a determination for shared
parking arrangements based on a traffic survey or traffic impact study for the site based on the
following:
1. At a minimum, 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 review authority.
2. The parties sharing parking spaces must enter into a long-term joint use agreement revocable
with review authority approval, running with the term of the designated uses.
B. Conditions required for joint 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 must 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 must show that there is no substantial overlap 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 instrument, executed by the parties concerned for joint use of off-street
parking facilities, duly approved as to form and manner of execution by the city attorney, must
be filed with the city clerk and recorded with the county clerk and recorder.
Sec. 38.540.070. - Off-site parking. (38.25.060)
A. Any off-site parking used to meet the requirements of this chapter must be reviewed by the
community development director for compliance with this chapter and will be subject to the
following conditions:
1. Off-site parking must be developed and maintained in compliance with all requirements and
standards of this chapter;
2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use
being served must be provided;
3. Off-site parking for one-household and two-household dwellings is not permitted;
4. Off-site parking for multiple household dwellings may not be located more than 300 feet from
any commonly used entrance of the principal use served;
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5. Off-site parking for nonresidential uses may not be located more than 1,000 feet from the
entrance of the principal use. The distance is measured on a pedestrian route of travel such as a
sidewalk or city standard trail from the nearest parking space to the entrance of the principal
use served; and
6. Any use which depends upon off-site parking to meet the requirements of this chapter must
maintain ownership or provide evidence of a long-term lease agreement, revocable with review
authority approval, running with the term of the designated use, for parking utilization of the off-
site location.
Sec. 38.540.080. - Off-street loading berth requirements. (38.23.140)
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 gross floor area of
15,000 square feet or more must provide off-street truck loading or unloading berths in accordance
with the following Table 38.540.080:
1. Any office building 100,000 square feet or larger must have at least one off-street loading berth.
Table 38.540.080
Square Feet of Aggregate Gross Floor Area Devoted to Such Use Number of Berths
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
B. Standards for off-street loading facilities. All off-street loading facilities must conform to the
following standards:
1. The first loading berth must be at least 70 feet in length. Additional berths required must 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 must be at
least 25 feet in length. All loading berths must 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 setback space, except front and exterior
side setbacks, and may 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 eight feet in
height.
3. Sufficient room for turning and maneuvering vehicles must be provided on the site so that
vehicles can cross a property line only by driving forward.
4. Each loading berth must 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 must be paved so as to provide a durable, dustless
surface and must be so graded and drained as to dispose of surface water without damage to
private or public properties, streets or alleys.
6. Bumper rails must be provided at locations where needed for safety or to protect property.
7. No regular repair work or servicing of vehicles may be conducted in a loading area.
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8. Off-street loading facilities must 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 must be equal
to the sum of the requirements prescribed in this chapter 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 greater than the minimum for which
loading berths are required, off-street loading berths must be provided as if the aggregate gross
floor area were used for the use requiring the greatest number of loading berths.
10. Off-street loading facilities for a single use will 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, off-street
loading berths subject to the provisions of division 38.270 of this chapter must be provided. The
number of loading berths provided for a major alteration or enlargement of a site or structure
must be in addition to the number existing prior to the alteration or enlargement.
12. Space allocated to any off-street loading berth may not be used to satisfy the space
requirements for any off-street parking facility.
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38.550 Landscaping
Sec. 38.550.010. - Purpose and intent. (38.26.010)
A. 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
the city 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 division are
to promote and protect the health, safety and welfare of the public, these landscaping regulations
are adopted as part of this chapter 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, stormwater 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 encouraging 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
10. To encourage the conservation of water by rewarding the use of low water demand landscaping.
Sec. 38.550.020. - Interpretation and scope. (38.26.020)
A. The provisions of this division apply to a lot or site when an application is being made for:
1. Site development approval pursuant to division 38.230 of this chapter;
2. Signs pursuant to division 38.560 of this chapter 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 subsection A,
"restoration" means the act of putting back into a former or original state, only.
B. Notwithstanding the application of subsection A of this section, the provisions of this division 38.550
do not apply to the following:
1. Lots containing residential uses subject to sketch plan review, except when such lots are subject
to sections 38.550.050.A and E, 38.550.070 and 38.550.100;
2. Lots or sites within a planned unit development which has been approved with its own
landscape plan. However, these provisions must be used as the basis for determining the
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landscaping plans for future planned unit developments and such planned unit development
landscaping plans must meet or exceed the standards of these landscape regulations; or
3. Lots or sites which are designed, reviewed and approved according to the deviation provisions
specified in section 38.550.080.
Sec. 38.550.030. - General landscaping provisions. (38.26.030)
A. Landscape plans must include the information required by 38.220.100.
B. Vegetation may only be used to satisfy the requirements of this division 38.550 when it is located on
the same zone lot as the development depicted on the landscape plan.
Sec. 38.550.040. - Landscape plan review. (38.26.040)
A. The review authority established in division 38.200 must 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 section 38.550.050.
C. In addition, all landscape plans must earn a minimum number of points as specified in section
38.550.060. 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 section 38.550.060.
Sec. 38.550.050. - Mandatory landscaping provisions. (38.26.050)
A. Setback landscaping required. For all uses in all districts, unless otherwise provided by specific
approval through design review procedures, all front, side and rear setbacks, and those areas subject
to section 38.550.050.E, exclusive of permitted access drives, parking areas and accessory
structures, must be landscaped as defined in this chapter. All landscaped areas must be perpetually
maintained in a healthy condition.
1. For purposes of defining setback landscaping requirements, the terms "setback," "front setback,"
"side setback" and "rear setback" mean the space between the actual building, parking lot, or
other 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, drive aisles, lamp posts and similar structures, and unobstructed by structures, except
as otherwise provided in this chapter.
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Figure 38.550.050 A.1 Setbacks.
B. 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.
C. 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 drive 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 , provided within a building or parking structure, as defined in section
38.700.150 of this chapter.
2. All surface parking lots on the building site or artificial lot, whichever is applicable, must be
landscaped in accordance with this subsection C.2 which describes landscaping requirements in
addition to the setback 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
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(3) The screening required under subsections C.2.a.(1) and (2) of this section may be not
less than four feet in width and must be maintained at a height of four to six feet except
as otherwise restricted by fence and hedge height limits within required front setbacks
and street vision triangles.
Figure 38.550.050 C.2.a Parking lot landscape screening.
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 non-canopy tree and one small tree; or
(3) Three small trees for each nine parking spaces required or provided.
c. No parking space shall be located more than 90 feet from the trunk of a tree.
d. No tree shall be planted closer than four feet to the paved portion of the parking lot.
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Figure 38.550.050 C.2.d.
e. Additionally, any parking lot providing 15 or more parking spaces must 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 must be designed to facilitate, control and denote
proper vehicular circulation patterns;
(2) Internal parking lot landscaping provided must be proportionately dispersed so as to
define aisles and limit unbroken rows of parking to a maximum of 100 feet, with
landscaped areas provided in an appropriate scale to the size of the parking lot; and
(3) The minimum width and/or length of any parking lot landscaped area is eight feet.
f. The above standards are minimum mandatory standards. The provisions of section
38.550.060 require additional vegetation or other landscape features for receipt of
performance standard points.
D. Screening of off-street loading spaces.
1. All off-street 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 off-street loading spaces on a lot must be
screened from all public streets adjacent to that lot.
3. The screening required under subsections D.1 and 2 of this section must be at least six feet in
height.
E. 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 drive aisles must be
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landscaped, as defined in this chapter, and must include one large canopy tree for each 50 feet of
total street frontage rounded to the nearest whole number. When this requirement conflicts
with other requirements of this chapter or other portion of this Code the review authority 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 department. Street trees must meet the arboricultural specifications and standards
of chapter 16, article V, division 3. The forestry department, in cooperation with the city 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 minimum quantity of trees and other landscaping required and provided in the public right-
of-way as described herein must be designed to complement on-site landscaping and to enhance
the proposed development project and the streetscape.
F. Street median island landscaping. All street median islands approved through a plan review process
must be landscaped according to requirements determined through the plan review process.
G. Acceptable landscape materials.
1. Acceptable plant materials are those identified as hardy in Zones 1 through 4. The
characteristics of the zones are described in The Western Garden Book, Sunset Publishing
Corporation as amended. Alternatives may be considered upon a case-by-case basis. However,
in the case of street frontage landscaping as required in subsection E of this section, acceptable
tree species are limited to those approved by the city forestry division.
2. No artificial plant materials may be used to satisfy the requirements of this division 38.550.
3. Plant materials used to satisfy the requirements of this division 38.550 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 non-canopy trees must have either:
(1) For deciduous trees a minimum caliper of 1.5 inches to two inches; or
(2) For evergreen trees a minimum height of eight feet.
b. Small canopy and non-canopy trees must have either:
(1) For deciduous trees a minimum caliper of one inch; or
(2) For evergreen trees a minimum height of six feet.
c. All other non-turf plantings must 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.
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Figure 38.550.050 Dimensions of acceptable landscape materials.
H. Protection of landscape areas.
1. Perimeter parking lot treatment as required in section 38.540.020.J must 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 review authority. Railroad ties, rolled asphalt, pin down wheel stops or
similar methods of curbing are not acceptable methods of landscape protection within parking
lots.
I. Irrigation standards.
1. Permanent irrigation systems must 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 must 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 setback with a residential
adjacency, at least one of the performance standards in section 38.550.060.B that requires the use of
one or more trees.
K. Coordination with utilities. In order to prevent damage to both vegetation and public utility lines, all
trees and other large vegetation may planted no closer than the minimum distance specified in the
city design standards and specifications policy.
L. Maximum allowable slope or grade.
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1. The finish grade of all landscaped areas, including, but not limited to, required setbacks, parking
lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas
adjacent to sidewalks, public trails or pathways, and any stormwater facilities proposed in
required setbacks, dedicated parkland, or open space areas may not exceed a slope of 25
percent grade (four run to one 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 38.550.050).
3. The review authority may vary the maximum allowable slope of 25 percent grade to protect
existing topographical or natural features (i.e., watercourse, wetlands, mature vegetation)
associated with a site. Alternatives to enable exceeding the maximum allowable slope of 25
percent may include terracing, retaining walls, architectural appurtenances, landscape features,
or a combination thereof that will achieve a greater design quality and enhanced landscape
features.
4. All landscaped areas to be finished in grass that exceed a maximum allowable slope of 25
percent grade must 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) must be provided to
ensure a stable slope for a minimum of one calendar year while the vegetation becomes
established.
Sec. 38.550.060. - Landscape performance standards. (38.26.060)
A. In addition to complying with the mandatory landscape provisions in section 38.550.050, all
landscape plans must earn a minimum number of points as specified in this section. 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 38.550.060-1
Zoning District
Lot With
Residential
Adjacency
(as defined in
section 38.700)
Lot Without
Residential
Adjacency
All districts not listed below 23 15
B-1 18 15
B-3 ("core area" as defined in section 38.300.090.4.a) 13 (0) 13 (0)
PUD site plans 23 15
Residential PUD non-site-specific open space plans must meet or exceed
the standards of these landscaping regulations unless a specific relaxation
has been granted
15 15
Commercial PUD non-site-specific open space plans must meet or exceed
the standards of these landscaping regulations unless a specific relaxation
has been granted
23 15
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2. The points required under subsection A.1 of this section may be earned by enhancing
mandatory setback 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 section 38.550.050
(except subsection E of said section for boulevard trees) may be used to meet the requirements
of this section.
B. Setback landscaping enhancement. When considering whether landscaping meets the requirements
of this section, groupings must be arranged 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 maturing
vegetation.
1. Points may be earned for use of certain vegetation types as follows:
a. Three points are awarded for the installation of 50 percent or greater of the surface area of
the setback with drought tolerant species of herbaceous perennials, and grasses accepting of
maintenance by annual mowing and limited irrigation;
b. Three 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 will be awarded for each mature tree existing on-site over six 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 will be measured at one foot above
grade.
2. Five points per setback (up to 15 points maximum) are awarded when the landscaped setback
contains, for each 50 linear feet of each landscaped setback, one or more of the plant elements
in both columns A and B in the following Table 38.550.060-2:
Table 38.550.060-2
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large non-canopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrubs
a. The required plant elements from columns A and B in Table 38.550.060-2 may be arranged in
any combination meeting the quantity requirements of this subsection B.
3. In the case of a lot with residential adjacency only, eight points are awarded for providing
vegetative screening in the landscaped setback adjacent to the residence in accordance with the
following:
a. The screening must be of natural vegetation at least six feet in height;
b. The screening must extend along the entire length of the portion of the landscaped setback
where a residential adjacency exists, exclusive of:
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(1) Public street frontage;
(2) Drive aisles and access ways at points of ingress and egress to the lot; and
(3) Street vision triangles;
c. However, no points are awarded for screening required by section 38.550.050.B 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:
(1) An earthen berm must be planted with groundcover. The earthen berm may not have a
slope that exceeds one foot of rise for each two feet of run and must be at least four
feet high, including planting materials, subject to front setback and street vision triangle
height limitations.
(2) Evergreen plant materials must:
(a) Be located in a bed that is at least three 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 entries, are provided.
5. Three points (up to five nine 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 38.550.060-2. In order to qualify, a landscaped roof must meet all requirements of this
chapter, including at least 75 percent coverage with live vegetation and permanent irrigation.
C. Non-vegetative special features.
1. 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 five percent of the length of the total perimeter of the lot or artificial lot for each two
points to be awarded;
b. Have a vertical face surface of at least one foot along the length of the area to be considered
for subsection C.2.a of this section;
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.
e. One point is awarded for each stone boulder not smaller than three feet in diameter which is
integrated with other landscaping, up to a maximum of three points;
2. One point is awarded for each nine cubic feet of original, freestanding, permanent sculpture
which is integrated with other landscaping, up to a maximum of eight points.
3. Two points are awarded for each one percent increment of lot area covered by publicly
accessible special pedestrian facilities and features such as plazas, courtyards, covered walkways,
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fountains, seating areas, and outdoor recreation facilities, up to a maximum of eight points. The
lot area must meet pedestrian-oriented space design criteria set forth in 38.520.060.D.
D. Parking lot landscaping.
1. Ten points are awarded when all surface parking lots, as defined in section 38.700.170 of this
chapter on the building site or artificial lot, whichever is applicable, are landscaped in accordance
with this subsection D in addition to that landscaping required in section 38.550.050:
a. The parking lot must contain one of the plant groups from subsection 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 16 parking spaces; and
b. No required parking space may be located more than 70 feet from the trunk of a large
canopy tree.
Sec. 38.550.070. - Landscaping of public lands. (38.26.070)
A. City rights-of-way and parks.
1. General.
a. Tree planting permits must be obtained from the forestry department prior to installation of
trees in city rights-of-way or parks.
b. Drought tolerant grass seed must be planted in these areas.
2. External streets, open space, and parks. The developer must 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 rights-of-way or parks, the developer must submit a
landscaping plan to the facilities manager for review and approval. The landscaping plan must
be prepared by a qualified landscaping professional meeting the requirements of this division
38.550. Tree planting permits must be obtained before any tree is placed on public land.
b. Wells must be used to irrigate landscaping in these areas.
3. Adjacent to individual lots. When individual parcels are developed, the individual property
owners’ must install landscaping and street trees within the public right-of-way boulevard strips
adjacent to their property, and providing for irrigation, in compliance with section
38.550.050.E.1.
B. Maintenance.
1. Maintenance of landscaping installed within the boulevard portion of the public right-of-way,
with the exception of tree trimming and tree removal, is the responsibility of adjacent property
owners’.
2. A developer must irrigate and maintain landscaping along external streets and landscaping
adjacent to parks or other open space areas until 50 percent of the lots are sold. Thereafter, the
property owners’ association is 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.
3. The city is responsible 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.
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C. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same manner
described in this section, provided that the state department of transportation has reviewed and
approved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard
portion of the public right-of-way is the responsibility of adjacent property owners’ unless a different
responsibility is established by the encroachment permit.
Sec. 38.550.080. - Departure from landscaping requirements. (38.26.080)
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design in
an area, it may be necessary to depart from the strict application of landscaping requirements. An
application for such departure must be processed per section 38.250.060.
B. The application for departure must be accompanied by written and graphic material sufficient to
illustrate the conditions that the modified standards will produce, so as to enable the review
authority to determine that the departure 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 division 38.550. Upon such a finding, the review authority may authorize
departures of up to 20 percent from landscape design standards contained herein.
Sec. 38.550.090. - Landscaping completion. (38.26.090)
All landscaping must be completed or secured in accordance with the provisions of division 38.270 of
this chapter.
Sec. 38.550.100. - General maintenance. (38.26.100)
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, fertilizing, pruning and other
maintenance of all plantings as needed. However, the city forestry department 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 chapter, external factors such as seasonality
and availability of landscape stock must 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 the owner's
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 must make every reasonable effort to preserve the landscaping materials and return
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.
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38.560 Signs
FOOTNOTE(S):
--- (9) ---
State Law reference— Information signs, MCA 60-5-501 et seq.
Figure 38.560 Signs.
Sec. 38.560.010. - Intent and purpose. (38.28.010)
A. It is the intent and purpose of this division 38.560 to promote the health, safety and welfare of the
residents and visitors of the city 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, or within a building and visible from the exterior for the following reasons:
1. To preserve the Bozeman area's natural scenic beauty and character as expressed in adopted
city plans and policies;
2. To contribute to inviting entrances into the city by eliminating clutter associated, in part, with
the unrestricted proliferation of signs, lights and stringed devices;
3. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community's built and natural environment;
4. To give all businesses an equal opportunity to have a sign that will help people find the services
they need;
5. To ensure that pedestrians and motorists are protected from damage or injury 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 38.16.070 and 38.340.170 establish
certain exemptions, and alternative procedures utilizing design review. The deliberations and
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decisions of the design review board must be directed to accomplish the intent and purpose of
this section. It is determined that the regulations contained herein are the minimum necessary
to further the interests of this chapter; and
6. To protect the public health and safety by minimizing distractions to the traveling public.
Sec. 38.560.020. - Sign permit requirements. (38.28.020)
If a sign requiring a permit under the provisions of this division 38.560 is to be placed, constructed,
erected or modified on a zone lot, the owner of the lot must obtain a sign and building permit prior to
the construction, placement, erection or modification of such a sign. Furthermore, the property owner
must maintain in force, at all times, a permit for such sign. No permit of any kind may be issued for an
existing sign or proposed sign unless such sign is consistent with the requirements of this division
38.560. Murals as defined in section 38.700.120 of this chapter are not subject to this division 38.560 but
may be subject to the provisions of division 38.340 of this chapter.
Sec. 38.560.030. - Prohibited signs. (38.28.030)
A. All signs not expressly permitted under this division 38.560, or exempt from regulation, are
prohibited in the city. Such signs include, but are not limited to:
1. Portable signs (except as allowed under chapter 34, article V);
2. Roof signs;
3. Revolving signs, except as permitted in section 38.560.060;
4. Beacons, spotlights;
5. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for
incidental signs as defined in section 38.700.110 of this chapter;
6. Pennants, streamers, wind socks, pinwheels, or similar items;
7. Stringed flags;
8. Inflatable signs and tethered balloons (except as permitted per section 38.560.040);
9. Signs located in public rights-of-way (except for those specifically permitted in this division
38.560; and
10. Signs that resemble an official traffic sign or signal, and signs that resemble traffic signs because
they predominately display the words "STOP," "GO SLOW," "CAUTION," "DANGER,"
"WARNING," or similar words that are commonly used by agencies of government and
construction contractors to draw attention to traffic or roadway hazards.
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Sec. 38.560.040. - Permitted temporary and special event signs. (38.28.040)
A. Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but
excluding those subject to section 38.560.050, may be allowed only as follows:
1. Special event signs are permitted in the zones described in section 38.560.060.A.1 and 2.
2. Applicants for temporary signs must apply for, and have approved, a temporary sign permit
3. All temporary signs must comply with size, height, and location requirements of this division
38.560.
4. For special commercial events, temporary signs may be displayed for a consecutive period not
to exceed 15 days, for a maximum of 30 days per calendar year, from January 1 to December
31. There must be a period of at least seven days between each 15-day display period.
5. Temporary signs which identify a new business may be displayed for a period not to exceed 60
days, additional temporary signs must not be allowed until the next calendar year. Only one
temporary sign identifying a new business will be permitted for the life of the business. A
subsequent temporary sign identifying a new business 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.
6. 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 previously had a temporary sign in the same location,
the business will be allowed a maximum of an additional 30 days of temporary signage.
7. Itinerant vendors will 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
than seven days.
8. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental facilities, may apply for a long term temporary sign which may be approved for a
period not to exceed 180 days.
9. Businesses may promote events in the community, such as the County Fair or Sweet Pea
Festival, 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 towards the temporary and special event
signage limit of 30 days per year.
Sec. 38.560.050. - Signs exempt from permit requirements. (38.28.050)
A. The following signs are exempt from the permitting requirement but must comply with the criteria
for signs allowed by this division 38.560, except section 38.560.060:
1. Residential zones (R-S, R-1, R-2, R-3, R-4, RMH, REMU [single-household, two- to four-
household, townhouse, and apartments]).
a. Temporary, non-illuminated signs that do not exceed nine square feet in total area and, if
freestanding, five feet in height. No more than one such sign shall be displayed 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 must be removed immediately when the working party leaves the property. Such sign
may not exceed nine square feet in total area and, if freestanding, may not exceed five feet in
height. Not more than one such sign per street frontage per lot is allowed. Such signs are not
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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-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 non-illuminated signs (e.g., real estate sale, for rent or lease, political campaign,
non-commercial speech sign); such signs must not exceed 32 square feet in size, must be no
more than five feet high and must 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, non-illuminated sign identifying the businesses working at a construction site
may be posted. The signs for multiple businesses will be aggregated among all those working
on the site and in total may not exceed 32 square feet in size, may be no more than five feet
high and must 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, and landscape companies, must be on a single sign per street
frontage per lot. Such signs are not considered off-premises advertising so long as the
identified business is actively engaged on the site.
e. No more than four on-premises directional signs not exceeding four square feet in area and
five feet in height; such signs may not contain any commercial messages.
3. All zones.
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, will 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.
Sec. 38.560.060. - Signs permitted upon the issuance of a sign permit. (38.28.060)
A. The following on-premises signs are permitted in the indicated zones subject to a sign permit:
Table 38.560.060
Non-Residential Sign Standards
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Zoning District B-1 B-2 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
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
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
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Non-Residential Uses
Zoning District BP PLI HMU REMU RO
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 façade and the street right-of-way or between the building façade
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 must comply with section 38.560.080.
2. Freestanding signs. One freestanding sign is permitted per zoned lot as defined in section
38.700.170 of this chapter. Signage area used for free-standing signs is counted towards the
maximum allowed signage area.
3. Wall signs.
a. Regardless of the allowance for additional area, the maximum area may not exceed the
amount allowed for the district.
b. Lots fronting on two or more streets will be permitted signage area for each building
frontage.
c. Canopy, window and awning signs are classified as wall signs. Wall signs may not project
above the top of a wall or parapet.
4. Projecting signs. One projecting sign per tenant is allowed, unless otherwise approved through a
comprehensive sign plan. Projecting signs must 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 exceeding a rotational speed of one full rotation in two
seconds are prohibited.
5. Residential building identification signs. For properties used for multi-household residential
buildings, one residential identification wall sign per street frontage is permitted. No sign may
exceed eight square feet in area.
6. Ghost signs as defined in Section 38.700 do not apply toward the maximum square foot signage
areas of Table 38.560.060.
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. No sign may 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 multi-household residential
buildings, one residential identification wall sign per street frontage is permitted. No sign may
exceed eight square feet in area.
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3. Signs appurtenant to residential principal and conditional uses and home occupations.
a. Principal residential uses and home occupations are permitted commercial message signage
not to exceed four square feet in area; such signs may not be located in any required setback
area. In addition, home occupations are permitted a single one-square foot sign 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 are permitted non-commercial speech signs which do not exceed 30
square feet in area nor five feet in height. Such signs 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 are 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, are
permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only
during the hours of operation.
4. Planned unit developments. Commercial establishments within planned unit developments
where the underlying zoning is residential are 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. 2Interchange zone. Signage may exceed the maximum total signage area permitted by section
38.560.060.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 is permitted one freestanding sign.
a. Low profile signs. One low profile sign per zoned lot. The maximum area for a low profile
sign is 40 square feet. The sign must be set back a minimum of five feet with a maximum
height of eight feet.
b. Pole-style signs. A pole-style freestanding sign must be set back a minimum of 15 feet and will
maintain at least an eight-foot minimum vertical clearance. Pole-style signs may 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.
3. Downtown (B-3). Permits for signs that encroach into the public right-of-way must be obtained
in accordance with chapter 34, article 5 of the Municipal Code.
Sec. 38.560.070. - Wayfinding signage. (38.28.070)
A. Purpose. Wayfinding signs serve to assist travelers in navigating the larger community and identifying
defined districts. Wayfinding signs or kiosks are not intended to serve as off-premises advertising for
individual entities.
B. Defined districts. To qualify as a district an area must have a significant commonality of purpose and
identity, and shared functions serving the larger community. Designation as a district is at the
discretion of the city and will only be granted when found to be consistent with the intent of this
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division 38.560 and the city's other adopted regulations, policies and plans. Approval of district
designation is the duty of the review authority, who must make written findings of the decision.
C. Wayfinding signage is intended to add to the district's "sense of place" and may include district
identification signs, directory signs to designate shared or common spaces such as parking facilities,
parks, trails and open space. It may also include pedestrian-scale informational kiosks to announce
district events and/or to list a directory that corresponds with a map presented in the kiosk.
Wayfinding signs may not advertise specific businesses or otherwise constitute off-premises signs.
Wayfinding signage is permitted within districts only after approval of a comprehensive wayfinding
signage plan.
D. Submittal of a comprehensive signage plan for wayfinding must be made by a single individual or
entity legally authorized to represent the area within the plan and with the consent of the relevant
governing authority. In addition to the requirements of section 38.560.180, a comprehensive signage
plan for wayfinding must:
1. Include a description of the installation and maintenance program for the signs including, but not
limited to: who is responsible for installation and maintenance; identified reliable funding for
installation and maintenance; contact plan for the responsible individual; and a description of
how the sign program will be kept updated or removed. If the signs are to be illuminated, a
description of how the power source may be removed and made safe must be included.
2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual
aesthetic consistent with the streetscape design elements in the district; coordinate information
for pedestrians and drivers in a clear, consistent, and understandable format, and reduce visual
clutter.
3. Include information on how the district stakeholders were given opportunity to collaboratively
participate in the selection of the sign types and designs.
4. Clearly describe the hierarchy of signs and include the criteria for determining sign placement
and size. Any signs intended to be read from the right-of-way must comply with the lettering
standards of the Manual for Uniform Traffic Control Devices for the road type and speed.
5. Include signage elevations and plans with corresponding map, designating sign types and
locations.
E. Design standards. The wayfinding signs must include and meet the following standards and
provisions:
1. Color schemes, fonts and materials. Coordinated color schemes, fonts and materials, including
base supports, cabinet details and mounting methods, must serve to distinguish wayfinding
signage within the district from other districts.
2. Lighting. Lighting is not required. If any lighting is proposed, the wayfinding signage plan must
include cut-sheets and lighting details in accordance with the standards established in division
38.570.
a. Photovoltaic panels to provide power, where appropriate, are encouraged.
3. Size and location. Signage may be located within required setbacks and may be located within
the right-of-way, with approval from the applicable review agencies including the city and/or the
state department of transportation. Restrictions for signs within the public right-of-way may be
more strict than those on private property in order to avoid conflict or confusion with official
regulatory and warning signs or interference with travel.
4. Wayfinding signs must comply with the following standards:
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a. Wayfinding signs that are affixed to a light post, traffic post or sign within the right-of-way
may not exceed four square feet in area and are limited to one sign per block face (or
equivalent).
b. Any signs intended to be located within the right-of-way must comply with the construction
standards of the Manual for Uniform Traffic Control Devices.
c. Freestanding wayfinding kiosks or signs are limited to one sign per two blocks (or
equivalent), may not exceed 30 square feet in area per face and may not exceed seven feet in
height.
d. Wayfinding signage may be located within the street-vision triangle at intersections
controlled by a traffic light.
e. Decorative features including but not limited to post caps may extend an additional two feet
for a total of nine feet in height.
f. Photovoltaic panels are exempt from the height requirement.
g. Business names, logos, or other marks identifying specific parties may be on a directory list
or map in a kiosk but may not exceed one inch in height.
h. Wayfinding signage may not interfere with the clear passage of pedestrians or vehicles, or
otherwise cause safety hazards.
i. Wayfinding signs may not obscure or obstruct any existing regulatory, warning, or parking
control signs.
5. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of platted
lots.
6. A performance bond or other surety acceptable to the city may be required for the
maintenance, replacement, updating, and/or removal of signs in an amount acceptable to the city.
Sec. 38.560.080. - Comprehensive sign plan. (38.28.080)
A. A comprehensive sign plan must 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 will not be approved unless it is
consistent with this division 38.560, 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 must be achieved by:
1. 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; or
using other integrating techniques, such as common color elements, determined appropriate by
the review authority.
2. Using the same form of illumination for all signs, or using varied forms of illuminations
determined compatible by the review authority.
Sec. 38.560.090. - Multi-tenant complexes with less than 100,000 square feet of ground floor
area. (38.28.090)
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. The maximum permitted wall sign area allowed for each tenant space is the percentage of the
total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by
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section 38.560.060.A.2 or section 38.560.060.B.2, unless otherwise allocated in an approved
comprehensive sign plan per section 38.28.070. 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 are allowed a low profile sign that identifies the complex, which
conforms to this division 38.560, in addition to the sign area already permitted under section
38.560.060.A.2 or section 38.560.060.B.2.
Sec. 38.560.100. - Multi-tenant complexes with more than 100,000 square feet of ground floor
area. (38.28.100)
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. Freestanding signs.
a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in area
or 16 feet in height is permitted. The signage area computed for a pole-style sign may not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
b. Low profile signs. One low profile sign is permitted at each secondary entrance of the
complex, provided each sign may not exceed 32 square feet in area, nor five feet in height,
and is set back a minimum of five feet from the property lines. All low profile signs may only
identify the complex and must display the street number address in figures which are at least
six inches high. Low profile signs complying with these regulations will not be factored when
calculating the maximum permitted wall sign area.
2. Wall signs. Each tenant is permitted wall signage square footage calculated from 1.5 times the
linear store frontage. For the maximum allowable total signage, please see section 38.560.060.1
or 2.
Sec. 38.560.110. - Indoor shopping mall complexes with more than 100,000 square feet of
ground floor area. (38.28.110)
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. Freestanding signs.
a. Pole-style signs. One pole-style sign per street frontage not to exceed 48 square feet in area
or 16 feet in height is permitted. The signage area computed for a pole-style sign may not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
b. Low profile signs. One low profile sign is permitted at each secondary entrance of the
complex, provided each sign may not exceed 32 square feet in area, nor five feet in height,
and is set back a minimum of five feet from the property lines. All low profile signs may only
identify the complex and must display the street number address in figures which are at least
six inches high. Low profile signs complying with these regulations will not be factored when
calculating the maximum permitted wall sign area.
2. Wall signs. Each anchor tenant occupying 20,000 square feet or more is permitted 300 square
feet of wall signage. Each tenant with an exclusive outdoor customer entrance is permitted wall
signage square footage calculated from five percent of the ground floor area.
Sec. 38.560.120. - Illumination. (38.28.120)
A. Illumination, if any, must 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 are limited to 60 milliamperes
and fluorescent transformers are limited to 800 milliamperes to soften light output. The output of
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lumens from lighting provided by other types of light emitters may not exceed that emanating from
gas type transformers as regulated in this subsection A. Additionally, neon and other gas type signs
with exposed tubing must be equipped with dimmers.
B. Externally illuminated, wall-mounted, and pole signs must be lighted by fixtures mounted at the top
of the sign and aimed downward; ground-mounted sign lighting must only be used for monument
style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond
the sign.
Sec. 38.560.130. - Street vision triangles. (38.28.130)
Signs may not be placed in sight vision triangles as they are established in section 38.400.100, unless
specifically authorized in this division 38.560.
Sec. 38.560.140. - Required address signs. (38.28.140)
Street numbers are required for all residential, commercial, industrial, and civic uses in all zones. All
building numbering must comply with article 7 of chapter 10.
Sec. 38.560.150. - Billboards and other off-premises advertising. (38.28.150)
A. Off-premises commercial advertising signs are not permitted within the city limits except as
permitted by state or federal law.
1. Exception:
a. Transit shelters: Off-premises signs may be placed on the interior of transit shelters reviewed
and approved by the city and served by an active fixed route transit service. Signage within a
transit shelter may not distract drivers of vehicles nor be legible from the driving lanes.
b. Ghost signs: Ghost signs are not considered to be off-premises signage.
Sec. 38.560.160. - Signs erected in conjunction with nonprofit activities on public property.
(38.28.160)
A. Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors
of youth and sports activities, are allowed only as follows:
1. The sign is permitted only at developed facilities in public parks or other publicly owned lands.
2. The sign may be erected two weeks prior to the commencement of the activity and must be
removed within two weeks after the cessation of the activity for which the sign was erected.
3. Each individual sign may be no larger than 32 square feet. Freestanding signs must be setback a
minimum of 15 feet from the property line and have a maximum height of five feet. Signs
attached to walls or scoreboards are not subject to the five foot height limitation. However,
signs attached to walls or scoreboards may not exceed the height of the wall or scoreboard to
which they are attached. All signs must be oriented towards spectators attending the activity.
4. The sign may not:
a. Be individually illuminated; nor
b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling
public.
5. Applicants for such signs must apply for, and have approved, a special temporary sign permit
detailing the nature of the sign to be erected and the duration the sign will remain in place.
Applications and review procedures must be made per section 38.560.180.
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Sec. 38.560.170. - Historic or culturally significant signs. (38.28.170)
Signs which have historical or cultural significance to the city but do not conform to the provisions of
this division 38.560 may be permitted, provided that the city commission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings must be adopted by
resolution.
Sec. 38.560.180. - Application. (38.28.180)
A. An application for a sign must be made on forms provided by the community development
department. The application must contain sufficient information and plans to permit review pursuant
to this division 38.560 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.
B. Acceptability and adequacy of application.
1. The community development department must review the application for acceptability within
five working days to determine that the application does not omit any of the submittal elements
required by this chapter. If the application does not contain all of the required elements, the
application and a written explanation of what the application is missing must be returned to the
property owner or their representative. The five-working-day review period will 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 to contain the required elements and to be acceptable, it will 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 city to make a determination
that the application either does or does not conform to the requirements of this chapter and
any other applicable regulations under the jurisdiction of the city. Determination of adequacy
will be made by the community development department. The adequacy review period begins
on the next working day after the date that the community development department
determines the application contains all the required elements and must 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 or their representative. 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 will be returned to
the property owner or their representative. Subsequent resubmittal will 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 review process.
3. 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, 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 merits of the application.
4. Action.
a. After an application is deemed adequate, the review authority must act to approve or deny
the application within ten working days; or
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b. After the application is determined to be adequate for review, if the application includes a
request for a deviation or variance the city will schedule the application to be considered by
the review authority at the next available opportunity that allows for required public notice
to be given; or
c. If the sign application is submitted in conjunction with a site plan or other similar review,
then the review process and final review authority must be coordinated.
5. An applicant may appeal the denial of a permit request pursuant to the provisions of division
38.250 of this chapter.
Sec. 38.560.190. - Maintenance of permitted signs. (38.28.190)
A. All signs must be continuously maintained in a state of security, safety and repair. Abandoned signs
and sign support structures must be removed. If any sign is found not to be so maintained, or is in
need of repair or has been abandoned, the owner and the occupant of the premises must repair or
remove the sign within 14 calendar days after receiving written notice to do so from the city. If the
sign is not so repaired or removed within such time, the city may cause the sign to be removed at
the expense of the owner of the premises.
1. Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required
to be removed, unless the City determines such action is necessary to protect the public health,
safety and general welfare.
Sec. 38.560.200. - Nonconforming signs. (38.28.200)
A. The intent of this section is to eliminate existing signs that are not in conformity with the provisions
of this division 38.560.
B. Except as otherwise provided within this section, the owner of any zone lot or other premises on
which a sign exists that does not conform with the requirements of this division 38.560 and for
which there is no prior, valid sign permit must remove such sign.
C. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted signs
under this division 38.560. Except as provided for in subsection D of this section, such signs, if
nonconforming with this division 38.560, must not be:
1. Replaced, except with a conforming sign;
2. Changed in copy (except for signs specifically designed to be changed in copy, such as reader
boards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated except as allowed below.
D. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its
nonconformity.
E. Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided
below, until all signs on the lot are brought into conformance with this division 38.560. The
exceptions listed below do not apply to off-premises signs.
1. Any site modification reviewed only as a permit type described in section 38.230.060,
38.230.070, 38.230.080, 38.230.150, or 38.230.160.
2. A sign legally permitted prior to June 22, 1997 which must be relocated due to a physical
alteration to or expansion of a public right-of-way.
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Sec. 38.560.210. - Substitution. (38.28.210)
Any sign allowed under this division 38.560 may contain, in lieu of any other message or copy, any lawful
non-commercial message that does not direct attention to a business operated for profit, or to a
product, commodity or service for sale or lease, or to any other commercial interest or activity, so long
as the sign complies with the size, height, area and other requirements of this division 38.560.
Authorized decision-making bodies may not consider the content of speech or the viewpoint of the
speaker when taking action to approve or deny sign permits or other application for signs.
Sec. 38.560.220. - Severability. (38.28.220)
Where any word, phrase, clause, sentence, paragraph, or section or other part of this division 38.560 is
held invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment will affect only that part held invalid and such decision will not affect, impair or nullify this
chapter as a whole or any other part thereof.
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38.570 Lighting
Sec. 38.570.010. - Purpose. (38.23.150.A)
The purpose of this section is to:
A. Provide lighting in outdoor public places where public health, safety and welfare are potential
concerns;
B. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that shine
into their eyes and thereby impair safe travel;
C. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed,
applied, maintained or shielded light sources;
D. Protect and maintain the character of the city;
E. Prevent excessive lighting and conserve energy; and
F. Provide adequate lighting for safe pedestrian and bicycle travel.
Sec. 38.570.020. - General. (38.23.150.B)
A. With the exception of street lighting, lighting is not required. If installed, all lighting must comply
with the requirements of this section.
B. Unless otherwise approved through a planned unit development, this section applies 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.
C. 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 review authority. Prior to approval the review authority must make findings that:
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.
Sec. 38.570.030. – Street lighting. (38.23.150.C)
Street lighting consists of street lighting and pathway intersection lighting, and must comply with the City
of Bozeman Design Standards and Specifications Policy.
Sec. 38.570.040. – Site lighting. (38.23.150.D)
A. Parking lot lighting.
Table 38.570.040-1
Basic1 Security2
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 Society of North America, 1998.
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1Basic lighting provides for the safety of customers and employees during business hours, and for the security of
on-site, outside storage of goods and/or materials.
2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site,
outside storage of goods and/or materials.
B. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional
and municipal) must average 5.0 maintained footcandles.
C. Car dealership lighting.
Table 38.570.040-2
Area
Maximum Illuminance on Pavement (in 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
Drive aisles 2—3 10:01
Secondary business districts
Adjacent to
roadway
5—10 5:01
Other rows 2.5—5 10:01
Entrances 2.5—5 5:01
Drive aisles 1—2 10:01
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.
D. Service station or gas pump area lighting.
Table 38.570.040-3
Area Description
Average Illuminance on Described Area
(in Maintained Footcandles)
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Building façades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings 1
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Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light surroundings 10
Building façades with light surroundings 3
Service areas with light surroundings 3
Landscape highlights with light surroundings 2
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.
E. Site lighting support structures. The ballasts; pole type, strength and anchor bolts; and pole
foundation must be appropriate for the proposed lighting and must be installed per the
manufacturer's recommendations. Height must be measured from grade. Except as allowed in
sections 38.570.050 and .070 of this division, light poles for parking lot lighting may not exceed 25
feet.
F. Site lighting installation and maintenance.
1. For new installations, electrical feeds for fixtures mounted on poles must be run underground,
not overhead.
2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind
parking spaces must be placed a minimum of five feet outside the paved area or on concrete
pedestals at least 30 inches high above the pavement, or suitably protected by other approved
means.
3. Lighting fixtures and ancillary equipment must be maintained so as always to meet the
requirements of this section.
G. Miscellaneous site lighting specifications. Except as otherwise allowed in subsections E and G of this
section, all lighting must comply with the following requirements:
1. All outdoor lighting, whether or not required by this section, must 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.
2. All outdoor lighting fixtures must 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.
3. Except for residential lighting, street lighting, pathway intersection lighting and security lighting,
all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to
those businesses which operate during these hours; such lighting may remain illuminated only
while the establishment is actually open for business.
4. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare
control must 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.
5. All outdoor lighting must be designed and located such that the maximum illumination measured
in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and
1.0 onto adjacent commercial properties and public rights-of-way.
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6. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at the
top of the sign and aimed downward; ground-mounted sign lighting may be used only for
monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their
output beyond the sign.
7. Floodlights, spotlights or any other similar lighting may 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 may not exceed 5.0 average maintained footcandles. Building
façade and accent lighting will not be approved unless the light fixtures are carefully selected,
located, aimed and shielded so that light is directed only onto the building façade 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.
8. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color, or use
intermittent electrical pulsation are prohibited.
9. Translucent awnings and canopies used for building accents over doors, windows, etc., may not
be internally lit (i.e., from underneath or behind).
10. Searchlights, laser source lights or any similar high-intensity light are not 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 review authority.
Sec. 38.570.050. – Sports and athletic field lighting. (38.23.150.E)
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:
A. Fixtures must be at least 70 feet in mounted height measured from grade;
B. If floodlights are used, they must not be aimed above 62 degrees and should use internal louvers and
external shields to help minimize light pollution;
C. Fixtures must 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 must not exceed 0.3 footcandles); and
D. Lighting must be extinguished no later than one hour after the event ends.
Sec. 38.570.060. – Lighting specifications for all lighting. (38.23.150.F)
Light fixtures and standards must be compatible with the surrounding area, the subdivision or site
design, and the development's character and/or architecture.
A. Luminaires (light fixtures). Except as otherwise allowed in 38.570.050 and 38.570.070, all luminaires
must comply with the following requirements:
1. In all light fixtures, the light source and associated lenses may not protrude below the edge of
the light fixture, and may not be visible from adjacent streets or properties.
2. Fixtures must be of a type and design appropriate to the lighting application.
3. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures
must meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral
angle around the fixture).
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4. As needed, fixtures must be equipped with or be modified to incorporate light directing and/or
shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect offending
light distribution and/or reduce direct or indirect glare.
5.
Sec. 38.570.070. – Historic lighting. (38.23.150.G)
The city 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 must be
proposed as an integrated part of an overall development plan. The historic preservation planner will
review and approve the proposed lighting for historic appropriateness.
Sec. 38.570.080. – Post installation inspection. (38.23.150.H)
The city reserves the right to conduct post-installation nighttime inspections to verify compliance with
the requirements of this section, and if appropriate, to require remedial action at no expense to the city.
Sec. 38.570.090. – Compliance monitoring. (38.23.150.I)
If the city finds that a lighting installation creates a safety or personal security hazard, the person
responsible for the lighting will be notified in writing and required to take remedial action within 30
days.
Sec. 38.570.100. – Nuisance glare and inadequate illumination levels. (38.23.150.J)
When the city finds that a lighting installation produces unacceptable levels of nuisance glare, skyward
light, excessive or insufficient illumination levels, or otherwise varies from this section, the city may
notify the person responsible for the lighting and require appropriate remedial action within 30 days.
Sec. 38.570.110. – Nonconforming lighting. (38.23.150.K)
Non-conforming lights can only be replaced with conforming lights. Site plans, conditional use permits,
and special use permits require lighting to become compliant. The city may require nonconforming lights
to be replaced with modifications/reuse applications.
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Figure 38.570.010 Lighting
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ARTICLE 6. NATURAL RESOURCE
PROTECTION
Article 6 Contents
Division 38.600 Floodplain Regulations
Division 38.610 Wetland Regulations
38.600 Floodplain Regulations
FOOTNOTE(S):
--- (10) ---
State Law reference— Floodplain and floodway management, MCA 76-5-101 et seq.
Sec. 38.600.010. - Title. (38.31.010)
These regulations are known and may be cited as the city floodplain regulations. This division 38.600 is
in accordance with the authority of the laws of the state exercised by the city, and other authority as
may be possessed by the city.
Sec. 38.600.020. - Purpose. (38.31.020)
A. This chapter 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 division 38.600 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 division 38.600
has been established with the following purposes:
1. To guide development of the 100-year floodplain within the city limits consistent with the
enumerated findings by:
a. Establishing zoning regulations coincident with and applicable to those areas at risk of
flooding with special requirements and regulations to protect the public welfare;
b. Recognizing the right and need of watercourses to periodically carry more than the normal
flow of water;
c. Participating in coordinated efforts of federal, state and local management activities for 100-
year floodplains;
d. Ensuring the regulations and minimum standards adopted, insofar as possible, balance the
greatest public good with the least private injury; and
e. Carrying out the provisions of this division 38.600 in a fashion consistent with the remainder
of this chapter and the public policies set forth in the city's growth policy consistent with the
authority of title 76, chapter 5, part 3 (MCA 76-5-301 et seq.).
2. Specifically, it is the purpose of this division 38.600 to:
a. Restrict or prohibit uses that are dangerous to health, safety and property in times of flood,
or that cause increased flood heights and velocities;
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b. Require that uses vulnerable to floods, including public facilities, be provided with flood
protection at the time of initial construction;
c. Identify lands unsuitable for certain development purposes because of flood hazards;
d. Minimize the need for rescue and relief efforts associated with flooding undertaken at the
expense of the general public;
e. Ensure that potential buyers are notified that property is within a 100-year floodplain and
subject to the provisions of these regulations;
f. Ensure that those who occupy 100-year floodplains assume responsibility for their actions;
and
g. Protect water quality and persons and property located downstream.
Sec. 38.600.030. - Jurisdictional area. (38.31.030)
This division 38.600 applies to all lands within the boundaries of the city, shown on the official floodplain
maps, including any amendments or revisions, as being located within a 100-year floodplain district or
that may otherwise be identified as lying within a 100-year floodplain through additional floodplain
delineation, engineering analysis, topographic survey, or other objective and factual basis.
Sec. 38.600.040. - Floodplain regulation establishment and applicability. (38.31.040)
These floodplain regulations are hereby established and are applicable in all areas defined by the base
flood elevations and 100-year floodplains as delineated in the flood insurance study, or other means
specified in section 38.600.030. The basis for the flood insurance study is a scientific and engineering
report entitled the "Flood Insurance Study of Gallatin County, Montana, and Incorporated Areas," dated
September 2, 2011 (FEMA FIS No. 30031CV000A), 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 zoning map of the city is not required for this
district.
Sec. 38.600.050. - Abrogation and greater responsibility. (38.31.050)
It is not intended by this division 38.600 to repeal, abrogate, or impair any existing easements,
covenants, deed restrictions, or underlying zoning. However, where this division 38.600 imposes greater
restrictions, the provisions of this division 38.600 prevail.
Sec. 38.600.060. - Floodplain administrator. (38.31.060)
The city floodplain administrator is designated in 38.200.010. The responsibilities of this position are
outlined in 38.600.130.
Sec. 38.600.070. - Regulation interpretation. (38.31.070)
The interpretation and application of the provisions of these regulations are 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.
Sec. 38.600.080. - Compliance with regulations. (38.31.080)
No structure or land use may be located, extended, converted or structurally altered without full
compliance with the provisions of this chapter, these specific regulations, and other applicable
regulations. These regulations meet or exceed the minimum floodplain development requirements as set
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forth by the state department of natural resources and conservation and the National Flood Insurance
Program.
Sec. 38.600.090. - Flood hazard evaluation. (38.31.090)
A. General. Land subject to being flooded by a flood of 100-year frequency as defined by title 76,
chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.), or land deemed to be subject to
flooding by the city, may 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 portion of a proposed subdivision or other development is:
a. Within 1,000 horizontal feet and less than ten 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
c. The subdivider or other developer must provide a floodplain analysis report establishing the
calculated 100-year frequency water surface elevations and 100-year floodplain boundaries.
The analysis and report must 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 horizontal feet and less than ten 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 must:
(1) Demonstrate to the satisfaction of the city engineering department that the 100-year
peak runoff of the watercourse will not affect the subdivision; or
(2) Delineate the existing and proposed 100-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, must provide written
certification to the city that the mapped flood locations and proposed mitigation must
protect against damage by the 100-year flood.
3. Submission of report. The report must 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, state department of natural resources and conservation, for review and concurrence.
4. Contents of report. The required report must include the following information:
a. Certification. 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 horizontal distance showing the following:
(1) Watercourse;
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(2) Floodplain boundaries;
(3) Location of property;
(4) Contours;
(5) Cross sections;
(6) Bridges or other constrictions in the floodplain; and
(7) USGS gauging stations (if any).
c. Benchmark. The location and elevation of a temporary benchmark established within the
subdivision and referenced to mean sea level with appropriate elevation adjustment.
d. Cross sectional information.
(1) Cross sections must follow the applicable guidelines established by the state department
of natural resource conservation. If applicable guidelines are not available, cross section
information must 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., points where ground cover, soil or rock conditions change).
Elevations must be reported in NAVD88.
(b) Each cross section must 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
property where the elevations are desired. Additional cross sections must be taken
at bridges, control structures or natural constrictions in topography.
Figure 38.600.090 Section view of floodplain.
(2) Photogrammetric methods may be used in lieu of cross sections whenever appropriate
and when reviewed and approved by the floodplain administrator.
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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 part of each valley
cross section.
g. Supporting documentation. Engineering report 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).
C. Waiver of requirement. The floodplain administrator may waive this requirement where the
subdivider contacts the water resources division, state department of natural resources and
conservation, 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 division 38.600.
Sec. 38.600.100. - Rules for interpretation of floodplain district boundaries. (38.31.100)
The boundaries of the 100-year floodway must 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 100-year floodplain boundary, but the exact location of
the floodplain boundary must 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.
Sec. 38.600.110. - Warning and disclaimer of liability. (38.31.110)
This division 38.600 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 do 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.
Sec. 38.600.120. - Disclosure provision. (38.31.120)
All owners of property in an identified 100-year floodplain as indicated on the official floodplain maps
must notify potential buyers or their agents that such property is subject to the provisions of this
division 38.600.
Sec. 38.600.130. - Administration of regulations. (38.31.130)
A. As provided in section 38.200.010, the city floodplain administrator has been designated by the city
commission, and has the responsibility of such position as outlined in this division 38.600.
B. Section 38.410.100 has established a public policy to avoid development within floodplains, along
with certain exceptions. The administration of these regulations must 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 ensure all necessary permits have been
received from those governmental agencies from which approval is required by federal and state law
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and local codes, including section 404 of the Federal Water Pollution Control Act of 1972, 33 USC
1334, and under the provisions of the Natural Streambed and Land Preservation Act.
1. Additional factors. Floodplain development permits will be granted or denied by the city
floodplain administrator on the basis of whether the proposed establishment, alteration or
substantial improvement of an artificial obstruction meets the requirements of this division
38.600 and other requirements of this chapter. Additional factors that will be considered for
every permit application are:
a. The danger to life and property due to increased flood heights, increased floodwater
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 importance 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 future;
i. The relationship of the proposed use to the growth policy and floodplain management
program for the area;
j. 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 chapter, these regulations, the
Montana Floodplain and Floodway Management Act and the National Flood Insurance
Program.
D. A floodplain development permit application is considered to have been automatically granted 60
days must be reviewed and acted upon within 180 working days after the date of receipt of the
complete application by the city floodplain administrator. Unless the applicant has been notified that
the permit is denied, conditionally approved or If additional information pertinent to the permit
review process is required the time for review must stop and restart with submittal of the additional
information. A floodplain permit must not act as a waiver or variance from the other requirements
of this chapter.
E. The city floodplain administrator must adopt such administrative procedures as may be necessary to
efficiently administer the provision of these regulations.
F. The city floodplain administrator must maintain such files and records as may be necessary to
document nonconforming uses, base flood elevations, floodproofing and elevation certifications, fee
receipts, the issuance of permits, agenda, minutes, records of public meetings, and any other matters
related to floodplain management in the city. Such files and records must be open for public
inspection. In matters of litigation, the city attorney may restrict access to specific records.
G. The city floodplain administrator may require whatever additional information is necessary to
determine whether the proposed activity meets the requirements of these regulations. Additional
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information may include hydraulic calculations assessing the impact on base flood elevations or
velocities, level survey or certification by a registered land surveyor, professional engineer or
licensed architect that the requirements of these regulations are satisfied.
H. Upon receipt of an application for a permit or a variance, the city floodplain administrator must
prepare a notice according to the requirements of division 38.220 of this chapter.
I. Copies of all permits granted must be sent to the state 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 must be incorporated to ensure
stability of altered channels and stream banks.
Sec. 38.600.140. - Permit applications. (38.31.140)
A. Activities or uses that require the issuance of a permit, including the expansion or alteration of such
uses, may not be initiated, established or undertaken until a permit has been issued by the city
floodplain administrator.
B. Permit applicants must be required to furnish the following information as deemed necessary by the
city 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 100-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;
5. Certification of floodproofing and/or elevation must be provided on a standard form available
from the city floodplain administrator; and
6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed floodplain permit.
C. To determine that the permit specifications and conditions have been completed, applicants who
have received permits must 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 is also required for artificial obstructions other than buildings, that the activity was
accomplished in accordance with these regulations and the design plans submitted with the
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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 must be provided on a standard form available
from the city floodplain administrator.
Sec. 38.600.150. - Emergency waiver. (38.31.150)
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. Upon notification and prior to emergency repair and/or replacement, the city floodplain
administrator determines that an emergency condition exists warranting immediate action; and
2. The city floodplain administrator agrees upon the nature and type of proposed emergency
repair and/or replacement.
B. 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.
Sec. 38.600.160. - Review; variances; appeals. (38.31.160)
Appeals and variances from this division 38.600 may be taken as set forth in division 38.250 of this
chapter. The city floodplain administrator must maintain records of the variance notification and actions,
including justification for their issuance, and forward copies of all variance actions to the state
department of natural resources and conservation and the Federal Emergency Management Agency.
Sec. 38.600.170. - Floodplain development; compliance. (38.31.170)
Any use, arrangement or construction not in compliance as authorized by permit, will be deemed a
violation of this division 38.600 and punishable as provided in division 38.200 of this chapter. An
applicant is required to submit certification by a registered professional engineer, architect, land
surveyor or other qualified person designated by the city floodplain administrator that finished fill and
lowest building floor elevations, floodproofing, hydraulic design or other flood protection measures
were accomplished in compliance with these regulations.
Sec. 38.600.180. - Emergency preparedness; planning. (38.31.180)
In formulating community development goals, the community must consider the development of a plan
for evacuating users of all development located within floodprone areas. This plan should be developed,
filed with, and approved by appropriate community emergency management authorities.
Sec. 38.600.190. - Applications; specific standards. (38.31.190)
The minimum floodplain development standards listed in this division 38.600 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 section 38.600.040.
Sec. 38.600.200. - Floodway—Uses allowed without floodplain permits. (38.600.200)
A. When a site specific exemption or relaxation of the standards of section 38.410.100 allow utilization
of a portion of the floodplain, the following uses are allowed without a permit within the floodway,
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provided that such uses conform to the provisions of sections 38.600.350 through 38.600.390; 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:
1. Agricultural uses;
2. Accessory uses such as loading and parking areas associated with industrial and commercial
facilities;
3. 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;
4. Residential uses such as lawns, gardens, parking areas and play areas;
5. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells; and
6. Fences, except permanent fences crossing channels.
Sec. 38.600.210. - Floodway—Uses requiring floodplain permits. (38.31.210)
A. When a site specific exemption or relaxation of the standards of section 38.410.100 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:
1. Excavation of material from pits and pools provided that:
a. A buffer strip of undisturbed land is left between the edge of the channel and the edge of the
excavation. This buffer strip must be of sufficient width to prevent flood flows from
channeling into the excavation;
b. The excavation meets all applicable laws and regulations of other local and state agencies; and
c. Excavated material is disposed of or stockpiled outside the floodway;
2. Railroad, highway and street stream crossings provided the crossings are designed to offer
minimal obstruction to flood flow. Stream crossings may not increase the elevation of the 100-
year flood more than one-half foot nor cause a significant increase in flood velocities;
3. Limited filling for highway, street and railroad embankments not associated with stream
crossings, provided that:
a. Reasonable alternate transportation routes outside the designated floodway are not available;
and
b. Such floodway encroachment is located as far from the stream channel as possible and may
not result in a cumulative increase in base flood elevations, after allowable encroachments
into the floodway fringe, exceeding one-half foot;
4. Buried or suspended utility transmission lines, provided that:
a. Suspended utility transmission lines are designed so the lowest point of the suspended line is
at least six feet higher than the base flood elevation;
b. Towers and other appurtenant structures are designed and placed to withstand and
minimally obstruct flood flows; and
c. 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 100-year flood. The maximum depth
of scour must be determined by hydraulic engineering methods acceptable to the city
floodplain administrator;
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5. Storage of materials and equipment, provided that:
a. The material or equipment is not subject to major damage by flooding and is properly
anchored to prevent floatation or downstream movement; or
b. The material or equipment is readily movable within the limited time available after flood
warning. Storage of flammable, toxic, hazardous or explosive materials is prohibited;
6. Domestic water supply wells, provided that:
a. They are driven or drilled wells located on ground higher than the surrounding ground to
ensure positive drainage from the well;
b. Well casings are watertight to a distance of at least 25 feet below the ground surface;
c. Water supply and electrical lines have a watertight seal where the lines enter the casing;
d. All pumps, electrical lines and equipment are either submersible or adequately floodproofed;
and
e. Check valves are installed on main water lines at wells and at all building entry locations;
7. Substantial improvements to any structure provided that the provisions of subsections C, D or
E of section 38.600.260 are met. In the floodway, the structure must be floodproofed or
elevated on a permanent foundation rather than on fill; and
8. All other artificial obstructions, substantial improvements or nonconforming uses not specifically
listed or prohibited by these regulations.
Sec. 38.600.220. - Same—Permits for flood control works. (38.31.220)
A. 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 cannot be
achieved by these methods, flood control works are allowed within floodways subject to the
issuance of a permit by the city floodplain administrator with the following conditions:
1. Levees and floodwalls are permitted if:
a. The proposed levee or floodwall is designed and construed to safely convey a 100-year flood;
and
b. 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 permissible
increase in the base flood elevation for individual levee projects only with concurrence from
the state department of natural resources and conservation and the Federal Emergency
Management Agency based upon consideration of the following criteria:
(1) The estimated cumulative effect of any anticipated future permissible uses; and
(2) The type and amount of existing floodprone development in the affected area;
c. The proposed levee or floodwall, except those to protect agricultural land, is constructed at
least three feet higher than the base flood elevation;
2. Bank stabilization methods provided that:
a. When selecting a bank stabilization method, best management practices consistent with the
intent of this chapter must be used;
b. The bank stabilization method is designed to withstand a 100-year flood;
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c. The bank stabilization method does not increase the base flood elevation; and
d. The bank stabilization method will not increase erosion upstream, downstream or adjacent
to the stabilization site;
3. Channelization projects if they do not significantly increase the magnitude, velocity or base flood
elevation in the proximity of the project;
4. Dams provided that:
a. They are designed and constructed in accordance with the Montana Dam Safety Act and
applicable safety standards; and
b. They will not increase flood hazards downstream, either through operational procedures or
improper hydraulic design.
Sec. 38.600.230. - Same—Permits for water diversions. (38.31.230)
A. Permits for the establishment of a water diversion or change in place of diversion will not be issued
if, in the judgment of the city floodplain administrator:
1. The proposed diversion will significantly increase the upstream base flood elevation to the
detriment of neighboring property;
2. The proposed diversion is not designed and constructed to minimize potential erosion from a
100-year flood; and
3. Any permanent diversion structure crossing the full width of the stream channel is not designed
and constructed to safely withstand a 100-year flood.
Sec. 38.600.240. - Same—Prohibited uses. (38.31.240)
A. The following artificial obstructions and nonconforming uses are prohibited within the floodway:
1. New construction of any residential, commercial or industrial structure including manufactured
homes;
2. 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 100-year flood;
3. The construction or permanent storage of an object subject to floatation or movement during
flooding;
4. Solid and hazardous waste disposal, sewage treatment and sewage disposal systems;
5. Storage of toxic, flammable, hazardous or explosive materials; and
6. Alterations of structures unless it can be shown the alteration will not raise flood heights.
Sec. 38.600.250. - Floodway fringe—Uses allowed without permits. (38.31.250)
All uses allowed in the floodway, according to the provisions of section 38.600.200 of these regulations,
are also allowed without a permit in the floodway fringe.
Sec. 38.600.260. - Same—Uses requiring permits. (38.31.260)
A. When a site specific exemption or relaxation of the standards of section 38.410.100 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 sections 38.600.210 through 38.600.230, must also be
allowed by permit within the floodway fringe. In addition, new construction, substantial
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improvements and alterations to structures are allowed by permit. This 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:
1. Such structures or fill must not be prohibited by any other statute, regulation, ordinance or
resolution;
2. Such structures or fill must be compatible with local growth policies;
3. The new construction, alterations and substantial improvements of residential structures
including manufactured homes must be constructed on suitable fill such so that the lowest floor
elevation (including basement) is two feet or more above the base flood elevation. Any
approved suitable fill must be at an elevation no lower than the base flood elevation and must
extend for at least 15 feet, at that elevation, beyond the structure in all directions;
4. 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 two feet above the base flood elevation. Floodproofing must be
certified by a registered professional engineer or architect that the floodproofing methods are
adequate to withstand the flood depths, hydrodynamic and hydrostatic pressures, velocities,
impact, buoyancy and uplift forces associated with the 100-year flood;
a. If the structure is designed to allow internal flooding of areas below the lowest floor, use of
this space must be limited to parking, loading areas, building access and storage of equipment
or materials not appreciably affected by floodwaters. The floors and wall must be designed
and constructed of materials resistant to flooding to an elevation no lower than two feet
above the base flood elevation. Walls must be designed to automatically equalize hydrostatic
forces by allowing for entry and exit of floodwaters. Openings may be equipped with screens,
louvers, valves, other coverings or devices which permit the automatic entry and exit of
floodwaters;
b. Structures whose lowest floors are used for a purpose other than parking, loading or storage
of materials resistant to flooding must be floodproofed to an elevation no lower than two
feet above the base flood elevation. Floodproofing must include impermeable membranes or
materials for floors and walls and watertight enclosures for all windows, doors and other
openings. These structures must also be designed to withstand the hydrostatic,
hydrodynamic and buoyancy effects of a 100-year flood; and
c. Floodproofing of electrical, heating and plumbing systems must comply with sections
38.600.350 through 38.600.390;
5. 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:
a. 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 two 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
b. 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 two feet above the base flood
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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;
c. Manufactured homes proposed for use as commercial or industrial structures must be
elevated and anchored, rather than floodproofed;
6. 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;
7. Roads, streets, highways and rail lines must 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 must be located two feet above the base flood elevation; and
8. 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 must be placed above the base flood elevation;
a. 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 section.
Sec. 38.600.270. - Floodplain—Prohibited uses. (38.31.270)
A. The following artificial obstructions and nonconforming uses are prohibited within the floodway
fringe:
1. Solid and hazardous waste disposal; and
2. 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 two feet above the base
flood elevation and anchored to a permanent foundation to prevent downstream movement.
Sec. 38.600.280. - Same—Areas with flood elevations and no delineated floodway. (38.31.280)
A. A development proposed for a 100-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 sections 38.600.250 through 38.600.270 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:
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 100-year floodwater surface profile caused by the proposed
development.
B. 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.
Sec. 38.600.290. - Shallow flooding (AO zones). (38.31.290)
A. Shallow flooding areas are delineated as AO zone floodplains on the flood insurance rate maps. The
provisions of section 38.600.260 apply to any AO zone floodplains. The depth of the 100-year flood
is indicated as the depth number on the flood insurance rate maps. The 100-year flood depth must
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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 section 38.600.260.
In the absence of depth or elevation information, a minimum two-foot flood depth must be used.
B. Floodplain boundary interpretation. The city floodplain administrator must 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 field conditions.
Sec. 38.600.300. - Applicability to unnumbered A zones. (38.31.300)
The minimum floodplain development standards listed in this section apply to the 100-year floodplains
delineated by approximate methods and identified as unnumbered A zones on the flood insurance rate
maps.
Sec. 38.600.310. - A zones—Uses allowed without permits. (38.31.310)
All uses allowed in a floodway, according to the provisions of section 38.600.210, are also allowed
without a permit in unnumbered A zone floodplains.
Sec. 38.600.320. - Same—Uses requiring permits. (38.31.320)
A. All uses allowed in the floodway and floodway fringe subject to the issuance of a permit according to
the provisions of section 38.600.260, require permits from the city floodplain administrator for
unnumbered A zone floodplains. Also, the provisions of section 38.600.260 apply to the A zone
floodplains with no floodway delineated or water surface profile computed. Since there are no 100-
year floodwater surface profiles computed for A zone floodplains, the following conditions also
apply:
1. Elevation data on the 100-year flood must be provided for subdivision proposals according to
the definitions and rules of the Montana Sanitation in Subdivisions Act, title 76, chapter 4, part 1,
Montana Code Annotated (MCA 76-4-101 et seq.) and the rules adopted by Department of
Environmental Quality under this Act. These data must be used in applying subsections C, D and
E of section 38.600.270. Subdivision proposals must also provide for adequate drainage to
minimize potential flood hazards;
2. 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 section 38.600.270;
3. The city floodplain administrator may use historical flood elevations to determine suitable fill or
floodproofing elevations as required by subsections C and D of section 38.600.270;
4. If historical flood evidence is not available, then the city floodplain administrator must
determine, from a field review at the proposed development site, an appropriate fill or
floodproofing elevation to use in applying subsections C and D of section 38.600.270. In the
absence of depth or elevation information, a minimum two foot flood depth must be used; and
5. Proposed structures must be anchored to prevent floatation or collapse and must be located as
far from stream channels as practicable.
Sec. 38.600.330. - Same—Prohibited uses. (38.31.330)
Those uses prohibited in the floodway fringe, in accordance with section 38.600.270, are also prohibited
within the A zone floodplain boundaries.
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Sec. 38.600.340. - Same—Floodplain boundary interpretation. (38.31.340)
The city floodplain administrator must 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.
Sec. 38.600.350. - Floodproofing requirements—Certification. (38.31.350)
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.
Sec. 38.600.360. - Same—Conformance. (38.31.360)
Permitted floodproof systems must conform to the conditions listed in sections 38.600.370 through
38.600.390 and the floodproofing standards listed in subsection D of section 38.600.260 for commercial
and industrial structures.
Sec. 38.600.370. - Same—Electrical systems. (38.31.370)
A. All incoming power service equipment, including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment must be located at
least two feet above the base flood elevation;
B. Portable 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 must 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 must be
suitable for continuous submergence and may not contain fibrous components.
Sec. 38.600.380. - Same—Heating systems. (38.31.380)
A. Float operated automatic control valves must be installed in gas furnace supply lines so that the fuel
supply is automatically shut off when floodwaters 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.
Sec. 38.600.390. - Same—Plumbing systems. (38.31.390)
A. Sewer lines, except those to be buried and sealed in vaults, must have check valves installed to
prevent sewage backup into permitted structures; and
B. All toilet stools, sinks, urinals and drains must be located so the lowest point of possible water entry
is at least two feet above the elevation of the 100-year flood.
Sec. 38.600.400. - Violation—Notice. (38.31.400)
The city floodplain administrator must bring any violation of this division 38.600 to the attention of the
local governing body, its legal counsel and the state department of natural resources and conservation.
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Sec. 38.600.410. - Same—Penalty. (38.31.410)
Violation of the provisions of this division 38.600 or failure to comply with any of the requirements,
including permit approval prior to development of floodprone lands, and conditions and safeguards
established are subject to the provisions of division 38.200 of this chapter.
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38.610 Wetland Regulations
Sec. 38.610.010. - Title and applicability. (38.30.010)
These regulations are known as the city wetland regulations and may be cited as the wetlands
regulations. These wetland regulations govern areas in compliance with the 1987 U.S. Army Corps of
Engineers Wetland Delineation Manual of the U.S. (1987 Corps Manual), or the most current wetland
delineation manual sanctioned by the Army Corps of Engineers (ACOE)-Omaha District. This manual
provides specific guidelines and methods to identify whether an area is a wetland and to determine the
boundary between wetlands and uplands. The city's wetland regulations will pertain to wetlands with a
direct hydrologic connection to "waters of the U.S." (those wetlands that connect to a federally-
regulated stream or river directly or via a series or watercourse, wetlands or ditches), and also to
isolated wetlands with no direct connection to a water of the U.S. and exhibit positive wetland
indicators for all three wetland parameters. The provisions contained in these regulations do not apply
to wetlands created by a wholly manmade water source used for irrigation purposes or stormwater
control.
Sec. 38.610.020. - Intent and purpose. (38.30.020)
A. Wetlands perform many important ecological functions. It is the intent and purpose of this division
38.610 to protect, preserve and enhance wetlands to provide:
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.
B. Wetlands provide important values that enhance the quality of life of community residents. It is the
intent of this division 38.610 to protect, preserve and enhance wetlands to provide:
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 archaeological resources.
C. 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.
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D. It is not the intent of this division 38.610 to prohibit all activities within regulated areas and
associated buffers, but rather to encourage the avoidance of regulated activities within the regulated
areas and to require best management practices in regulated areas.
E. Nothing in this division 38.610 will be construed to prevent irrigation companies from diverting and
carrying water under historic water rights or owners of such rights from exercising those historic
rights.
F. Nothing in this division 38.610 will be construed to prevent compliance with applicable state or
federal statutes and regulations.
Sec. 38.610.030. - Application of wetland regulations. (38.30.030)
A. These regulations apply to any regulated activity which may impact wetlands as defined in section
38.700 known prior to or discovered through the development review process, and verified through
a site-specific wetlands boundary determination. When any regulated activity is proposed a wetlands
boundary determination must be conducted. If the determination finds that there are no wetlands
present on the subject tract, these regulations do not apply. If, however, wetlands are found on the
subject tract the proposal is subject to these regulations. The provisions of this division 38.610 will
be applied in addition to any other applicable regulations of this chapter.
1. The wetlands boundary determination must be prepared in accordance with the 1987 U.S. Army
Corps of Engineers Wetland Delineation Manual of the U.S. (1987 Corps Manual), or the most
current wetland delineation manual sanctioned by the Army Corps of Engineers (ACOE)-
Omaha District by a qualified wetland professional.
2. A qualified wetland professional is an individual with a minimum of a bachelor's degree in a
water resource related field, five years’ experience, and/or a professional wetland scientist
certification.
B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are
exempt from this division 38.610 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 state department of fish, wildlife and parks and the state natural
heritage program.
C. Any development for which the watercourse setback requirements of section 38.410.100 are
provided is considered to have addressed the concerns of this division 38.610 and is exempt from
this article.
D. This division 38.610 is not intended to repeal, abrogate, supersede or impair any existing federal,
state, or local law, easement, covenant or deed restriction. However, if this division imposes greater
or more stringent restrictions, the provisions of this division must prevail. Specifically, if a regulated
activity pursuant to this division also requires authorization under section 404 of the Clean Water
Act from the U.S. Army Corps of Engineers, the applicant must meet any greater or more stringent
restrictions set forth in this division in addition to and independent of the restrictions of such
permit.
Sec. 38.610.040. - Wetlands review board powers and duties. (38.30.040)
A. If established, the WRB has the powers and duties established in 2.05.2900.
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Sec. 38.610.050. - Wetlands determinations. (38.30.050)
A. Wetland boundary determinations must be performed in accordance with the procedures specified
in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1987).
B. An electronic and printed document containing the wetland boundary determination and raw
survey data (if applicable) must be provided per part 1 of division 38.220. The data must be
reported in UTM Zone 12 coordinates and NAD83 datum.
Sec. 38.610.060. - Regulated activities. (38.30.060)
A. No person may conduct any of the following regulated activities within a wetland, as described in
38.610.030, without first having the proposed activity approved by the review authority. Any activity
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 division 38.610. Such activities include but are not
limited to:
1. Placement of any material, including without limitation any soil, sand, gravel, mineral, aggregate,
organic material or water;
2. Construction, installation or placement of any obstruction or the erection of a building, trail,
boardwalk or other structure;
3. Removal, excavation or dredging of solid material of any kind, including without limitation any
soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of vegetation in a
wetland;
5. Alteration of the water level or water table by any means, including without limitation draining,
ditching, trenching, impounding or pumping; and
6. 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.
B. The following activities are permissible in a wetland, without prior approval by the review authority,
if such activity does not reduce the size of a wetland or significantly reduce the degree to which a
wetland performs any function. Such activity must be in compliance with any other applicable state
or federal law. Activities permissible without prior approval include:
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 transportation, electric, gas, water, telephone, telecommunications or
other services provided that these activities do not materially change or enlarge any road,
structure or facility;
2. Maintenance of an existing farm or stock pond, water conveyance structure, agricultural fence
or drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan approved
by the county weed control district;
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;
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6. Outdoor recreational activities, such as fishing, bird watching, hiking, rafting and swimming
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 outside a wetland but within a previously
established wetland buffer, 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 previously approved pursuant a wetland permit, including but not limited
to removal of debris and maintenance of vegetation and wildlife habitat.
Sec. 38.610.070. - Application requirements and procedures for activities in wetland areas.
(38.30.070)
A. Review. All proposals for regulated activities in wetlands areas must be reviewed by the review
authority. The applicant must prepare a functional assessment for all wetlands. Based on the
functional assessment and other submittal materials, the review authority may request the WRB, if
established, forward a recommendation of approval, conditional approval or denial to the review
authority.
B. Decision. All proposals for regulated activities in regulated wetland areas must be reviewed and
approved, conditionally approved, or denied by the review authority in accordance with articles 240,
230 and 430 of this chapter 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 must submit a sketch
plan application for decision by the review authority.
C. Submittal materials. The information required in 38.220.130 must be submitted for all regulated
activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas must comply with
the noticing requirements of division 38.220 of this chapter.
Sec. 38.610.080. - Review standards. (38.30.080)
A. The review authority may approve, conditionally approve or deny a regulated activity in a regulated
wetland if:
1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
2. 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:
a. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Service; and/or
b. Plant, animal or other wildlife species listed as a species of concern, species of potential
concern, or species on review by the state department of fish, wildlife and parks and the
state natural heritage program; or
3. The applicant has demonstrated that the project is in the public interest, having considered and
documented:
a. The extent of the public need for the proposed regulated activity;
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b. The functions and values as determined by a state accepted method of functional assessment
of the wetland that may be affected by the proposed regulated activity;
c. The extent and permanence of the adverse effects of the regulated activity on the wetland
and any associated watercourse;
d. The cumulative adverse effects of past activities on the wetland; and
e. The uniqueness or scarcity of the wetland that may be affected.
Sec. 38.610.090. - Wetland permit conditions. (38.30.090)
A. The review authority may recommend conditions of approval for proposed regulated activities, and
the city 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;
2. Requiring that structures be appropriately supported and elevated and otherwise protected
against natural hazards;
3. Modifying waste disposal and water supply facilities;
4. 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;
5. Restricting the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
7. Clustering structures or development;
8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland;
9. Modifying the project design to ensure continued water supply to the regulated wetland; and
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining
wetland functions.
11. Requiring a yearly mitigation monitoring report to be submitted to the review authority on a
yearly basis, with the due date to be determined on a case-by-case basis.
12. Requiring a deed restriction to be filed with the county clerk stating the measures that will be
taken to protect all water resources, mitigation, and buffer areas in perpetuity.
13. Requiring that all reasonable effort has been made to limit indirect impacts to vegetation, faunal
interspersion and connectivity, and hydrological connectivity in the site design (e.g., any
structures, boardwalks, viewing platforms, or bridges, which are constructed within wetlands
will have at least a two-foot space between the bottom chord of the structure and the wetland
surface elevation to limit shading impacts and allow wetland vegetation to persist).
14. Requiring conditions that mitigate locally-regulated (wetlands not connected to a water of the
U.S.) infringement upon watercourses, buffers, or negative indirect or direct effects on the
functionality of wetlands, watercourses or buffers.
Sec. 38.610.100. - Appeals. (38.30.100)
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 division 38.250 of this chapter.
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Sec. 38.610.110. - Enforcement. (38.30.110)
This division 38.610 will be enforced in accordance with the provisions contained in division 38.200 of
this chapter.
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ARTICLE 7. DEFINITIONS
Sec 38.700 Terms & Interpretation
Sec. 38.700.010. - Definition of terms and interpretation of language. (38.42.010)
A. Terms specifically defined in regulations issued by the department of justice and the department of
transportation to implement the Americans with Disabilities Act or in referenced standards have
those meanings. Otherwise, all words in this chapter must be first defined as provided in this
division 38.700 and, if not defined herein, must 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
defined in "The Illustrated Book of Development Definitions," have their customary dictionary
definitions as defined in collegiate dictionaries in the sense that the context implies.
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 "must" 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, is
construed to include the word "intended, arranged, or designed to be used or occupied"; the words
"map" or "zoning map" mean the zoning map of the city that delineate the area to be governed by
these regulations.
C. For the purposes of this chapter certain words and terms used herein are defined as follows:
Sec. 38.700.020. – A definitions.
Access or access way. (38.42.020) The place, means or way by which pedestrians and vehicles have
adequate and usable ingress and egress to property or use as required by this chapter.
Accessory building or use. (38.42.030) 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. Individual public utility
installations above ground are considered accessory buildings.
Adaptive reuse. (38.42.040) The development of a new use for an older building or for a building
originally designed for a special or specific purpose.
Administrative design review (ADR) staff. (38.42.050) Certain members of the planning staff
charged with the design review, as defined in this division 38.700, of certain plans and proposals as
specified in this chapter. The organization, composition and procedures of the administrative design
review staff are subject to the requirements of division 38.200 of this chapter.
Adult business. (38.42.060) 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 MCA 45-8-201(2). Adult business as defined in this section include, but are not
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.
Affordable housing. (38.42.070) 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 33 percent of the household gross
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annual median income for housing. Annual median income is defined by the Department of Housing and
Urban Development.
Aggrieved person. (38.42.080) A person, as defined in this division 38.700, 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.
Agricultural. (38.42.090) The cultivation or tilling of soil or use of other growing medium for the
purpose 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 animals as authorized under chapter 8, service animals as defined
by the Americans with Disabilities Act, or landscaping for aesthetic purposes.
Agricultural water user facility. (38.42.100) 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 MCA 15-7-202.
Alley. (38.42.110) A permanent public thoroughfare providing a secondary means of access to abutting
lands connecting two right-of-way streets.
Aliquot part. (38.42.120) 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.
Alteration. (38.42.130) 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, are not considered alterations as defined in this section. The term
"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.
Animated sign. (38.42.150) A sign depicting action, motion, light, or color change, or that change the
sign displayed through electrical or mechanical means. Excludes those signs defined as revolving signs.
Antenna. (38.42.160) 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).
Apartment. (38.42.170) 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 in nonresidential buildings located within nonresidential districts, as specified in
this chapter. An efficiency unit is as an apartment under this definition. Townhouses and rowhouses are
excluded from this definition.
Apartment building. (38.42.180) A building other than a hotel, motel, townhouse, or rowhouse
containing five or more dwelling units.
Appellant. (38.42.190) 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.
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Applicable non-discrimination laws. (38.42.195) The Fair Housing Amendments Act of 1988, the
Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Montana Human Rights Act,
and the Montana Governmental Code of Fair Practices.
Applicant. (38.42.200) The person who, or organization which, submitted the application to the
agency, board or commission for approval, or the person who, or organization which, submitted the
application to the agency, board or commission whose decision has been appealed.
Architectural appearance. (38.42.210) 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.
Area of special flood hazard. (38.42.220) The land in the floodplain within the community subject to
inundation by a one percent or greater chance of flooding in any given year, i.e., the 100-year floodplain.
Area of signs. (38.42.230) The area of a sign that is 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 part 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 is 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 is 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 are not 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 is computed as the area of the sign.
Figure 38.700.020 Area of signs.
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Articulation. (new) The giving of emphasis to architectural elements (like windows, balconies, entries,
etc.) that create a complementary pattern or rhythm, dividing large buildings into smaller identifiable
pieces. See section 38.530.040 for articulation standards.
Articulation interval. (new) The measure of articulation; the distance before architectural elements
repeat. See section 38.530.040 for articulation standards.
Artificial obstruction/development. (38.42.250) 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, conduit, culvert, building, refuse, automobile body,
fill or other analogous structure or matter in, along, across or projecting into any 100-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 the natural flow of water would carry the
same downstream to the damage or detriment of either life or property.
Arts center and/or entertainment center. (38.42.260) A structure or facility for the presentation
of the performing arts, including indoor motion picture theaters; theaters for live performances; indoor
concert halls; and studios for arts education, such as dance or painting. Also includes entertainment
activities such as arcades; bowling alleys or pool halls. The term "arts and entertainment center" does
not include any business meeting the definition of adult business as defined by this chapter.
Automobile fuel sales or repair. (38.42.280) The use of a site for the direct sale of fuel to the end
user, or for the repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational
vehicles or boats. The term "automobile fuel sales or repair" 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.
Automobile reduction yard. (38.42.290) 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.
Automobile washing establishment. (38.42.310) A building which has its primary purpose as
washing automobiles. Such facilities are 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.
Awning. (38.42.320) A roof-like structure, which is generally composed of a skeletal frame, covered in
a fabric or other skin-type material, and typically opens 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
chapter a sign on an awning is considered to be a wall sign.
Sec. 38.700.030. – B definitions.
Banner. (38.42.330) 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 are not considered banners.
Base flood. (38.42.350) A flood having a one percent chance of being equaled or exceeded in any given
year. A base flood is the same as a 100-year flood.
Base flood elevation. (38.42.360) The elevation above sea level of the base flood in relation to North
American Vertical Datum of 1988 unless otherwise specified in the flood hazard study.
Basement. (38.42.370) 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.
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Figure 38.700.030-1 Basement.
Beacon. (38.42.380) 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.
Bed and breakfast. (38.42.390) 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.
Blank wall. (new) A ground floor wall or portion of a ground floor wall over 10 feet in height has a
horizontal length greater than 20 feet and does not include a transparent window or door. See section
38.530.070.C for blank wall treatment standards.
Building. (38.42.400) Any structure having enclosed space and a roof for the housing and/or enclosure
of persons, animals or chattels.
Building area. (38.42.410) The maximum horizontal projected area of the principal and accessory
building, excluding open steps, terraces, and architectural appurtenances projecting not more than two
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 setback requirements measured from the actual lot
line.
Building envelope. (38.42.420) The three-dimensional volume on a lot lying between the front, side
and rear setback lines and between ground level and the maximum allowable building height, amounting
to the area available for potential building construction.
Building frontage. (38.42.430) The maximum dimension of the building front measured on a straight
line parallel to the street, but excluding façades facing alleys or drive aisles.
Building height. (38.42.440) 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 must comply 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 two feet between opposite elevations of the building, the
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height of the building may be increased by one foot for every one foot in grade difference up to a
maximum of six additional feet.
Figure 38.700.030-2 Building height.
Building, principal. (38.42.450) A building in which is conducted the main, or principal, use of the lot
on which the building is situated.
Business. (38.42.460) A commercial enterprise carried on for profit; a particular occupation or
employment habitually engaged in for livelihood or gain.
Sec. 38.700.040. – C definitions.
Canopy. (38.42.470) Any open, permanent roof-like accessory structure which is not attached or part
of a principal building.
Canopy tree. (38.42.480) A species of tree which normally bears crown foliage no lower than six feet
above ground level upon maturity.
Carport. (38.42.490) 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 must 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 carport or
principal building.
Casino. (38.42.500)
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 may have
beverage and restaurant facilities as accessory uses. An establishment will be considered a casino for
the purpose of these regulations if any of the following characteristics apply:
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1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. 15 or more gambling machines are on the premises.
Cemetery. (38.42.510) Land used for the burial of the dead and dedicated for cemetery purposes,
including crematories, mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
Certificate of appropriateness. (38.42.520) A permit issued by the pertinent review authority
indicating its approval of plans to alter or construct a structure or alter a site within the Neighborhood
Conservation Overlay District.
Certificate of survey. (38.42.530) A drawing of a field survey prepared by a registered land surveyor
for the purpose of disclosing facts pertaining to boundary locations.
Church. (38.42.550) 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.
City. (38.42.560) The City of Bozeman.
City commission. (38.42.570) The governing body of the City of Bozeman.
Civic use. (38.42.580) 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.
Club, private (nonprofit). (38.42.590) 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.
Collocation. (38.42.600) 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 "collocation" does not include roof-mounted or surface-mounted wireless facilities
or the placement of other antenna on an amateur radio antenna.
Commercial message. (38.42.610) 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.
Commercial node. (38.42.620)
A. A commercial node is an area meeting all of the following conditions:
1. Designated as "community 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,
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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.
Common open space. (38.42.630) 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 may not be part of individual
residential lots. It must 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.
Common ownership. (38.42.640) Ownership by the same person, corporation, firm, 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 the
owner's family owns an interest in each corporation, firm, partnership, entity or unincorporated
association.
Community center. (38.42.650) 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.
Community development director. (38.42.2380) The director of the Bozeman Department of
Community Development and the person charged with the administration of this chapter unless
otherwise specifically noted in this chapter.
Community residential facility. (38.42.660)
A. A facility licensed by the Montana Department of Public Health and Human services 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 day 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 MCA 52-2-601 et seq.;
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;
6. An assisted living facility licensed under MCA 50-5-227;
7. A foster home, kinship foster home, youth shelter care facility, or youth group home operated
under the provisions of MCA 52-2-621 through 52-2-623.
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 are not counted as residents, except that the total number of all
persons living at the facility may not exceed ten.
Compatible development. (38.42.670) 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; rhythm of architectural elements; scale; intensity; materials; building siting;
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lot and building size; hours of operation; and integration with existing community systems including
water and sewer services, natural elements in the area, motorized and nonmotorized transportation,
and open spaces and parks. Compatible development does not require uniformity or monotony of
architectural or site design, density or use.
Compatible land use. (38.42.680) 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.
Conditional use. (38.42.690) A public or private use as listed in this chapter which, because of its
unique characteristics, cannot be properly classified as a principal use or accessory use in a particular
district.
Conditional use permit. (38.42.700) Legal authorization to construct, develop or operate a
conditional use as defined by this chapter.
Conservation easement. (38.42.710) The grant of a property right or interest from the property
owner to the public or nonprofit conservation organization stipulating that the described land must
remain in perpetuity in its natural and open state, precluding future or additional development (with the
exception of any allowable structures or facilities).
Contiguous tract. (38.42.720) 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.
Construction. (38.42.730) The act of adding to an existing structure or erecting a new principal or
accessory structure; the act of building by combining or arranging parts or elements; the thing so built.
Convenience use. (38.42.750)
A. 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:
1. 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 carry-out containers; or
3. Use features drive-in and/or drive-through component.
Cooperative household. (38.42.760)
A. A cooperative household is a single housekeeping unit with five or more persons which exhibits four
or more of the following characteristics:
1. A shared strong bond or common commitment to a single purpose, such as members of a
religious order;
2. Are not legally dependent on others not living with them;
3. Can establish legal "domicile" as defined by state law;
4. Share a single household budget;
5. Share in the work of maintaining the premises;
6. 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
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7. A relationship of a permanent and distinct character with a demonstrable and recognizable bond
characteristic of a cohesive unit.
B. Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge,
organization or other individuals with a common living arrangement or whose basis for the
establishment of the housekeeping unit is for a period of less than 12 months.
Cornice. (new) A horizontal molding projecting along the top of a wall, building, etc. See 38.530.050.E
for related standards.
Covenant. (38.42.770) An agreement that restricts the land and binds present owners and subsequent
grantees with a view towards protecting and enhancing the physical, natural and economic integrity of an
area.
Sec. 38.700.050. – D definitions.
Day care center. (38.42.790) A place in which supplemental care is provided to 13 or more
nonresident persons on a regular basis and which is licensed by the state.
Day care home, family. (38.42.800) 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.
Day care home, group. (38.42.810) A private residence in which supplemental care is provided to
seven to 12 nonresident persons on a regular basis and which is registered by the state.
Dedication. (38.42.820) 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 property has been devoted.
Demolition. (38.42.830) Any act or process that destroys, in part or whole, a structure or
archaeological site.
Departure. (new) A provision allowing for applicants to propose alternative means of compliance with
a specific standard on a voluntary basis, provided they meet the intent of the standard. See 38.250.060
for procedures.
Design review. (38.42.840) The aesthetic evaluation of certain development proposals.
Design review board. (38.42.850) That board created by chapter 2 article 5 of the Municipal Code
with duties as described.
Development. (38.42.860) Any manmade 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.
Development envelopes. (38.42.870) Areas on a lot within which grading, lawns, pavement and
buildings will be located.
Development review committee. (38.42.880) That committee created by division 38.200 of this
chapter and charged with reviewing designated plans and proposals.
Deviation. (38.42.890) A modification of physical standards of this chapter as applied to a specific piece
of property located within the neighborhood conservation overlay district or anywhere within the city
through a planned unit development.
Disabled person. (38.42.895) A person who has a medical, physical or mental condition that limits a
major life activity, anyone who is regarded as having such a condition or anyone who has a record of
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having such a condition, and includes persons who have a handicap or a physical or mental disability as
defined in applicable non-discrimination laws.
Division of land. (38.42.900) 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 a portion of the
tract, or properly filing a certificate of survey or subdivision plat establishing the identity of the
segregated parcels pursuant to this chapter and the Montana Subdivision and Platting Act (MCA 76-3-
101 et seq.). 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.
Directional sign. (38.42.910) An on-premises 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.
Drive access. (38.42.920) 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.
Drive-in business. (38.42.930) 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.
Dwelling. (38.42.940) A building, or portion thereof, meeting the requirements of the city's adopted
International Building Code and used by one household, as defined by this article, for residential
purposes. Dwellings may exist in many configurations, including single-household, two-household,
multiple-household dwellings and group homes. Dwellings do not include hotels, motels, Type-3 short
term rentals as defined in article 22 38.356.250.
Sec. 38.700.060. – E definitions.
Easement. (38.42.950) 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.
Efficiency unit. (38.42.960) A dwelling unit containing only one habitable room as defined and
regulated by the most recently adopted International Building Code.
Engineer (registered professional engineer). (38.42.970) A person licensed in conformance with
the Montana Professional Engineers Registration Act (MCA 37-67-101 through 37-67-332) to practice
engineering in the state.
Engineering division. (38.42.980) Engineering Division of the City of Bozeman's Department of Public
Works.
Essential services (Type I). (38.42.990) Small-scale and below ground facilities, equipment and
structures required for the provision of immediate customer service of public and quasi-public services
within the city. Additional items may be determined by the director of community development to be
appropriately included in this definition. These facilities, equipment and structures include:
1. Public water distribution lines.
2. Public sanitary sewer collection lines.
3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and
drainageways.
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4. Fire hydrants.
5. Electric service:
a. Below ground distribution and local transmission lines, cables and appurtenances.
b. Above ground distribution and local transmission lines, cables and appurtenances no greater
in height than the minimum required by the National Electric Safety Code (NESC) plus 15
percent.
6. Natural gas service:
a. Below ground distribution lines and appurtenances.
b. Below ground transmission lines and appurtenances.
c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings.
7. Communications services:
a. Below ground telephone lines and cables.
b. Below ground cable television lines.
c. Below ground electronic data transmission lines and cables.
8. Above ground utility boxes, not to exceed 20 square feet in footprint.
9. Roof mounted distributed electrical generation solar panel.
10. Public and amateur radio antennae and towers.
Essential services (Type II). (38.42.1000) Facilities, equipment and structures required for the
provision of neighborhood level public and quasi-public services within the city. Additional items may be
determined by the director of community development to be appropriately included in this definition.
Specific facilities, equipment and structures include:
1. Public water storage facilities; and pumping stations.
2. Public sanitary sewer or storm sewer lift stations.
3. Water fill stations for firefighting equipment.
4. Electric service:
a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including
the repair and replacement of the same as necessary to maintain their operation.
b. Transmission lines, cables, and appurtenances 161 kV or less and no greater in height than
the minimum required by the National Electric Safety Code (NESC) plus 25 percent, other
than those included in Essential Services (Type I).
5. Natural gas service:
a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to
exceed 125 square feet.
6. Communications services, except those included in essential services (Type F), including above
ground buildings not to exceed 125 square feet:
a. Telephone lines and cables.
b. Cable television lines.
c. Electronic data transmission lines and cables.
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7. Above ground utility boxes, from 20—125 square feet, except those included in essential
services (Type I).
Essential services (Type III). (38.42.1005) Community-scale facilities, equipment and structures
required for the provision of public services not otherwise listed as an essential services (Type I or II).
1. Public water treatment.
2. Sanitary sewer treatment.
3. Storm sewer treatment.
4. Police and fire stations.
5. Electric substations and electrical transmission lines, cables and appurtenances, except those
included in essential services (Type I) or essential services (Type II).
6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of
125 square feet.
7. Communications including but not limited to telephone satellite community dial offices;
telephone exchanges and repeater stations, except those facilities which may be considered
wireless facilities.
8. Gasoline, oil and coal pipelines.
Establish. (38.42.1010) To construct, place, insert or excavate.
Evergreen tree or shrub. (38.42.1020) A tree or shrub of a species which normally retains its
leaves/needles throughout the year.
Existing manufactured home park or subdivision. (38.42.1030) 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. This includes, at a minimum, the
installation of utilities, the construction of streets, and either final site grading or the pouring of concrete
pads.
Sec. 38.700.070. – F definitions.
Façade. (new) The entire building front or street wall face of a building extending from the grade of the
building to the top of the parapet or eaves and the entire width of the building elevation.
Final decision. (38.42.1050) The final action of an agency, board or commission when no further
action is available before such agency, board or commission.
Final plat. (38.42.1060) The final drawing of a subdivision and dedication required by this chapter 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 forth in this chapter and the Montana
Subdivision and Platting Act.
Final site plan. (38.42.1070) The final scale drawings of a preliminarily approved development and any
other required information, the approval of which by the review authority indicates that the required
conditions for approval have been met.
Flood or flooding. (38.42.1080) A general and temporary condition of partial 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.
Flood insurance rate map. (38.42.1090) The map on which FEMA has delineated both the 100-year
floodplains and the risk premium zones.
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Flood insurance study. (38.42.1100) The report in which FEMA has provided flood profiles, as well as
the Flood Boundary/Floodway Map and the water surface profiles.
Floodplain. (38.42.1110) Areas generally adjoining a stream that would be covered by floodwater of a
100-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 article 6 of this chapter.
Floodplain Act. (38.42.1120) The Montana Floodplain and Floodway Management Act, MCA 76-5-101
et seq.
Floodway. (38.42.1130) The channel of a stream and the adjacent overbank areas that must be
reserved in order to discharge a base flood (100-year flood) without cumulatively increasing the water
surface elevation more than one-half foot.
Floodway fringe. (38.42.1140) The portion of the floodplain that is outside the limits of the floodway.
Footcandle. (38.42.1160) A unit of light intensity stated in lumens per square foot and measurable with
an illuminance meter.
Freestanding sign. (38.42.1170) 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.
Front setback. (38.42.1190) A setback 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.
Sec. 38.700.080. – G definitions.
Garage, private. (38.42.1200) 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.
Garage, public. (38.42.1210) Any building or premises, except those defined herein as an individual
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.
General service establishment. (new) “General service establishment” refers to a category of uses
whose primary activity is the provision of assistance, as opposed to products, to individuals, businesses,
industry, government, and other enterprises. Specific uses in this category include but are not limited to
financial establishments, postal and courier services, repair shops, laundries, veterinary clinics, and other
services where uses occur entirely within buildings, little or no outdoor storage, and no external
impacts are anticipated. This term also includes vehicular parking lots and garages.
Ghost sign. (38.42.1215) A wall sign painted on the exterior wall of a building prior to June 22, 1997
and which advertises a business, product or service no longer found at that location or an expired
political campaign.
Glare. (38.42.1220) The sensation produced by lighting that causes an annoyance, discomfort or loss in
visual performance and visibility to the eye.
Governing body. (38.42.1230) The governing authority of a city or town organized pursuant to law. In
the city, the city commission is the governing authority.
Grade. (38.42.1240) The lowest point of elevation of the finished surface of the ground between the
exterior wall of a building and a point five 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
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less than five feet distance from the wall. If walls are parallel to and within five feet of a public sidewalk,
alley or other public way, the grade must be the elevation of the sidewalk, alley or public way. The term
"finished surface of the ground" does not include window wells, stairwells or other similar features, but
does include features such as usable patio areas.
Green. (38.42.1250) An open space available for unstructured recreation, with landscaping consisting of
maintained grassy areas, trees and other vegetation.
Greenhouse. (38.42.1260) A building or structure constructed chiefly of glass, glass-like translucent
material, cloth, lath or similar materials which is devoted to the protection or cultivation of flowers or
other plants.
Ground floor area. (38.42.1270) 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 stairways and secondary stairways.
Group living. (38.42.1275) A building, portion of a building or a complex of buildings under unified
control and management which contains facilities for living, sleeping, sanitation, eating and cooking for
occupancy for residential uses; and which does not otherwise meet the definition of another residential
use defined in this chapter. Eating and cooking areas may be shared in whole or part.
Gross acreage. (38.42.1280) The total area of a parcel including the area of perimeter street rights-of-
way to the centerline of the street.
Gross density. (38.42.1290) The number of residential dwelling units per unit of land used for
residential purposes, with the term "unit of land" being the gross residential acreage.
Groundcover. (38.42.1300) Natural mulch or plants of species which normally reach a height of less
than two feet upon maturity, installed in such a manner so as to form a continuous cover over the
ground.
Growth policy. (38.42.1310) 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 MCA 76-1-601.
Guest house. (38.42.1320) 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) is considered a
dwelling unit.
Sec. 38.700.090. – H definitions.
Health authorities. (38.42.1330) The state department of environmental quality, local environmental
health specialist or other authorized representative.
Health and exercise establishments. (38.42.1340) An establishment designed and equipped for the
conduct of sports, exercise activities 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 include child care, suntanning booths, massage, health and nutrition counseling
services, retail sales of sporting goods and restaurant services.
Heavy retail and service establishment. (new) Retail and/or service activities that may have
exterior service or storage areas. This use category includes, but is not limited to sales of agricultural
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supplies, building materials, manufactured homes, and heating fuels, truck stops, transit terminals,
outdoor display/sales, and warehousing.
Height of low profile sign. (38.42.1350) The vertical distance between the finished grade and the
highest component of the sign.
Height of pole style sign. (38.42.1360) 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 is 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.
Figure 38.700.080 Height of pole style sign.
High visibility street corners and gateway sites. (new) All commercially zoned and REMU Districts
intersecting Arterial or an Arterial and Collector street are defined as a high visibility street corner and
warrant special design standards set forth in section 38.530.050.D.
Historic site. (38.42.1370) The location of a significant event, a prehistoric or historic occupation or
activity where the location itself possesses significant historic, cultural or archaeological value. The value
of a site must be based on the ability of the site to meet the eligibility requirements for historical
significance as described by the National Register of Historic Places and as approved by the city. The
most recent National Register Criteria for Evaluation as published by the U.S. Department of the
Interior, National Park Service are the basis for determining whether a property is eligible for historical
significance when a new or updated evaluation is prepared.
Historic structure. (new per Ordinance1920)
Any building or structure that is:
1. listed in the State or National Register of Historic Places; or
2. designated as a historic property under local or state designation law or survey; or
3. certified as a contributing resource within a National Register listed or locally designated
historic district; or
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4. eligible, as determined by the City of Bozeman, to be listed on the National or State Register of
Historic Places either individually or as a contributing building to an existing or potential historic
district.
The most recent National Register Criteria for Evaluation as published by the U.S. Department of the
Interior, National Park Service are the basis for determining whether a property is eligible for historical
significance when a new or updated evaluation is prepared.
Home-based business. (38.42.1380) 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 chapter.
Home office. (38.42.1390) 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 email;
preparing or maintaining business records; word and data processing; and telephone, mail order and off-
premises sales.
Hospital. (38.42.1400) 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.
Hotel or motel. (38.42.1410) A building or a group of buildings in which lodging is provided and
offered to transient guests for compensation; the term "hotel or motel" does not include a
boardinghouse, lodginghouse or roominghouse.
Household. (38.42.1420)
A. 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:
1. Any number of people related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Persons or groups granted a request for a reasonable accommodation to reside as a single
housekeeping unit pursuant to section 38.35.090.
5. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in nature; or
c. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
Sec. 38.700.100. – I definitions.
Illuminance. (38.42.1430) The quantity of light measured in footcandles or lux. The density of the
luminous flux incident on a surface; it is the quotient of the luminous flux by the area of the surface
when the latter is uniformly illuminated.
Immediate family. (38.42.1440) A spouse, children by blood or adoption, and parents.
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Incidental. (38.42.1450) Any action or use of less importance, or secondary to, any other action or
use.
Incidental sign. (38.42.1460) 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, will be considered incidental.
Interchange zone. (38.42.1490) 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.
Irregularly shaped tract of land. (38.42.1500) 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.
Sec. 38.700.110. – L definitions.
Landmark. (38.42.1510) A site, structure or object designated as a "landmark" pursuant to the
procedures prescribed in division 38.340 of this chapter, 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 is subject to all neighborhood
conservation overlay district procedures and requirements.
Landscape architect. (38.42.1520) A person licensed to practice landscape architecture in the state.
Landscaping. (38.42.1530) 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 elements such as washed rock, lava rock, bark chips and
ornamental features such as pools, fountains, benches, etc. For purposes of this chapter, the term
landscaping is considered to have the same meaning as the terms "landscape," "landscaped" and
"landscaped area."
Large scale wireless facility. (38.42.1540) A wireless facility 25 feet or greater in height from the
base to the highest point including attachments. Examples of supporting structures are monopoles, self-
supporting (lattice) 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 may
not be included in the calculation. Some illustrated examples of large scale wireless facilities are shown
below.
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Figure 38.700.110-1 Large scale wireless facility.
Large shrub. (38.42.1550) A shrub which normally reaches a height of five feet or more upon
maturity, and usually has five or more canes.
Large tree. (38.42.1560) A tree of a species which normally reaches a height of 25 feet or more upon
maturity, and usually has a single stem.
Levee. (38.42.1570) A manmade embankment, usually earthen, designed and constructed in accordance
with sound engineering practices to contain, control or divert the flow of water to provide protection
from temporary flooding.
Levee system. (38.42.1580) 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 practices.
Level I, II, and III Improvements. (new) See section 38.500.020.B for descriptions.
Light construction. (38.42.1590) Any change not construed as an alteration or repair, including paving
of established driving and parking areas (subject to the requirements of division 38.540 of this chapter);
construction of patios not greater than 120 square feet in size; construction of sidewalks not wider than
five feet; and landscaping (but not including major changes in grading or site surface drainage).
Light goods repair. (38.42.1600) 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.
Light source. (38.42.1610) A single artificial point source of light that emits measurable radiant energy
in or near the visible spectrum.
Light trespass. (38.42.1620) Light emitted by a lighting installation that extends beyond the boundaries
of the property on which the installation is sited.
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Figure 38.700.110-2 Light trespass.
Limited access. (38.42.1630) 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.
Limited access roadway. (38.42.1640) A street or road especially designed for through traffic, over
which abutting landowners have no right to direct access.
Live-work unit. (new) A single household dwelling unit designed to accommodate ground level
commercial uses. The dwelling unit type may be any type that is permitted in the applicable zoning
district. Permitted non-residential uses may be those that are permitted in the applicable zoning district.
Local services. (38.42.1650) 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.
Lodginghouse. (38.42.1660) 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
boardinghouse.
Lot. (38.42.1670) 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 chapter, and
having its principal lot frontage on a street. When one or more lots are held in common ownership they
must be treated as a single lot for the purposes of development review and evaluation of compliance
with the standards of this chapter.
Lot area. (38.42.1680) The total horizontal area within the boundary lines of a lot.
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Lot coverage. (38.42.1690) The ratio of horizontal area, measured from the exterior surface of the
exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area.
For the purposes of calculating lot coverage, those portions of a structure which do not have exterior
walls are not included, even if it is covered by a roof.
Lot measurements. (38.42.1700)
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.
C. Lot 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 are considered
frontage. On curvilinear streets, the arc between the side lot lines is considered the lot frontage.
D. Lot area. The total horizontal area within the boundary lines of a lot.
Lot types. (38.42.1710)
A. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets.
B. Interior lot. A lot other than a corner or through lot.
C. Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel,
streets.
D. 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.
Lot line, front. (38.42.1720) In the case of an interior lot, a line separating the lot from the street, in
the case of a corner 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.
Lot line, rear. (38.42.1730) 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 ten feet in length within the lot, parallel to and at
the maximum distance from the front lot line.
Lot line, side. (38.42.1740) Any lot boundary line that is not a front lot line or a rear lot line.
Lot line, zero. (38.42.1750) A concept utilized to permit a structure or wall of a building to be located
on a property line.
Lot width. (38.42.1760) The distance as measured in a straight line, between side lot lines at the points
of intersection with the required front building line.
Lot with residential adjacency. (38.42.1770)
A. Any of the following:
1. 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, R-5 or R-O zoning district;
2. 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, R-5 or R-O zoning district;
3. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4,
R-5 or R-O zoning district; or
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4. An artificial lot 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, R-5 or R-O zoning district.
Low-profile sign. (38.42.1780) A freestanding sign composed of a solid structure between finished
grade and the top of the sign. Also referred to as a monument sign.
Luminaire. (38.42.1790) A complete lighting unit consisting of a light source and all necessary
mechanical, electrical and decorative parts; also called the lighting fixture.
Luminance. (38.42.1800) 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.
Lux. (38.42.1810) A unit of light intensity stated in lumens per square meter. There are approximately
10.7 lux per footcandle.
Sec. 38.700.120. – M definitions.
Manufactured home. (38.42.1820) 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 does not include recreational vehicles. Any
dwelling meeting the definition of modular home is not a manufactured home.
Manufactured home lot or space. (38.42.1830) 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.
Manufactured home stand. (38.42.1840) 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.
Manufactured home community. (38.42.1850) 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.
Manufacturing. (38.42.1860) The creation of products either with machinery or by hand according to
an organized plan and with the division of labor.
Manufacturing, artisan. (38.42.1865) Production of goods by the use of hand tools or small-scale,
light mechanical equipment occurring solely within an enclosed building where such production requires
no outdoor operations or storage, and where the production, operations, and storage of materials
related to production occupy no more than 3,500 square feet of gross floor area. Typical uses have
negligible negative impact on surrounding properties and include woodworking and cabinet shops,
ceramic studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or
food processing.
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Manufacturing, heavy. (38.42.1860) The creation of products either with machinery or by hand
according to an organized plan and with the division of labor. These uses contain land use intensity
impacts typically associated with large industrial uses, their accessory outdoor storage uses, and large
building areas. This use category includes, but is not limited to wrecking yards, building material
manufacturing, chemical plants, concrete and asphalt plants, and freight facilities.
Manufacturing, light. (38.42.1870) Small scale fabrication of and/or assembly of goods from previously
prepared materials that occurs entirely indoors and features low levels of trucking access typical of
standard retail or general service establishments.
Manufacturing, moderate. (new) Refers to a category of uses that accommodate moderate intensity
levels of manufacturing and assembly activities, storage, warehousing, services, associated offices and
similar uses. This use category includes, but is not limited to contractors, call centers, textiles, wood
products, printing, pharmaceuticals, machinery manufacturing, research and development, regional
distribution, and crematories. These uses may feature some outdoor activities and/or storage and/or
moderate levels of associated trucking access.
Mean sea level. (38.42.1880) The North American Vertical Datum of 1988 (NAVD88) or other datum
to which base flood elevations are referenced.
Medical offices, clinics and centers. (38.42.1890) An establishment where patients are admitted for
special study and treatment by licensed health care professionals, including acupuncturists and
chiropractors.
Micro-scale wireless facility. (38.42.1900) A wireless facility less than ten 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, may not be included in the calculation.
Mining. (38.42.1910) The extraction of sand, gravel or other material from the land in the amount of
400 cubic yards or more and the removal thereof from the site without processing.
Mini-warehouse (warehouse, residential storage). (38.42.1920) 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.
Minor subdivision. (38.42.1930) A subdivision that creates five or fewer lots from a tract of record.
Mobile home. (38.42.1940) 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 definition 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.
Modular or sectional home. (38.42.1970) 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 chapter 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.
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Monument (permanent monument). (38.42.1980) Any structure of masonry, metal or other
permanent material placed in the ground which is exclusively identifiable as a monument to a survey
point, expressly placed for surveying reference.
Mural. (38.42.1985) A visual representation using texture, colors, forms, or symbols, which does not
meet the definition of a sign, placed on a solid, nontransparent vertical surface such as a wall of a
building.
Sec. 38.700.130. – N definitions.
Natural environment. (38.42.1990) The physical conditions which exist within a given area, including
land, water, mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance.
Neighborhood commercial center. (38.42.2000) Commercial uses oriented at serving the needs of
neighborhoods. These areas are typified by smaller scale shops and services, and a high level of
pedestrian, bicycle and transit opportunities. Neighborhood commercial centers are intended to support
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 arterial 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.
Neighborhood conservation overlay district. (38.42.2010) An area designated as the
neighborhood conservation overlay district on the city zoning map pursuant to the procedures set forth
herein.
Net residential density. (38.42.2020) 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 applies:
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 transportation easements (acres)
d = Dedicated parklands, conservation easements, or common open spaces (acres)
New construction. (38.42.2030) Development commenced on or after the effective date of the
ordinance from which this chapter is derived.
Nonbroadcast telecommunication facility. (38.42.2040) A facility used for the transmission or
enhancement of telecommunications which does not include the presence of antennas, as defined in this
chapter. A nonbroadcast telecommunication facility does not include office use, materials storage or
other similar uses.
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Noncanopy tree. (38.42.2050) A large tree which in its native state has at maturity canopy vegetation
less than six feet above the ground.
Non-commercial speech. (38.42.2060) Any sign wording, logo or other representation that does not
directly or indirectly name, advertise or call attention to a business, product, service or other
commercial activity.
Nonconforming sign. (38.42.2070) A sign that does not conform to the provisions of division 38.560
of this chapter.
Nonconforming structure. (38.42.2080) Any structure which was legal prior to the effective date of
the ordinance from which this chapter is derived which fails to comply with the building location
standards, and/or size requirements of the applicable zoning district in which it is located.
Nonconforming use. (38.42.2090) An existing use of land or building which was legal prior to the
effective date of the ordinance from which this chapter is derived but which fails to comply with the
requirements set forth in this chapter applicable to the zone in which such use is located.
Noxious matter or material. (38.42.2100) Material capable of causing injury to living organisms by
chemical reaction or capable of causing detrimental effects on the physical or economic well-being of
individuals.
Nursing home. (38.42.2110) 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 infirmity, are unable to care for themselves.
Nursery, plant. (38.42.2120) 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.
Sec. 38.700.140. – O definitions.
Off-premises sign. (38.42.2130) A sign which advertises or directs attention to products or activities
that are not provided on the parcel upon which the sign is located.
Offices. (38.42.2140) 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.
Official floodplain maps. (38.42.2150) The flood insurance rate maps (FIRMs) and flood insurance
study (FIS) provided by the Federal Emergency Management Agency (FEMA) for the Gallatin County,
Montana, inclusive of the City of Bozeman, dated September 2, 2011 (FEMA FIS No. 30031CV000A),
and incorporating any approved updates or revisions.
100-year flood. (38.42.2160) A flood having a one percent chance of being equaled or exceeded in any
given year. A 100-year flood is the same as a base flood.
Open sales (or rental) lot. (38.42.2170) 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.
Open space. (38.42.2180) 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.
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Open space, usable. (38.42.2190) 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 section 38.430.090.
Ordinary high-water mark. (38.42.2200) 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.
Overlay zone. (38.42.2210) A zone superimposed upon an underlying zone which establishes special
requirements in addition to, or in lieu of, those of the underlying zone.
Sec. 38.700.150. – P definitions.
Parapet. (38.42.2220) That part of the wall which extends above the roof. For the purposes of this
chapter relating to signage, the top of the parapet is considered to be the roofline.
Figure 38.700.140 Parapet (for signage).
Park. (38.42.2230) For the purposes of this chapter only, park means an open space, as defined in this
chapter, under the ownership or other legal control of the city which provides area for active and
passive recreational purposes.
Parking area. (38.42.2240) An area, other than a street or alley designated for use, or used, for
temporary parking of vehicles.
Parking space, off-street. (38.42.2250) 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.
Party wall. (38.42.2260) 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.
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Pathway. (38.42.2270) A facility that accommodates the recreational and/or transportation needs of
pedestrians and bicyclists, including sidewalks, bike lanes, boulevard trails and trails.
Paved parking space or surface. (38.42.2280) An area covered by an impervious dustfree surface of
asphalt or concrete designed to specifications of the city.
Pedestrian-oriented open space. (new) Publicly accessible spaces that enliven the pedestrian
environment by providing opportunities for outdoor dining, socializing, relaxing and provide visual
amenities that can contribute to the character of the neighborhood. See section 38.520.060.D for
pedestrian-oriented open space design criteria.
Pennant. (38.42.2290) 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.
Permeable pavement. (38.42.2300) 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.
Permitted use. (38.42.2310) A use which is lawfully established in a particular zoning district and
which conforms to all requirements, regulations and performance standards of such district. A permitted
use may be a principal use, an accessory use or a conditional use.
Personal and convenience services. (38.42.2320) 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.
Personal property. (38.42.2330) Any movable or intangible thing that is subject to ownership and not
classified as real property.
Persons. (38.42.2340) 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.
Planned unit development (PUD). (38.42.2350) 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.
Planning board. (38.42.2360) The Bozeman Planning Board.
Plat. (38.42.2390) A graphical representation of a subdivision showing the division of land into lots,
parcels, blocks, streets, alleys, and other divisions and dedications.
Plaza. (38.42.2400) 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.
Pole sign. (38.42.2410) A freestanding sign which is supported by a column or other structural
member that is permanently attached to the ground, or a ground-mounted structure and provides a
minimum of eight feet of visible, vertical clearance between the bottom of the sign and finished grade.
Portable sign. (38.42.2420) 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
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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.
Preservation board. (38.42.2430) The Bozeman Historic Preservation Advisory Board.
Primary access. (38.42.2440) The major access to a subdivision. The major access generally carries
the most traffic as determined by the traffic engineering study.
Principal use. (38.42.2450) A use or structure which determines the predominant or major use of the
lot on which it is located. The principal use is that use which establishes the character of the property
relative to surrounding or adjacent properties.
Private street. (38.42.2460) A right-of-way usable by the public but maintained by a property owners’
association.
Projecting sign. (38.42.2470) Any sign affixed to a building or wall in such a manner that its leading
edge extends more than six inches beyond the surface of such building or wall and is perpendicular to
such building or wall.
Proper access. (38.42.2480) Either an improved public street or road, maintained by the city, county
or state; or a street or road built to the standards provided in these regulations.
Property owner. (38.42.2490) Any person, firm, 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.
Property owners’ association. (38.42.2500) 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.
Public building. (38.42.2510) A building, supported by government funds, to be used in an official
capacity on behalf of the entire community.
Public health and safety. (38.42.2520) A condition of optimal well-being, free from danger or injury,
for a community at large, not merely for an individual or small group of persons.
Public improvement. (38.42.2530) 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.
Public street or road. (38.42.2540) A street or road for which the right-of-way has been dedicated to
the public.
Sec. 38.700.160. – R definitions.
Real property. (38.42.2550) Land and anything growing on, attached to, or erected on it, excluding
anything that may be severed without injury to the land. Real property also includes easements.
Rear setback. (38.42.2560) A setback extending across the full width of the lot between the two side
lot lines, the depth of which is the distance required by this chapter between the rear property line and
the rear building line.
Reasonable accommodation. (38.42.2565) A process for providing flexibility in the application of
city land use and zoning regulations and procedures, or even waiving certain requirements, when
necessary to eliminate barriers to equal housing opportunities guaranteed under applicable non-
discrimination laws. It may include flexible application of regulations such as: the definition of household;
authorized uses in zone districts; setback area modifications for ramps, handrails or other such
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accessibility improvements; hardscape additions, such as widened drive aisles, parking area or walkways;
building additions for accessibility; or reduced off-street parking where the disability clearly limits the
number of people operating vehicles. Reasonable accommodation does not include an accommodation
which would (1) impose an undue financial or administrative burden on the city or (2) require a
fundamental alteration in the nature of the city's land use and zoning program. Reasonable
accommodations are subject to all laws that require or regulate planning, zoning or subdivision and
platting.
Recreational vehicle. (38.42.2570) 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 accommodations 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 eight feet in width and 50 feet in length.
Recreational vehicle park. (38.42.2580) 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.
Recreational vehicle space. (38.42.2590) 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.
Relocation. (38.42.2600) Any movement of a structure, on the same site or to another site.
Repair. (38.42.2610) Any change not otherwise construed as light construction or an alteration, as
defined in this division 38.700, 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 reroofing is included under this definition of repair.
Required side building line. (38.42.2640) The line nearest to the side and extending between the
required front building line and required rear building line establishing the minimum open space to be
provided between the side line of a building and the side lot line. See also the definition of "setback line."
Required setback. (38.42.2650) The minimum dimension of a front, side or rear setback as
established by the use regulations for each district.
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Figure 38.700.160 Required setbacks.
Restaurant. (38.42.2660) Any restaurant (except a drive-in restaurant or a convenience food
restaurant as defined in this division 38.700), coffee shop, cafeteria, short-order cafe, luncheonette,
sandwich stand, drugstore and soda fountain serving food.
Retail. (38.42.2670) The rental or sale of tangible personal property for any purpose other than for
resale.
Retail, large scale. (38.42.2680) 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.
Revolving sign. (38.42.2690) Any sign which all, or a portion of, mechanically rotates either on an
intermittent or constant basis around a central axis.
Ridgeline. (38.42.2700) 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 often acting as the hydrologic dividing line between
two or more drainage areas.
Ridgeline protection area. (38.42.2710)
A. A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
1. Located in an area above 4,900 feet in elevation above mean sea level; and
2. When the elevation of a line parallel to the ridgeline loses either:
a. At least ten feet in vertical elevation on both sides of the ridgeline within 100 feet; or
b. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet;
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c. 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.
Right-of-way. (38.42.2720) 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, storm sewer line or other similar uses.
Roadway. (38.42.2730) That portion of the street or road right-of-way which is improved or is
proposed to be improved to carry 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.
Roof sign. (38.42.2740) Any sign erected and constructed on or over the roof of a building, supported
by the roof structure, or extending vertically above any portion of the roof. Roof signs do not include
signs located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the
purpose of this division 38.700, architecturally integrated mansard signs and other architecturally
integrated signs located below the principal roofline are classified as wall signs.
Rowhouse. (new) A dwelling unit that shares one or more common or abutting walls with one or more
dwelling units. A rowhouse does not share common floors/ceilings with other dwelling units.
Rowhouse cluster. (new) A building consisting of three or more rowhouses.
Sec. 38.700.170. – S definitions.
School. (38.42.2750)
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.
Screening. (38.42.2760) 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).
Security lighting. (38.42.2770) All outdoor lighting used for, but not limited to, illumination for
walkways, roadways, equipment yards, parking lots and outdoor security where general illumination for
safety or security of the grounds is the primary concern.
Setback. (38.42.2790) The distance from the property line to the nearest part of the applicable
building, structure or sign, measured perpendicularly to the property line. Setback also refers to 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, drive aisles, lamp posts and similar
structures, and unobstructed by structures, except as otherwise provided in this chapter.
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Setback line. (38.42.2800) That line that is the required minimum 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 chapter.
Sewer, public. (38.42.2810) Any sanitary sewer line owned and maintained by the city, whether or not
installed by the city.
Shared access. (38.42.2820) A fixed 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.
Shopping mall. (38.42.2830) A multitenant retail structure where tenants are located on both sides of
a covered walkway with direct pedestrian access to all establishments from the walkway.
Short Term Rental (38.42.2835) A vacation home, tourist home as defined in MCA 50-51-102, a
dwelling as defined in 38.700.050, accessory dwelling unit, or room within a vacation home or dwelling,
which is rented by or on behalf of the owner to the general public for compensation for transient
occupancy as provided for in 38.360.250.
Sign. (38.42.2840) 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.
Side setback. (38.42.2850) A setback 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.
Site plan. (38.42.2860) 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 chapter.
Small-scale wireless facility. (38.42.2870) 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 (lattice) 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 may
not be included in the calculation. This definition excludes those facilities meeting the definition of a
micro-scale wireless facility. Some illustrated examples of locations for possible small-scale wireless
facilities are shown below.
Figure 38.700.170 Small scale wireless facility.
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Small tree. (38.42.2880) A tree of a species which normally reaches a height of less than 25 feet upon
maturity.
Soil. (38.42.2890) A medium in which plants will grow.
Special event sign. (38.42.2900) A temporary sign which advertises special civic events and activities
such as street fairs, community festivals, parades, farmers' markets and charity benefits.
Square. (38.42.2910) 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.
Stable, commercial. (38.42.2920) 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.
Stable, private. (38.42.2930) 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 may
not exceed 6,000 square feet in area.
Start of construction. (38.42.2940) The commencement of clearing, grading, filling or excavating to
prepare a site for construction.
Stealth or camouflaged. (38.42.2950) 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 requirements.
Street. (38.42.2960) A right-of-way, dedicated or otherwise legally established, for public use by
motorized and nonmotorized vehicles and pedestrians, usually affording the principal means of access to
abutting property.
Street frontage. (38.42.2970) Any property line separating a lot from a street other than an alley; the
front lot line.
Street, public. (38.42.2980) Any street which has been dedicated to the public or is otherwise publicly
owned. Any street not a public street is deemed a private street.
Street types. (38.42.2990) For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut and are
served by public or private streets.
2. 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 city transportation plan,
however, streets not depicted in the city transportation plan may be designated as arterials by
the review authority specified in section 38.200.010.
a. 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
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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.
b. 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 carry 5,000 to 15,000
vehicles per day.
3. 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
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 carry 2,000 to 10,000 vehicles per day.
Collector streets are typically designated in the city transportation plan, however, additional
streets may be designated as collectors by the review authority specified in section 38.200.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround
area.
5. Dead-end street. A street having only one outlet for vehicular traffic.
6. 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.
7. 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 carry 1,000 to 3,000 vehicles per day but can carry in
excess of 6,000.
8. 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.
Structure. (38.42.3000) 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.
Structural alteration. (38.42.3010) Any change in the supporting members of a building, such as
bearing walls or partitions, columns, beams or girders, or any change in the exterior walls or the roof.
Subdivider. (38.42.3020) Any person, firm, corporation or other entity who causes land to be
subdivided or who proposes a subdivision of land.
Subdivision. (38.42.3030) 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 the parcels may be sold, or
otherwise transferred, and includes any resubdivision, or condominium. The term also means an area,
regardless of its size, that provides or will provide multiple spaces for rent or lease on which
recreational camping vehicles or mobile homes will be placed.
Subdivision or development construction yard. (38.42.3040) A temporary office and/or vehicular
and material storage yard.
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Substantial improvement. (38.42.3060)
A. 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:
1. Before the improvement or repair is started; or
2. 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 "substantial improvement" does not include:
a. 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 ensure safe living
conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or state
inventory of historic places.
Suitable fill. (38.42.3070) 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.
Surveyor (registered land surveyor). (38.42.3080) A person licensed in conformance with the
Montana Professional Engineers, Registration Act (MCA 37-67-101 through 37-67-332) to practice
surveying in the state.
Swap meet. (38.42.3090) 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.
Sec. 38.700.180. – T definitions.
Temporary use. (38.42.3100) A use established for a fixed period of time with the intent to
discontinue such use upon the expiration of the time period.
Transit stop. (38.42.3110) Improvements and facilities at selected points along transit routes for
passenger pickup, dropoff 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.
Townhouse. (38.42.3120) 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.
Townhouse cluster. (38.42.3130) 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.
Tract of record. (38.42.3140) 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 file in the
records of the county clerk and recorder's office.
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Transom window. (new) A window or series of windows placed above a beam separating a door
and/or storefront windows. Transom windows are often placed above a canopy or marquee to emit
extra daylight into a commercial space.
Trellis. (new) A frame supporting open latticework used as a screen or a support for growing vines or
plants.
Sec. 38.700.190. – U definitions.
Uniformity ratio. (38.42.3150) 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.
Use. (38.42.3160) The employment or occupation of a building, structure or land for a person's service,
benefit or enjoyment.
Usable lot area. (38.42.3170) The portion of an area of a lot exclusive of setbacks or other building
restrictions within which structures subject to setbacks may be placed.
Sec. 38.700.200. – V definitions.
Variance. (38.42.3180) A modification or variation of the provisions of this chapter as applied to a
specific piece of property.
Vertical building modulation. (new) A stepping back or projecting forward of vertical walls of a
building face, within specified intervals of building width and depth, as a means of breaking up the
apparent bulk of a structure’s continuous exterior walls. Vertical building modulation may be used to
meet façade articulation standards set forth in section 38.530.040.
Violation. (38.42.3190) The failure of a structure, subdivision, use of land or other development to be
fully compliant with this chapter.
Sec. 38.700.210. – W definitions.
Wall sign. (38.42.3200) 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 six inches beyond the wall.
Warehouse. (38.42.3210) A use engaged in storage, wholesale, and distribution of manufactured
products, supplies, equipment, excluding bulk storage of materials that are inflammable or explosive or
that present hazards or conditions commonly recognized as offensive.
Watercourse. (38.42.3220) 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 is that area lying between the two
outermost high-water marks, as defined in this chapter. The term "watercourse" does not 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.
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Way-finding signage. (38.42.3230) A set of coordinated signs which are intended to give directional
guidance to and within a defined district and to assist pedestrians or vehicles in finding areas of common
interest or convenience.
Wetland. (38.42.3240)
A. Those areas that are inundated or saturated by surface water 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, and meet the established criteria
briefly described below:
1. Vegetation. A prevalence of hydrophytic vegetation. Hydrophytic species, due to morphological,
physiological, and/or reproductive adaptation, have the ability to grow, effectively compete,
reproduce, and/or persist in anaerobic soil conditions.
2. Soils. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long
enough during the growing season to develop anaerobic conditions in the upper part.
3. Hydrology. The area is inundated either permanently or periodically, or the soil is saturated to
the surface at some time during the growing season of the prevalent vegetation at a duration
sufficient to induce anaerobic and reducing conditions.
Wholesale. (38.42.3250) The sale of goods and merchandise for resale instead of for direct
consumption.
Wildlife. (38.42.3260) Animals that are neither human, domesticated, nor feral descendants of
commonly domesticated animals.
Wildlife habitat. (38.42.3270) The place or type of habitat where wildlife naturally lives.
Window sign. (38.42.3280) Any sign painted, attached, glued or otherwise affixed to a window or
suspended within 18 inches behind a window for the purpose of being visible from the exterior of the
building.
Wireless facility. (38.42.3290) 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.
Wrecking yard. (38.42.3300) A place, lot or area where the primary function is that of dismantling,
storage, abandonment or sale of goods and materials as parts or scraps.
Sec. 38.700.220. – Y definitions.
Sec. 38.700.230. – Z definitions.
Zoning commission. (38.42.3320) The Bozeman Zoning Commission.
Zoning map. (38.42.3330) A map with all notations, dimensions, references and symbols shown
thereon depicting individual zoned districts in accordance with this chapter.
Projecting sign max. area 8' 8' 8' 8' 8'
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative proposal
meets the intent of the standards, plus the following criteria:
setback requirements and reduced sized lots. The reduction in lot size shall
be allowed to create an increase in maximum unit density beyond the
maximum currently allowed in a given zoning district.
X X X
Concurrent
infrastructure
Concurrent construction of infrastructure and housing development at the
installation of gravel-base roads, provided the developer has provided
assurance through a performance bond, letter of credit or other financial
X X
1. The lot area must provide all required setback areas and off-street parking and loading. Lot area per dwelling
must not be less than 5,000 square feet per detached single-household dwelling and 3,000 square feet per
attached dwelling. Lot area per each dwelling used to satisfy the requirements of division 38.380 must not be
less than 3,000 square feet per detached single-household dwelling and 2,500 square feet per attached dwelling.
2. No lot width must be less than 50 feet except lot width for townhomes and lots or dwellings satisfying the
requirements of division 38.380, which may not be less than 30 feet.
street
2011 2011 2011 - - -
Rear Setback 10 15 10 10 - -
Side Setback 59 59 510 5 - -
Garages and Special Parking Standards
Residential
garages
Note12 Note12 Note12 Note12 Note12 -
Special Parking
Standards
- - - Note13 Note6,13,14 Note6,13,14
Notes:
1. Supplemental townhouse/rowhouse cluster standards:
a. Portions of site development review applications within the REMU zone for attached multi-household
developments should be urban in character and may be designed such that each dwelling unit has a ground
level entry oriented to the public realm, and shares one or more walls with another dwelling unit.
P
12,000sf
- - - - -
Casinos - - - - - - - - C C -
P3
S
P3 P3 P3 P3 P3 P P P P -
Mortuary - S S S S - - - - - -
Offices*
P3
S
P3 P3 P3 P3 P3 P P5 P P -
Personal and
convenience
services*
P P P P P P A A A A -