HomeMy WebLinkAboutTitle 18
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Title 18
ZONING
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Chl,lpters:
18.02 General Provisions
18.04 Definitions
18.06 Zoning Districts and Zoning Map
18.08 Application of Regulations
18.12 R-S Residential-Suburban District
18.14 R-l Residential Single-Household, Low Density
District
18.16 R-2 Residential Single-Household, Medium Density
District
18.17 R-2a Residential Single-Household, Medium Density
District
18.18 R-3a Residential Two-Household, Medium Density
District
18.20 R-3 Residential Medium-Density District
18.24 R-4 Residential High-Density District
18.26 R-O Residential Office District
18.28 B-1 Neighborhood Service District
18.30 B-2 Community Business District
18.32 B-3 Central Business District
18.34 M-l Light Manufacturing District
18.36 M-2 Manufacturing and Industrial District
18.38 BP Business Park District
18.39 PLI Public Lands and Institutions District
18.40 Historic Mixed Use District
18.41 R-MH Single-Family Mobile Home District
18.42 Neighborhood Conservation Overlay District
18.43 Bozeman Entryway Corridor Overlay
District
18.44 Flood Hazard District
18.45 Casino Overlay District
18.48 Nonconforming Uses and Structures
18.49 Landscaping
18.50 General Building and Development Standards
18.51 Design Review Board (DRB), Administrative
Design Review (ADR) Staff and Development
Review Committee (DRC)
18.52 Plan Review and Approval
18.53 Conditional Use Procedure
18.54 Planned Unit Development
18.55 Zoning Text Amendment and Map Amendments
~
297
(Bozeman 11-01)
18.56
18.57
18.58
18.62
18.65
18.70
(Bozeman 11-0 I )
Variance and Administrative Interpretation Appeal Procedures
Telecomm unications
Plan Appeals Procedure
Administration, Permits and Fees
Bozeman Sign Code
Violation, Penalties and Separability
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298
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Chapter 18.02
GENERAL PROVISIONS
Sections:
18.02.010
18.02.020
Citation 'Of ordinance.
Interpretation as minimum
req uirements.
18.02.010 Citation of ordinance.
This title shall be known and cited as the zoning
ordinance ofthe city of Bozeman, except when cited
herein, where it shall be referred to as "this title."
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
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18.02.020 Interpretation as minimum
reqnirements.
A. In their interpretation and application, the
provisions of this title shall be held to be minimum
requirements adopted for the promotion of the health,
safety, and general welfare of the community.
Wherever the requirements of this title are at
variance with the requirements of any other lawfully
adopted rules or regulations, or wherever there is an
internal conflict within this title, the most restrictive
requirements, or that imposing the higher standards,
shall govern.
B. In the case of a difference of meaning or
implication between the text' of this title and the
captions or headings for each section, the text shall
control. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
Chapter 18.04
DEFINITIONS
Sections:
18.04.010
Definition of terms and
interpretation of language.
Access or access way.
Accessory building or use.
Administrative design review
(ADR) staff.
18.04.020
18.04.030
18.04.035
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18.04.050
18.04.060
18.04.090
18.04.100
18.04.105
18.04.110
18.04.120
18.04.130
18.04.140
18.04.150
18.04.160
18.04.170
18.04.180
18.04.190
18.04.210
18.04.220
18.04.230
18.04.240
18.04.250
18.04.260
18.04.270
18.04.280
18.04.290
18.04.300
18.04.310
18.04.320
18.04.330
18.04.340
18.04.350
18.04.360
18.04.370
18.04.380
18.04.390
18.04.400
18.04.410
18.04.420
18.04.430
18.04.440
18.04.450
18.04.460
18.04.465
18.04.470
18.04.480
18.04.490
299
18.02.010-18.02.020
Adult business.
Agricultural activity.
Alley.
Animal hospital.
Antenna.
Apartment.
Apartment building.
Automobile reduction yard.
Auto salvage yard.
Automobile service station.
Automobile washing
establishment.
Bar (tavern, cocktail lounge).
Basement.
Bed and breakfast home.
Boardinghouse.
Building.
Building area.
Building envelope.
Building, front line of.
Building, height of.
Building line, required front.
Building line, required rear.
Building line, required side.
Building, principal.
Building, public.
Business.
Campground.
Carport.
Casino.
Cemetery.
Child.
Church.
City.
Club, private (nonprofit).
Commission, city.
Community residential facility.
Conditional use permit.
Condominium.
Convenience food restaurant.
Convenience use.
Cooperative household.
Day care center.
Day care home, family.
Day care home, group.
(Bozeman 11-0 I )
18.04.500 Density, gross. 18.04.890 Loading and unloading bays. -
18.04.510 Density, net residential. 18.04.900 Lodging house.
18.04.515 Design review. 18.04.910 Lot.
18.04.520 Design review board. 18.04.920 Lot area.
18.04.530 Develop~ent. 18.04.930 Lot, corner.
18.04.540 Development review committee. 18.04.940 Lot, interior.
18.04.550 Deviation. 18.04.950 Lot, through.
18.04.560 Drive access. 18.04.960 Lot coverage.
18.04.570 Drive-in business. 18.04.970 Lot depth.
18.04.580 Duplex. 18.04.980 Lot line, front.
18.04.590 Dwelling. 18.04.990 Lot line, rear.
18.04.600 Dwelling, single-household. 18.04.1000 Lot line, side.
18.04.610 Dwelling, two-household. 18.04.1010 Lot line, zero.
18.04.620 Dwelling, multiple 18.04.1020 Lot width.
(multi-household). 18.04.1030 Manufactured home.
18.04.630 Dwelling unit. 18.04.1040 Manufacturing.
18.04.640 Essential services (Type I). 18.04.1050 Manufacturing, light.
18.04.650 Essential services (Type ll). 18.04.1060 Master plan.
18.04.653 Extended stay lodgings. 18.04.1070 Medical offices, clinics and
18.04.655 FAA. centers.
18.04.660 Family. 18.04.1080 Mining.
18.04.665 FCC. 18.04.1090 Mobile home.
18.04.670 Fence. 18.04.1100 Mobile home park. e
18.04.690 Floodplain. 18.04.1110 Mobile home space.
18.04.700 Floor area, gross. 18.04.1120 Mobile home stand.
18.04.710 Floor area, net. 18.04.1130 Mobile office.
18.04.720 Floor area ratio (FAR). 18.04.1140 Model home.
18.04.730 Garage, private. 18.04.1150 Modular or sectional home.
18.04.740 Garage, public. 18.04.1160 New construction.
18.04.750 Grade. 18.04.1170 Noxious matter or material.
18.04.760 Greenhouse. 18.04.1175 Nonbroadcast telecommunication
18.04.770 Greenhouse, commercial. facility.
18.04.780 Ground floor area. 18.04.1180 Nonconforming use.
18.04.800 Guest house. 18.04.1190 Nursing home.
18.04.810 Health and exercise 18.04.1200 Nursery, plant.
establishments. 18.04.1210 Offices.
18.04.820 Home occupation or profession. 18.04.1220 Open sales (or rental) lot.
18.04.830 Hospital. 18.04.1230 Open space, useable.
18.04.840 Hotel or motel. 18.04.1240 Overlay zone.
18.04.845 Household. 18.04.1250 Parking area.
18.04.850 Incidental. 18.04.1260 Parking space, off-street.
18.04.860 Industry, heavy. 18.04.1270 Party wall.
18.04.870 Industry, light. 18.04.1280 Paved parking space or surface.
18.04.880 Junkyard. 18.04.1290 Personal and convenience
18.04.885 Large scale broadcast facility. services. e
(Bozeman 11-0 I) 300
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18.04.1300
18.04.1310
18.04.1320
18.04.1330
18.04.1340
18.04.1350
18.04.1360
18.04.1370
18.04.1380
18.04.1390
18.04.1400
18.04.1410
18.04.1420
18.04.1430
18.04.1440
18.04.1450
18.04.1460
18.04.1465
18.04.1470
18.04.1475
18.04.1480
18.14.1485
18.04.1490
18.04.1500
18.04.1510
18.04.1520
18.04.1530
18.04.1540
18.04.1550
18.04.1560
18.04.1570
18.04.1580
18.04.1590
18.04.1600
18.04.1605
18.04.1610
18.04.1620
18.04.1630
18.04.1640
18.04.1650
18.04.1660
18.04.1670
18.04.1680
18.04.1690
18.04.1700
18.04.1710
Persons.
Planning director.
Property, personal.
Property, real.
Recreational vehicle.
Recreational vehicle park.
Research laboratory.
Restaurant.
Retail.
Right-of-way.
School.
Screening.
Setback line.
Sewer, public.
Sewer system, community.
Sign.
Site plan.
Small scale broadcast facility.
Spa.
Stable, commercial.
Stable, private.
Stealth or camouflaged.
Street.
Street, arterial.
Street, collector.
Street, local.
Street frontage.
Street, public.
Structure.
Structnre, nonconforming.
Structural alteration.
Subdivision or development
construction yard.
Swap meet.
Swimming pools.
Tower.
Townhouse.
Townhouse cluster.
Truck service station.
Truck stop.
Truck washing establishment.
Unit, efficiency.
Use.
Use, accessory.
Use, conditional.
Use, nonconforming.
Use, permitted.
18.04.1720
18.04.1730
18.04.1740
18.04.1750
18.04.1760
18.04.1770
18.04.1780
18.04.1790
18.04.1800
18.04.1810
18.04.1820
18.04.1830
18.04.1840
18.04.1850
18.04.1860
18.04.1870
18.04.1875
18.04.1880
18.04.010
Use, principal.
Use, temporary.
Variance.
Variance, dimensional.
Veterinary clinic.
Warehouse.
Warehouse, residential storage
(mini-warehouse).
Watercourse.
Wholesale establishment.
Wrecking yard.
Yard.
Yard, corner side.
Yard, front.
Yard, rear.
Yard, required.
Yard, side.
Zoning commission.
Zoning map.
18.04.010 Definition of terms and
interpretation of language.
A. All words in this title shall be first defined as
provided in this chapter and, if not defined herein,
shall be defined as in the latest edition of The Illus-
trated Book of Development Definitions by Harvey
S. Moskowitz and Carl G. Lindbloom, and if not
defined in The Illustrated Book of Development
Definitions, shall have their customary dictionary
definitions. For the purposes of this title certain
words and terms used herein are defined as follows:
B. Words used in the present tense include the
future tense; words used in the singular include the
plural, and words used in the plural include the
singular; the word "shall" is always mandatory, the
word "person" includes a firm, association,
organization, partnership, trust, corporation or com-
pany, as well as an individual; the word "lot" in-
cludes the words "plot" or "parcel;" the word
"building" includes the word "structure;" the words
"used" or "occupied," as applied to any land or
building, shall be construed to include the words
"intended, arranged, or designed to be used or occu-
pied;" the words "map" or "zoning map" mean the
zoning map(s) of the zoning jurisdiction of the
301
(Bozeman 11-0 I)
18.04.020--18.04.105
city that delineate the area to be governed by these
regulations. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.020 Access or access way.
"Access or access way" means the place, means or
way by which pedestrians and vehicles shall have
adequate and useable ingress and egress to property
or use as required by this title. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.04.030 Accessory building or use.
"Accessory building or use" means a subordinate
building, or portion of the principal building, located
on the same lot as the principal building, or a subor-
dinate use of land, either of which is customarily
incidental to the principal building or to the principal
use of land. Where part of an accessory building is
connected to part of the principal building by a
common wall, such accessory building shall be
counted as part of the principal building. Individual
public utility installation aboveground are considered
accessory buildings. (Ord. 1531 ~ 1,200 I: Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.040 Administrative design review
(ADR) staff.
"Administrative design review (ADR) staff'
means certain members of the planning staff charged
with the design review, as defined in this chapter, of
certain plans and proposals as specified in this title.
The organization, composition and procedures of the
administrative design review staff are subject to the
requirements of Chapter 18.51. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.04.050 Adult business.
"Adult business" means an establishment which
advertises, trades, exchanges, transfers, sells, pres-
ents, shows, offers or exhibits materials, activities,
reproductions, likenesses, services and/or objects
defined as obscene by Section 45-8-201(2), MeA.
(B02eman 11.0 I)
Adult business as defined in this section shall in-
clude, but need not be limited to, adult bookstores,
adult motion picture theaters, rap studios, massage
parlors, exotic dance studios, nude art studios, nude
photographic studios and nude body painting studios.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000; Ord.
1513 9 1 (Exh. A)(part), 2000)
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18.04.060 Agricultural activity.
"Agricultural activity" means the cultivation of the
soil or the raising of livestock and all activities
incidental thereto. The terms "farming" and "ranch-
ing" shall be interchangeable for purposes of this
title. The term "agricultural activity" shall not in-
clude the raising of produce primarily intended for
on-premises consumption. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.090 Alley.
"Alley" means a permanent public thoroughfare
providing a secondary means of access to abutting
lands. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.04.100 Animal hospital.
"Animal hospital" means a place where animals or
pets are given medical or surgical treatment and are
cared for during the time of such treatment. Outside
pens, kennels or runs are not permitted as part of an
animal hospital operation. The short-term interior
boarding is permitted. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.04.105 Antenna.
"Antenna" means one or more rods, panels, discs
or similar devices used for the transmission or
reception of radio frequency signals, which may
include omni-directional antenna (rod), directional
antenna (panel) and parabolic antenna (disc). (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
9 1 (Exh. A) (part), 2000)
302
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18.04.110 Apartment.
"Apartment" means a room or suite of two or
more rooms located in an apartment building or in
nonresidential districts as specified in this title.
Efficiency units shall qual,ify as an apartment under
this definition. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.120 Apartment building.
"Apartment building" means a building other than
a hotel or motel containing five or more dwelling
units. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.04.130 Automobile reduction yard.
"Automobile reduction yard" means any area of
land where two or more motor vehicles not in run-
ning 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, disman-
tling, storage or abandonment of motor vehicles or
parts thereof. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.140 Auto salvage yard.
"Auto salvage yard" means a junkyard primarily
containing inoperable vehicles.(See definition of
junkyard, Section 18.04.880.)(Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.150 Automobile service station.
"Automobile service station" means an establish-
ment with the primary business function of the retail
sale of gasoline for passenger car use with or without
minor service and repair work incidental to the
operation of passenger automobiles. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.04.160 Automobile washing establishment.
"Automobile washing establishment" means a
building which has its primary purpose as washing
automobiles. Such facilities shall be considered
18.04.110-18.04.220
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. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 S I
(Exh. A) (part), 2000)
18.04.170 Bar (tavern, cocktail lounge).
"Bar (tavern, cocktail lounge)" means an estab-
lishment where alcoholic beverages are served on
premises and where the total sales of alcohol exceeds
the total sales of food. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.04.180 Basement.
"Basement" means 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. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.190 Bed and breakfast home.
"Bed and breakfast home" means 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. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 S I (Exh. A) (part), 2000)
18.04.210 Boardinghouse.
See lodginghouse, Section 18.04.900 (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.04.220 Building.
"Building" means any structure having enclosed
space and a roof for the housing and/or enclosure of
persons, animals or chattels, except mobile homes,
recreational vehicles and mobile offices. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
303
(Bozeman 11-01)
18.04.230-18.04.310
18.04.230 Building area.
"Building area" means the maximum horizontal
projected area of the principal and accessory build-
ing, excluding open steps, terraces, and architectural
appurtenances proje~ting not mor~ than two feet.
Building area, as that portion of a lot upon which
construction is permitted, is as follows: That area of a
lot that lies within the boundaries of the front, side
and rear yard setback requirements measured from
the actual lot line. (Ord. 1516 (part), 2000: Ord.1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.240 Building envelope.
"Building envelope" means that area of a lot lying
between the front, rear, and side yard setback lines
and between ground level and the maximum
allowable building height, amounting to the three-
dimensional area available for potential building
construction. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.250 Building, front line of.
"Front line of building" means the line of the face
of a building nearest the front lot line. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.04.260 Building, height of.
"Height of building" means the vertical distance
measured from grade as defined in this section to the
highest point on the roof or parapet wall. Where a
building utilizes multiple roof styles or pitches, the
highest point of each type of roof or parapet wall
shall be in conformance with applicable height
regulations as established for the respective roof
pitches in each zoning district. Where the vertical
difference between grade as defined in this section is
greater than two feet between opposite elevations of
the building, the 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.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
(Bozeman 11.0 I )
18.04.270 Building line, required front.
"Required front building line" means the line
nearest to the front and across a lot establishing the
minimum open space to be provided between the
front line of a building and the front lot line. See also
definition ofsetback line, Section 18.04.1420. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.04.280 Building line, required rear.
"Required rear building line" means the line near-
est to the rear and across a lot establishing the mini-
mum open space to be provided between the rear line
of a building and the rear lot line. See also definition
of setback line, Section 18.04.1420. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.290 Building line, required side.
"Required side building line" means the line
nearest to the side and extending between the re-
quired 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 definition of setback line,
Section 18.04.1420. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
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18.04.300 Building, principal.
"Principal building" means a building in which is
conducted the main, or principal, use of the lot on
which the building is situated. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.04.310 Building, public.
"Public building" means a building, supported by
government funds, to be used in an official capacity
on behalf of the entire community. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
304
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18.04.320 Business.
"Business" means the engaging in ofthe purchase,
sale, barter or exchange of goods, wares, merchan-
dise or service; the maintenance or operation of
offices or recreational or amusement enterprises.
(Ord. 1516 (part), 2000: O~d. 1514 (part), 2000: Ord.
1513 9 1 (Exh. A )(part), 2000)
18.04.330 Campground.
"Campground" means any area of land used to
temporarily accommodate two or more camping
parties, including cabins, tents, recreational vehicles
or other camping outfits. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 9 1 (Exh. A)
(part), 2000)
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18.04.340 Carport.
"Carport" means a structure, open on at least two
sides, consisting of a roof and either walls or col-
umns for the purpose of housing automotive vehicles
and other chattels. The structure shall be considered
as an accessory building when detached from the
principal building and as a part of the principal
building when attached to the principal building
along one or more sides of the carport or principal
building. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.350
Casino.
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A. "Casino" means an establishment whose
primary use or activity is gambling, either in the form
of gambling machines (video poker, keno, etc.), card
games, or other licensed gambling activity. A casino
will normally have beverage and restaurant facilities
as ancillary uses. In all instances, an establishment
will be considered a casino for the purpose of these
regulations if any of the following characteristics
apply:
1. The establishment is referenced as a casino by
signage or by name;
2. More than one card table is on the premises;
3. Fifteen or more gambling machines are on the
premIses.
B. An applicant for a casino establishment must
obtain a Montana state license to sell alcoholic
18.04.320-18.04.410
beverages for consumption on the premises. (Ord.
1531 ~ 2, 2001: Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 9 1 (Exh. A) (part), 2000)
18.04.360 Cemetery.
"Cemetery" means land used for the burial of the
dead and dedicated for cemetery purposes, including
crematories, mausoleums and mortuaries when oper-
ated in conjunction with and within the boundary of
such cemetery. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 9 1 (Exh. A) (part), 2000)
18.04.370 Child.
"Child" means a person under twelve years of age.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A) (part), 2000)
18.04.380 Church.
"Church" means a building, together with its
accessory buildings and uses, where persons regular-
ly assemble for religious worship, and which build-
ing, together with its accessory buildings and uses, is
maintained and controlled by a religious body
organized to sustain public worship. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 9 I
(Exh. A) (part), 2000)
18.04.390 City.
"City" means the city of Bozeman. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 9 1
(Exh. J\)(part), 2000)
18.04.400 Club, private (nonprofit).
"Private (nonprofit) club" means 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 pre-
mises being restricted to members and their guests.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.04.410 Commission, city.
"City commission" means the governing body of
the city. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
305
(Bozeman 11-01)
18.04.420--18.04.465
18.04.420 Community residential facility.
"Community residential facility" means a single
residential structure having common kitchen facilities
including:
I. Those occupied by persons having
developmental disability and living together for the
purpose of residential training, observation and/or
common support, in which care is provided on a
twenty-four-hour per day basis;
2. A community grolip home for develop-
mentally, mentally, or severely disabled persons
which does not provide skilled or intermediate nur-
sing care;
3. A youth foster home or youth group home as
defmed in Section 41-3-1102, MCA;
4. A halfway house operated in accordance with
regulations of the department of public health and
human services for the rehabilitation of alcoholics or
drug dependent persons; or
5. A licensed adult foster family care home.
Where a limitation of eight or fewer persons is
imposed for the purpose of defining the necessary
review process to establish this use, the operator of a
residential facility, members of the operator's
household or persons employed as staff, shall not be
counted as residents, except that the total number of
all persons living at the facility shall not exceed ten.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.04.430 Conditional use permit.
"Conditional use permit" means legal authoriza-
tion to construct, develop or operate a conditional use
as defined by this title. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.440 Condominium.
"Condominium" means a building or group of
buildings in which units are owned individually and
the structure, common areas and facilities are owned
by all owners on a proportional, undivided basis.
Condominiums may be residential, commercial or
industrial in nature. (Ord. 1516 (part), 2000: Ord.
(Bozeman 11-01)
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.04.450 Convenience food restaurant.
"Convenience food restaurant" means an estab-
lishment whose principal business is the sale of
foods, frozen desserts, or nonalcoholic beverages to
the consumer in a ready-to-eat state for consumption
either within the premises or for carry-out with
consumption either on or off the premises and whose
design or principal method of operation includes both
of the following characteristics:
A. Foods, frozen desserts, or nonalcoholic bever-
ages are usually served in edible containers or in
paper, plastic or other disposable containers;
B. The customer is not served food at hislher
table by an employee but receives it at a counter,
window or similar facility for carrying to another
location for consumption either on or off the pre-
mises. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.460 Convenience use.
"Convenience use" means retail commercial uses
which have relatively high traffic generation rates per
one thousand square feet compared to other
commercial uses. A use is designated as a conven-
ience use if the method of operation includes one or
more of the following characteristics:
A. Retail motor fuel is sold;
B. The primary business is the sale of food or
drink for consumption, either on or off premises,
over a counter, or from an outdoor service window or
automobile service window. Of the food or drink
sold, at least twenty percent is in disposable or carry-
out containers;
C. Drive-in and drive-through restaurants. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
9 1 (Exh. A) (part), 2000)
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18.04.465 Cooperative household.
"Cooperative household" means five or more
persons who are granted a conditional use permit as a
cooperative household pursuant to the terms of
306
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Chapter 18.53 of this title. A cooperative household
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;
7. The relationship must be ofa permanent and
distinct character with a demonstrable and
recognizable bond characteristic of a cohesive unit.
Cooperative housing does not mean any society,
club, fraternity, sorority, association, lodge,
organization or group of students or other individuals
with a common living arrangement or whose basis
for the establishment of the housekeeping unit is
temporary. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 S 1 (Exh. A) (part), 2000)
18.04.470 Day care center.
"Day care center" means a place in which supple-
mental care is provided to thirteen or more non-
resident persons on a regular basis and which is
licensed by the state of Montana. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.04.480 Day care home, family.
"Family day care home" means a private residence
in which supplemental care is provided to three to
six nonresident persons from separate families on a
regular basis and which is registered by the state of
Montana. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.490 Day care home, group.
"Group day care home" means a private residence
in which supplemental care is provided to seven to
twelve nonresident persons on a regular basis and
18.04.4 70----18.04.515
which is registered by the state of Montana. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
S 1 (Exh. A) (part), 2000)
18.04.500 Density, gross.
"Gross density" means the number of residential
dwelling units per unit of land. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 S 1 (Exh. A)
(part), 2000)
18.04.510 Density, net residential.
"Net residential density" means the number of
residential dwelling units per unit ofland, excluding
any land used or to be used as arterial streets rights-
of-way or private nonresidential uses. For calculating
net residential density, the following fonnula shall
apply:
D= du
A-(c+i+s+a)
Where
Residential density
Total number of dwelling
units in project
Total site area (acres)
Total commercial land area
(acres)
Total industrial land area
(acres)
Reserved but undedicated
school or park sites (acres)
Street, public or private,
rights-of-way and easements
(acres)
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A)(part), 2000)
D=
du=
A=
c=
1=
s=
a=
18.04.515 Design review.
"Design review" means the aesthetic evaluation of
certain development proposals, including those
located in the neighborhood conservation overlay
district, entryway overlay district, and aU planned
unit developments, relative to architectural, site,
landscape, environmental, urban, and other design
matters as specified in this title. (Ord. 1516 (part),
307
(Bozeman 11.0 I)
18.04.520--18.04.590
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.520 Design review board.
"Design review board" means that board appoint-
ed by the city commission, charg~d with the design
review, as defined in this chapter, of certain plans
and proposals as specified in this title. The organiza-
tion, composition and procedures of the design
review board are subject to the requirements of
Chapter 18.51. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.530 Development.
"Development" means any man made change to
improve or alter real estate, including but not limited
to, buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.540 Development review committee.
A. "Development review committee" means that
committee charged with the expressed intent of
reviewing all plans and proposals.
B. The committee shall at a minimum be com-
posed of the following personnel: director of public
service or designee, fire marshal or designee, the
superintendent of streets/sanitation or designee, the
superintendent of water/sewer or designee, the direc-
tor of the office of planning and community
development or designee, and the building official or
designee. When necessary, other members of the
committee may include: the police chief or designee,
the superintendent of parks/cemetery or designee, the
recreation superintendent or designee, the city
manager or designee, with other individuals to be
included as necessary at the planning director's
request.
C. When applicable, the committee may solicit
the input of noncity agencies and persons including,
but not limited to, the county subdivision review
officer or designee, the county sanitarian or designee,
the county road superintendent or designee, with
other individuals to be included as necessary. (Ord.
(Bozeman 11-01) 308
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.04.550 Deviation.
"Deviation" means a modification of physical
standards ofthis title as applied to a specific piece of
property located within the neighborhood conserva-
tion overlay district or entryway corridor overlay
district. A deviation may be permitted only by the
city commission. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.560 Drive access.
"Drive access" means that area between the curb
of a street, or edge of the traveled portion of a street
when no curb exists, and the right-of-way/property
line over which the city will permit vehicular travel
from the traveled portion of a street to an individual
property, or off-street parking space(s). (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.04.570 Drive-in business.
"Drive-in business" means 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, the following: 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. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.04.580 Duplex.
See definition of dwelling, two-household, Section
18.04.610. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.590 Dwelling.
"Dwelling" means a building, or portion thereof,
capable of meeting the requirements of the city's
adopted Uniform Building Code, used primarily for
residential occupancy, including single-household,
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two-household, multiple-household dwellings and
group homes, but not including hotels, motels,
extended stay lodgings, or tourist homes. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 S 1
(Exh. A) (part), 2000)
18.04.600 Dwelling, single-household.
"Single-household dwelling" means a building
used for residential occupancy by one household.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.04.610 Dwelling, two-household.
"Two-household dwelling" means a building, or
portion thereof, used for occupancy by two
households living independently of each other with
the units completely separated by a common wall,
floor and/or ceiling. Also referred to as "duplex."
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 S 1 (Exh. A) (part), 2000)
18.04.620 Dwelling, multiple (multi-house-
hold).
"Multiple (multi-household) dwelling" means a
building, or portion thereof, used for occupancy by
three or four households living independently of each
other, with the units completely separated by a
common wall, floor and/or ceiling. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.A)
(part), 2000)
18.04.630 Dwelling unit.
"Dwelling unit" means a dwelling, or portion of a
dwelling, used by one household for residential
purposes. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 S 1 (Exh. A) (part), 2000)
18.04.640 Essential services (Type I).
"Essential services (Type I)" means water pump-
ing stations; stormwater drainage facilities (including
collection lines, retention/detention ponds and drain-
age ways); sanitary sewer and storm sewer lift sta-
tions; public domestic water storage facilities; water
fill stations for fire fighting equipment; local service
telephone lines and cables; local service electrical
18.04.600-18.04.660
distribution lines and cables; local service cable
television lines; local service electronic data
transmission lines and cables; water and sanitary
sewer distribution and collection lines; public and
amateur radio antennae and towers. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 S I
(Exh. A) (part), 2000)
18.04.650 Essential services (Type II).
"Essential services (Type II)" means transport gas,
oil and coal pipelines (interstate and intrastate);
electric substations; electrical transmission lines
(interstate and intrastate); public supply facilities
(electric and gas); public treatment facilities (water,
sanitary sewer and storm sewer); telephone satellite
community dial offices; telephone exchanges and
repeater stations; except those facilities which may
be considered large scale broadcast facilities and
small scale broadcast facilities; other accessory
facilities, equipment and structures; police and fire
stations. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 S 1 (Exh. A) (part), 2000)
18.40.653 Extended stay lodgings.
"Extended stay lodgings" means guest rooms
intended or designed to be used, or which are used,
rented, or hired out to be occupied, or which are
occupied for sleeping purposes for guests and contain
kitchen facilities for food preparation including but
not limited to such facilities as refrigerators, stoves,
and ovens. Generally an individual guest will not
exceed thirty days stay. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000
18.04.655 FAA.
,
"FAA" means the Federal Aviation
Administration. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.660 Family.
See Section 18.04.845, Household.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
309
(Bozeman 11-01)
18.04.665-18.04.760
18.04.665 FCC.
"FCC" means the Federal Communications
Commission. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.670 Fence.
"Fence" means a barrier constructed of materials
erected for the purpose of protection, confinement,
enclosure or privacy. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.690 Floodplain.
All floodplain-related definitions can be found in
Chapter 18.44, flood hazard district, of this title.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.04.700 Floor area, gross.
"Gross floor area" means the sum of the gross
horizontal areas of the several floors of a building
measured from the exterior face of exterior walls, or
from the centerline of a wall separating two build-
ings, but not including interior parking spaces, load-
ing space for motor vehicles, or any space where the
floor-to-ceiling height is less than six feet. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
S 1 (Exh. A) (part), 2000)
18.04.710 Floor area, net.
"Net floor area" means the total of all floor areas
of a building, excluding stairwells and elevator
shafts, equipment rooms, interior vehicular parking
or loading; and all floors below the first or ground
floor, except when used or intended to be used for
human habitation or service to the public. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 S 1
(Exh. A) (part), 2000)
18.04.720 Floor area ratio (FAR).
"Floor area ratio (FAR)" means the gross floor
area expressed in square feet divided by the total
amount ofland ofthe site or parcel, also expressed in
square feet, where the floor area is located. (Ord.
(Bozeman II ~o I ) 3 1 0
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.04.730 Garage, private.
"Private garage" means 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. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.04.740 Garage, public.
"Public garage" means any building or premises,
except those defmed herrin as a private garage, used
for the storage or care 0f motor vehicles; or where
such vehicles are equipped for operation, repaired, or
kept for rental, hire or sale. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.750 Grade.
"Grade" means 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 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 shall be the
elevation of the sidewalk, alley or public way. "Fin-
ished surface of the ground" shall not include win-
dow wells, stairwells, or other similar features, but
shall include features such as usable patio areas.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.04.760 Greenhouse.
"Greenhouse" means a building or structure con-
structed chiefly of glass, glass-like translucent mate-
rial, cloth, lath or similar materials which is devoted
to the protection or cultivation of flowers or other
plants. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.04.770 Greenhouse, commercial.
See definition of nursery, plant, Section
18.04.1200. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A)(part), 2000)
18.04.780 Ground Door area.
"Ground floor area" means the square foot area of
a building within its largest outside dimension com-
puted on a horizontal plane at the ground floor level,
exclusive of openporchesl breezeways, terraces,
garages, exterior staitways and secondary stairways.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A)(part), 2000)
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18.04.800 Guest house.
"Guest house" means an attached or detached
accessory building within 100 feet of the principal
building and less than 600 square feet in floor area
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
shall be considered a dwelling unit. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.810 Health and exercise establishments.
"Health and exercise establishments" means an
establishment designed and equipped for the conduct
of sports, exercise activities, and other customary and
usual recreational activities, including tennis, rac-
quetball, handball and squash courts, weight and
aerobic exercise rooms, running facilities, swimming
pools, and whirlpool and sauna facilities. Permitted
accessory uses shall include child care, sun tanning
booths, massage, health and nutrition counseling
services, retail sales of sporting goods, and restaurant
services. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ I (Exh. A)(part), 2000)
18.04.820 Home occupation or profession.
"Home occupation or profession" means any use
which is incidental and secondary to the use of the
dwelling, and its associated land, for residential
purposes and which meets the requirements of this
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18.04.770-18.04.845
title. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.830 Hospital.
"Hospital" means an institution for the diagnosis,
treatment, or other cure of human ailments and
includes sanitarium or clinic, provided such institu-
tion is operated by, or treatment is given, under direct
supervision of a physician licensed to practice by the
state of Montana. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.840 Hotel or motel.
"Hotel or motel" means a building or a group of
buildings, in which lodging is provided and offered
to transient guests for compensation; shall not in-
clude a boarding house, extended stay lodgings,
lodging house or rooming house. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.845 Household.
"Household" means a person living alone, or any
of the following groups living together as a single
nonprofit housekeeping unit and sharing common
living, sleeping, cooking and eating facilities:
A. Any number of people related by blood,
marriage, adoption, guardianship or other duly-
authorized custodial relationship;
B. Not more than four unrelated people,
including persons enrolled in an institution of higher
learning;
C. Two unrelated people and any children related
to either of them;
D. Not more than four people who are:
1. Residents of a "Community Residential
Facility" as defined in Section 76-2.411, MeA et seq
and this ordinance; or
2. "Handicapped" as defined in the Fair Housing
Act, 42 V.S.C. Section 3602 (h). This definition
does not include those persons currently illegally
using or addicted to a "controlled substance" as
defined in the Controlled Substances Act, 21 U.S.C.
Section 802 (6).
311
(Bozeman 11-01)
18.04.850--18.04.910
"Household" does not include:
I. Any society, club, fraternity, sorority,
association, lodge, combine, federation, coterie,
cooperative housing, or like organization;
2. Any group of individuals whose association is
temporary or seasonal in nature; .
3. Any group of individuals who are in a group
living arrangement as a result of criminal offenses.
(Ord. 1531 ~ 3, 2001: Ord. 1516 (part), 2000): Ord.
1514 (part), 2000)
18.04.850 Incidental.
"Incidental" means any action or use of less
importance, or secondary to, any other action or use.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A)(part), 2000)
18.04.860 Industry, heavy.
"Heavy industry" means those industries whose
processing of products results in the emission of any
atmospheric pollutant, light flashes, or glare, odor,
noise or vibration which may be heard and/or felt off
the premises and those industries which constitute a
fire or explosion hazard. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.870 Industry, light.
"Light industry" means those industries whose
processing of products results in none of the condi-
tions described for heavy industry. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 * 1 (Exh. A)
(part), 2000)
18.04.880 Junkyard.
"Junkyard" means any place at which personal
property is or may be salvaged for reuse, resale, or
reduction or similar disposition and is owned, pos-
sessed, collected, accumulated, dismantled or sorted,
including but not limited to: use of salvaged base
metal or metals, their compounds or combinations;
used or salvaged rope, bags, rags, glass, rubber,
lumber, millwork, brick, automobiles and similar
property which are used, owned or possessed for the
purpose of wrecking or salvaging parts therefrom.
(Bouman 11-01) 312
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
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18.04.885 Large scale broadcast facility.
"Large scale broadcast facility" means a facility,
twenty feet or greater in height from the base to the
highest point including attachments, designed and
constructed specifically to support one or more
antennae and may include a monopole, self
supporting (lattice) tower, guy-wire supported tower,
and other similar structures and/or a facility
broadcasting in the electromagnetic spectrum with
one thousand watts or greater effective radiated
power. When calculating the height of a facility,
other structures designed for other uses such as office
buildings or water towers shall not be included in the
calculation. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.890 Loading and unloading bays.
"Loading and unloading bays" means the off-street
area required for the receipt of or distribution, by
vehicles, of material or merchandise. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
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18.04.900 Lodging house.
"Lodging house" means a building with more than
two but not more than ten guest rooms where lodging
with or without meals is provided for compensation.
Also referred to as a boarding house. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.04.910 Lot.
"Lot" means a piece, parcel, plot, tract or area of
land occupied or capable of being occupied by one or
more principal buildings, and the accessory buildings
or uses customarily incidental to them, aDd including
the open spaces required under this title, and having
its principal lot frontage on a street. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.04.920 Lot area.
"Lot area" means the total horizontal area within
the boundary lines of a lot. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.930 Lot, corner.
A lot at a junction of and fronting on two or more
intersecting streets. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 S 1 (Exh. A) (part),
2000)
18.04.940 Lot, interior.
A lot other than a corner or through lot. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.04.950 Lot. through.
A lot having frontage on two parallel or approxip
mately parallel streets. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 S 1 (Exh. A) (part),
2000)
18.04.960 Lot coverage.
The percentage of the lot area covered by build-
ings. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.970 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. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.04.980 Lot line, front.
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 through lot, a line
separating the lot from the street from which a drive
access may be permitted by the city. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.920--18.04.1060
18.04.990 Lot line. rear.
A lot line which is opposite and most distant from
the front lot line and, in the case of an irregular or
triangular shaped lot, a line ten feet in length within
the lot, parallel to and at the maximum distance from
the front lot line. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1000 Lot line, side.
Any lot boundary line not a front lot line or a rear
lot line. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 S I (Exh. A) (part), 2000)
18.04.1010 Lot line, zero.
A concept utilized to permit a wall of a building to
be located on a property line. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1020 Lot width.
The distance as measured in a straight line, be-
tween side lot lines at the points of intersection with
the required front building line. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1030 Manufactured home.
See definition of mobile home, Section
18.04.1090. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 S 1 (Exh. A) (part), 2000)
18.04.1040 Manufacturing.
The creation of products either with machinery or
by hand according to an organized plan and with the
division oflabor. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 S 1 (Exh. A) (part), 2000)
18.04.1050 Manufacturing, light.
Fabrication of and/or assembly of goods from
previously prepared materials. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.04.1060 Master plan.
"Master plan" means the 1990 Bozeman master
plan update with all subsequent amendments or the
313
(Bozeman 11-0 I )
18.04.1070-18.04.1150
most recent document adopted by the city of
Bozeman which complies with the requirements of
Section 76-1-601, MCA et seq. The approval of an
amendment to a previously approved growth policy
does not invalidate those sections not amended. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
S 1 (Exh. A) (part), 2000)
18.04.1070 Medical offices, clinics
and centers.
An establishment where patients are admitted for
special study and treatment by licensed health care
professionals. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.1080 Mining.
The extraction of sand, gravel, or other material
from the land in the amount of four hundred cubic
yards or more and the removal thereof from the site
without processing. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.1090 Mobile home.
"Mobile home" means a factory-assembled struc-
ture or structures, exceeding eight feet in width,
originally equipped with the necessary service con-
nections and originally made so as to be readily
movable as a unit or units on its (their) own running
gear and designed to be used as a dwelling unites)
without a permanent foundation, whether or not the
running gear has been removed. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 15 13 ~ 1 (Exh. A)
(part), 2000)
18.04.1100 Mobile home park.
"Mobile home park" means any plot of ground
upon which two or more mobile homes, occupied or
intended to be occupied for dwelling or sleeping
purposes, are located. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.1110 Mobile home space.
"Mobile home space" means a plot of ground
(Bozeman 11-01)
within a mobile home park designed for the accom-
modation of one mobile home. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 S I (Exh. A)
(part), 2000)
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18.04.1120 Mobile home stand.
"Mobile home stand" means that portion of an
individual mobile home space which has been re-
served for the placement of a mobile home and
structures or additions appurtenant to the mobile
home. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.1130 Mobile office.
"Mobile office" means a factory-assembled struc-
ture or structures exceeding eight feet in width,
originally equipped with the necessary service con-
nections, and originally made so as to be readily
movable as a unit or units on its (their) own running
gear and designed to be used as an office without a
permanent foundation, in compliance with all
applicable state regulations, whether or not the
running gear has been removed. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
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18.04.1140 Model home.
"Model home" means a home constructed to
display a builder's for sale or lease units but which
does not serve as a dwelling unit until sold as a
residence. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1150 Modular or sectional home.
"Modular or sectional home" means a dwelling
unit mass produced in a factory, designed and con-
structed for transportation to a site for occupancy
when connected to the required utilities and when
permanently anchored to a permanent foundation,
and whether intended for use as an independent,
individual unit or in combination with other units to
form a larger building. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
314
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18.04.1160 New construction.
''New construction" means development com-
menced on or after the effective date of the ordinance
codified in this title. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.04.1170 Noxious matter or material.
"Noxious matter or material" means 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. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.04.1175 Nonbroadcast telecommunication
facility.
A facility used for the transmission or enhance-
ment of telecommunications which does not include
the presence of antennas, as defined in this title. A
nonbroadcast telecommunication facility does not
include office use, materials storage, or other similar
uses. (Ord. 1526 ~ 1,2000)
18.04.1180 Nonconforming use.
See definition of use, nonconforming, Section
18.04.1700. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1190 Nursing home.
''Nursing home" means an extended or intermedi-
ate 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. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2000)
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18.04.1200 Nursery, plant.
"Plant nursery" means facilities for commercial
development, growth and sale of plants and/or for the
utilization of and storage of equipment for land-
scaping operation and wholesale and/or retail or
commercial gardening supplies. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1160-18.04.1250
18.04.1210 Offices.
"Offices" means structures, or portions of struc-
tures, in which commercial activities take place but
where goods are not produced, sold or repaired.
These include: general and professional offices;
governmental offices; insurance offices; real estate
offices; taxi-cab offices (but not taxi stands); travel
agency or transportation ticket offices; telephone
exchange; utility offices; radio broadcasting and
similar uses. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.1220 Open sales (or rental) lot.
"Open sales (or rental) lots" means 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. (Ord. 1516 (part),
2000: Ord.1514 (part), 2000: Ord. 1513 ~ I (Exh.A)
(part), 2000)
18.04.1230 OpeD space, useable.
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 useable
open space, except as allowed by Section 18.54.1 00.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.04.1240 Overlay zone.
"Overlay zone" means a zone superimposed upon
an underlying zone which establishes special re-
quirements in addition to, or in lieu of, those of the
underlying zone. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.1250 Parking area.
"Parking area" means an area, other than a street
or alley designated for use, or used, as temporary
parking of vehicles. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
315
(Bozeman II -0 I)
18.04.1260--18.04.1360
18.04.1260 Parking space, off-street.
"Parking space, off-street" means a space desig-
nated for the temporary parking of a motor vehicle
not on the right-of-way or alley but accessible from a
street or alley. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh: A) (part), 2000)
18.04.1270 Party wall.
"Party wall" means 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 Uniform Building Code. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1280 Paved parking space or surface.
"Paved parking space or surface" means an area
covered by an impervious dust free surface of asphalt
or concrete designed to specifications of the director
of public service. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1290 Personal and convenience
services.
"Personal and convenience services" means busi-
nesses offering services such as barbershops, beauty
shops, shoe repair, laundromats, laundry and dry
cleaning pickup and delivery stations, and similar
uses. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ I (Exh. A)(part), 2000)
18.04.1300 Persons.
"Persons" means and includes any individual or
group of individuals, corporations, partnerships,
associations, or any other organized group of per-
sons, including state and local governments and
agencies thereof. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1310 Planning director.
"Planning director" means the director of the
Bozeman office of planning and community
development and the person charged with the
administration of this title. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(Bozeman 11-0 I)
(part), 2000)
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18.04.1320 Property, personal.
"Personal property" means property, other than
real property, consisting of things temporal and
movable. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 9 I (Exh. A) (part), 2000)
18.04.1330 Property, real.
"Real property" means property consisting of
buildings and/or land. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.1340 Recreational vehicle.
"Recreational vehicle" means a vehicular type
portable structure without permanent foundation,
which can be towed, hauled or driven, primarily
designed as temporary living accommodation for
recreational, camping and travel use and including
but not limited to travel trailers, truck campers,
camping trailers and self-propelled motor homes less
than eight feet in width and thirty-three feet in length.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.04.1350 Recreational vehicle park.
"Recreational vehicle park" means 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. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 9 1 (Exh. A)
(part), 2000)
18.04.1360 Research laboratory.
"Research laboratory" means an establishment or
facility for carrying on investigation in the natural,
physical or social sciences, or engineering and de-
velopment as an extension of investigation with the
objective of creating end products. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
316
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18.04.1370 Restaurant.
"Restaurant" means any restaurant (except a drive-
in restaurant or a convenience food restaurant as
defined in this chapter), coffee shop, cafeteria, short-
order cafe, luncheonette, sandwich stand, drugstore,
and soda fountain serving food. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1380 Retail.
"Retail" means the sale of tangible personal
property for any purpose other than for resale. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.04.1390 Right-of-way.
A public way established or dedicated for public
purposes by duly recorded plat, deed, grant, govern-
mental authority or by operation of the law. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.04.1400 School.
"School" means (I) any pre-primary, primary or
grammar, public, parochial or private school, high
school; (2) preparatory school or academy, public or
founded, or owner 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 prepara-
tion 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 con-
ducted as a commercial enterprise for the profit of
individual owners or stockholders. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.A)
(part), 2000)
18.04.1410 Screening.
"Screening" means a solid or nearly solid barrier
(Le., wall, fence, plantings) constructed or installed
for the purpose of visual separation. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.1370--18.04.1465
18.04.1420 Setback line.
"Setback line" means that line that is 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 title. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 S 1 (Exh. A)
(part), 2000)
18.04.1430 Sewer, public.
"Public sewer" means any sanitary sewer line
owned and maintained by the city, whether or not
installed by the city. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.1440 Sewer system, community.
"Community sewer system" means any sanitary
sewer system, whether treatment plant, septic tank or
lagoon designed with a sewer collection system to be
used by a legally constituted association of property
owners. The system mayor may not be a public
system. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 9 1 (Exh. A) (part), 2000)
18.04.1450 Sign.
Sign-related definitions can be found in Chapter
18.65, sign code, of this title. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 9 1 (Exh. A)
(part), 2000)
18.04.1460 Site plan.
"Site plan" means a scale drawing showing the
accurate location of all structures, streets, alleys, and
parking areas existing and proposed on subject
property or any other information as may be required
by this title. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 S 1 (Exh. A) (part), 2000)
18.04.1465 Small scale broadcast facility
"Small scale broadcast facility" means a facility, less
than twenty feet in height from base to the highest
point including attachments, designed and
constructed specifically to support one or more
antennae and may include a monopole, self
supporting (lattice) tower, guy-wire supported tower,
and other similar structures and/or a facility
broadcasting in the electromagnetic spectrum with
317
(Bozeman 11.0 I )
18.04.1470-18.04.1560
less than one thousand watts effective radiated
power. When calculating the height of a facility other
structures designed for other uses such as office
buildings or water towers shall not be included in the
calculation. This definition excludes private, receive
only, antennae such as for the reception of television
signals. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.1470 Spa.
See definition of health and exercise establish-
ments, Section 18.04.810. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1475 Stable, commercial.
A "commercial stable" is an agricultural activity.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000)
18.04.1480 Stable, private.
"Private stable" means any building located on a
lot which is designed, arranged, used or intended to
be used for not more than four horses for the private
use of the owner of the lot, but shall not exceed six
thousand square feet in area. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1485 Stealth or camouflaged.
"Stealth or camouflaged" means placement of a
telecommunications 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. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.04.1490 Street.
"Street" means a right-of-way, other than an alley,
dedicated or otherwise legally established for public
use, usually affording the principal means of access
to abutting property. (Ord. 1516 (part), 2000: Ord.
(Bozeman 11-0 I )
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
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18.04.1500 Street, arterial.
"Arterial street" means a street so designated in
the Bozeman area master plan. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1510 Street, collector.
"Collector street" means a street so designated in
the Bozeman area master plan. (Ord. 1516 (part),
2000: Ord.1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1520 Street, local.
"Local street" means a street designed to provide
vehicular access to abutting properties and to dis-
courage through traffic. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.04.1530 Street frontage.
"Street frontage" means any property line separat-
ing a lot from a street; the front lot line. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.04.1540 Street, public.
"Public street" means any street which has been
dedicated or is otherwise publicly owned by the city.
Any street not a public street shall be deemed a
. private street. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1550 Structure.
"Structure" means anything constructed or erected
which requires location on the ground. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.1560 Structure, nonconforming.
"Nonconforming structure" means any structure
which was legal prior to the effective date of the
ordinance codified in this chapter which fails to
comply with the building location standards, and/or
size requirements of the applicable zone of this title
in which it is located. (Ord. 1516 (part), 2000: Ord.
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318
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1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.1570 Structural alteration.
"Structural alteration" means 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. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part),2000)
18.04.1580 Subdivision or development
construction yard.
"Subdivision or development construction yard"
means a temporary office and/or vehicular and mate-
rial storage yard. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
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18.04.1590 Swap meet.
"Swap meet" means 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. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2000)
18.04.1600 Swimming pools.
"Swimming pool" means either a portable or
permanent water container used for recreational pur-
poses which at its deepest point is over eighteen
inches and has a volume in excess of one hundred
fifty cubic feet of water. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1605 Tower.
"Tower" means a structure greater than ten feet in
height designed and constructed specifically to
support one or more antennae and may include a
monopole, self supporting (lattice) tower, guy-wire
supported tower, and other similar structures. A
tower does not include other buildings or structures
designed for other uses such as a tall office building
or water tank. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.04.1570-18.04.1650
18.04.1610 Townhouse.
"Townhouse" means a single-household dwelling
constructed as part of a series of dwellings, all of
which are either attached to the adjacent building
and/or buildings by party walls, or are located im-
mediately adjacent thereto without any visible sepa-
ration between walls or roof all of which dwellings
may be located on individual and separate lots, if
individually owned, or upon a single lot, if under
common ownership. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.04.1620 Townhouse cluster.
"Townhouse cluster" means 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. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.1630 Truck service station.
"Truck service station" means an occupancy
which provides especially for the servicing of trucks,
with incidental operations similar to those permitted
for automobile service stations. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1640 Truck stop.
A. "Truck stop" means a facility for the servicing
of diesel powered trucks and tractor trailers. A truck
stop shall mean anyone or more of the following:
1. Four or more diesel fuel dispensers;
2. Two or more bays for truck washing;
3. Facilities for diesel engine repair.
B. Other uses present at the same facility such as
convenience markets or restaurants shall not be
determinative of whether or not the facility is a truck
stop. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000) .
18.04.1650 Truck washing establishment.
"Truck washing establishment" means a facility
designed to primarily serve semi-trailer and tractor
travel as a place to have such vehicles cleaned. (Ord.
319
(Bozeman II ~o I)
18.04.1660-18.04.1750
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2000)
18.04.1660 Unit, efficiency.
"Efficiency unit" means a dwelling unit containing
only one habitable room as defined and regulated by
the latest adopted Uniform Building Code. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.04.1670 Use.
"Use" means the employment or occupation of a
building, structure or land for a person's service,
benefit or enjoyment. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.04.1680 Use, accessory.
See definition of accessory building or use, Sec-
tion 18.04.030. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.1690 Use, conditional.
"Conditional use" means either a public or private
use as listed in this title which, because of its unique
characteristics, cannot be properly classified as a
principal use or accessory use in a particular district.
After consideration in each case of the impact of such
use upon neighboring land and of the public need for
the particular use at the particular location, a permit
for such conditional use mayor may not be granted,
with or without conditions, in addition to any
condition specifically stated in this title for any
particular conditional use, including time limits,
pursuant to the requirements of this title. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.1700 Use, nonconforming.
"Nonconforming use" means an existing use of
land or building which was legal prior to the effective
date of the ordinance codified in this title but which
fails to comply with the requirements set forth in this
title applicable to the zone in which such use is
(Bouman 11-01)
located. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
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18.04.1710 Use, permitted.
"Permitted use" means a use which is lawfully
established in a particular district or districts and
which conforms with all requirements, regulations,
and performance standards of such district. A per-
mitted use may be a principal use, an accessory use,
or a conditional use. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 9 1 (Exh. A) (part),
2000)
18.04.1720 Use, principal.
"Principal use" means a use or structure which
determines the predominant or major use of the lot on
which it is located. The principal use shall be that use
which establishes the character of the property
relative to surrounding or adjacent properties. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.04.1730 Use, temporary.
"Temporary use" means a use established for a
fixed period of time with the intent to discontinue
such use upon the expiration ofthe time period. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.04.17 40 Variance.
"Variance" means a modification or variation of
the provisions of this title as applied to a specific
piece of property. No variance regarding use of
property shall be permitted. A variance may be per-
mitted only by the city commission. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.1750 Variance, dimensional.
"Dimensional variance" means departure from the
terms of the zoning regulations pertaining to height
or width or structures and size of yard and open
spaces where such departure will not be contrary to
the public interest and where, owing to conditions
320
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peculiar to the property because of its size, shape or
topography, and not as a result of the action of the
applicant, the literal enforcement of the zoning regu-
lations would result in unnecessary and undue hard-
ship. (Ord. 1516 (part), 20~0: Ord. 15]4 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1760 Veterinary clinic.
See definition of animal hospital, Section
18.04.100.(Ord.1516(part),2000:0rd.1514(part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.1770 Warehouse.
"Warehouse" means an enclosed building de-
signed and used primarily for the storage of goods
and materials. (Ord. 1516 (part), 2000: Ord. ] 514
(part), 2000: Ord. 1513 ~ ] (Exh. A)(part), 2000)
18.04.1780 Warehouse, residential storage
(mini-warehouse).
"Residential storage warehouse (mini-warehouse)"
means a building or group of buildings in a con-
trolled 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 prop-
erty 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. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. ] 513 ~ ] (Exh. A) (part), 2000)
18.04.1790 Watercourse.
"Watercourse" means any natural stream, river,
creek, drainage, waterway, gully, ravine or wash in
which water flows either continuously or intermit-
tently and has a definite channel, bed and banks, and
includes any area adjacent thereto subject to
inundation by reason of overflow. The term water-
course shall not be construed to mean any facility
created exclusively for the conveyance of irrigation
water. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.] 760-18.04.1840
18.04.1800 Wholesale establishment.
"Wholesale establishment" means an establish-
ment for the sale of goods and merchandise for resale
instead offor direct consumption. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.04.1810 Wrecking yard.
"Wrecking yard" means 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. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.04.1820 Yard.
"Yard" means a space on the same lot with a
principal building, which is open and unoccupied
from the ground upward or from the ground down-
ward other than by steps, walks, terraces, driveways,
lamp posts and similar structures, and unobstructed
by structures, except as otherwise provided in this
title. (Ord. 1516 (part), 2000: Ord. 15] 4 (part), 2000:
Ord. 1513 ~ I (Exh. A)(part), 2000)
18.04.1830 Yard, corner side.
"Corner side yard" means a yard on a comer lot
the area of which is bounded by a line extending
from the front of the principal building (the front
building line) to a point intersecting the side street
right-of-way line (side lot line), then along the side
lot line to a point intersecting the rear lot line, then
along the rear lot line to a point intersecting the line
formed by extending the wall ofthe nearest principal
building paralleling the side lot line. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.04.1840 Yard, front.
"Front yard" means a yard extending across the
full width of the lot between two side lot lines, the
depth of which is the least distance between the street
right-of-way and the front building line. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
321
(Bozeman 11-01)
18_04.1850--18.06.010
18.04.1850 Yard, rear.
"Rear yard" means a yard extending across the full
width of the lot between the two side lot lines and
between the rear line and a parallel line tangentto the
rear of the principal building and the depth of which
is the least distance between the tear lot line and the
parallel line. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.1860 Yard, required.
"Required yard" means the minimum dimension
of a front, side or rear yard as established by the use
regulations for each district. See also definition of
building line, required, Sections 18.04.270 through
18.04.290. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.04.1870 Yard, side.
"Side yard" means a yard extending between the
front building line and the rear building line, the
width of which is the least distance between the side
lot line and the nearest part of the principal building.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.04.1875 Zoning commission.
"Zoning commission" means the Bozeman zoning
commission, the appointed body responsible for
making recommendations to the city commission
relative to this title and the zoning jurisdiction of the
city. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ I (Exh. A) (part), 2000)
18.04.1880 Zoning map.
A map or maps with all notations, dimensions,
references and symbols shown thereon depicting
individual zoned districts in accordance with this
title. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A)(part), 2000)
(Bozeman 11-0 I)
Chapter 18.06
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ZONING DISTRICTS AND ZONING MAP
Sections:
18.06.010
Use districts designated- Zoning
map adopted.
Official map-Availability,
certification and authority-
Changes.
Official map-Replacement
conditions.
Boundary interpretation
guidelines.
Zoning of annexed territory.
Classification of particular uses--
Planning director and city
commission authority.
18.06.020
18.06.030
18.06.040
18.06.050
18.06.060
18.06.010 Use districts designated-Zoning
map adopted.
A. The city is divided into zones, or districts, as
shown on the official zoning maps which, together
with all explanatory matter thereon, are adopted by
references and declared to be a part of this title.
B. For the purpose ofthis title, the city is divided
and classified into the following use districts:
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R-S Residential Suburban District
R-l Residential Single-household, Low
Density District
R-2 Residential Single-household, Medium
Density District
R-2a Residential Single-household, Medium
Density District
R-3a Residential Two-household, Medium
Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-O Residential Office District
B-1 Neighborhood Business District
B-2 Community Highway Business District
B-3 Central Business District
M-l Light Manufacturing District
M-2 Manufacturing and Industrial District
BP Business Park District
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322
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Historic Mixed Use
Public Lands and Institutions District
Neighborhood Conservation Overlay
District
Bozeman Area Entryway Overlay
District
Flood Hazard Overlay District (refer to
Federal Insurance Rate Maps for loca-
tions)
R-MH Residential-Mobile Home District.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
HMO
PLI
NC
EO
FH
18.06.020 Official map-Availability,
certification and authority-
Changes.
A. The official maps shall be available in the
office of the planning director and shall bear certifi-
- cate with the signature of the mayor attested by the
clerk of the commission and the date of adoption of
the ordinance codified in this title.
B. The certificate should read as follows:
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This is to certifY that this is an Official Zoning
Map referred to in Section of Ordinance Number_
of the City of Bozeman, Montana.
Mayor
Attested
Date of Amendment
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C. If any changes to the map are made by
amendment of this title in accordance with Chapter
18.55 hereof, such changes shall be made to the
official zoning maps and signed, dated and certified
upon the map or upon the material attached thereto.
D. 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 city offices by the planning director
shall be the final authority as to the current zoning
status of land and water areas, buildings, and other
structures in the city or its zoning jurisdiction. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.06.020---18.06.040
18.06.030 Official map-Replacement
conditions.
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 shall
supersede the prior official zoning maps. The new
official zoning maps may correct drafting or other
errors or omissions in the prior map, but no such
corrections shall have the effect of amending the
original official zoning maps or any subsequent
amendment thereof.
B. The new official zoning maps shall be identi-
fied by signature of the mayor attested by the clerk of
the commission. The certificate should read as
follows:
This is to certify that this Official Zoning Map
supersedes and replaces the Official Zoning Map
adopted as part of Ordinance Number _ of the City
of Bozeman, Montana.
Mayor
Attested
Date of Amendment
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A)(part), 2000)
18.06.040 Boundary interpretation
guidelines.
A. Where uncertainly exists as to the boundaries
of districts as shown on the official zoning map, the
boundaries shall be interpreted as following the
nearest logical line to that shown:
1. Boundaries indicated as approximately fol-
lowing the centerline of streets, highways or alleys
shall be construed to follow such center! ines;
2. Boundaries indicated as approximately fol-
lowing platted lot lines shaH be construed as follow-
ing such lot lines;
3. Boundaries indicated as approximately fol.
lowing city limits shaH be construed as following
such city limits;
323
(Bozeman 11-01)
18.06.050-18.06.060
4. Boundaries indicated as following railroad
lines shall be construed to be midway between the
main track(s);
5. Boundaries indicated as following the center-
line of streams, rivers, canals, or, ditches shall be
construed to follow such centerlines;
6. Boundaries indicated as parallel to or exten-
sions offeatures indicated on the official zoning map
shall be determined by the scale of the map.
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
planning director shall interpret the district boundary;
such interpretation may be subject to appeal to the
city commission.
C. Where district boundaries divide a lot or
parcel into two or more districts, the entire lot or par-
cel shall be deemed to have only the characteristics
and uses of the most restrictive district that any part
of the lot or parcel rests within. However, for
properties which lie partially within a specified
overlay district, the planning director, may determine
that overlay district regulations shall apply only to
that portion of the property lying within the specified
overlay district. The criteria for making such a
determination shall include an evaluation of site
topography and the degree to which the development
portion of the property lying outside of the overlay
district is integrated with the development lying
within the district. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 9 1 (Exh. A) (part), 2000)
18.06.050 Zoning of annexed territory.
A. All territory which may hereafter be annexed
to the city shall be, in conjunction with the
annexation, zoned to the most similar or nearest
zoning classification district applied to the territory
by any county zoning ordinance prior to the
annexation. The city commission shall determine the
appropriate zoning for any and all areas to be
annexed to the city but shall request a
recommendation from the zoning commission and
shall take into consideration the Bozeman master
plan.
(Bozeman 11-01)
B. In lieu of subsection A of this section above,
when such zoning of annexed territory is to be
effective at the time of such annexation and is to be
different from the most similar or nearest classifica-
tion district applied to the territory by any county
zoning ordinance prior to the annexation, the city
commission shall have previously requested a
recommendation from the zoning commission, taking
into account the Bozeman master plan, in order that
the city commission may determine the proper
zoning by zoning amendment to be effective upon
the effective date of such annexation. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 9 1
(Exh. A) (part), 2000)
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18.06.060 Classification of particular uses-
Planning~director and city
commission authority.
A. The planning director shall determine the
appropriate classification of a particular use. In
making this determination, the planning director shall
find:
1. That the use is the same as one or more uses
permitted in the district wherein it is proposed to be
located or;
2. That the use is so similar to one or more uses
permitted in the district wherein it is proposed to be
located as to be interpreted as the same, so long as:
a. The use and its operation are compatible with
the uses permitted in the district wherein the use is
proposed to be located,
b. The use will not cause substantial injury to
values of property in the neighborhood or district
wherein it, is proposed to be located, and
c. Neither the intent of this title nor the intent of
the district will be abrogated by such classification.
B. If a question arises concerning the appropriate
classification of a particular use, the planning direc-
tor may submit the question to the city commission to
determine whether the particular use is the same, or
so similar as to be interpreted the same as a listed
permitted or conditional use. In making such a
determination, the city commission shall find that the
criteria set forth in either subsection (A)( 1) or (A)(2)
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324
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of this section are met.
C. If a specific use is not listed and cannot be
interpreted to be the same, as a listed permitted or
conditional use, the use shall not be allowed.
However, a zoning co~e amendment may be
submitted for review and approval pursuant to the
requirements ofthis title to allow such use as a listed
permitted or conditional use. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
Chapter 18.08
APPLICATION OF REGULATIONS
Sections:
18.08.010
18.08.020
Application of regulations.
Compliance with zoning
regulations required.
Area requirements for individual
buildings- Restrictions.
Yards and lots-Reduction
prohibited.
18.08.030
18.08.040
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18.08.010 Application of regulations.
The regulations set by this title shall be minimum
regulations and all regulations as categorized shall
apply uniformly to each class or kind of structure or
land and particularly the regulations which follow.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
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18.08.020 Compliance with zoning
regulations required.
No building, structure or land shall hereafter be
used or occupied, and no building, structure or part
thereof shall hereafter be erected, constructed, recon-
structed, moved or structurally altered, and no devel-
opment shall commence unless it is in conformity
with all of the regulations herein specified for the
district in which it is located. To the extent
reasonably feasible, all city-owned land shall be
subject to applicable regulations of the underlying
zoning district. Development of such land shall be
subject to approval by the city commission upon
] 8.08.0] 0-] 8.08.040
review of the design review board and development
review committee as may be required by Chapters
43, 52 or 53. (Ord. ]5]6 (part), 2000: Ord. ]5]4
(part), 2000: Ord. 1513 ~ I (Exh. A)(part), 2000)
18.08.030 Area requirements for individual
buildings-Restrictions.
No part of any yard, or other open space, or off-
street parking or loading space required about or in
connection with any building for the purpose of
complying with this title, shall be included as part of
a yard, open space, or off-street parking or loading
space similarly required for any other building except
as provided in Section 18.50.120 of this title. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.08.040 Yards and lots-Reduction
prohibited.
No yard or lot existing at the time of adoption of
the ordinance codified in this title shall be reduced in
dimension or area below the minimum requirements
of said ordinance except as set forth herein. Yards or
lots created after the effective date of said ordinance
shall meet at least the minimum requirements
established by this title. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
325
(Bozeman 11-01)
18.12.010--18.12.020
Chapter 18.12
R-S RESIDENTIAL-SUBURBAN DISTRICT
Sections:
18.12.010
18.12.020
18.12.030
18.12.040
18.12.050
18.12.060
18.12.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage and floor area.
Yards.
Building height.
Garages.
18.12.010 Intent.
The intent and purpose of the R-S residential-
suburban district is to allow open space and single-
household development in circumstances where
environmental constraints limit the desired density.
All new developments in this district shall be subject
to the provisions of Chapter 18.54, Planned Unit
Development, and shall be developed in compliance
with the adopted Bozeman master plan. Lot size
shall be an average of one acre unless otherwise
approved through the Planned Unit Development
process. (Ord. 1516 (part), 2000: Ord. 1514 (part).
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.12.020 Permitted uses.
Permitted uses in the R-S district are as follows:
A. Principal Uses.
Agricultural uses on less than two and one-
half acres or more, including barns and animal shel-
ters and the keeping of animals and fowl. together
with their dependent young, as hereinafter set forth
per two and one-half acres: one horse or one cow;
two sheep or two goats; ten rabbits; thirty-six fowl
(chickens, pheasants. pigeons, etc.) or six larger fowl
(ducks, geese, turkeys, etc.)
One-household dwellings
One-household mobile homes on permanent
foundations which meet all the requirements
of Section 18.50.180
Essential services (Type I)
Family day care home
Group day care home
(Bozeman 11.01)
Public and private parks and playgrounds.
B. Conditional Uses.
Accessory dwelling units
Agricultural uses on less than two and one-
half acres
Churches
Commercial stables
Community residential facilities with more
than four residents
Day care centers
Essential services (Type II)
FCC earth stations
Golf courses
Other recreational uses
Plant nursery
Recreation vehicle parks
Schools
Tree farm
Veterinary uses
Any use approved as part of a planned unit
development subject to the provisions of Chapter
18.54.
C. Accessory Uses.
Accessory buildings small than 720 square feet in
gross floor area and where the total square foot area
of all accessory buildings does not exceed the square
foot area of living space in the principal building
Fences
Greenhouses
Guesthouses
Home occupations
Private garages
Private or jointly owned community center
recreational facilities, pools, tennis courts and
spas
Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to
construction work
Tool sheds for storage of domestic supplies
Other buildings and structures typically acces
sory to residential or agricultural uses.
(Ord. 1531 ~ 4. 2001; Ord. 1526 ~ 4, 2000; Ord.
1516 (part), 2000: Ord 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2(00)
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326
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18.12.030-18.12.070
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18.12.030 Lot area and width.
A. Lot area and width for newly created lots in R-
S districts shall be determined through the PUD
review procedures set forth in Chapter 18.54, in
compliance with the adopted Bozeman area master
plan. Unless otherwise approved through the
Planned Unit Development process, the average lot
size shall be one acre.
B. Existing lots in R-S districts not utilizing a
community water and/or sewer system shall be
considered nonconforming lots if less than one-acre
in area and/or one hundred feet in width and subject
to Section 18.50.160. Existing lots in the R-S district
utilizing a community water and/or sewer system
shall be considered nonconforming lots if less than
one-half acre in area and/or one hundred feet in width
and subject to Section 18.50.160. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
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18.12.040 Lot coverage and floor area.
Lot coverage and floor area for newly created lots
in the R-S district shall be determined through the
PUD review procedures set forth in Chapter 18.54, in
compliance with the adopted Bozeman master plan.
For existing lots in the R-S district, not more than
twenty-five percent of the lot area shaH be covered
by principal and accessory buildings. Each dwelling
unit shall have a minimum of one thousand square
feet of floor area. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
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18.12.050 Yards.
A. 1. Every lot in the R-S district which existed
prior to the effective date of the ordinance codified in
this title shall have the following minimum yards:
Front yard 35 feet
Rear yard 25 feet
Side yards 25 feet each side
Corner side yards are governed by Section
18.50.060.C.
2. Minimum yard requirements for newly created
R -S lots shall be determined through the PUD review
process. (NOTE: All yards shall be subject to the
provisions of Section 18.50.060(0) when applicable.)
B. All pens, coops, barns, stables or permanent
corrals shall be set back not less than one hundred
feet from any residence or public road and not less
than fifty feet from any property line. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.12.060 Building height.
Maximum building height in the R-S district shall
be as follows:
A. Roof pitch greater than 6: 12-thirty-four feet;
B. Roof pitch 3: 12 or greater but not greater than
6: 12-thirty feet; and
C. Roof pitch less than 3: 12-twenty-four feet.
(Ord. 1516 (part), 2000: Ord. 15]4 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.12.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The are ofthe garage vehicle door(s) comprise
forty percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal
facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000)
327
(Boreman 11.01)
18.14.010--18.14.050
Chapter 18.14
R-l RESIDENTIAL SINGLE-HOUSEHOLD,
LOW DENSITY DISTRICT
Sections:
18.14.010
18.14.020
18.14.030
18.14.040
18.14.050
18.14.060
18.14.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage and floor area.
Yarels.
Building height.
Garages.
18.14.010 Intent.
The intent of the R -1 residential single-household,
low density district is to provide for low density
single-household residential development within the
city, to conform to the system of services available,
to the slope of the land or other limiting factors, and
to provide for such community facilities and services
as will serve the area's residents while protecting the
residential character and quality of the area. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2000)
18.14.020 Permitted uses.
Permitted uses for the R-l district are as follows:
A. Principal Uses.
One-household dwellings
Essential services (Type I)
Family day care home
Group day care home
Public parks
B. Conditional Uses.
Accessory dwelling units
Churches
Community residential facilities, with more
than four residents
Day care centers
Golf courses
Schools
Temporary sales and office buildings
(Bozeman 11-0 I)
Any use approved as part of a planned unit
development subject to the provisions of Chapter
18.54
C. Accessory Uses.
Fences
Greenhouses
Guesthouses
Home occupations
Private garages
Private or jointly owned community center
recreational facilities, pools, tennis courts,
spas
Private stonn water control facilities
Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to
construction work
Tool sheds for storage of domestic supplies
Other buildings and structures typically acces
sory to residential uses.
(Ord. 1531 ~ 5, 2001)
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18.14.030 Lot area and width.
Lot area for any use in the R-I district shall be not
less than ten thousand square feet and no lot width
shall be less than eighty feet. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
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18.14.040 Lot coverage and floor area.
In the R-l district, not more than forty percent of
the lot area shall be occupied by the principal and
accessory buildings. Each dwelling unit shall have a
minimum of one thousand two hundred fifty square
feet of floor area. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.14.050 Yards.
Every lot in the R-l district shall have the follow-
ing minimum yards:
Front yard 20 feet
Rear yard 25 feet
Side yards 8 feet each side
Corner yards are governed by Section
18.50.060.C.
328
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18.14.060-18.16.040
(NOTE: All yards will be subject to the provisions
of Section 18.50.060(D) when applicable.) (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000).
18.14.060 Building height.
Maximum building height in the R-l district shall
be as follows:
A. Roof pitch greater than 6: 12-thirty-two feet;
B. Roof pitch 3: 12 or greater but not greater than
6: 12-twenty-eight feet; and
C. Roof pitch less than 3: 12-twenty-four feet.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.14.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The are of the garage vehicle door(s) comprise
forty percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal
facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part), 2000)
Chapter 18.16
R-2 RESIDENTIAL SINGLE-HOUSEHOLD,
MEDIUM-DENSITY DISTRICT
Sections:
18.16.010
18.16.020
18.16.030
18.16.040
18.16.050
18.16.060
18.16.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage and floor area.
Yards.
Building height.
Garages.
18.16.010 Intent.
The intent of the R-2 residential single-household
residential development of a medium density within
the city in areas that present few or no development
problems, and for neighborhood facilities to serve
such development while preserving the residential
quality and nature of the area. (Ord. 1516 (part),
2000: Ord 1514 (part), 2000: Ord 1513 ~ 1 (Exh. A)
(part), 2000)
18.16.020 Permitted uses.
Permitted uses in the R-2 district shall be only
those uses permitted in an R-I district. (Ord. 1516
(part), 2000: Ord 1514 (part), 2000: Ord 1513 ~ 1
(Exh. A) (part), 2000)
18.16.030 Lot area and width.
Lot area for any use in the R-2 district shall be not
less than seven thousand square feet and no lot width
shall be less than seventy feet. (Ord. 1516 (part),
2000: Ord 1514 (part), 2000: Ord 1513 ~ 1 (Exh. A)
(part), 2000)
18.16.040 Lot coverage and floor area.
In the R-2 district, not more than forty percent of
the lot area shall be occupied by the principal and
accessory buildings. Each dwelling unit shall have
a minimum of one thousand square feet of floor
area. (Ord. 1516 (part), 2000: Ord 1514 (part),
2000: Ord 1513 ~ 1 (Exh. A) (part), 2000)
329
(Bozeman II -0 I)
18.16.050-18.17.030
18.16.050 Yards.
Every yard in the R-2 district shall have the
following minimum yards:
Front yard 20 feet
Rear yard 20 feet
Side yards 5 feet each side.
Corner side yards are governed by Section
18.50.060.C.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.) (Ord.
1516 (part), 2000: Ord 1514 (part), 2000: Ord 1513 ~
1 (Exh. A) (part), 2000)
18.16.060 BuDding height.
Maximum building height in the R-2 district shall
be as follows:
A. Roof pitch greater than 6: 12-thirty-two feet;
B. Roof pitch 3: 12 or greater but not greater than
6: 12-twenty-eight feet; and
C. Roof pitch less than 3: 12-twenty-four feet.
(Ord. 1516 (part), 2000: Ord 1514 (part), 2000: Ord
1513 ~ 1 (Exh. A) (part). 2000)
18.16.070 Garage.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square
footage, exclusive of any exposed roof areas, of the
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
(Bozeman 11-01)
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part), 2000)
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Chapter 18.17
R-2a RESIDENTIAL SINGLE-HOUSEHOLD,
MEDIUM DENSITY DISTRICT
Sections:
18.17.010
18.17.020
18.17.030
18.17.040
18.17.050
18.17.060
18.17.070
Intent.
Pennitted uses.
Lot area and width.
Lot coverage and floor area.
Yards.
Building height.
Garages.
18.17.010 Intent.
The intent of the R - 2a residential single-household
residential development of a density consistent with
the Bozeman master plan within the city and in areas
that present few or no development problems, and for
neighborhood facilities to serve such development
while preserving the residential quality and nature of
the area. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.17.020 Pennitted uses.
Permitted uses in the R-2a district shall be only
those uses permitted in an R-2 district and one-
household mobile homes on permanent foundations
which meet all requirements of Section 18.50.180.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.17.030 Lot area and width.
Lot area for any use in the R-2a district shall be
not less than six thousand square feet, and no lot
width shall be less than sixty feet. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
330
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18.17.040--18.18.020
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18.17.040 Lot coverage and floor area.
In the R-2a district, no more than forty percent of
the lot area shall be occupied by the principal and
accessory buildings. Each dwelling shall have a
minimum of eight hundred square feet of floor area.
(Ord. 1516 (part), 2000: Oed. 1514 (part), 2000: Ord.
15 13 ~ 1 (Exh. A) (part), 2000)
18.17.050 Yards.
Every lot in theR-2a district shall have the fol-
lowing minimum yards:
Front yard 20 feet
Rear yard 20 feet
Side yards 5 feet each side.
Comer side yards are governed by Section
18.50.060.C.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.) (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.17.060 Building height.
Maximum building height in the R-2a district shall
be as follows:
A. Roof pitch greater than 6: 12-thirty-two feet;
B. Roof pitch 3: 12 or greater but not greater than
6: 12-twenty-eight feet; and
C. Roof pitch less than 3: 12-twenty-four feet.
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18.17.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square
footage, exclusive of any exposed roof areas, of the
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part), 2000)
Chapter 18.18
R-3a RESIDENTIAL TWOwHOUSEHOLD,
MEDIUM DENSITY DISTRICT
Sections:
18.18.010
18.18.020
18.18.030
18.18.040
18.18.050
18.18.060
18.18.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage and floor area.
Yards.
Building height.
Garages.
18.18.010 Intent.
The intent of the R-3a district is to provide for one
and two household residential development of a
medium density within the city in areas that present
few or no development problems, and for neighbor-
hood facilities to serve such development while
preserving the residential quality and nature of the
area. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.18.020 Permitted uses.
Permitted uses in the R-3a district are as follows:
A. Principal Uses.
One-household dwellings
One-household mobile homes on permanent
foundations which meet all requirements of
Section 18.50.150, except within the area
designated as the Conservation Overlay
331
(Bozeman 11-01)
18.18.030-18.18.070
district created by Chapter 18.42 of this title
Two-household dwellings
Essential services (Type I)
Family day care home
Group day care home
Group homes
Public parks
B. Conditional Uses.
Assisted living/elderly care facilities
Bed and breakfast homes
Churches
Day care centers
Extended stay lodgings
Golf courses
Lodginghouses (bed and breakfasts)
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit
development subject to the provisio~s of
Chapter 18.54
C. Accessory Uses.
Fences
Greenhouses
Guesthouses
Home occupations
Private garages
Private or jointly owned community center
recreational facilities, pools, tennis courts and
spas
Signs, subject to Chapter 18.65
Temporary buildings and yards incidental to
construction work
Tool sheds for storage of domestic supplies
Other buildings and structures typically acces
sory to residential uses.
(Ord. 1531 ~ 6, 2001; Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.18.030 Lot area and width.
A. In the R-3a district, minimum lot area for two-
household units shall be six thousand square feet
with a minimum lot width of sixty feet.
(Bozeman 11-01) 332
B. Minimum lot area for one-household
dwellings and other uses shall be five thousand
square feet with a minimum lot width of fifty feet.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.18.040 Lot coverage and floor area.
In the R-3a district, not more than forty percent of
the lot shall be occupied by the principal and
accessory buildings. The average floor area of all
dwelling units in a structure shall have a minimum of
six hundred square feet. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.18.050 Yards.
Every lot in the R-3a district shall have the fol-
lowing minimum yards:
Front yard 20feet
Rear yard 20 feet
Side yards 5 feet each side.
Corner side yards are governed by Section
18.50.060.C.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.)
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A)(part), 2000)
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18.18.060 Building height.
Maximum building height in the R-3a district shall
be as follows.
A. Roof pitch greater than 6: 12-thirty-two feet;
B. Roof pitch 3: 12 or greater but not greater than
6: 12-twenty-eight feet; and
C. Roof pitch than 3:12-twenty-fourfeet.
18.18.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square
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18.20.010-18.20.020
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footage, exclusive of any exposed roof areas, of the
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part), 2000)
Chapter 18.20
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R-3 RESIDENTIAL MEDIUM.DENSITY
DISTRICT
Sections:
18.20.010
18.20.020
18.20.030
18.20.040
18.20.050
18.20.060
18.20.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage and floor area.
Yards.
Building height.
Garages.
18.20.010 Intent.
The intent of the R-3 district is to provide for the
development of one to five-household residential
structures near service facilities within the city. It
should provide for a variety of housing types to serve
the varied needs of households of different size, age
and character, while reducing the adverse effect of
nonresidential uses. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.20.020 Permitted uses.
Permitted uses in the R-3 district are as follows:
A. Principal uses.
One-household dwellings
One-household mobile homes on permanent
foundations which meet all the requirements
of Section 18.50.180
Two-household dwellings
Three to four unit multiple-household
dwelling unit structures
Townhouse clusters, not to exceed five units
or one hundred twenty feet in length
Community residential facilities, with more
than four residents
Essential services (Type I)
Family day care home
Group day care home
Public parks
B. Conditional Uses.
Assisted living/elderly care facilities
Bed and breakfast homes
Churches
Cooperative housing
Day care centers
Extended stay lodgings
Fraternity and sorority houses
Golf courses
Lodginghouses
Schools
Temporary sales and office buildings
Any use approved as part of a planned unit
development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
Fences
Greenhouses
Guesthouses
Home occupations
Pri vate garages
Private or jointly owned community center
recreational facilities, pools, tennis courts and
Signs, subject to Chapter 18.65
Spas
333
(Bozeman 11.01)
18.20.030-18.20.070
Temporary buildings and yards incidental to
construction work
Tool sheds for storage of domestic supplies
Other building and structures typically acces
sory to residential uses.
(Ord. 1359 ~ 17, 1993; Ord. 1332 * 1 (Exh. A)(part),
1991)
18.20.030 Lot area and width.
A. In the R-3 district, minimum lot area for two
to four-household units shall be three thousand
square feet dwelling unit with a minimum lot width
of sixty feet.
B. For townhouse clusters the minimum average
lot area per unit in an individual structure shall be
three thousand square feet. The minimum lot width
shall be that of the width of the interior units.
C. Minimum lot area for other uses, including
one-household dwelling units, shall be five
thousand square feet with a minimum lot
width of fifty feet.
D. Maximum density of dwellings shall not
exceed twelve dwellings per net acre.
(Ord. 1531 8,2001; Ord. 1332 ~ 1 (Exh. A) (part),
1991)
18.20.040 Lot coverage and floor area.
In the R-3 district, not more than forty percent of
the lot shall be occupied by the principal and acces-
sory buildings. The average floor area of all dwelling
units in a structure shall have a minimum of six
hundred square feet. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.20.050 Yarels.
Every lot in the R-3 district shall have the follow-
ing minimum yards:
Front yard 20 feet
Rear yard 20 feet
Side yards 5 feet each side. (Except
zero lot line sides of townhouse units). Corner side
yards are governed by Section 18.50.060.C.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.) (Ord.
(Bozeman 11-0 I)
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
-
18.20.060 Building height.
Maximum building height in the R-3 district shall
be thirty-eight feet for buildings with roof pitches of
3: 12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches of less than 3: 12. (Ord.
1516 (part), 2000: Ord. 1514(part),2000:0rd. 1513
~ 1 (Exh. A) (part), 2000)
18.20.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square
footage, exclusive of any exposed roof areas, of the
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part), 2000)
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334
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18.24.010-18.24.070
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Chapter 18.24
R-4 RESIDENTIAL HIGH DENSITY
DISTRICT
Sections:
18.24.010
18.24.020
18.24.030
18.24.040
18.24.050
18.24.060
18.24.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage and Door area.
Yards.
Building height.
Garages.
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18.24.010 Intent.
The intent of the R-4 residential high-density
district is to provide for high density residential
development with the city with associated service
functions. This will provide for a variety of compat-
ible housing types to serve the varying needs of the
community's residents. The net density, as defined in
18.04.510, for new developments shall be eight
dwellings per acre or greater. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord 1513 ~ 1 (Exh. A)
(part), 2000)
18.24.020 Permitted uses.
Principal uses permitted in the R-4 district are the
principal uses permitted in the R-3 district, plus bed
and breakfast homes, lodging houses, apartment
buildings and townhouse structures exceeding four
units per structure as principal uses. Conditional uses
permitted in the R-4 district are those conditional use
permitted in the R-3 district, plus offices (as defined
herein) only when in conjunction with dwellings, and
medical offices, clinics and centers. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord 1513 ~ 1
(Exh. A) (part), 2000)
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18.24.030 Lot area and width.
A. Lot area for two-household to four-household
dwellings shall not be less than five thousand square
feet, plus one thousand six hundred square feet for
each additional unit over one, with a minimum lot
width of fifty feet.
B. Lot area for apartment buildings shall not be
less than five thousand square feet, plus six hundred
square feet for each additional dwelling unit over
one. Minimum lot width shall be fifty feet.
C. Maximum density of dwellings shall not
exceed fifteen dwellings per net acre. (Ord. 1531 ~ 9,
2001: Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord 1513 ~ 1 (Exh. A)(part), 2000)
18.24.040 Lot coverage and Door area.
In the R-4 district, not more than forty percent of
the lot shall be occupied by the principal and acces-
sory buildings. The average floor area of all dwelling
units in a structure shall have minimum of six
hundred square feet. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord 1513 ~ 1 (Exh. A) (part),
2000)
18.24.050 Yards.
Every lot in the R-4 district shall have the fol-
lowing minimum yards:
Front yard 20 feet
Rear yard 20 feet
Side yards 5 feet each side. Corner side
yards are governed by Section 18.50.060.C.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(D) when applicable.)
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord
1513 ~ 1 (Exh. A)(part), 2000)
18.24.060 Building height.
Maximum building height in the R-4 district shall
be thirty-eight feet for buildings with roof pitches of
3: 12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches of less than 3: 12. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000)
18.24.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The area of the garage vehicle door( s)
comprise forty percent or less of the total square
335
(Bozeman II -01)
18.26.010--18.26.030
footage, exclusive of any exposed roof areas, of the
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entrr;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as. but not limited to. porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part). 2000)
Chapter 18.26
RaQ RESIDENTIAL OFFICE DISTRICT
Sections:
18.26.010
18.26.020
18.26.030
18.26.040
18.26.050
18.26.060
Intent.
Permitted uses.
Lot area and width.
Lot coverage and floor area.
Yards.
Building height.
18.26.010 Intent.
The intent of the R-O residential office district is
to provide for and encourage the development of
professional offices, business headquarters, and
compatible multi-household and apartment
development that would blend well with adjacent
land uses. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord 1513 ~ 1 (Exh. A) (part), 2000)
18.26.020 Permitted uses.
Permitted uses in the R-O district are as follows:
A. Principal Uses.
Apartments
(Bozeman 11-01)
Essential services (Type I)
Medical offices, clinics and centers
Offices (as defined in this title)
Multi-household dwellings
B. Conditional Uses.
Assisted livinglNursing home facilities
Bed and breakfast homes
Churches
Community residential facilities
Cooperative housing
Day care centers
Efficiency units
Group homes
Health and exercise establishments
c~
ScllooCS--
Any use approved as part of a planned unit
development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
Fences
Greenhouses
Home occupations
Other buildings and structures typically ac
cessory to permitted uses
Parking areas as required by Chapter 18.50.
Private garages
Refuse containers
Signs, subject to Chapter 18.65
Temporary buildings and yards
incidental to construction work
Tool sheds for storage of domestic supplies
Accessory structures as approved by the
planning and zoning board
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.26.030 Lot area and width.
Lot area and width for uses in the R-O district
shall not be less than five thousand square feet and
fifty feet, respectively. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
336
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18.26.040--18.28.010
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18.26.040 Lot coverage and floor area.
A. In the R-O district, lot coverage by principal
and accessory buildings shall not be more than forty
percent for residential uses nor more than sixty
percent for any other uses. Nonresidential develop~
ment shall not generate greater traffic than the traffic
which would be generated by the maximum
residential development which could occur with forty
percent coverage of the lot in question. The source
for traffic generation projections will be the current
edition of Trip Generation, published by the Institute
of Transportation Engineers.
B. The average floor area of all dwelling units in
a structure shall be a minimum of four
hundred and fifty square feet.
C. Maximum density of swellings shall not
exceed fifteen dwellings per net acre.
(Ord. 1526 ~ 5, 2000; Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.26.050 Yards.
Every lot in the R-O district shall have the fol-
lowing minimum yards:
Front yard 20 feet
Rear yard 20 feet
Side yard 5 feet each side. Comer side
yards are governed by Section 18.50.06OC.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.)
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.26.060 Building height.
Maximum building height in the R-O district shall
be thirty-eight feet for buildings with roof pitches of
3: 12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches of less than 3: 12. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.26.070 Garages.
Attached residential garages shall not obscure the
entrance to the dwelling. Attached garages are
encouraged to be clearly subordinate to the dwelling.
A subordinate garage has one or more of the
following characteristics:
a. The area of the garage vehicle door(s)
comprise forty percent or less of the total square
footage, exclusive of any exposed roof areas, of the
principal facade of the dwelling;
b. The facade with the garage vehicle entrance(s)
is recessed at least four feet behind the facade of the
dwelling containing the main entry;
c. The principal facade of the dwelling has been
emphasized through the use of architectural features
such as, but not limited to, porches, fenestration
treatment, architectural details, height, orientation, or
gables, so that the non-garage portion of the
residence is visually dominant.
Alternative means of addressing the intent of this
section will be considered. Detached garages are
encouraged when they are compatible with the
existing neighborhood development pattern.
Garage access on non-principal facades and/or
alleys is encouraged. (Ord. 1516 (part), 2000; Ord.
1514 (part), 2000)
Chapter 18.28
B-1 NEIGHBORHOOD SERVICE DISTRICT
Sections:
18.28.010
18.28.020
18.28.030
18.28.040
18.28.050
18.28.060
18.28.070
Intent.
Permitted uses.
Lot area and width.
Lot coverage.
Yards.
Building height.
Garages.
18.28.010 Intent.
A. The intent of the B-1 neighborhood business
district is to provide for small retail and service
activities frequently required by neighborhood resi-
dents on a day-to-day basis, while still maintaining a
residential character. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
337
(Bozeman 11.0 I )
18.28.020-18.30.010
18.28.020 Pennitted uses.
A. Principal activities shall be limited to those
which are completely enclosed within a building not
larger than five thousand square feet in gross floor
area. Accessory activities such as play areas associ-
ated with day care centers and patio dining areas for
restaurants shall be permitted outdoors subject to
approval by the appropriate reviewing authority.
B. Permitted uses in the B-1 district are as fol-
lows:
1. Principal Uses.
Day care centers
Apartments located on the second or subse
quent floors
Essential services (Type I)
Food stores, such as grocery stores, bakeries,
etc.
Personal and convenience services
Restaurants (exclusive of drive-ins)
Retail uses
2. Conditional Uses.
Automobile service stations
Churches
Essential services (Type II)
Professional and business offices
Restaurants serving alcoholic beverages
Any use, except casinos, approved as part of a
planned unit development subject to the
provisions of Chapter 18.54
3. Accessory Uses.
Fences
Signs, subject to Chapter 18.65
Refuse containers
Other buildings and structures typically acces
sory to permitted uses
Parking areas as required by Chapter 18.50.
Temporary building and yards incidental to
construction work
18.28.030 Lot area and width.
Lot area for the B-1 district shall be adequate to
provide for required yards and off-street parking, but
in no case less than five thousand square feet and
fifty feet in width. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 20(0)
(Bozeman II ~OI)
18.28.040 Lot coverage.
In the B-1 district, the entire lot, exclusive of
required yards and parking, may be occupied by the
principal and accessory buildings. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
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18.28.050 Yarels.
Every lot in the B-1 district shall have the follow-
ing minimum yards:
Front yard 25 feet
Rear yard 20 feet
Side yards 8 feet.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(D) when applicable.) (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2000)
18.28.060 Building height.
Maximum building height in the B-1 district shall
be thirty eight feet for buildings with roof pitches of
3: 12 or greater and thirty -two feet for buildings with
flat roofs or with roof pitches of less than 3: 12,
except when adjacent to an R-S, R-l, R-2, R-2a, or
R-3a district wherein the height shall not exceed the
allowable height established for the adjacent district.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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Chapter 18.30
B-2 COMMUNITY BUSINESS DISTRICT
Sections:
18.30.010
18.30.020
18.30.030
18.30.040
18.30.050
18.30.060
Intent.
Permitted uses.
Lot area and width.
Lot coverage.
Yarels.
Building height.
18.30.010 Intent.
The intent of the B-2 community business district
is to provide for a broad range of retail and service
-
338
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.~
functions with access oriented to major arterial
streets. (Ord. 1516 (part). 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.30.020 Permitted uses.
Permitted uses in the B~2 district are as follows:
A. Principal Uses.
Ambulance service
Audio-visual equipment rental
Automobile parking lot or garage (public or
private)
Automobile rental service
Bakery for on-site sales, less than four
thousand square feet
Banks and other financial institutions
Bicycle sales, service and repair shop
Bowling alleys
Bus terminals
Business and office machine sales, service and
repair shop
Churches
Clothing and costume rental shop
Community center or meeting hall
Convenience food restaurant
Convenience uses
Custom dressmaking. furrier, millinery or
tailor shop employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Apartments located on the second or sub-
sequent floors
Essential services (Type I)
Equipment service
Extended-stay lodgings
Frozen food storage and locker rental
Game rooms, poolhalls
Garden supply store, indoor sales only
Hardware store, no exterior storage
Health and exercise center
Hobby and coin shop
Hotel or motel
Interior decorator's shop
Jewelry and metal craft store
Lock and key shop
Mail order catalog store
18.30.020
Medical, dental or health clinic
Medical and orthopedic appliance store
Messenger or telegraph service station
Mortuary
Museum
Music and instrument sales. service and repair
shop
Music or dance studio
Nursery, plant
Offices (as defined in this title)
Optician
Pawn shop
Personal and convenience services
Pet grooming shop
Photographic studio
Picture frame shop
Private club, fraternity, sorority or lodge
Public buildings
Radio or television, service and repair
Radio and television studio, without transmis
sion towers
Research laboratories
Restaurants
Retail sales, as defined in this title, with the
exception of those uses listed as conditional
uses in subsection B of this section and adult
businesses as defined in this title
Shoe repair and shoe shine shop
Tailor shop, less than five employees
Theater, excluding drive-in theater
Travel agency
Upholstery shops (excluding on-site uphol
stery service for cars, boats, trailers, trucks.
and other motorized vehicles requiring over
night storage)
Watch repair shop
Wholesale establishments that use samples,
but do not stock on premises
B. Conditional Uses.
Amusement and recreational activities
Automobile repair facilities
Automobile service stations, with or without
fuel dispensing
Automobile washing establishment, drive-
through
339
(\lozeman 11.01)
18.30.030-18.32.010
Automobile washing establishment, self-ser
vice
Bar (tavern, cocktail lounge)
Building materials sales
Business, technical or vocational school
Community residential facilities
Convenience food store with gas pumps
Day care center
Essential services (Type II)
Hospitals
Recreational vehicle an d boat sales and/or
rental
Restaurants serving alcoholic beverages
Tennis and racquet clubs
Veterinary clinics
Wholesale distributors with on-premise retail
outlets, providing warehousing is limited to
commodities which are sold on the premises
Any use, except casinos, approved as part of a
planned unit development subject to the
provisions of Chapter 18.54
C. Accessory Uses.
Fences
Signs, as per Chapter 18.65
Refuse containers
Other buildings and structures typically acces
sory to permitted uses
Temporary buildings and yards incidental to
construction work.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.30.030 Lot area and width.
There shall be no minimum lot area in the B-2
district; however, no lot width shall be less than one
hundred feet and the lot area shall be sufficient to
provide all required yard areas and off-street parking.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A) (part), 2000)
18.30.040 Lot coverage.
In the B-2 district, the entire lot, exclusive of
required yards and parking, may be occupied by the
principal and accessory buildings. (Ord. 1516 (part),
(Bozeman 11.01)
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2(00)
-
18.30.050 Yards.
Every lot in the B-2 district shall have the follow-
ing minimum yards:
Front yard 25 feet
Rear yard 10 feet
Side yards 8 feet each side.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.) (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2(00)
18.30.060 BuDding height.
Maximum building height in the B-2 district shall
be thirty-eight feet for buildings with roof pitches of
3: 12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches of less than 3: 12(Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
Chapter 18.32
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B-3 CENTRAL BUSINESS DISTRICT
Sections:
18.32.010
18.32.020
18.32.030
18.32.040
18.32.050
18.32.060
Intent.
Permitted uses.
Lot area and width.
Lot coverage.
Yards.
Building height.
18.32.010 Intent.
A. The intent of the B-3 central business district
is to provide a central area for the community's
business, government, service, and cultural activities.
Uses within this district should be appropriate to such
a focal center with inappropriate uses being
excluded. Room should be provided in appropriate
areas for logical and planned expansion of the pres-
ent district.
340
-,
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B. It is the intent of this district to encourage high
volume, pedestrian-oriented uses in ground floor
space in the "core area" of Bozeman's central
business district, i.e., along Main Street from Grand
to Rouse and to the alleys one half block north and
south from Main Street. Lower volume pedestrian
uses such as professional offices may locate on
ground floor space in the B-3 area outside the above
defined core. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.32.020 Permitted uses.
Permitted uses in the B-3 district are as follows:
A. Principal Uses.
Ambulance services
Antique shop and store
Apartments, except on ground floor in "core
area" as described above
Appliance sales, services
Audio-visual equipment rental
Automobile parking lot or garage (public or
private)
Bakery for on-site sales, less than four thou
sand square feet
Banks and other financial institutions
Barbershop
Beauty parlor
Bicycle service and repair shop
Business and office machine service and
repair shop
Butcher shops (retail sales only)
Churches, except on the ground floor in "core
area" as described above
Clothing and costume rental shop
Community center or meeting hall
Convenience food store
Custom dressmaking, furrier, millinery or
tailor shop employing five persons or less
Dancing or theatrical studio
Delicatessen and catering establishment
Dry cleaning and laundry establishment, for
dropoff/pickup service
Essential services (Type I)
Game rooms, pool halls
Handicraft manufacturing, primarily for on-
-
341
18.32.020
site retail sales
Hardware store, no exterior storage
Health and exercise center
Hotel or motel
Interior decorator's shop
Laboratories, research and diagnostic, except
on ground floor in core area as described
above
Laundromat, self service
Laundry, dry cleaning
Libraries
Lock and key shop
Mail order catalog store
Medical, dental or health clinic, except on
ground floor in core area as described above
Messenger or telegraph service station
Museum
Music and instrument sales, service and repair
shop
Music or dance studio
Offices, public or private, except on ground
floor in core area as described above
Optician
Parking lots, except on ground level in core
area as described above
Pet grooming shop
Printing offices and publishing establishments
Private club, fraternity, sorority or lodge
Private schools, such as dance, business,
secretarial and technical, but not private or
public preschool, elementary or secondary
schools, and not on ground floor in core area
as described above
Public buildings
Radio or television service and repair
Radio and television studio, without transmis
sion towers except on ground floor within the
core area as described above
Repair services for clothes, dolls, small appli
ances, watches, glasses and such other items
Restaurants
Retail sales, as defined in this title, with the
exception of those uses listed as conditional
uses in subsection B of this section and adult
businesses as defined in this title
(Bozeman 11-01)
18.32.030-18.32.060
Shoe repair and shoe shine shop
Sporting and athletic goods store
Tailor shop, less than five employees
Theater, excluding drive-in theater
Travel agency .
Upholstery shops, excluding on-site uphol
stering services of cars, boats, trucks and other
heavy equipment
Watch repair shop
Wholesale establishments that use samples,
but do not stock on premises
B. Conditional Uses.
Automobile body shops
Automobile service stations
Automobile upholstery shops
Bakeries, other than as listed as principal uses
in subsection A of this section.
Bar (tavern, cocktail lounge)
Bowling alley
Building materials sales
Bus terminal
Carwashes, hand operated
Civic centers
Convenience food restaurant
Convenience food store with gas pumps
Day care homes and centers
Essential services (Type II)
Hospitals
Mortuaries
Muffler sales and service shops
Offices, on ground floor within the core area
as described above
Restaurants serving alcoholic beverages
Retail uses in addition to those principle uses
listed in subsection A of this section
Sign paint shops (not including neon sign
fabrication)
Video arcades
Any use, except casinos, approved as part of a
planned unit development subject to the
provisions of Chapter 18.54
C. Accessory Uses.
Signs, as per Chapter 18.65
Refuse containers
Other buildings and structures typically acces
(Bozeman 11-0 I)
sory to permitted uses
Temporary buildings and yards incidental to
construction work.
(Ord. 1516 (part). 2000: Ord. 1514 (part). 2000: Ord.
1513 ~ I (Exh. A) (part), 2000)
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18.32.030 Lot area and width.
No minimum lot area or width is prescribed for the
B-3 district. (Ord. 1516 (part). 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2(00)
18.32.040 Lot coverage.
In the B-3 district, buildings may cover entire lot
providing other requirements are met. (Ord. 1516
(part). 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.32.050 Yarels.
A. No minimum yards prescribed for the B-3
district except a fifteen-foot front yard shall be
required on Mendenhall and Babcock Streets.
B. Where at least fifty percent of a block (from
cross-street to cross-street) in the B-3 district is
presently used for residential purposes and commer-
cial use is to be developed or expanded. a minimum
fifteen foot corner- side or front yard shall be
required from the streets on which the residential use
fronts.
C. All yards shall be subject to the provisions of
Section 18.50.060(D) when applicable. (Ord. 1516
(part), 2000: Ord. 1514 (part). 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.32.060 Building height.
Maximum building height in the B-3 district shall
be fifty-five feet. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 20(0)
342
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Chapter 18.34
M-l LIGHT MANUFACTURING DISTRICT
Sections:
18.34.010
18.34.020
18.34.030
18.34.040
18.34.050
18.34.060
Intent. '
Permitted uses.
Lot area and width.
Lot coverage.
Yards.
Building height.
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18.34.010 Intent.
The intent of the M-l1ight manufacturing district
is to provide for the community's needs for whole-
sale 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 mini-
mize adverse effects on residential development;
therefore, some type of screening may be necessary.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.34.020 Permitted uses.
Permitted uses in the M-l district are as follows:
A. Principal Uses.
Ambulance service
Automobile, boat or recreational vehicle sales,
service and/or rental
Automobile parking lot or garage (public or
private)
Automobile repair facilities
Bakery
Banks and other financial institutions
Building contractor's office
Building materials sales
Business and office machine sales, service and
repair shop
Cabinet shops
Churches
Community center or meeting hall
Convenience food restaurant
Essential services (Type n
Health and exercise center
18.34.010-18.34.020
Hotel or motel
Manufacturing, light, and completely indoors
Medical, dental or health clinic
Messenger or telegraph service station
Newsstand
Nursery, plant
Offices
Office supply and office equipment store
Optician
Public buildings
Radio and television studio, without transmis
sion towers
Repair and service establishment for light con
sumer goods, such as appliances and furniture
Research laboratories
Restaurant
Sign shops
Trade schools
Travel agency
Truck, bus and rail tenninal facilities
Warehousing
Warehousing, residential storage (mini-ware
housing)
B. Conditional Uses.
Automobile service station
Adult business, located no closer than five
hundred feet from any other adult use, home,
residential district, school, place of worship,
public park or any youth-oriented establish
ment
Amusement and recreational facilities
Animal shelters
Automobile washing establishment, drive
through
Automobile washing establishment, self-ser
vice
Day care center
Essential services (Type II)
Flour and feed mills
Food processing plants
Grain elevators
Machine shops
Personal and convenience services
Retail establishments other than principal uses
listed in subsection A of this section
343
(Bozeman 11-01)
18.34.030-18.34.060
Tennis and racquet clubs
Truck repair facilities
Truck stop
Truck service station
Truck washing establishment
Veterinary clinics '
Any use approved as part of a planned unit
development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
Personnel service facilities providing services,
education, recreation, entertainment, food and
convenience goods primarily for those per
sonnel employed in the principal use
Business signs
Outside storage if accessory to a principal use
and if screened from the street and sur
rounding properties by solid fence or dense
plantings at least six feet high
Trash receptacles
Other buildings and structures typically acces
sory to permitted uses
Temporary buildings and yards incidental to
construction
Any residential use which is clearly incidental
to the operation of a permitted principal or condi-
tional use, such as dormitories for the use of a
scientific research center, caretaker and watchman,
including residential use in connection with mini-
warehousing for office/watchman purposes. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.34.030 Lot area and width.
Lot area for the M-l district shall not be less than
seven thousand five hundred square feet and no lot
width shall be less than seventy-five feet and the lot
area shall provide all required yard areas and off-
street parking and loading. (Ord. 1516 (part), 2000:
Ord_ 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
(Bozeman 11.01)
18.34.040 Lot coverage.
In the M-l district, the entire lot, exclusive of
required yards and parking, may be occupied by the
principal and accessory buildings. (Ord. 1516 (part),
2000: Ord.1514 (part), 2000: Ord.1513 ~ 1 (Exh. A)
(part), 2000)
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18.34.050 Yards.
A. Every lot in the M-l district shall have the
following minimum yards:
Front yard 20 feet
Rear yard 3 feet, for structures only*
Side yards 3 feet, for structures only*
* When a lot is adjacent to or across the street from
another zone, the yard requirements shall be the same
as the adjoining zone and buildings shall be screened
with either a decorative fence or plantings. The
provisions of R.S, PLI, and BP shall be interpreted as
those of R-2.
B. Also, rear or side yards adjacent to alleys shall
be at least five feet.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(D) when applicable.) (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.34.060 Building height.
Maximum building height in the M-l district shall
be forty feet. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
Chapter 18.36
M-2 MANUFACTURING AND INDUSTRIAL
DISTRICT
Sections:
18.36.010
18.36.020
18.36.030
18.36.040
18.36.050
18.36.060
Intent.
Permitted uses.
Lot area and width.
Lot coverage.
Yards.
Building height.
344
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18.36.010 Intent.
The intent of the M-2 manufacturing and industrial
district is to provide for heavy manufacturing and
industrial uses, servicing vocational and employment
needs of Bozeman residents. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: 'Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
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18.36.020 Permitted uses.
Pennitted uses in the M-2 district are as follows:
A. Principal Uses. All principal uses permitted in
the M-l district, plus any manufacturing or industrial
use is provided in this district if in compliance with
all provisions of this title; however, no residential
uses, auto wrecking yards, junkyards or garbage
dumps shall be permitted except as conditional uses.
B. Conditional Uses.
Automobile service station, with or without
fuel dispensing
Adult businesses (iflocated no closer than five
hundred feet from any other adult business,
home, residential district boundary, school,
church, public park or any youth-oriented
establishment)
Amusement and recreational facilities
Animal shelters
Automobile washing establishment, drive
through
Automobile washing establishment, self-ser
vice
Day care center
Essential services (Type II)
Garbage transfer station
Junk salvage yards (if adequately screened)
Production manufacturing and generation
facilities (electric and gas)
Residences for owner or caretaker of junk
salvage yards
Retail establishments other than principal uses
listed in subsection A of this section
Solid waste landfill
Truck repair facilities
Truck stop
Truck service station
Truck washing establishment
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18.36.010---18.36.050
Veterinary clinics
Any use approved as part of a planned unit
development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
All accessory uses permitted in the M-l dis-
trict shall also be pennitted as accessory uses in the
M-2 district. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.36.030 Lot area and width.
There shall be no minimum lot area in the M-2
district, however no lot width shall be less than one
hundred feet and the lot area shall provide all re-
quired yard areas and off-street parking and loading.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.36.040 Lot coverage.
In the M-2 district, the entire lot, exclusive of
required yards and parking, may be occupied by the
principal and accessory buildings. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.36.050 Yards.
A. Every lot in the M-2 district shall have the
following minimum yards:
Front yard 20 feet
Rear yard 3 feet, for structures only*
Side yards 3 feet, for structures only*
* When a lot is adjacent to or across the street from
another zone, the yard requirements shall be the same
as the adjoining zone and buildings shall be screened
with either a decorative fence or plantings. The
provisions ofR-S, PLI and BP shall be interpreted as
those of R-2.
B. Also, rear or side yards adjacent to alleys shall
be at least five feet.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(D) when applicable. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
345
(Bozeman 11-01)
18.36.060-18.38.050
18.36.060 Building height.
The maximum building height in an M-2 district
shall be forty feet. (Ord. 1516 (part). 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
Chapter 18.38
BP BUSINESS PARK DISTRICT
Sections:
18.38.010
18.38.020
18.38.030
18.38.040
18.38.050
18.38.060
Intent.
Permitted uses.
Lot area and width.
Lot coverage.
Yards.
Building height.
18.38.010 Intent.
The intent of the business park district is to pro-
vide for high-quality settings and facilities for the
development of a wide range of compatible employ-
ment 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. (Ord. 1516 (part).
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2(00)
18.38.020 Permitted uses.
Permitted uses in the BP district are as follows:
A. Principal Uses.
Administrative and research office facilities
Essential services (Type I)
Laboratories, research and diagnostic
Manufacturing. light, and completely indoors
Pilot plants
Professional and business offices
Prototype development
Medical clinics
Hospitals
Technology research establishments
Temporary buildings. for and during con
stfUction only
(Bozeman 11-01) 346
B. Conditional Uses.
Banks and financial institutions
Trade schools
Day care centers
Essential services (Type II)
Health and exercise establishments
Any use approved as part of a planned unit
development subject to the provisions of
Chapter 18.54
C. Accessory Uses.
Fences
Personnel service facilities providing services.
education, food and convenience goods
primarily for those personnel employed in the
principal use
Signs, subject to Chapter 18.65
Refuse containers
Other buildings and structures typically acces
sory to permitted uses
Temporary buildings and yards incidental to
construction work.
Parking areas as required by Section
18.50.120. (Ord.1516(part).2ooo:0rd.1514(part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2(00)
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18.38.030 Lot area and width.
Lot area for the BP district shall not be less than
one acre. and no lot width shall be less than one
hundred fifty feet. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
18.38.040 Lot coverage.
Not more than sixty percent of the total lot area
shall be occupied by impervious surfaces in the BP
district. The remaining forty percent of the total lot
area shall be landscaped as defined in Section
18.50.100. (Ora. 1516 (part), 2000: Ord. 1514 (part).
2000: Ord. 1513 ~ 1 (Exh. A) (part). 2000)
18.38.050 Yards.
Every lot in the BP district shall have the follow-
ing minimum yards:
Front yard
Rear yard
Side yards
35 feet*
25 feet*
25 feet*
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* All yards fronting on public or private streets shall
be a minimum of thirty-five feet. Front, rear and side
yard requirements shall be increased three feet for
each additional five thousand square feet over total
gross floor area of twenty-five thousand square feet,
up to maximum requirement of forty feet for rear and
side yards and fifty feet for front yards.
(NOTE: All yards shall be subject to the provisions
of 18.50.060(D) when applicable.) (Ord.1516(part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.38.060 Building height.
Maximum building height in the B-P district shall
be thirty-eight feet for buildings with roof pitches of
3: 12 or greater and thirty-two feet for buildings with
flat roofs or with roof pitches ofless than 3: 12. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
Chapter 18.39
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PLI PUBLIC LANDS AND INSTITUTIONS
DISTRICT
Sections:
18.39.010
18.39.015
18.39.020
18.39.030
18.39.040
18.39.050
Intent.
Applicability.
Permitted uses.
Lot area and width.
Lot coverage.
Yards.
18.39.010 Intent.
The intent of the PLI public lands and institutions
district is to provide for major public and quasi-
public uses outside of other districts. Not all public
and quasi-public uses need to be classified PLI. Some
may fit within another district; however, larger areas
will be designated PLI. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.38.060-18.39.020
18.39.015 Applicability.
To the maximum extent allowed by state law, all
PLI development shall be subject to review and
approval by the city commission, based upon recom-
mendations received from the development review
committee and design review board, and shall be
required to comply with all applicable underlying
zoning requirements, as well as any requirements for
certificates of appropriateness as established in
design objective plans or other overlay district regu-
lations or guidelines. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.39.020 Permitted uses.
Permitted uses in the PLI district are as follows:
A. Principal Uses.
Ambulance service
Cemeteries
Essential services (Type I)
Museums, zoos, historic and cultural facilities
and exhibits
Other public buildings, i.e., fire and police sta
tions and municipal buildings
Public and nonprofit. quasi-public institutions,
i.e., universities, elementary, junior and senior
high schools and hospitals
Publicly owned land used for parks, play
grounds and open space
B. Conditional Uses.
All principal and any accessory uses shall be
subject to site plan review and any conditions re-
quired as part of site plan approval. Permitted condi-
tional uses in the PLI district shall include day care
centers, essential services (Type 11), and solid waste
landfill facilities.
C. Accessory Uses.
Other buildings and structures typically acces-
sory to permitted uses. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
347
(Bozeman 11-0 I)
18.39.030-18.40.020
18.39.030 Lot area and width.
The lot area and width requirement of the PLI
district is as follows: no requirement. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.39.040 Lot coverage.
In the PLI district, the entire lot, exclusive of
required yards and parking, may be occupied by the
principal and accessory buildings. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2(00)
18.39.050 Yards.
In the PLI district, there is no yard requirement
except when a lot is adjacent to another district. The
yards then shall be the same as the adjacent district.
(NOTE: All yards shall be subject to the provisions
of Section 18.50.060(0) when applicable.) (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
Chapter 18.40
HISTORIC MIXED USE DISTRICT
Sections:
18.40.010
18.40.020
Description and purpose.
Criteria for establishment of the
historic mixed use district.
Historic mixed use district
elements.
Initiation, procedures and notice.
18.40.030
18.40.040
18.40.010 Description and purpose.
Due to historical development patterns, certain
areas of the city are characterized by a mixture of
uses such as residential and commercial uses or
residential and industrial uses which are normally
segregated under standard zoning districts. In some
instances. provision for a continuation of a mixture of
uses will serve both the public interest and allow a
more equitable balancing of private interests than
would the utilization of a standard zoning district.
(Bozeman 11-01)
Because of the variety of circumstances which exist
in different areas of the city and the different treat-
ment accorded those areas in the master plan, it is not
possible to establish a zoning district with uniform
listing of uses and standards which is applicable to all
such areas. Therefore, the historic mixed use district
is intended to provide procedures and criteria for
recognition of such areas and for the development of
standards governing each application of the district to
a particular area. It is further intended that the
historic mixed use district will be very selectively
used. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.40.020 Criteria for establishment of the
historic mixed use district.
Before any area is designated as a historic mixed
use district, the city commission shall make affrrma-
tive findings that:
A. The area to be classified as a historic mixed
use district includes the approximate equivalent of at
least one standard city block three hundred feet by
three hundred feet, not held in single ownership
unless developed over time while held in multiple
ownership;
B. A special study of the area has been completed
showing how the proposed historic mixed use district
would be integrated with the surrounding area
consistent with the objectives of the master plan and
other applicable policies adopted by the city;
C. At least fifty percent of the lots to be classified
as an historic mixed use district are already
developed with structures;
D. The existing development has occurred over a
period of years and is characterized by a mixture of
uses not permissible under a single zoning clas-
sification and includes a representative sampling of
uses in the immediate area;
E. None of the standard zoning districts are
capable of or suitable for promoting the objectives of
the master plan applicable to preexisting noncon-
forming uses;
F. The uses to be permitted within the historic
mixed use district will be compatible with one an
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other and will provide a functional and healthful
environment;
G. The uses to be permitted and the development
standards to be applied in the proposed district will
promote the objectives of the master plan and other
applicable policies adopted by the city. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.40.030 Historic mixed use district elements.
Because the historic mixed use district is designed
to be applied to diverse situations, the specific
mixture of uses permitted and the development
standards required will have to be specified for each
application of the district to a particular area. There-
fore, the ordinance applying the historic mixed use
district to a specific area shall contain the following
elements:
A. A description and purpose section setting forth
the specific purposes the district is intended to
accomplish in the particular situation;
B. A use section setting forth the activities or
categories of activities to be permitted, or the per-
formance standards to be used in evaluating specific
activities. This section shall govern the uses within a
particular historic mixed use district;
C. A standards section setting forth general
development standards governing parking, coverage,
setbacks, height limitations, and other factors which
are either different than or supplemental to the nor-
mal standards of the code;
D. Exemption. When an area has been classified
as an historic mixed use district, the general building
and development standards set forth in Chapter 18.50
of this code shall govern, but not to the extent the
special development standards set forth under
Section 18.40.030(C) shall prevail. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.40.040 Initiation, procedures and notice.
A. Application for historic mixed use district
designation shall be administered under the provi-
sions established in Chapter 18.55, Text Amendment
and Rezoning Changes.
18.40.030-18.41.020
B. In addition, all HMUD applications shall be
reviewed by the design review board. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part). 2000)
Chapter 18.41
R-MH SINGLE-HOUSEHOLD MOBILE
HOME DISTRICT
Sections:
18.41.010
18.41.020
18.41.030
18.41.040
18.41.050
18.41.060
Intent.
Permitted uses.
Lot area and width.
Yards.
Building height.
Additional building and perform-
ance standards.
18.41.010 Intent.
The intent of the R-MH single-household mobile
home district is to provide for single-household
mobile home and single-household dwelling
developments and directly related complementary
uses within the city at a medium density. The district
is intended to be strictly residential in character with
a minimum of disturbances due to traffic or
overcrowding. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 15 13 ~ 1 (Exh. A) (part), 2000)
18.41.020 Permitted uses.
Permitted uses in the R-MH district are as follows:
A. Principal Uses.
Single-household detached residences
Single-household mobile homes
Public parks
Day care homes, family
Day care homes, group
Essential services (Type I)
Mobile home parks on sites of not less than
ten acres, with a minimum of twenty-five lots
Mobile home subdivisions on sites of not less
than ten acres
349
(Bozeman 11-01)
18.41.030-18.41.060
B. Conditional Uses.
Churches
Day care centers
Essential services (Type II)
Public buildings
Golf courses
Temporary sales and office buildings
Private recreational vehicle and boat storage
areas for more than two vehicles
Any use approved as part of a planned unit
development subject to the provisions of
Chapter 18.54.
C. Accessory Uses_
Accessory buildings and uses customarily inci-
dental thereto. No part of any mobile home park or
subdivision shall be used for nonresidential purposes,
except such uses that are required for direct servicing
and the well-being of park residents and for
management and maintenance of the park or subdi-
vision. Nothing in this section shall be deemed as
prohibiting the sale of a mobile home located on a
mobile home stand and connected to the pertinent
utilities.
Fences
Greenhouses
Home occupations
Private garages
Private or jointly owned community center
recreational facilities, pools, tennis courts,
spas, recreational vehicle and boat storage
areas for less than three vehicles
Tool sheds, for storage of domestic supplies
Temporary buildings and yards incidental to
construction work
Other buildings and structures customarily
ascessory to mobile home development.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.41.030 Lot area and width.
The minimum lot area for the R-MH district shall
be five thousand five hundred square feet where both
community water and sanitary sewer is available.
The minimum lot width shall be fifty-five feet. (Ord.
(Bozeman 11-01)
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.41.040 Yards.
Every lot shall have the following yards:
Front yard 20 feet
Rear yard 8 feet
Side yards 8/20* feet
Corner side yard 20 feet
* No side yard shall be less than 8 feet; at least one
side yard shall be 20 feet.
(NOTE: All yards shall be subject to the provisions
of 18.50.060 (D) when applicable.) (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.A)
(part), 2000)
18.41.050 BuDding height.
Maximum building height in the R-MH district
shall be thirty feet for buildings with roof pitches of
3:12 or greater and twenty-four feet for buildings
with flat roofs or with roof pitches of less than 3:12.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.41.060 Additional building and perform-
ance standards.
Development of any parcel of land within this
district shall be subject to all applicable requirements
of Chapter 18.50, including, but not limited to,
fences, parking, signs. landscaping and home
occupations. In addition, single-household mobile
home development will be subject to the following
general requirements:
A. Minimum Area for R-MH District.
I. The minimum total R-MH district shall be no
less than ten acres unless the applicant can show that
the minimum area requirements should be waived
because the waiver would be in the public interest
and that one or all of the following conditions exist:
a. Unusual physical features of the property
itself or of the surrounding area such that develop-
ment under the standard provisions of this title
would not be appropriate in order to conserve a
physical or terrain feature of importance to the
neighborhood or community; or
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b. The property is adjacent to or across the street
from property which has been developed under the
provisions of this section and will contribute to the
amenities of the area.
2. Waiver of the ten acre minimum may be
granted by the city commission.
B. Plumbing and Electrical Requirements. All
mobile home developments developed under this
chapter shall comply with Montana State Department
of Health regulation No. 54-500 or any amendment
thereto concerning plumbing and electrical
requirements.
C. Lot Improvements.
1. Utility Hookup. Every mobile home shall be
permanently connected to electric power, water
supply, sewage disposal, gas and telephone service
lines in compliance with applicable city codes, and
all utility distribution and service lines shall be
installed underground.
2. Permanent Foundations and Anchoring. All
mobile homes shall be required to be physically
connected to an approved permanent foundation.
Minimum permanent foundation standards for mobile
homes are available at the city building department.
Building penruts issued through the city building
department are required for the foundations.
3. Maintenance.
a. There shall be no exposed outdoor storage of
furniture (except lawn furniture), household goods,
tools, equipment, or building materials or supplies.
b. No mobile home may be parked on a public or
private street for more than twenty-four hours.
c. An abandoned, burned or wrecked mobile
home must be secured against entry as directed by
the fire chief and may not be kept on a lot for more
than forty-five days.
d. Each mobile home must bear an insignia
which attests that the construction of the mobile
home meets regulation A119.1 of the American
National Standards Institute (adopted by the U.S.
Department of Housing and Urban Development), or
be certified as meeting the Mobile Home Con-
struction and Safety Standards of the U.S. Depart-
ment of Housing and Urban Development.
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18.41.060
e. Standard mobile home skirting must be pro-
vided around the entire perimeter of the mobile home
between the bottom of the body of the mobile home
and the ground, except where the running gear has
been removed and the mobile home itself is attached
directly to the permanent foundation.
f. All required front yards of mobile home lots
shall be fully landscaped.
g. All private, commonly owned recreation areas
not devoted to buildings, structures, surfaced courts,
sand boxes, etc. shall be landscaped and irrigated.
D. Penruts and Inspections.
1. Move-In Permit Required. All mobile homes
moved into the city must be issued a move-in pennit,
pursuant to this section, and be inspected by the
building inspector, prior to gas and electric service
being turned on by the servicing utility. A copy of the
original sales contract shall be available for pennit
informational purposes.
2. City Inspection Required.
a. The required inspections for mobile homes
shall include on-site utilities requirements including
gas, electric, sewer and water, setback requirements,
and off-street parking requirements, fees for which
have been established by the city commission by
resolution.
b. It is unlawful for any person, firm, corporation
or agency to turn on, or allow to be turned on, any
gas or electric service without an inspection and
clearance from the building inspector of the city.
3. Non-Mobile-Home Improvements Subject to
the Uniform Building Code. Permits must be ob-
tained for additions, alterations, canopies, carports,
storage areas and detached refrigeration units that
were not included in the original sale of the mobile
home unit, fees for which are set by the Uniform
Building Code (Section 8-1) and Uniform Mechani-
cal Code (Section 9-4).
4. Owner's Responsibility. It shall be the re-
sponsibility of the individual property owners or, in
the case of a rental park, the managers of rental parks
to see that all sections of this article are complied
with, including requirements relative to placement of
mobile homes. and all required permits. (Ord. 1516
351
(Bozeman 11.0])
18.42.010
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
Chapter 18.42
NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT
Sections:
18.42.010
18.42.020
18.42.030
18.42.040
18.42.050
18.42.060
18.42.070
18.42.080
18.42.090
18.42.100
Intent and purpose.
Definitions.
Design review board and.
administrative design review staff
powers and duties within conser-
vation districts.
Conservation district designation
or recision.
Certificate of appropriateness.
Standards for certificates of
appropriateness.
Application requirements for
certificates of appropriateness in
conservation districts.
Deviations from underlying
zoning requirements.
Demolition or more of structures
or sites within the conservation
district.
Appeals.
18.42.010 Intent and purpose.
A. All new construction, alterations to existing
structures, movement of structures into or out of the
neighborhood conservation overlay district, hereinaf~
ter referred to as conservation district, or demolition
of structures by any means or process will be subject
to design review. The reconunendations of the design
review board or administrative design review staff
shall be given careful consideration in the final action
of any agency, board or commission involved in
conservation district development decisions.
B. This chapter defines and sets forth standards
which apply to conservation districts.
(Bozeman 11-01)
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 crite-
ria, as an acknowledged fact of the continuing de-
velopmental pattern of a dynamic, changing commu-
nity. The neighboring community shall be provided
notice and opportunity to comment upon the pro-
posed property improvements in accordance with
Section 18.52.055 and further, aggrieved persons
shall have the right to appeal any design review
decision made under the provisions of this chapter, in
accordance with Section 18.42.100 and Chapter
18.58.
D. In view of the fact that most of the area in-
cluded within the boundaries of the conservation
district was developed and built out prior to the
adoption of zoning and contemporary subdivision
regulations, construction, development pattern and
range of uses is highly diverse and frequently not in
compliance with conventional regulatory require-
ments. This chapterrecognizes that this diversity is a
major contributing element of the historic character
of these neighborhoods or areas. The provisions of
this chapter shall be applied in a manner that will
encourage the protection and enhancement of the
many diverse features for future generations.
E. The conservation district boundary is largely
cotenninous with the area surveyed in the effort that
led to the listing of eight districts and forty additional
landmark structures in the National Register of
Historic Places and includes the eight designated
districts and forty landmarks. This chapter sets forth
the means of protecting and enhancing the conserva-
tion district.
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F. It is further the purpose of the conservation
district designation to protect and enhance neighbor-
hoods or areas of significant land planning or archi-
tectural character, historic landmarks or other built or
natural features for the educational, cultural,
economic benefit or enjoyment of Bozeman citizens.
It will be the policy and responsibility of the admin-
istrative entities of this chapter to:
1. Protect, preserve, enhance and regulate struc-
tures, archaeological sites and areas that are remind-
ers of past eras, events or persons important in local,
state or national history; or which provide significant
examples of land planning or architectural styles or
are landmarks in the history of land planning and
architecture; or which are unique or irreplaceable
assets to the city and its neighborhoods; or which
provide examples of physical surroundings in which
past generations lived; or which represent and
express the unique characteristics of small agricultur-
al-based, western city developmental patterns;
2. Enhance property values through the stabili-
zation of neighborhoods and areas of the city, in-
crease economic and financial benefits to the city and
its inhabitants, and promote tourist trade and
interests;
3. Develop and maintain the appropriate envi-
ronment for buildings, structures, sites and areas that
reflect varied planning and architectural styles and
distinguished phases of Bozeman's history and
prehistory;
4. Stimulate an enhancement of human life by
developing educational and cultural dimensions,
which foster the knowledge of Bozeman's heritage,
and cultivate civic pride in the accomplishments of
the past;
5. Seek to maintain and enhance the many pri-
vate and public elements that are unique to the fabric,
theme and character of each neighborhood and area,
including but not limited to: lighting, pathways, street
trees, natural areas and other features that may, from
time to time, be identified by the citizens and
property owners of neighborhoods, areas, and
subsections thereof; and
6. Provide the neighboring community with
notice and opportunity to comment upon the pro-
18.42.020
posed property improvements in accordance with
Section 18.52.055, with the exception of certain
sketch plan applications with potentially little neigh-
borhood impact, and to further provide aggrieved
persons with the right to appeal review decisions
made under the provisions of this chapter, in accor-
dance with Section 18.42.100 and Chapter 18.58.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.42.020 Definitions.
Unless specifically defined below, words and
phrases in this chapter shall be interpreted so as to
give them the same meaning as set forth in the
principal definitions section (Chapter 18.04), or if not
so defined, shall have the same meaning as they have
in common usage and so as to give this chapter its
most reasonable application.
"Alteration" means 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
pri vate 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 Historic Register.
However, changes upon interior elements of private
residences, regardless of their location or historic
status, shall not be considered alterations as defined
in this section.
"Architectural appearance" means 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.
353
(Bozeman 11-01)
18.42.030
"Area" means a specific geographic division of the
city of Bozeman.
"Certificate" means a certificate of appropriate-
ness issued by the pertinent review authority indicat-
ing its approval of plans to alter a structure.
"Conservation district" means an area designated
as the neighborhood conservation overlay district on
the city zoning map pursuant to the procedures set
forth herein.
"Construction" means the act of adding to an
existing structure or erecting a new principal or
accessory structure.
"Demolition" means any act or process that de-
stroys, in part or whole, a structure or archaeological
site.
"Landmark" means a site, structure or object des-
ignated as a "landmark" pursuant to the procedures
prescribed herein, that is worthy of preservation,
restoration or rehabilitation because of its historic
land planning or architectural significance and offi-
cially recognized through listing in the National
Register. A landmark shall be subject to all conser-
vation district procedures and requirements.
"Light construction" means any change not con-
strued as an alteration or repair, including: paving of
established driving and parking areas (subject to the
requirements of Section 18.50.120); construction of
patios not greater than one hundred twenty 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).
"National Register" means the National Register
of Historic Places; a list, maintained by the U.S. De-
partment of Interior, of sites, properties, objects and
districts having local, state or national historical,
architectural or cultural significance.
"Preservation board" means the Bozeman historic
preservation advisory board.
"Relocation" means any movement of a structure
on the same site or to another site.
"Repair" means any change not otherwise con-
strued as light construction or an alteration, as herein
defined, that constitutes replacing broken, worn or
damaged materials with like, not necessarily
identical, materials and is insignificant to the size and
(Bozeman 11-01) 354
condition of the structure or property. Repainting
and reroofing shall be included under this definition
of repair. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 20(0)
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18.42.030 Design review board and admin-
instrative design review staff powers
and duties within conservation
districts.
It is intended that the design review board and
administrative design review staff will review devel-
opment within neighborhood conservation districts in
order to maintain underlying and desirable char-
acteristics of structures and areas within such dis-
tricts, while recognizing the need for innovation and
individual expression in the development of these
districts. In carrying out this mission, the design
review board and administrative design review staff
shall have the following powers and duties within
conservation districts:
A. The administrative design review staff is
empowered to implement conservation district pro-
cedures and requirements and, within the conserva-
tion districts is empowered to approve, conditionally
approve, or deny sketch plan applications as per
Section 18.42.070 and minor site plans, and to make
a recommendation to the final approval body for
conditional use permits for accessory dwelling units
or where no additional building area will be created,
and certain demolition applications as per Section
18.42.090 through the issuance or denial of
certificates of appropriateness;
B. The design review board is empowered to
recommend the approval, conditional approval or
denial of a certificate of appropriateness to the
body with final approval authority for major site
plan, conditional use pennit where additional
building area will be created, and planned unit
development applications. The design review
board is also empowered to approve, conditionally
approve or deny certain demolition applications as
per Section 18.42.090, or recommend such actions
to the body with the final approval authority;
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C. Both the design review board and administra-
tive design review staff are empowered to:
1. Develop and apply specific guidelines related
to such concerns as architectural appearance, land-
scape design and signage for the alteration of struc-
tures, sites or areas; ,
2. Review applicable development proposals,
applications for zoning amendments, or applications
for moving, demolition or any other kind of permit
that may affect properties within conservation dis-
tricts;
3. Call upon city staff or persons having techni-
cal expertise for advice;
4. Testify before all boards, commissions and
agencies on any matter affecting architecturally
significant sites, structures, objects, areas, neighbor-
hoods and districts;
5. Review any tax abatement or other incentive
programs being considered by the city commission
that are designed to stimulate preservation and reha-
bilitation of structures and properties, and to review
any proposed action or development utilizing these
abatement or incentive programs. (Ord. 1531 ~ 11,
2001; Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.42.040 Conservation district designation or
recision.
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 pres-
ervation board subject to the provisions of Chapter
2.80 of the Bozeman Municipal Code, Historic
Preservation Advisory Commission, and Chapter
18.55, Text Amendment and Rezoning Changes.
Property owner concurrence is necessary for the
designation or recision of landmark status. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.42.050 Certificate of appropriateness.
A certificate of appropriateness, received from
either the design review board, administrative design
review staff or the city commission, shall be required
18.42.040-18.42.060
before any and all alteration(s) other than repair as
defined herein, are undertaken upon any structure in
the conservation district. For alterations not requiring
city commission or planning board approval,
compliance with the design review board's or
administrative design review staff's decisions will be
mandatory subject to appeal to the city commission
as set forth in Chapter 18.58 of this title. Application
procedures are as follows:
A. No building, demolition, conditional use, sign
or moving permit shall be issued within the conser-
vation district until a certificate of appropriateness
has been issued by the appropriate review authority,
and until final action on the proposal has been taken.
B. Application, review and public notice proce-
dures for proposals located within the conservation
district are set forth in Chapter 18.5 I, Design Review
Board, Administrative Design Review Staff and
Development Review Committee and Chapter 18.52,
Plan Review and Approval. If the demolition or
move of structures or sites subject to the conservation
district requirements is proposed, the procedures in
Section 18.42.090 shall apply.
C~ A denial of a certificate shall be accompanied
by a written statement of reasons for the denial. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.42.060 Standards for certificates of
appropriateness.
A. All work performed in completion of an
approved certificate of appropriateness shall be in
general conformance with the Secretary of Interior's
Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings (Revised 1983),
published by U.S. Department of the Interior, Na-
tional Park Service, Preservation Assistance Divi-
sion, Washington, D.C., (available for review at the
Bozeman city-county planning office).
B. Architectural appearance design guidelines
used to consider the appropriateness and compat-
ibility of proposed alterations with original design
features of subject structures or properties and with
neighboring structures and properties shall focus
upon the following:
355
(Bozeman 11-0 I)
18.42.070-18.42.090
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 sur-
rounding structures;
7. Architectural details;
8. Concealment of nonperiod appurtenances,
such as mechanical equipment; and
9. Materials and color schemes (any require-
ments or conditions imposed regarding color
schemes shall be limited to the prevention of nui-
sances 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. nonperiod and innovative
design of new structures and additions to existing
structures shall be encouraged when such new con-
struction 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. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.42.070 Application requirements for
certificates of appropriateness in
conservation districts.
Applications for certificates of appropriateness
shall be made in conjunction with applications for
site plan approval, in accordance with Chapter 18.52
of this title. Where development projects in the
conservation district require only sketch plan review
as per Chapter 18.52 (i.e. single-household, two-
household, three-household and four-household
residential structures, each on individual lots; signs;
fences; property alterations; and certain amendments
to site plans), applications for certificates of
appropriateness shall be made on a form provided by
the planning office, and shall include the information
(Bouman 1).01) 356
and material as set forth in Chapter 18.52. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.42.080 Deviations from underlying zoning
requirements.
Because the development of much of historic
Bozeman preceded zoning and construction regula-
tions, many buildings within the conservation district
do not conform to contemporary zoning standards. In
order to encourage restoration and rehabilitation
activity that would contribute to the overall historic
character of the community, deviations from
underlying zoning requirements may be granted by
the city commission after considering the recom-
mendations of the design review board or adminis-
trative design review staff. The criteria for granting
deviations from the underlying zoning requirements
are:
A. Modifications shall be more historically ap-
propriate for the building and site in question and the
adjacent propcrrties, as determined by the standards in
Section 18.42.060, than would be achieved under a
literal enforcement of this title;
B. Modifications will have minimal adverse
effect on abutting properties or the permitted uses
thereof;
C. Modifications shall assure the protection of
the public health, safety and general welfare. Ap-
provals 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 condi-
tions in conformity with the intent and purpose set
forth in this chapter. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.42.090 Demolition or move of structures or
sites within the conservation
district.
The demolition or movement of any structure or
site within the conservation district shall be subject to
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the provisions of this chapter and section. The review
procedures and criteria for the demolition or move of
any structure or site within the conservation district
are as follows:
A Applications for the demolition or move of
structures within the cons~rvation district will not be
accepted without a complete submittal for the subse-
quent development or treatment of the site after the
demolition or move has occurred. The subsequent
development or treatment must be approved before a
demolition or moving permit may be issued.
B. The demolition or movement of Conservation
Overlay District principal and accessory structures or
sites, which are designated as intrusive or neutral
elements by the Montana Historical and Architectural
Inventory and are not within recognized historic
districts or in other ways listed on the Nation
Register of Historic Places shall be subject to review
and approval by the ADR staff as per Chapter 18.52
and the standards in Section 18.42.060. The Montana
Historical and Architectural Inventory Form shall be
reviewed and. if necessary, updated by the Historic
Preservation Officer to reflect current conditions on
the site, prior to the review of the demolition or
movement proposal. The final approval authority for
the demolition or move of structures or sites de-
scribed within this section shall rest with the
planning board when proposed in conjunction with a
major site plan application and with the city
commission when proposed in conjunction with a
major site plan, conditional use permit or planned
unit development application.
C. The demolition or movement of conservation
overlay district principal and accessory structures or
sites, which are designated as contributing elements
by the Montana Historical and Architectural
Inventory, and all properties within historic districts
and all landmarks, shall be subject to approval by the
city commission, through a public hearing. Notice of
the public hearing before the city commission shall
be provided in accordance with Section 18.52.055B.
Prior to the holding of a public hearing the city
commission shall receive a recommendation from
ADR staff and the design review board. The
Montana Historical and Architectural Inventory Form
18.42.090
shall be reviewed and, it necessary, updated by the
Historic preservation Officer to reflect current
conditions on the site, prior to the review of the
demolition or movement proposal. The final
approval authority for the demolition or movement of
structures or sites described within this section shall
rest with the city commission.
The city commission shall base its decision on the
following:
1. The standards in Section 18.42.060 and the
architectural, social, cultural and historical impor-
tance of the structure or site and their relationship to
the district as determined by the State Historic
Preservation Office and Bozeman historic preserva-
tion office.
2. If the commission finds that the criteria in sub
this section are not satisfied, then, before approving
an application to demolish or remove, the
commission must find that at least one of the
following factors apply based on definitive evidence
supplied by the applicant including structural analy-
sis and cost estimates indicating the costs of repair
and/or rehabilitation versus the costs of demolition
and redevelopment:
a. The structure or site is a threat to public health
or safety and that no reasonable repairs or alterations
will remove such threat; any costs associated with the
removal of health or safety threats must exceed the
value of the structure.
b. The structure or site has no viable economic or
useful life remaining.
D. If an application for demolition or moving is
denied, issuance of a demolition or moving permit
shall be stayed for a period of two years from the
date of the final decision in order to allow the appli-
cant 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 evi-
dence is presented to otherwise satisfy the require-
ments of subsection B or C of this section.
E. All structures or sites approved for demoli-
tion or moving shall be fully documented in a
manner acceptable to the historic preservation
357
(Bozeman 11-01)
18.42.1~18.43.040
officer and administrative design review staff prior to
the issuance of demolition or moving permits.
F. In addition to the remedies in Chapter 18.70,
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. (Ord. 1531
~ 13,2001; Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 15 13 ~ 1 (Exh. A)(part), 2(00)
18.42.100 Appeals.
Aggrieved persons, as defined in Chapter 18.58 of
this title, may appeal the decision of the adminis-
trative design review staff or design review board
pursuant to the provisions of said chapter. In such
event, the issuance of a certificate shall be stayed
until the appeal process has been satisfied. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2(00)
Chapter 18.43
BOZEMAN AREA ENTRYWAY CORWIDOR
OVERLAY DISTRICT
Sections:
18.43.010
18.43.020
18.43.030
Title.
Intent and purpose.
Application of entryway corridor
provisions.
Design review board and
administrative design review staff
powers and duties within
entryway corridors.
Certificate of appropriateness.
Design criteria and development
standards in entryway corridors.
Application requirements for
certificates of appropriateness in
entryway corridors.
Deviation from overlay or
18.43.040
18.43.050
18.43.060
18.43.070
18.43.080
(Bozeman II-OIl
underlying zoning requirements.
18.43.090 Appeals.
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18.43.010 Title.
These regulations shall be known as the Bozeman
area entryway corridor overlay district regulations
and may be cited as the entryway corridor regula-
tions. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.43.020 Intent and purpose.
A. There are several arterial corridors entering
Bozeman that introduce visitors and residents alike to
Bozeman. The visual attributes of these roadways
provide a lasting impression of the character of the
Bozeman. It is the intent and purpose of this chapter
to ensure the quality of development along these
corridors will enhance the impression and enjoyment
of the community both by guiding development and
change that occurs after the adoption of the ordinance
codified in this title and by stimulating and assisting,
in conjunction with other provisions of this title,
improvements in signage, landscaping, access and
other contributing elements of entry corridor
appearance and function.
B. It is the intent of this chapter to establish
design criteria, standards and review procedures that
will allow the city and its advisory boards and agen-
cies to review and direct, in a fair and equitable
manner, the development and redevelopment of
future and existing properties and facilities within the
entry corridors. The recommendations of the design
review board or administrative design review staff
shall be given careful consideration in the final action
of any agency, board or commission involved in
entryway corridor development decisions. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.43.040 Application of entryway corridor
provisions.
Entryway corridor provisions shall apply to all
entryway corridor areas as designated on the
Official city of Bozeman zoning map. The provi-
358
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sions of this chapter shall be applied in addition to
any other applicable regulations of this title.
Specifically, these provisions shall be applied to all
developments within such corridors as follows:
A. Class L All development wholly or partially
within six hundred sixty feet of the centerline of
the following roadways:
1. Interstate 90, within or adjacent to the
Bozeman city boundaries, measured from the center-
line of the outside lanes of the opposing roadways
and from the centerline of the access ramps;
2. Interstate 90 frontage roads within the
Bozeman city boundaries, whether or not they are
designated frontage roads;
3. U.S. 10, from the Iw901N0rth Seventh Avenue
Interchange west to the city boundaries;
4. U.S. 191, west from Ferguson Road to the
Bozeman city boundaries;
5. Nineteenth A venue, north from Durston Road
to the North 19th AvenuelInterstate 90 Interchange,
exclusive of the east side between Durston Road and
the south boundary of Covered Wagon Mobile Home
Park;
6. Oak Street, west from North Seventh Avenue
to North Nineteenth Avenue.
B. Class II. All development wholly or partially
within the lesser of one city block or three hundred
thirty feet of the centerline of the following road-
ways, with the exception of residentially zoned lots
(no exception for R-O district) that have no frontage
upon said roadways:
1. Seventh A venue, south from the 1-90 Inter-
change to Main Street;
2. Nineteenth A venue, south from Ourston Road
to the Bozeman city boundary, and the east side of
Nineteenth A venue, between the south boundary of
Covered Wagon Mobile Home Park and Durston
Road;
3. Main Street, east from Broadway to 1-90;
4. Main Street, west from Seventh A venue to
Ferguson Road;
5. Rouse Avenue and State Primary 86 (Bridger
Canyon Road) from Tamarack north and east to the
Bozeman city boundary;
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18.43.040
6. Oak Street, west from Nineteenth Avenue to
the east edge of Rose Park.
7. Oak Street, east from Seventh A venue to
Rouse Avenue. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.43.040 Design review board and
administrative design review staff
powers and duties within entryway
corridors.
The design review board and administrative design
review staff shall have the following powers and
duties within entryway corridors:
A. The administrative design review staff is
empowered to implement entry way corridor proce-
dures and requirements and, within the entryway
corridors is empowered to approve, conditionally
approve or deny sketch plan applications, and
conditional use pennits for accessory dwelling units
or where no new building area is created, through
the issuance or denial of certificates of appropriate-
ness.
B. The design review board is empowered to
recommend the approval, conditional approval or
denial of a certificate of appropriateness to the body
with final approval authority for major site plan,
conditional use pennits where additional building
area will be created, and planned unit development
applications.
C. Both the design review board and administra-
tive design review staff are empowered to:
1. Develop and apply specific guidelines related
to such concerns as architectural appearance, land-
scape design and signage for the construction and/or
alteration of structures, sites or areas;
2. Review applicable development proposals,
applications for zoning amendments, or applications
for moving, demolition or any other kind of permit
that may affect properties located within entryway
corridors;
3. Call upon city staff or persons having techni-
cal expertise for advice;
4. Testify before all boards, commissions and
agencies on any matter affecting entryway corridors.
359
(Bozeman 11-01)
18.43.050-18.43.060
(Ord. 1531 ~ 1, 2001; Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.43.050 Certificate of appropriateness.
A certificate of appropriateness, received from
either the design review board, administrative design
review staff, planning board or the city commission,
shall be required before any and all alteration(s) other
than repair as defined in Chapter 18.42, are
undertaken upon any structure in the entryway corri-
dor. For alterations not requiring city commission
approval, compliance with the design review board's
or administrative design review staff s decisions will
be mandatory subject to appeal to the city
commission as set forth in Chapter 18.58.
Application procedures are as follows:
A. No building, demolition, sign (if a deviation is
requested), conditional use or moving pennit shall be
issued within an entryway corridor until a certificate
of appropriateness has been issued by the appropriate
review authority, and until fmal action on the
proposal has been taken.
B. Application, review and public notice proce-
dures for proposals located within entryway corridors
are set forth in Chapter 18.51, Design Review Board,
Administrative Design Review Staff and
Development Review Committee, and Chapter 18.52,
Plan Review and Approval.
C. A denial of a certificate shall be accompanied
by a written statement of reasons for the denial. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.43.060 Design criteria and development
standards in entryway corridors.
The following general design criteria and devel-
opment standards shall apply to all development
occurring within the areas described in Section
18.43.030, above.
A. General Standards.
1. The development shall provide for adequate
open space, circulation, off-street parking, and perti-
nent amenities. Buildings, structures and facilities in
the parcel shall be integrated, oriented and related to
(Bozeman 11.01)
the topographic and natural landscape features of the
Bozeman area.
2. The proposed development shall be compati-
ble with existing and planned land use, and with
circulation patterns on adjoining properties. It shall
not constitute a disruptive element to adjacent or
nearby properties or to the environmental character
of the Bozeman area.
3. The proposed development shall also comply
with all applicable design standards and guidelines,
including entry way corridor design objectives plan.
B. Access Standards.
1. Initial access provision to properties fronting
on any Class I entryway corridor roadway shall be
designed so access points on said roadway are spaced
no more closely than every six hundred sixty feet.
Initial access provision to properties fronting on any
Class n entryway corridor roadway shall be designed
so access points on the roadway are spaced no more
closely than every three hundred thirty feet or one
city block.
2. Revised access schemes to previously devel-
oped or subdivided property shall consolidate access
points on entryway roadways whenever possible and
shall add no additional points of access to the road-
ways unless such addition can be demonstrated to
improve the operation of the entry way roadway. It
shall be the obligation of the applicant to detennine
an acceptable method of access to the property
including securing access easements from adjacent
properties, if necessary .
3. When addressing pre-existing development in
fully built-up areas, these access standard provisions
shall be interpreted in a practical manner allowing for
continuing reasonable access to properties along
entryway corridors.
C. Parking, Building and Landscape Standards.
In addition to the qualitative design standards and
guidelines in the entryway corridor design objectives
plan, parking areas and buildings shall be set back at
least fifty feet from any Class I entryway corridor
roadway right-of-way and at least twenty-five feet
from any Class II entryway corridor roadway right-
of-way. The setback from any entryway corridor
roadway right-of-way shall be landscaped,
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including the screening or buffering of parking
areas, through the use of berms, depressed parking,
native landscape materials surrounding and within
parking areas, or other means in order to preserve
the area's natural views. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Oed. 1513 ~ 1 (Exh. A)
(part), 2000
18.43.070 Application requirements for
certificates of appropriateness in
entryway corridors.
Applications for certificates of appropriateness
shall be made in conjunction with applications for
site plan approval, in accordance with Chapter 18.52.
Where development projects in the entryway corridor
require only sketch plan review as per Chapter 18.52
(i.e. single-household, two-household, three-
household and four-household residential structures,
each on individual lots; signs; fences; property alter-
ations; and certain amendments to site plans), appli-
cations for certificates of appropriateness shall be
made in conjunction with an application for sketch
plan review on a form provided by the planning
office, and shall include the information and material
as set forth in Chapter 18.52. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.43.080 Deviation from overlay or
underlying zoning requirements.
A. To accomplish the intent and purpose of this
chapter it may be necessary to deviate from the strict
application of the overlay or underlying zoning
requirements. Deviations from the underlying zoning
requirements may be granted by the city commission
after considering the recommendations of the design
review board or administrative design review staff.
E. The application for deviation shall be subject
to the submittal and procedural requirements of
Chapter 18.52, Plan Review and Approval. The
application shall be accompanied by written and
graphic material sufficient to illustrate the conditions
that the modified standards will produce. The city
commission shall make a determination that the
deviation will produce an environment, landscape
18.43.070-18.43.090
quality and character superior to that produced by the
existing standards, and which will be consistent with
the intent and purpose of this chapter, and with the
adopted design objectives plan for the particular
entry way corridor. Upon such a finding, the city
commission may authorize deviations of up to twenty
percent beyond or below minimum or maximum
standards, respectively, as established in the underly-
ing zoning district regulations. If the city
commission does not find that the proposed modified
standards create environment, landscape quality and
character superior to that produced by the existing
standards, and which will be consistent with the
intent and purpose of this chapter, and with the
adopted design objectives plan for the particular
entry way corridor, no deviation shall be granted.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
18.43.090 Appeals.
Aggrieved persons, as defined in Chapter 18.58,
may appeal the decision of the design review board
or the administrative design review staff pursuant to
the provisions of said chapter. In such event, the
issuance of a certificate shall be stayed until the
appeal process has been satisfied. (Ord. 1516 (part),
2000:0rd.1514(part),2000:0rd.1513~ I (Exh.A)
(part), 2000)
Chapter 18.44
FLOOD HAZARD DISTRICT
Sections:
18.44.010
18.44.020
18.44.030
18.44.040
18.44.050
18.44.060
18.44.070
Title.
Purpose.
Definitions.
Jurisdictional area.
Floodplain district establishment.
Floodplain administrator.
Rules for interpretation of
floodplain district boundaries.
Compliance with regulations.
Abrogation and greater respon-
18.44.080
18.44.090
361
(Bozeman 11-01)
18.44.010-18.44.020
18.44.100
18.44.110
18.44.120
18.44.130
18.44.140
18.44.150
18.44.160
18.44.170
18.44.180
18.44.190
18.44.200
18.44.210
18.44.220
18.44.230
18.44.240
18.44.250
18.44.260
18.44.270
18.44.280
18.44.290
18.44.300
18.44.310
18.44.320
18.44.330
18.44.340
18.44.350
18.44.360
18.44.370
(Bo",man 11.(1)
sibility.
Regulation interpretation.
Warning and disclaimer of
liability.
Disclosure provision.
Administration of regulations.
Pennit applications.
Emergency waiver.
Review-Variances-Appeals.
Fees.
Floodplain development- Com-
pliance.
Emergency preparedness
planning.
Applications-Specific standards.
Floodway-Uses allowed without
pennits.
Floodway-Uses requiring
pennits.
Floodway-Pennits for flood
control works.
Floodway-Pennits for water
diversions.
Floodway-Prohibited uses.
Floodway fringe-Uses allowed
without pennits.
Floodway fringe-Uses requiring
pennits.
Floodway fringe-Prohibited
uses.
Floodplain areas with flood
elevations and no delineated
floodway.
Shallow flooding (AO zones).
Applicability to unnumbered A
zones.
A zones-Uses allowed without
pennits.
A zones-Uses requiring permits.
A zones-Prohibited uses.
A zones-Floodplain boundary
interpretation.
Floodproofing requirements-
Certification.
Floodproofing requirements-
18.44.380
Confonnance.
Floodproofing requirements-
Electrical systems.
Floodproofing requirements-
Heating systems.
Floodproofing requirements-
Plumbing systems.
Violation notice.
Violatio~Penalty.
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18.44.390
18.44.400
18.44.410
18.44.420
18.44.010 Title.
These regulations shall be known and cited as the
Bozeman floodplain regulations. This chapter is in
accordance with exercising the authority of the laws
of the state of Montana. (Ord. 1516 (part). 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part).
2000)
18.44.020 Purpose.
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 flood-
plain. This chapter has been established with the
following purposes intended:
A. To guide development of the one hundred-
year floodplain within the Bozeman city limits
consistent with the enumerated findings by:
I. Recognizing the right and need of water-
courses to periodically carry more than the normal
flow of water; and
2. Participating in coordinated efforts of federal.
state, and local management activities for one hun-
dred-year floodplains; and
3. Ensuring the regulations and minimum stan-
dards adopted, insofar as possible. balance the great-
est public good with the least private injury.
B. Specifically it is the purpose of this chapter to:
1. Restrict or prohibit uses that are dangerous to
health, safety, and property in times of flood, or that
cause increased flood heights and velocities; and
2. Require that uses vulnerable to floods. includ-
ing public facilities. be provided with flood protec-
tion at the time of initial construction; and
3. Identify lands unsuitable for certain develop-
ment purposes because of flood hazards; and
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4. Minimize the need for rescue and relief efforts
associated with flooding undertaken at the expense of
the general public; and
5. Ensure potential buyers are notified that prop-
erty is within a one hundred-year floodplain and
subject to the provisions of these regulations; and
6. Ensure that those who occupy one hundred-
year floodplains assume responsibility for their
actions. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.44.030 Definitions.
Unless specifically defined below, words or
phrases used in these regulations shall be interpreted
to give them the meaning they have in common
usage and to give these regulations the most reason-
able application.
"Act" means the Montana Floodplain and Flood-
way Management Act, Sections 76-5-101 through
406, MCA.
"Alteration" means any change or addition to a
structure that either increases its external dimensions
or increases its potential flood hazard.
"Appeal" means a request for a review of the
floodplain administrator's interpretation of any pro-
visions of these regulations or a request for a vari-
ance.
"Area of special flood hazard" means the land in
the floodplain within the community subject to
inundation by a one percent or greater chance of
flooding in any given year, Le., the one hundred-year
floodplain.
"Artificial obstruction-Development" means any
obstruction which is not natural and includes any
dam, diversion, wall, riprap, embankment, levee,
dike, pile, abutment, projection, revetment, excava-
tion, channel rectification, bridge, conduit, culvert,
building, refuse, automobile body, fill, or other
analogous structure or matter in, along, across or
projecting into anyone hundred-year floodplain
which may impede, retard, or alter the pattern offlow
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 down-
e
18.44.030
stream to the damage or detriment of either life or
property.
"Base flood" means a flood having a one percent
chance of being equaled or exceeded in any given
year. A base flood is the same as a one hundred-year
flood.
"Base flood elevation" means the elevation above
sea level of the base flood in relation to National
Geodetic Vertical Datum of 1929 unless otherwise
specified in the flood hazard study.
"Channelization project" means the excavation
and/or construction of an artificial channel for the
purpose of diverting the entire flow of a stream from
its established course.
"Establish" means to construct, place, insert, or
excavate.
"Existing manufactured home park or subdivision"
means a manufactured home park or subdivision
where the construction of facilities for servicing the
manufactured homes lots is completed before the
effective date of the floodplain management regula-
tions. This includes, at a minimum, the installation of
utilities, the construction of streets, and either final
site grading or the pouring of concrete pads.
"FEMA" means the Federal Emergency Manage-
ment Agency.
"Flood" or "flooding" means a general and tem-
porary 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" means the map on
which FEMA has delineated both the one hundred-
year floodplains and the risk premium zones.
"Flood insurance study" means the report in which
FEMA has provided flood profiles, as well as the
Flood BoundarylFloodway Map and the water
surface profiles.
"Floodplain" means the areas subject to these
regulations, generally adjoining a stream, that would
be covered by floodwater of a base flood except for
designated shallow flooding areas that receive less
than one foot of water per occurrence. The floodplain
consists of a flood way and floodway fringe.
363
(Bozeman J 1-01)
18.44.030
"Flood Insurance Study" means the report in
which FEMA has provided flood profiles, as well as
the Flood Boundary/Floodway Map and the water
surface profiles.
"Floodplain" means the areas subject to these
regulations, generally adjoining a ~tream, that would
be covered by floodwater of a base flood except for
designated shallow flooding areas that receive less
than one foot of water per occurrence. The floodplain
consists of a floodway and flood way fringe.
"Floodway" means the channel of a stream and the
adjacent overbank areas that must be reserved in
order to discharge a base flood without cumulatively
increasing the water surface elevation more than one-
half foot.
"Floodway fringe" means that portion of the
floodplain outside the limits of the floodway.
"Levee" means 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" means 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.
"Lowest floor" means any floor used for living
purposes, storage or recreation. This includes any
floor that could be converted to such a use.
"Manufactured home" means a structure that is
transportable in one or more sections, built on a
permanent chassis, and designed to be used with or
without a permanent foundation when connected to
the required utilities. This does not include recre-
ational vehicles.
"Manufactured home park or subdivision" means a
parcel or contiguous parcels of land divided into two
or more manufactured home lots for rent or sale.
"Mean sea level" means the National Geodetic
Vertical Datum (NGVD) of 1929 or other datum to
which base flood elevations are references.
"New construction" means structures for which
construction, substantial improvement, or alteration
(Bozeman 11-0 I)
commences on or after the effective date of these
regulations.
"Official floodplain maps" means the Flood In-
surance Rate Maps and Aood Boundary/Floodway
Maps provided by FEMA for the city dated July 15,
1988.
"One hundred-year flood" means a flood having a
one percent chance of being equaled or exceeded in
any given year. A one hundred-year flood has nearly
a twenty-three percent chance of occurring in a
twenty-five-yearperiod. A one hundred year flood is
the same as a base flood.
"Permit issuing authority" means the Bozeman
city commission.
"Recreational vehicle" means a vehicle which is
(1) built on a single chassis; (2) four hundred square
feet or less when measured at the largest horizontal
projections; (3) designed to be self-propelled or
permanently towable by a light duty truck; and (4)
designed primarily for use as temporary living quar-
ters for recreation, camping, travel, or seasonable
use, not for use as a permanent dwelling.
"Riprap" means stone, rocks, concrete blocks or
analogous material that is placed along the banks or
bed of a stream to alleviate erosion.
"Start of construction" means the commencement
of clearing, grading, filling or excavating to prepare a
site for construction.
"Structure" means a walled and roofed building,
manufactured home, a gas or liquid storage tank,
bridge, culvert, dam, diversion, wall revetment, dike,
or other projection which may impede, retard or alter
the pattern of flow of water.
"Substantial damage" means damage sustained by
a structure where the cost of restoring the structure to
its condition before damage would equal or exceed
fifty percent of the market value of the structure
before the damage occurred.
"Substantial improvement" means any repair,
reconstruction or improvement of a structure, the cost
of which equals or exceeds fifty 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
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364
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18.44.040--18.44.090
purposes of this definition, substantial improvement
is considered to occur when the first construction to
any wall, ceiling, floor or other structural part of the
building commences. The term does not include:
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 assure safe living conditions, or
b. Any alteration of a structure listed on the
National Register of Historic Places or State Inven-
tory of Historic Places.
"Suitable fill" means fill material which is stable,
compacted, well-graded, pervious, generally unaf-
fected 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.
"Variance" means a grant of relief from the re-
quirements of this chapter that would permit con-
struction in a manner otherwise prohibited by this
chapter.
"Violation" means the failure of a structure or
other development to be fully compliant with this
chapter. A structure or other development without
elevation certificate, certification by a licensed engi-
neer or architect of compliance with these regula-
tions, or other evidence of compliance is presumed to
be in violation until such time as documentation is
provided. (Ord. 1514 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.44.040 Jurisdictional area.
This chapter shall apply to all lands within the
zoning jurisdiction of the city of Bozeman, state of
Montana, shown on the official floodplain maps as
being located within a one-hundred year floodplain
district. (Ord. 1514 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 20(0)
18.44.050 Floodplain district establishment.
The floodplain districts established are defined by
the base flood elevations and one hundred-year flood
plains as delineated in the flood insurance study. The
basis for the flood insurance study is a scientific and
engineering report entitled The Aood Insurance
Study for the City of Bozeman, Montana, dated July
15, 1988, with accompanying Aood Insurance Rate
Maps and Aood Boundary/Floodway Maps. The
official floodplain maps, together with the flood
insurance study are on file in the office of the
floodplain administration. (Ord. 1514 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.44.060 Floodplain administrator.
The city floodplain administrator has been desig-
nated to be the city engineer. The responsibilities of
this position are outlined in Section 18.44.130. (Ord.
1514 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.44.070 Rules for interpretation of
floodplain district boundaries.
The boundaries of the one hundred-year floodway
shall be detennined by scaling distances on the
official floodplain maps and using the flood way data
table contained in the flood insurance study report.
The maps may be used as a guide for determining the
one hundred-year floodplain boundary, but the exact
location of the floodplain boundary shall be deter-
mined where the base flood elevation intersects the
natural ground. (Ord. 1514 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.44.080 Compliance with regulations.
No structure or land use shall be located, extended,
converted or structurally altered without full
compliance with the provisions of these regulations
and other applicable regulations. These regulations
meet the minimum floodplain development require-
ments as set forth by the Montana Board of Natural
Resources and Conservation and the National Aood
Insurance Program. (Ord. 1514 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2(00)
18.44.090 Abrogation and greater
responsibility .
It is not intended by this chapter to repeal, abro-
gate, or impair any existing easements, covenants,
365
(Bozeman ll-{)l)
18.44.100---18.44.130
deed restrictions, or underlying zoning. However,
where this chapter imposes greater restrictions, the
provisions of this chapter shall prevail. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 9 1
(Exh. A) (part), 2000)
18.44.100 Regulation interpretation.
The interpretation and application of the provi-
sions of these regulations shall be considered mini-
mum 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.
(Ord. 1516 (part), 2000 : Ord. 1514 (part), 2000: Ord.
1513 9 1 (Exh. A)(part), 2000)
18.44.110 Warning and disclaimer of liability.
This chapter does not imply that areas outside the
delineated floodplain boundaries or permitted land
uses will always be totally free from flooding or
flood damages. These regulations shall not create a
liability or cause of action against the city or any
officer or employee thereof for flood damages that
may result from reliance upon these regulations.
(Ord. 1516(part), 2000: Ord. 1514 (part), 2000: Ord.
1513 9 1 (Exh. A)(part), 2000)
18.44.120 Disclosure provision.
All owners of property in an identified one hun-
dred-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 chapter. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 9 I (Exh. A)(part), 2000)
18.44.130 Administration of regulations.
A. As provided in Section 18.44.060, the flood-
plain administrator has been designated by the city
commission, and has the responsibility of such
position as outlined in this chapter.
1. The floodplain administrator is appointed with
the authority to review floodplain development
permit applications, proposed uses, and construction
to determine compliance with these regulations. The
floodplain administrator is required to assure all
necessary permits have been received from those
(Bozeman 11.(1)
governmental agencies from which approval is re-
quired by federal and state law and local codes,
including Section 404 of the Federal Water Pollution
Control Act of 1972,33 U.S.c. 1334, and under the
provisions of the Natural Streambed and Land
Preservation Act.
2. Additional Factors. Floodplain development
permits shall be granted or denied by the floodplain
administrator on the basis of whether the proposed
establishment, alteration or substantial improvement
of an artificial obstruction meets the requirements of
this chapter. Additional factors that shall be con-
sidered for every permit application are:
a. The danger to life and property due to in-
creased flood heights, increased flood water veloci-
ties, 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
comprehensive plan 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 hannony with the
purposes of these regulations, the Montana Flood-
plain and Floodway Management Act, and the Na-
tional Flood Insurance Program.
3. A floodplain development permit application
is considered to have been automatically granted
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366
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sixty days after the date of receipt of the application
by the floodplain administrator unless the applicant
has been notified that the permit is denied, condi-
tionally approved, or additional information pertinent
to the permit review process is required.
4. The floodplain administrator shall adopt such
administrative procedures as may be necessary to
efficiently administer the provision of these regula-
tions.
5. The floodplain administrator shall maintain
such files and records as may be necessary to docu-
ment nonconforming uses, base flood elevations,
floodproofing and elevation certifications, fee re-
ceipts, the issuance of permits, agenda, minutes,
records of public meetings, and any other matters
related to floodplain management in the Bozeman
zoning jurisdictional area. Such files and records
shall be open for public inspection. In matters of
litigation, the city attorney may restrict access to
specific records.
6. The floodplain administrator may require
whatever additional information is necessary to
determine whether the proposed activity meets the
requirements of these regulations. Additional infor-
mation 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 satis-
fied.
7. Upon receipt of an application for a permit or
a variance, the floodplain administrator shall prepare
a notice containing the facts pertinent to the
application and shall publish the notice at least once
in a newspaper of general circulation in the area.
Notice shall also be served by first-class mail upon
adjacent property owners and the Department of
Natural Resources and Conservation (DNRC) Flood-
plain Management Section. The notice shall provide
a reasonable period of time, not less than fifteen
days, for interested parties to submit comments on
the proposed activity.
8. Copies of all permits granted must be sent to
the Department of Natural Resources and Conserva-
tion in Helena, Montana.
]8.44.140
In riverine situations, notifications by the
floodplain administrator must be made to adjacent
communities, the Floodplain Management Section
(DNRC), and FEMA prior to any alteration or relo-
cation of a stream. The flood-carrying capacity
within the altered or relocated portion of any stream
must be maintained. Erosion control measures shall
be incorporated to ensure stability of altered channels
and stream banks. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.44.140 Permit applications.
A. Activities or uses that require the issuance of a
permit, including the expansion or alteration of such
uses, shall not be initiated, established or undertaken
until a permit has been issued by the floodplain
administrator .
B. Permit applicants shall be required to furnish
the following information as deemed necessary by
the floodplain administrator for determining the
suitability of the particular site for the proposed use:
I. Plans in duplicate drawn to scale (including
dimensions) showing the nature, location and eleva-
tion of the lot; existing and proposed structure loca-
tions; fill, storage, or materials site; flood proofing
measures; mean sea level elevation of first floor of
proposed structures; and location of the channel and
limits of one hundred-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, exca~
vating, grading, riprapping, storage or 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;
S. Certification offloodproofing and/or
elevation shall be provided on a standard form
available from the floodplain administrator.
367
(Bozeman 11-01)
18.44.150-18.44.160
C. To determine that the permit specifications
and conditions have been completed, applicants who
have received permits are required to furnish the
following at the time of an on-site conformance
inspection:
1. Certification by a registered professional
engineer or licensed land surveyor of the actual mean
sea level elevation of the lowest floor (including
basement) of all new, altered or substantially
improved buildings;
2. If floodproofing techniques were used for
buildings, the mean sea level elevation to which the
floodproofing was accomplished must be certified by
a structural engineer or licensed architect in the same
manner;
3. Certification shall also be required, for artifi-
cial obstructions other than buildings, that the activi-
ty was accomplished in accordance with these regu-
lations and the design plans submitted with the
application for the permit activity. This certification
may be waived by the floodplain administrator if it
can be clearly ascertained by a site inspection that the
activity was accomplished in accordance with these
regulations.
4. Certification offloodproofmg and/or elevation
shall be provided on a standard form available from
the floodplain administrator. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh.
A) (part), 2000)
18.44.150 Emergency waiver.
A. Emergency repair and replacement of severely
damaged public transportation facilities, public water
and sewer facilities, and flood control works may be
authorized. Floodplain development permit require-
ments may be waived if:
I. Upon notification and prior to emergency
repair and/or replacement, the floodplain administra-
tor determines that an emergency condition exists
warranting immediate action; and
2. The floodplain administrator agrees upon the
nature and type of proposed emergency repair and/or
replacement.
S. Authorization to undertake emergency repair
and replacement work may be given verbally if the
(Bozeman 11-01)
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. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.44.160 Review- Variances-Appeals.
A. There is created a local floodplain manage-
ment board of adjustment, the membership, adminis-
tration, and rules of procedure of which are identical
to a zoning board of adjustment.
B. The board of adjustment may, by variance,
grant a permit that is not in compliance with the
minimum standards contained in these regulations
according to the following procedures:
1. Variances shall not be issued for areas within
a floodway if any additional increase in flood eleva-
tions or velocities after allowable encroachments into
the floodway fringe would result;
2. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that refusal of a permit due to
exceptional circumstances would cause a unique or
undue hardship on the applicant or community
involved;
c. A determination that the granting of a variance
will not result in increased flood hazards, present
additional threats to public safety, be an extraor-
dinary public expense, create nuisances, cause fraud,
victimize the public, or conflict with existing state
and local laws;
d. A determination that the proposed use would
be adequately floodproofed;
e. A determination that a reasonable alternate
location outside the floodplain is not available;
f. A determination that the variance requested is
the minimum necessary to afford relief, considering
the flood hazard; and
g. Approval of the Montana Department of
Natural Resources and Conservation, upon request
from the permit issuing authority, prior to formally
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approving any permit application that is in variance
to these regulations.
3. Variances shall be issued in writing from the
penn it issuing authority and shall notifY the applicant
that:
a. A specific variance' is granted, and certain
conditions may be attached;
b. The issuance of a variance to construct a
building below the one hundred-year floodplain
elevation will result in increased premium rates; and
c. Such construction below the one hundred-year
flood elevation increase risks to life and property.
The floodplain administrator shall maintain records
of the variance notification and actions, including
justification for their issuance, and forward copies of
all variance actions to the Montana Department of
Natural Resources and Conservation and the Federal
Emergency Management Agency.
C. Appeal of any decision of the permit issuing
authority, its officers, or agencies may be taken by an
aggrieved person or persons, jointly or separately, to
a court of record. (Ord. 1516(part),2000:0rd. 1514
(part), 2000: Ord. 1513 S I (Exh. A) (part), 2000)
18.44.170 Fees.
Fees shall be established by resolution ofthe city
commission and shall be submitted with each permit
application. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 9 1 (Exh. A)(part), 2000)
18.44.180 Floodplain development- Compli-
ance.
Any use, arrangement, or construction not in
compliance as authorized by permit, shall be deemed
a violation of this chapter and punishable as provided
in Section 18.44.420. An applicant is required to
submit certification by a registered professional
engineer, architect, land surveyor, or other qualified
person designated by the floodplain administrator
that finished fill and lowest building floor elevations,
flood proofing, hydraulic design, or other flood
protection measures were accomplished in
compliance with these regulations. (Ord. 1516 (part),
2000: Ord. ] 514 (part), 2000: Ord. 1513 S ] (Exh. A)
(part), 2000)
18.44.170-18.44.210
18.44.190 Emergency preparedness-plan-
ning.
In formulating community development goals, the
community shall consider the development of a plan
for evacuating residents of all manufactured home
parks or subdivisions located within flood prone
areas. This plan should be developed, filed with, and
approved by appropriate community emergency
management authorities. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 9 1 (Exh. A)
(part),2000)
18.44.200 Applications-Specific standards.
The minimum floodplain development standards
listed in this chapter apply to the floodway and
floodway fringe portions of the one hundred-year
floodplain as delineated on the flood hazard area
maps. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 9 1 (Exh. A)(part), 2000)
18.44.210 Floodway-Uses allowed without
permits.
The following open space uses shall be allowed
without a permit within the floodway, provided that
such uses conform to the provisions of Sections
18.44.360 through 18.44.400; are not prohibited by
any other ordinance, resolution or statute; and do not
require filled, excavation, permanent storage of
materials, or equipment or structures other than
portable structures:
A. Agricultural uses;
B. Accessory uses such as loading and parking
areas, or emergency landing strips associated with
industrial and commercial facilities;
C. Private and public recreational uses such as
golf courses, driving ranges, archery ranges, picnic
grounds, boat-launching ramps, parks, wildlife man-
agement and natural areas, game farms, fish hatcher-
ies, shooting preserves, target ranges, trap and skeet
ranges, hunting and fishing areas, and hiking or
horseback riding trails;
D. Forestry, including processing offorest prod-
ucts with portable equipment;
E. Residential uses such as lawns, gardens,
parking areas and play areas;
369
(Bozeman 11-01)
18.44.220
F. Irrigation and livestock supply wells, provided
that they are located at least five hundred feet from
domestic water supply wells;
G. Fences, except permanent fences crossing
channels; and
H. Recreational vehicles provided that they be on
the site for fewer than one hundred eighty con-
secutive days, or be fully licensed and ready for
highway use. A recreational vehicle is ready for
highway use if it is on its wheels or jacking system
with wheels intact, is attached to the site only by
quick disconnect type utilities and security devices,
and has not permanently attached additions. (Ord.
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ I (Exh. A) (part), 2000)
18.44.220 Floodway-Uses requiring permits.
The following artificial obstructions may be per-
mitted in the floodway subject to the issuance of a
permit by the floodplain administrator:
A. Excavation of material from pits and pools
provided that:
1. 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;
2. The excavation meets all applicable laws and
regulations of other local and state agencies; and
3. Excavated material is disposed of or stock-
piled outside the floodway.
B. Railroad, highway and street stream crossings
provided the crossings are designed to offer minimal
obstruction to flood flow. Stream crossings shall not
increase the elevation ofthe one hundred-year flood
more than one-half foot nor cause a significant
increase in flood velocities.
C. Limited filling for highway, street and railroad
embankments not associated with stream crossings,
provided that:
I. Reasonable alternate transportation routes
outside the designated floodway are not available,
and
2. Such floodway encroachment is located as far
from the stream channel as possible and shall not
(Bozeman 11-0 I )
result in a cumulative increase in base flood eleva-
tions, after allowable encroachments into the flood-
way fringe, exceeding one.half foot.
D. During or suspended utility transmission lines,
provided that:
1. Suspended utility transmission lines are de-
signed so the lowest point of the suspended line is at
least six feet higher than the base flood elevation;
2. Towers and other appurtenant structures are
designed and placed to withstand and minimally
obstruct flood flows; and
3. Utility transmission lines carrying toxic or
flammable materials are buried to a depth of at least
twice the calculated maximum depth of scour for a
one hundred-year flood. The maximum depth of
scour shall be determined by hydraulic engineering
methods acceptable to the floodplain administrator.
E. Storage of materials and equipment, provided
that:
I. The material or equipment is not subject to
major damage by flooding and is properly anchored
to prevent floatation or downstream movement, or
2. The material or equipment is readily movable
within the limited time available after flood warning.
Storage of flammable, toxic, hazardous or explosive
materials shall not be permitted.
F. Domestic water supply wells, provided that:
I. They are driven or drilled wells located on
ground higher than the surrounding ground to assure
positive drainage from the well;
2. Well casings are watertight to a distance of at
least twenty-five feet below the ground surface;
3. Water supply and electrical lines have a
watertight seal where the lines enter the casing;
4. All pumps, electrical lines and equipment are
either submersible or adequately floodproofed; and
5. Check valves are installed on main water lines
at wells and at all building entry locations.
G. Buried and sealed vaults for sewage disposal
in recreational areas, provided they meet applicable
laws and standards administered by the Montana
Department of Health and Environmental Sciences.
H. Public or private campgrounds, provided that:
I. Access roads require only limited fill and do
not obstruct or divert flood waters; and
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2. Recreational vehicles and travel trailers are
licensed and ready for highway use. They are ready
for highway use if on wheels or jacking system with
wheels intact, are attached to the site with only quick
disconnect type utilities and securing devices, and
have no permanently attached additions.
L Structures accessory to the uses permitted in
this section such as boat docks, marinas, sheds,
picnic shelters, tables and toilets provided that:
1. The structures are not intended for human
habitation;
2. The structures will have a low flood damage
potential;
3. The structures will, insofar as possible, by
located on ground higher than the surrounding
ground and as far from the channel as possible;
4. The floodproofing standards of Sections
18.44.360 through 18.44.400 are met; and
5. The structures will be constructed and placed
so as to offer minimal obstruction to flood flows and
are anchored to prevent flotation.
J. Replacement of manufactured homes in an
existing manufactured home park or subdivision on a
developed site with servicing utilities. The replace-
ment home must be elevated on a permanent foun-
dation so the lowest floor is two feet above the base
flood elevation or thirty-six inches in height above
grade. The foundation must be reinforced concrete,
reinforced mortared block, reinforced piers, or other
foundation elements of at least equivalent strength.
The manufactured home chassis must be securely
anchored to the foundation system so that it will
resist floatation, collapse and lateral movement.
Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground
anchors.
K. Substantial improvements to any structure
provided that the provisions of subsections C, D or E
of Section 18.44.270 are met. In the floodway the
structure must be flood proofed or elevated on a
permanent foundation rather than on filL
L. All other artificial obstructions, substantial
improvements or nonconforming uses not specifical-
ly listed or prohibited hy these regulations. (Ord.
18.44.230
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
9 1 (Exh. A) (part), 2000)
18.44.230 Floodway-Permits for flood
control works.
Flood control works shall be allowed within
floodways subject to the issuance of a permit by the
floodplain administrator with the following condi-
tions:
A. Levees and floodwalls are permitted if:
1. The proposed levee or floodwall is designed
and construed to safely convey a one hundred-year
flood; and
2. The cumulative effect of the levee or
floodwall combined with allowable floodway fringe
encroachments does not increase the unobstructed
base flood elevation more than 0.5 foot. The flood-
plain administrator may establish either a lower or
higher permissible increase in the base flood eleva-
tion for individual levee projects only with concur-
rence from the Montana Department of Natural
Resources and Conservation and the Federal Emer-
gency Management Agency based upon consider-
ation of the following criteria:
a. The estimated cumulative effect of any antici-
pated future permissible uses, and
b. The type and amount of existing flood-prone
development in the affected area.
3. The proposed levee or floodwall, except those
to protect agricultural land, is constructed at least
three feet higher than the base flood elevation;
B. Riprap, except that which is handplaced, if:
1. The riprap is designed to withstand a one
hundred-year flood,
2. The riprap does not increase the base flood
elevation, and
3. The riprap will not increase erosion upstream,
downstream, or adjacent to the riprap site;
C. Channelization projects ifthey do not signifi-
cantly increase the magnitude, velocity, or base flood
elevation in the proximity ofthe project;
D. Dams, provided that:
1. They are designed and constructed in accor-
dance with the Montana Dam Safety Act and appli-
cable safety standards, and
371
(Bozeman 11.0 I )
18.44.240--18.44.270
2. They will not increase flood hazards down-
stream, either through operational procedures or
improper hydraulic design. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
18.44.240 Floodway-Pennits for water
diversions.
Permits for the establishment of a water diversion
of change in place of diversion shall not be issued if,
in the judgment of the floodplain administrator:
A. The proposed diversion will significantly
increase the upstream base flood elevation to the
detriment of neighboring property;
B. The proposed diversion is not designed and
constructed to minimize potential erosion from a one
hundred-year flood; and
C. Any permanent diversion structure crossing
the full width of the stream channel is not designed
and constructed to safely withstand a one hundred-
year flood. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.44.250 Floodway-Prohibited uses.
The following artificial obstructions and noncon-
forming uses are prohibited within the floodway:
A. New construction of any residential, commer-
cial or industrial structure including manufactured
homes;
B. Encroachments including fill, new construc-
tion, 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 one hundred-year flood;
C. The construction or permanent storage of an
object subject to floatation or movement during
flooding;
D. Solid and hazardous waste disposal, sewage
treatment and sewage disposal systems;
E. Storage of toxic, flammable. hazardous or
explosive materials; and
F. Alterations of structures un less it can be
shown the alteration will not raise flood heights.
(Bozeman 11..0 I)
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A)(part), 2000)
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18.44.260 Floodway fringe-Uses allowed
without permits.
All uses allowed in the floodway, according to the
provisions of Section 18.44.210 of these regulations,
shall also be allowed without a permit in the
floodway fringe. In addition, individual or multiple
family subsurface sewage disposal systems are al-
lowed only when they are reviewed and approved
under laws and regulations administered by the
Department of Health and Environmental Sciences or
the local health board. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.44.270 Floodway fringe-Uses requiring
permits.
All uses allowed in the floodway subject to the
issuance of a permit, according to the provisions of
Sections 18.44.220 through 18.44.240, shall also be
allowed by permit within the floodway fringe. In
addition, new construction, substantial improve-
ments, 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 floodplain
administrator, subject to the following conditions:
A. Such structures or fill must not be prohibited
by any other statute, regulation, ordinance or resolu-
tion;
B. Such structures or fill must be compatible with
local comprehensive plans;
C. The new construction, alterations, and sub-
stantial improvements of residential structures in-
cluding manufactured homes must be constructed on
suitable fill such that the lowest floor elevation
(including basement) is two feet or more above the
base flood elevation. The suitable fill shall be at an
elevation no lower than the base flood elevation and
shall extend for at least fifteen feet, at that elevation,
beyond the structure(s) in all directions;
D. The new construction, alteration, and substan-
tial improvement of commercial and industrial struc
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tures 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 pres-
sures, velocities, impact, buoyancy, and uplift forces
associated with the one hundred-year flood.
1. If the structure is designed to allow internal
flooding of areas below the lowest floor, use of this
space shall be limited to parking, loading areas,
building access, and storage of equipment or
materials not appreciably affected by flood waters.
The floors and wall shall be designed and constructed
of materials resistant to flooding to an elevation no
lower than two feet above the base flood elevation.
Walls shall 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.
2. Structures whose lowest floors are used for a
purpose other than parking, loading, or storage of
materials resistant to flooding shall be floodproofed
to an elevation no lower than two feet above the base
flood elevation. Floodproofing shall include
impermeable membranes or materials for floors and
walls and watertight enclosures for all windows,
doors and other openings. These structures shall also
be designed to withstand the hydrostatic, hydrody-
namic and buoyancy effects of a one hundred-year
flood.
3. Floodproofing of electrical, heating and
plumbing systems shall be accomplished in accor~
dance with Sections 18.44.360 through 18.44.400;
E. All manufactured homes placed in the flood~
way 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
18.44.270
frame ties to ground anchors. The following condi-
tions also apply:
1. When a manufactured home is a) altered, b)
replaced because of substantial damage as a result of .
a flood, or c) 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.
2. Replacement or substantial improvement of
manufactured homes in an existing manufactured
home park or subdivision must be raised on a per-
manent foundation. The lowest floor must be at least
thirty-six inches above the ground or raised two feet
above the base flood elevation, whichever is less.
The foundation must consist of reinforced concrete,
reinforced mortared block, reinforced piers, or other
foundation elements of at least equivalent strength.
3. Manufactured homes proposed for use as
commercial or industrial structures must be elevated
and anchored, rather than floodproofed;
F. 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 oftree stumps
or other organic material, and appropriate for the
purpose of supporting the intended use and/or
permanent structure;
G. Roads, streets, highways and rail lines shall be
designed to minimize increase in flood heights.
Where failure or interruption of transportation facil-
ities would result in danger to the public health or
safety, the facility shall be located two feet above the
base flood elevation;
H. Agricultural structures that have a low damage
potential, such as sheds, barns, shelters, and hay or
grain storage structures must be adequate anchored to
prevent floatation or collapse and all electrical
facilities shall be placed above the base flood
elevation; and
Recreational vehicles, if they are on the site forsmore than one hundred eighty consecutive days or
are not ready for highway use, must meet the
373
(Bozeman 11.01)
18.44.280-18.44.320
elevating requirements of subsection C of this sec-
tion. (Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.44.280 Floodway fringe--Prohibited uses.
The following artificial obstructions and noncon-
fonning uses are prohibited within the floodway
fringe:
I. Solid and hazardous waste disposal; and
2. Storage of highly toxic, flammable, hazardous
or explosive materials. Stomge 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. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.44.290 Floodplain areas with flood
elevations and no delineated
floodway.
A. A development proposed for a one hundred-
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 18.44.260 through 18.44.280 shall apply
to these areas. The floodplain administrator may
require a permit applicant to furnish additional hy-
draulic data before acting on a permit application for
such a floodplain. The data may include, but are not
limited to, any ofthe following:
I. A hydraulic study documenting probably
effect on upstream, downstream or adjacent property
owners caused by the proposed development; or
2. The calculated increase in the one hundred-
year flood water surface profile caused by the pro-
posed development.
B. Permits for such proposed development may
be modified or denied if the additional information
shows that the proposed use would cause an addi-
tional flood hazard to adjacent property or signifi-
cantly increase in flood heights is one-half foot
unless existing or anticipated development in the area
dictates a lesser amount of allowable increase. (Ord.
(Bozeman 1\-0 I)
1516 (part), 2000: Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
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18.44.300 Shallow flooding (AO zones).
A. Shallow flooding areas are delineated as AO
zone floodplains of the Flood Insurance Rate Maps.
The provisions of Section 18.44.270 shall apply to
any AO zone floodplains. The depth of the one
hundred-year flood is indicated as the depth number
on the Flood Insurance Rate Maps. The one hundred-
year flood depth shall be referenced to the highest
adjacent grade or stream flow line in determining
which fill or floodproofing heights to use in applying
the provisions of subsections C and D of Section
18.44.270. In the absence of depth or elevation
infonnation, a minimum two-foot flood depth shall
be used.
B. Floodplain Boundary Interpretation. The
floodplain administrator shall make interpretations
where needed as to the exact location of an AO zone
floodplain boundary when there is a conflict between
a mapped boundary and actual field conditions. (Ord.
1516(part),2000:Ord. 1514(part),2000:0rd. 1513
~ I (Exh. A) (part), 2000)
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18.44.310 Applicability to unnumbered A
zones.
The minimum floodplain development standards
listed in this section apply to the one hundred-year
floodplains delineated by approximate methods and
identified as unnumbered A zones on the flood
insurance rate maps. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.44.320 A zones-Uses allowed without
permits.
All uses allowed in a floodway, according to the
provisions of Section 18.44.210, shall also be al-
lowed without a permit in unnumbered A zone
floodplains. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
374
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18.44.330 A zones-Uses requiring permits.
All uses allowed in the flood way and floodway
fringe subject to the issuance of a permit, according
to the provisions of Section 18.44.270, shall require
permits from the floodplain administrator for un-
numbered A zone floodpl.rins. Also, the provisions of
Section 18.44.270 apply to the A zone floodplains
with no floodway delineated or water surface profile
computed. Since there are no one hundred-year flood
water surface profiles computed for A zone
floodplains, the following conditions also apply:
A. Elevation data on the one hundred-year flood
shall be provided for subdivision proposals according
to the definitions and rules of the Montana Sanitation
in Subdivisions Act, MeA 76-4 Part 1 and the rules
adopted by DHES under this act. These data shall be
used in the applying subsections C, D and E of
Section 18.44.270. Subdivision proposals shall also
provide for adequate drainage to minimize potential
flood hazards;
B. The floodplain administrator may obtain,
review and reasonably use any base flood elevation
and flood way data available from federal, state or
other sources, until such data have been provided by
FEMA, to enforce subsections C and D of Section
18.44.270;
C. The floodplain administrator may use histori-
cal flood elevations to determine suitable fill or
floodproofing elevations as required by subsections
C and D of Section 18.44.270;
D. If historical flood evidence is not available,
then the floodplain administrator shall 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
18.44.270. In the absence of depth or elevation
information, a minimum two-foot flood depth shall
be used; and
E. Proposed structures must be anchored to
prevent floatation or collapse and must be located as
far from stream channels as practicable(Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.44.330--18.44.380
18.44.340 A zones-Prohibited uses.
Those uses prohibited in the flood way fringe, in
accordance with Section 18.44.280, shall also be
prohibited within the A zone floodplain boundaries.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A) (part), 2000)
18.44.350 A zones-Floodplain boundary
interpretation.
The floodplain administrator shall make interpre-
tations 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. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.44.360 F1oodproofing requirements-
Certification.
If the following floodproofing requirements are to
be applied to a proposed structure, as stipulated by
the floodplain administrator in accordance with these
regulations, the methods used must be certified as
adequate by a registered professional engineer or
architect. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.44.370 Floodprooting requirements- Con~
formance.
Permitted flood proof systems shall conform to the
conditions listed in Sections 18.44.380 through
18.44.400 and the floodproofing standards listed in
subsection D of Section 18.44.270 for commercial
and industrial structures. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.44.380 Floodproofing requirements-
Electrical systems.
A. All incoming power service equipment, in-
cluding 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
375
(Bozeman 11.01)
18.44.390--18.45.010
equipment can be disconnected by a single submers-
ible plug-and-socket assembly;
C. The main power service line shall have auto-
matic or manually operated electrical disconnect
equipment located at an accessible location outside
the one hundred-year floodplain and above the base
flood elevation; and
D. All electrical wiring systems installed at or
below the elevation of the one hundred-year flood
shall be suitable for continuous submergence and
may not contain fibrous components. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.44.390 Floodproofing requirements-
Heating systems.
A. Float operated automatic control valves must
be installed in gas furnace supply lines so that the
fuel supply is automatically shut off when flood
waters reach the floor level where the furnace is
located;
B. Manually operated gate valves must be in-
stalled in gas supply lines. The gate valves must be
operable from a location above the elevation of the
one hundred-year flood;
C. Electric heating systems must be installed in
accordance with the provisions of Section 30(A).
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2(00)
18.44.400 Floodproofing requirements-
Plumbing systems.
A. Sewer lines, except those to be buried and
sealed in vaults, must have check valves installed to
prevent sewage backup into 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 one
hundred-year flood. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.44.410 Violation notice.
The floodplain administrator shall bring any
violation of this chapter to the attention of the local
(Bozeman 11.01)
governing body; its legal council; and the Montana
Department of Natural Resources and Conservation.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A) (part), 2000)
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18.44.420 Violation-Penalty.
Violation of the provisions of this chapter or
failure to comply with any of the requirements,
including permit approval prior to development of
floodprone lands and conditions and safeguards
established shall constitute a misdemeanor. Any
person who violates this chapter or fails to comply
with any of its requirements shall, upon conviction,
be fined not more than one hundred dollars or im-
prisoned in jail for not more than ten days or both.
Each day's continuance of a violation shall be
deemed a separate and distinct offense. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
Chapter 18.45
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CASINO OVERLAY DISTRICT
Sections:
18.45.010
18.45.020
Intent.
Application for zoning
designation.
PenniUed uses.
Restrictions.
Lot area and width.
Lot coverage.
Yards.
Building height.
18.45.030
18.45.040
18.45.050
18.45.060
18.45.070
18.45.080
18.45.010 Intent.
The intent of the casino overlay district is to
provide suitable locations for casinos (as defined in
Section 18.04.350) based on review for impacts to
neighboring uses and to minimize adverse effects on
the community in the best interests of the public
health, safety, and welfare. (Ord. 1516 (part), 2000:
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Ord. 1514 (part), 2000: Ord. 1513 ~ ] (Exh. A)
(part), 2000)
18.45.020 Application for zoning designation.
Any person wishing to establish a casino must
make application as per Chapter 18.55, Zoning Text
and Map Amendments, for a Casino Overlay District.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
15 13 ~ 1 (Exh. A) (part), 2000)
18.45.030 Permitted uses.
Permitted uses in the casino overlay district are as
follows:
A. Principal Uses.
All principal uses permitted in the M-l district
if the underlying zoning is M-l
All principal uses permitted in the M-2 district
if the underlying zoning is M-2
B. Conditional Uses.
Casinos
All conditional uses permitted in the M-l
district if the underlying zoning is M-l
All conditional uses permitted in the M-2
district if the underlying zoning is M-2
C. Accessory Uses.
All accessory uses permitted in the M-l
district ifthe underlying zoning is M-l
All accessory uses permitted in the M-2
district if the underlying zoning is M-2
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.45.040 Restrictions.
A. Casino overlay districts shall be pennissible
zoning only in areas zoned M-l,light manufacturing
district, or M-2, manufacturing and industrial district
B. Casino overlay districts shall not be located
within an entryway overlay district except for the 1-
90 entryway overlay corridor. Casino overlay dis-
tricts shall not be located in areas where the 1-90
entryway corridor overlaps other entryway overlay
districts.
C. Casino overlay district lots shall not be located
within six hundred feet, in any direction, oflots used
18.45.020-18.45.080
for schools, churches, residences, public parks, or
other casinos.
D. Sale for on-premises consumption of beer,
wine and liquor is permissible only for casino and
restaurant establishments. (Ord. 1516 (part), 2000:
Ord. ]514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.45.050 Lot area and width.
There shall be no minimum lot area; however, no
lot width shall be less than one hundred feet and the
lot area shall be sufficient to provide all required yard
areas and off-street parking. (Ord. 1516 (part), 2000:
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.45.060 Lot coverage.
The entire lot, exclusive of required yards and
parking, may be occupied by the principal and ac-
cessory buildings. (Ord. 1439 ~ 5 (part), 1997)
18.45.070 Yards.
Every lot within a casino overlay district shall
have the following minimum yards:
Front yard 25 feet
Rear yard 10 feet
Side yards 8 feet each side.
(NOTE: All yards shall be subject to the provisions
of Section 18.43.060 and Section 18.50.060(D) when
applicable.) (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A)(part), 2000)
18.45.080 Building height.
Maximum building height in a casino overlay
district shall be thirty-eight feet for buildings with
roof pitches 00: 12 or greater and thirty-two feet
for buildings with flat roofs or with roof pitches of
less than 3:12. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ I (Exh. A)(part), 2000
377
(Bozeman Il-O J )
18.48.010-18.48.020
Chapter 18.48
NONCONFORMING USES AND
STRUCTURES
Sections:
18.48.010
18.48.020
Nonconforming uses.
Changes to or expansions of
nonconforming uses.
Use of existing lots.
Nonconforming structures.
Changes to or expansions of
nonconforming structures.
Expansions of nonconforming
buildings containing conforming
uses.
18.48.030
18.48.040
18.48.050
18.48.060
18.48.010 Nonconforming uses.
A. Any use lawfully existing upon the effective
date of the ordinance codified in this title may be
continued at the size and in the manner of operation
existing upon such date except as hereinafter
specified, or in the case of signage as specified in
Chapter 18.65.
B. The right to operate and maintain a
nonconforming use shall terminate when the
structure or structures housing such use are removed,
razed or damaged to an extent of fifty percent of the
structure's fair market value as determined by the last
equalized assessment role of the county. However,
in the event of dame by fire, wind earthquake or
other act of God to the extent described above, said
nonconforming use or uses may be reestablished
through a conditional use permit procedure as set
forth in Chapter 18.53. Such restoration shall
comply to the maximum extent reasonably feasible
with the requirements of this title.
C. When any lawful nonconforming use of any
structure or land in any district has been changed to a
conforming use, it shall not thereafter be changed to
any nonconforming use.
D. Whenever a lawful nonconforming use of a
building or structure or land is discontinued for a
period of ninety days, any future use ofthe building
(Bozeman 11-0 l)
or structure or land shall be in conformity with the
provisions of this title.
E. Normal maintenance of a building or other
structure containing or related to a lawful
nonconforming use is permitted, including necessary
structural repairs provided such structural repairs do
not enlarge, intensify, or otherwise redefine the
nonconforming use. (Ord.1516 (part,2000)
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18.48.020 Changes to or expansions of
nonconforming uses.
A. A lawful nonconforming nonresidential use
shall not be changed except in conformance with the
use requirements of the zone in which it is located.
Except, however, a lawful nonconforming use may
be changed to another nonconforming use, provided
that a conditional use permit is obtained from the city
commission. A lawful nonconforming nonresidential
use may be expanded only through the granting of a
conditional use permit by the city commission. In
considering the appropriateness of the conditional
use permit application, the city commission shall
weigh the criteria set forth in subsection B of this
section. In addition, the commission shall consider
whether the expansion is reasonable, natural and
incidental to the growth and use of an existing
business. In general, proposals to expand
nonconforming uses shall not be approved if the
expansion would encompass new land or property
which was not in use at the time of the enactment of
zoning or a change in zoning.
B. To approve the conditional use permit, the city
commission shall determine that the proposed
nonconforming use is more appropriate to the district
than the e'xisting nonconforming use, and that no
unsafe or unhealthy conditions are perpetuated. In
making such a determination, the commission shall
weigh the following criteria in addition to the criteria
applicable to all conditional use permits:
1. Traffic impacts, both on~site and off-site;
2. Off-street parking and loading requirements;
3. The visual impact on the surrounding area;
4. The degree of compliance with the adopted
master plan and this title;
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5. The level of conflict with other uses in the
surrounding area;
6. The presence of other nonconformities in the
surrounding area;
7. The degree to which any existing unsafe or
hazardous conditions would be mitigated;
8. The viability of the subject structure(s); and
9. On-site and off-site impacts from noise, dust,
smoke, surface or groundwater contamination, or
other environmental impacts.
C. 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 twenty percent of
the existing total residential area, as long as the
number of dwelling units on the lot is not increased.
In instances where new construction is allowed all
appropriate approvals such as a certificate of
appropriateness or building permit shall be obtained
prior to the initiation of construction. (Ord. 1516
(part), 2000)
18.48.030 Use of existing lots.
A. At the time of the enactment ofthe ordinance
codified in this title, if any owner of a plot of land
consisting of one or more adjacent lots in a
subdivision of record does not own sufficient land
within the lot of record to enable him/her to conform
to the minimum lot size requirements or does not
have sufficient lot width to conform to the minimum
lot width requirements, such plot of land may
nevertheless be used a s 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, such
reduction to be determined by the board of
adjustment. 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 non conformities.
1. In the R-S, R-l, R-2, R-2a and R-3a districts,
the reduction shall permit only a duplex.
B. No lot, even though it may consist of one or
more adjacent lots in the same ownership at the time
18.48.030-18.48.050
of passage of the ordinance codified in this title, shall
be reduced in size so that lot width or size of yards or
lot area per household or any other requirement of
this title is not maintained. This section shall 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 shall be considered individual lots of
record for the purposes of this code only if they are
each greater than one acre in size and were created
prior to the passage of the ordinance codified in this
title. (Ord. 1516 (part), 2000)
18.48.040 Nonconforming structures.
A. Any nonconforming structure lawfully
existing upon the effective date of the ordinance
codified in this title may be continued at the size and
configuration existing upon such date except as
hereinafter specified, or in the case of signage as
specified in Chapter 18.65.
B. The right to operate and maintain a
nonconforming structure shall terminate when the
structure or structures housing such use are removed,
razed or damaged to an extent of fifty percent of the
structure's fair market value as determined by the last
equalized assessment role ofthe county. However,
in the event of damage by fire, wind earthquake or
other act of God to the extent described above, said
nonconforming structure may be reestablished
through a conditional use permit procedure as set
forth in Chapter 18.53. Such restoration shall
comply to the maximum extent feasible with the
requirements of this title.
C. Normal maintenance of a lawful
nonconforming structure is permitted, including
necessary structural repairs provided such structural
repairs do not enlarge the structure or intensifY the
use. (Ord. 1516 (part), 2000)
18.48.050 Changes to or expansions of
nonconforming structures.
A. A lawful nonconforming structure shall not be
changed except in conformance with the
requirements of the zone in which it is located. If a
379
(Bozeman 11-0 I)
18.48.060---18.49.020
change in a lawful nonconforming structure is
proposed which would cause an increase in the
existing nonconformity, or create a new
nonconforming situation, a deviation or variance
must be obtained in conjunction ~ith or prior to the
final approval of the expansion or change.
B. A lawful nonconforming structure may be
expanded through the plan review process required
by Chapters 18.42, 18.43 and 18.52. Unless the
proposed expansion would create a new
nonconformity or increase an eXlstmg
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 shall be properly granted prior to or in
conjunction with the site development approval
required in Chapters 18.42, 18.43, and 18.52.
D. The maintenance and reconstruction of
existing nonconforming residential structures is
allowed, in compliance with applicable fire and
building codes so long as the number of dwelling
units on the lot is not increased. Maintenance
activities may not increase the degree of
nonconformity. (Ord. 1516 (part), 2000)
18.48.060 Expansions of nonconforming
buildings containing conforming
uses.
A nonconforming building which houses
conforming uses may be expanded as allowed by
Section 18.48.050. (Ord. 1516 (part), 2000)
Chapter 18.49
LANDSCAPING
Sections:
18.49.010
18.49.020
18.49.030
18.49.040
Purpose and intent.
Interpretation and scope.
Definitions.
General landscaping provisions.
(Bozeman 11-01)
18.49.050 Landscape plan review.
18.49.060 Mandatory landscaping provis~ions.
18.49.070 Landscape performance standards.
18.49.080 Landscaping of public lands.
18.49.090 Deviation from landscaping
requirements.
18.49.100 Landscaping completion.
18.49.110 General maintenance.
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18.49.010 Purpose and intent.
The process of development, with its alteration of
the natural topography and vegetation and creation of
impervious cover can have a negative effect on the
ecological balance of an area by causing or
accelerating the processes of runoff, erosion and
sedimentation. The economic base of Bozeman can
and should be protected through the preservation and
enhancement of the area's unique natural beauty and
environment. Recognizing that the general
objectives of this chapter are to promote and protect
the health, safety and welfare of the public, these
landscaping regulations as part of this title are
adopted for the following specific purposes:
I. To aid in stabilizing the environment's
ecological balance by contributing to the process of
air purification, oxygen regeneration, groundwater
recharge and stormwater runoff retardation, while at
the same time aiding in noise, glare and heat
abatement;
2. To provide visual buffering between land uses
of differing character;
3. To enhance the beauty of the zoning
jurisdiction of the city;
4. To protect the character and stability of
residential, business, institutional and industrial
areas;
5. To preserve the value of land and buildings;
and
6. To conserve energy. (Ord. 1516 (part), 2000)
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18.49.020 Interpretation and scope.
A. The provisions of this section shall apply to a
lot or site when an application is being made for:
380
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1. Site plan approval pursuant to Chapter 18.52;
2. Signs pursuant to Chapter 18.65 where
landscaping is required;
3. Restoration of a building that has been
damaged or destroyed by fire, explosion, flood,
tornado, riot, act of the puolic enemy, or accident of
any kind. F or purposes of this paragraph,
"restoration" means the act of putting back into a
former or original state, only.
B. Not withstanding the application of subsection
(A) of this section, these provisions shall not apply to
the following:
L Lots containing residential uses subject to
sketch plan review when located outside entryway
corridors, except that such lots shall be subject to
subsections 18.49.060 A and 18.49.060 E of this
chapter;
2. Lots or sites within a planned unit
development which has been approved with its own
landscape plan. However, these provisions shall be
used as the basis for determining the landscaping
plans for future planned unit developments and such
planned unit development landscaping plans shall
meet or exceed the standards of these landscape
regulations;
3. Lots or sites which are designed, reviewed and
approved according to the deviation provisions
specific in Section 18.49.090 of this chapter. (Ord.
1516 (part), 2000)
18.49.030 Definitions.
A. All words in this section shall be defined as
provided herein and, if not defined herein, shall be
defined as in the definition of terms of Chapter 18.04
of this title and, if not defined therein, shall be
defined as the current 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, shall
have their customary dictionary definitions.
B. Words used in the present tense include the
future tense; words used in the singular include the
plural, and words used in the plural include the
singular. The word "shall" is always mandatory.
18.49.030
"Artificial lot" means an area within the building
site that is delineated by the planning director for the
sole purpose of satisfying the requirements of this
section (see Section 18.49.040 of this chapter).
"Berm" means a mound of earth tow to six feet
high, planted with vegetative groundcover, with a
slope not exceeding one foot of rise for each two feet
of run.
"Caliper" means the diameter of the trunk
measured six inches above ground level up to and
including four inch caliper size, and measured twelve
inches above ground level ifthe measurement taken
at six inches above ground level exceeds four inches.
If a tree is of a multi-trunk variety, the caliper of the
tree is the average caliper of all of its trunks.
"Canopy tree" means a species of tree which
normally bears crown foliage no lower than six feet
above ground level upon maturity.
"Enhanced pavement" means any permeable or
nonpermeable decorative pavement material intended
for pedestrian or vehicular use. Examples of
enhanced pavement include brick or stone pavers,
grass paver, exposed aggregate concrete, and
stamped and stained covered pavement.
"Evergreen tree or shrub" means a tree or shrub of
a species which normally retains its leaves/needles
throughout the year.
"Groundcover" means 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.
"Landscape architect" means at least seventy-five
percent (75%) coverage of an area with natural grass,
vegetative groundcover, or other natural living plant
materials, the remainder of which is covered with
nonvegetative 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 title, the term
landscaping shall be considered to have the same
meaning as the terms landscape, landscaped and
landscaped area.
"Large shrub" means a shrub which normally
reaches a height offive feet or more upon maturity,
and usually has five or more canes.
381
(Bozeman 11-01)
18.49.040
"Large tree" means a tree of a species which
normally reaches a height of twenty-five feet or more
upon maturity, and usually has a single stem.
"Lot" means:
1. A "lot" as defined in Section 18.04.910; and
2. An "artificial lot" as defined in this subsection.
"Lot with residential adjacency" means any of the
following:
I. A building site in a residential zoning district,
ifthe site abuts or is directly across a public street or
alley from an R-l, R-2, R-2a, R-3, R-3a, R-4 or R-O
zoning district;
2. A building site in a nonresidential zoning
district, if the site abuts or is directly across a public
street or alley from an R-S, R-l, R-2, R-2a, R-e, R-
3a, R-4, or R-O zoning district;
3. An artificial lot in a residential district, if the
lot is less than two hundred feet from an R-l, R-2, R-
2a, R-3, R-3a, R-4 or R-O zoning district;
4. An artificial lot in a nonresidential zoning
district, if the lot is less than two hundred feet from
an R-S, R-l, R-2, R-21, R-3, R-3a, R-4, R-O zoning
district.
"Nonpermeable coverage" means coverage with
nonpermeable pavement.
"Nonpermeable pavement" means any pavement
this is not "permeable pavement" as defined in this
section.
"Permeable pavement" means a paving material
that permits water penetration to a soil depth of
eighteen 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.
"Screening" means a method of visually shielding
or obscuring one abutting or nearby structure or use
from another through the use of densely planted
vegetation and/or berms.
"Small tree" means a tree of a species which
normally reaches a height of less than twenty-five
feet upon maturity.
"Soil" means a medium in which plants will grow.
(Ord. 1516 (part), 2000)
(Bozeman I J -0 I)
18.49.040 General landscaping provisions.
A. Designation of Artificial Lot.
1. All the lots and building sites described in
subsection 18.49.020.A of this chapter shall be
subject to landscaping provision, however if a
building site is over two acres in size, the applicant
may request that the planning director create an
artificial lot to satisfy the requirements of Section
18.49.040 ofthis chapter.
2. The planning director shall not create an
artificial lot which would, in his/her opinion, violate
the spirit of these landscape regulations. An artificial
lot must:
a. Wholly include the area on which the
development is to occur; and
b. Have an area that does not exceed fifty percent
of the area of the original site.
B. Platting Not Required for Artificial Lots. An
artificial lot need not be platted, however it must be
designated on plans approved by the planning
director, development review committee, design
review board, administrative design review staff, or
city commission prior to the issuance of a building
permit.
C. Landscape Plan Submission.
1. Submittal with Site Plan Application. If these
landscape regulations apply to a lot or site subject to
plan review and approval outlined in Chapter 18.52,
a separate landscape plan shall be submitted as part
of the site plan application unless the required
landscape information can be included in a clear and
uncluttered manner on a one inch to twenty feet site
plan.
2. Landscape Plan Format. The landscape plan
submittal shall include:
a. Twenty blueline or blackline copies of the
plan;
b. Suggested scale of one inch to twenty feet but
not less than one inch to one hundred feet;
c. Standard drawing sheet of a size not to
exceed twenty-four inches by thirty-six inches; a
plan which cannot be drawn entirely on a twenty-0four inch by thirty-six inch sheet must be drawn on
two or more sheets, with match lines.
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3. Preparation of Landscape Plan. Landscape
plans shall be prepared and certified by:
a. A registered Montana landscape architect;
b. An individual with a degree in landscape
design and two years of professional design
experience; or '
c. An individual with a degree in a related field
(such as horticulture, botany, plant science, etc.) and
at least five years of professional design experience.
4. Contents of Landscape Plan. A landscape
plan required pursuant to this title shall contain the
following information:
a. Date, scale, north arrow, and the names,
addresses, and telephone numbers of both the
property owner and the person preparing the plan;
b. Location of existing boundary lines and
dimensions of the lot;
c. Approximate centerlines of existing water
courses and the location of anyone hundred-year
floodplain; the approximate location of significant
drainage features; and the location and size of
existing and proposed streets and alleys, utility
easements, utility lines, driveways, and sidewalks on
the lot and/or adjacent to the lot;
d. Project name, street address, and lot and block
description;
e. Location, height and material of proposed
screening and fencing (with berms to be delineated
by one-foot contours);
f. Locations and dimensions of proposed
landscape buffer strips;
g. 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;
h. Complete description 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
18.49.060
and location of required off-street parking and
loading spaces;
i. An indication of how existing healthy trees (if
any) are to be retained and protected from damage
during construction;
j. Size, height, location, and material of
proposed seating, lighting, planters, sculptures, and
water features;
k. A. description of proposed watering methods;
1. Location of visibility triangles on the lot (if
applicable);
m. Tabulation of "points" earned by the plan (see
Section 18.49.070 of this chapter);
n. Designated snow removal storage areas;
o. Location of pavement, curbs, sidewalks and
gutters;
p. Front and side elevations of buildings, fences
and walls with height dimension. Show open
stairways and other projections from exterior
building walls;
q. Show location of existing and/or proposed
drainage facilities which are to be used for drainage
control;
r. Existing and proposed grade. (Ord. 1516
(part), 2000)
18.49.050 Landscape plan review.
A. The development review committee and, if
required by this title, the administrative design
review staff, the design review board and the city
commission shall review each landscape plan to
determine whether or not it complies with the
requirements of this section.
B. All landscape plans must comply with the
mandatory landscape provisions in Section 18.49.060
of this chapter.
C. In addition, all landscape plans must earn a
minimum number of points as specified in Section
18.49.070 of this chapter. Points are awarded for
specified landscape features and elements based upon
their relative merit. The alternatives for achieving
the minimum points needed for approval are
provided in Section 18.49.070 of this chapter,
383
(Bozeman 11-01)
18.49.060
Landscape Performance Standards. (Ord. 1516 (part),
2000)
18.49.060 Mandatory landscaping provisions.
A. Yard Landscaping Required. For all uses in
all districts, unless otherwise provided by specific
approval through design review procedures, all front,
side, and rear yards, exclusive of permitted access
drives, parking lots, and accessory structures, shall
be landscaped as defined herein. All landscaped
areas shall be perpetually maintained in a healthy
condition.
B. Additional Screening Requirements. The
DRB, ADR, ORC, and/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:
I. Single~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 driving aisles but
not including access drives.
2. All surface parking lots on the building site or
artificial lot, whichever is applicable, shall be
landscaped in accordance with the following
paragraphs which describe landscaping requirements
in addition to the yard landscaping requirements for
the site:
a. Parking Lot Screening Required.
i. All parking lots located on a lot with a
residential adjacency must be screened from that
residential adjacency.
ii. All parking lots located between a principal
structure and a public street, except in M.l and M-2
districts, must be screened from the public street.
iii. The screening required under paragraphs i.
(Bozeman 11.0 I)
And ii. Above shall not be less than eight feet in
width and shall be maintained at a height of four to
six feet except as otherwise restricted by fence and
hedge height limits within required front yards and
site triangles.
b. Large canopy trees, large noncanopy trees or
small trees must be provided in, or immediately
adjacent to, all parking lots at a minimum average
density of:
i. One large canopy tree; or
n. One large noncanopy tree and one small tree;
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or
111. Three small trees;
for each nine parking spaces required or provided,
whichever is greater.
c. No parking space may be located more than
ninety feet from the trunk of a tree.
d. No tree may be planted closer than four feetto
the paved portion of the parking lot.
e. Additionally, any parking lot providing fifteen
or more parking spaces shall have a minimum of
twenty square feet of landscape area within the
parking lot for each off-street parking space in the lot
provided as follows:
i. Wherever possible, the interior parking lot
landscaping shall be designed to facilitate, control
and denote proper vehicular circulation patterns.
ii. Internal parking lot landscaping provided shall
be proportionately dispersed so as to define aisles
and limit unbroken rows of parking to a maximum of
one hundred feet, with landscaped areas provided in
an appropriate scale to the size of the parking lot.
iii. The minimum width and/or length of any
parking lot landscaped area shall be eight feet.
f. The above standards are minimum mandatory
standards which may be superseded by the provisions
of Section 18.49.070 of this chapter 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.
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2. In all districts except M-l 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 paragraphs 1.
and 2. 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 with the proposed development site not
used for street pavement, curbs, gutters, sidewalks or
driveways shall be landscaped as defined in this title
and shall include, at a minimum, one large canopy
tree for each fifty feet of street frontage. Acceptable
large canopy shade trees for use in public rights-of-
way include the following species:
Ash, Summit Green (Praxinus pennsylvanica);
Honeylocust, Seedless (Gleditsia triacanthos);
Hackberry, Common (Celtis occidentalis);
Linden, American (Tilia americana);
Linden, Littleleaf (Tilia cordata);
Locust, Black (Robinia pseudoacacia);
Maple, Norway (Acer platanoides);
Maple, Schwedler (Acer platanoides
" Schwedler");
Maple, Suger (Acer saccharum);
Mountain Ash, European (Sorbus aucaparia);
Oak, Bur (Quercus macrocarpa);
Walnut, Black (Juglans nigra);
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 fifty feet of street frontage may be
substituted with two small ornamental trees per fifty
feet of street frontage. Acceptable small ornamental
trees for use in public rights-of-way include the
following species:
Chokecherry, Amur (Prunus maackii);
Crabapple, many species (Malus spp.);
Hawthorn (Crataegus spp.);
Lilac, Japanese Tree (Syringa reticulata);
Maple, Amur (Acer ginnala);
Maple, Tatarian (Acer tataricum).
3. Tree species may be added to or deleted from
the above lists upon recommendation of a tree
18.49.060
advisory board duly appointed by the city
commIssIon.
4. The minimum quantity of trees and other
landscaping required and provided in the public
right-of-way as described herein shall 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 shall be landscaped according to
requirements determined through the plan review
process.
G. Acceptable Landscape Materials.
1. Acceptable plant materials shall be those listed
in General Selection Factors for Landscape Trees and
Shrubs by Cooperative Extension Service, Montana
State University, Circular No. 1280, October 1982.
However, in the case of street frontage landscaping
as required in subsection 18.49.060E above,
acceptable tree species shall be limited to those listed
therein.
2. No artificial plant materials may be used to
satisfy the requirements of this chapter.
3. Plant materials used to satisfy the
requirements of this chapter must comply with the
following minimum size requirements at the time of
installation (depending on the standard measuring
technique for the species).
a. Large trees must have a minimum caliper of
one and one-half inches to tow inches, or a minimum
height of ten feet.
b. Small trees must have a minimum caliper of
one and one-half inches or a minimum height of eight
feet.
c. Large evergreen shrubs must have a minimum
height of two feet or, if of a spreading form, a
minimum spread of two feet.
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.
H. Protection of Landscape Areas.
1. Perimeter parking lot treatment as required
in Section 18.50. 1 20(B)(1 0) shall be installed to
protect landscape areas adjacent to parking lots.
385
(Bouman 11-01)
18.49.070
2. Landscape 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 pennanent barriers approved
by the director of public service. 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 shall be
provided to all landscaped areas. The use of hose
bibs on the exterior of existing or proposed structures
is not an acceptable method of landscape irrigation
unless the landscaped area is adjacent to the existing
or proposed structure.
2. All irrigation systems and landscaped areas
shall be designed, constructed and maintained so as
to promote water conservation and prevent water
overflow or seepage into the street, sidewalk or
parking areas.
Zoning District
All districts except B-1 and
B-3 districts and PUDs
B-1
B-3
PUD Overlay districts
J. Required use of Trees. All landscape plans
must include, for each yard with a residential
adjacency, at least one of the performance standards
in subsection 18.49.070(A)(3) of this chapter that
requires the use of one or more trees. (Ord. 1516
(part),2000)
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18.49.070 Landscape performance standards.
A. In addition to complying with the mandatory
landscape provisions in Section 18.49.060 of this
chapter, all landscape plans must earn a minimum
number of points as specified below. Points are
awarded for specified landscape features and
elements based upon their relative value or merit.
1. The minimum number of points needed for
landscape plan approval by zoning district is as
follows:
Yard Landscaping Enhancement. An applicant
may earn points under this subsection by enhancing
mandatory yard landscaping as follows:
Lot with Residential Adjacency
Lot without Residential Adjacency
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18 15
13 13
Each proposal within a planned unit development, overlay district, or seeking a
deviation to landscaping requirements will be evaluated on the basis of the overall
design excellence of the proposal with consideration to the points required by the most
applicable zoning district and applicable residential adjacency.
a. Three points are awarded when the landscaped
yard has a minimum average width five feet to ten
feet greater than the minimum yard required by this
title.
b. Five points are awarded if the minimum
average width is more than ten feet greater than the
minimum yard required by this title.
c. Three points are awarded for the installation
of native, drought resistant, or drought tolerant
species for greater than fifty percent and less than
seventy-five percent of the non-turf plants.
d. Five points are awarded for the installation of
native, drought resistant or drought tolerant species
for seventy-five percent or greater of non-turf plants.
(Bozeman 11.0 I )
2. Five points per yard (up to fifteen points
maximum) are awarded when the landscaped yard
contains one or more ofthe following groups of plant
materials at a minimum average density of one group
for each fifty linear feet of each landscaped yard:
a. One large canopy tree and one large
noncanopy tree;
b. One large canopy tree and two small trees;
c. One large canopy tree and five evergreen
shrubs;
d. One large canopy tree, one small tree, and two
large evergreen shrubs;
e. Two large noncanopy tress, and one small
tree.
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3. In the case of a lot with residential adjacency
only, eight points are awarded for providing
vegetative screening in the landscaped yard with
residential adjacency in accordance with the
following subparagraphs:
a. The screening must be of natural vegetation at
least six feet in height;
b. the screening must extend along the entire
length of the portion of the landscaped yard where a
residential adjacency exists, exclusive of:
i. Public street frontage;
ii. Driveways and accessways at points of ingress
and egress to the lot, and
Hi. Visibility triangles;
c. However, no points are awarded for screening
required by subsection IS.49.060B 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:
i. An earthen berm must be planted with
ground cover. The earthen benn 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 yard and site
triangle height limitations.
ii. Evergreen plant materials must:
a. Be located in a bed that is at least three feet
wide,
b. Be placed a maximum of forty-eight 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.
B. Parking Lot Landscaping.
1. Ten points are awarded when all surface
parking lots, as defined in Section 18.49.060C on the
building site or artificial lot, whichever is applicable,
are landscaped in accordance with all of the
following paragraphs:
18.49.0S0--.---1S.49.090
a. A mmlmum of twenty square feet of
landscape area must be provided in the parking lot
for each required off-street parking space in the lot;
b. The parking lot must contain one ofthe plant
groups from Section 18.49.070A at an average
density of one group, plus an additional one large
canopy tree, for each required sixteen parking spaces
c. No required parking space may be located
more than seventy feet from the trunk of a large
canopy tree.
C. Special Amenities.
Pedestrian facilities. One point is awarded for
each one percent increment of lot area covered by
publicly accessible special pedestrian facilities and
features such as plazas, courtyards, covered
walkways, fountains, lakes, streams and ponds,
seating areas, and outdoor recreation facilities, up to
a maximum of five points. (Ord. 1531 S 14,2001;
Ord. 1516 (part), 2000)
18.49.080 Landscaping of public lands.
Maintenance of landscaping installed within the
boulevard portion of the public right-of-way, with the
exception of tree trimming and tree removal, shall be
the responsibility of adjacent property owners. The
city shall accept responsibility for the maintenance of
all other required landscaping installed in accordance
with approved site plans within the public right-of-
way or on other public lands. (Ord. 1516 (part),
2000)
18.49.090 Deviation from landscaping
requirements.
A. to achieve the optimal landscape design on
individual sites or to coordinate the landscape design
in an area, it may be necessary to deviate from the
strict application of landscaping requirements. An
application for such deviation shall be processed
through the pertinent design review authority and
approved by the city commission.
B. the application for deviation shall be subject to
the submittal and procedural requirements of Chapter
IS.52, Plan Review and Approval, and shall be
accompanied by written and graphic material
sufficient to illustrate the conditions that the modified
387
(Bozeman 11-0 I)
18.49.100--18.50.010
standards will produce, so as to enable the city
commission to determine that the deviation will
produce an environment, landscape quality and
character superior to that produced by the existing
standards, and will be consistent with the intent and
purpose of this chapter. Upon such a finding, the city
commission may authorize deviations of up to twenty
percent from landscape design standards contained
herein. (Ord. 1516 (part), 2000)
18.49.100 Landscaping completion.
All landscaping must be completed or secured in
accordance with the provisions of Chapter 18.62.
(Ord. 1516 (part), 2000)
18.49.110 General maintenance.
A. Required landscaping must be maintained in a
healthy, growing condition at all times. The property
owner is responsible for regular weeding, mowing of
grass, irrigating, fertilizing, pruning, and other
maintenance of all plantings as needed. Any plant
that dies must be replaced with another living plant
that complies with the approved landscape plan.
Failure to maintain required landscaping in a healthy
growing condition at all times may result in
revocation of an occupancy permit. When enforcing
this provision of this title, external factors such as
seasonality and availability of landscape stock shall
be considered before any action to revoke an
occupancy permit is taken.
B. Any damage to utility lines resulting from the
negligence of the property owner or his agents or
employees in the installation and maintenance of
required landscaping in a utility easement is the
responsibility of the property owner. If a public
utility disturbs a landscaped area in a utility
easement, it shall make every reasonable 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. (Ord. 1516 (part), 2000)
(Bozeman 11 ~o I)
Chapter 18.50
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GENERAL BUILDING AND
DEVELOPMENT STANDARDS
Sections:
18.50.010
18.50.020
18.50.030
18.50.035
18.50.040
18.50.050
18.50.060
18.50.070
18.50.080
18.50.100
18.50.11 0
18.50.120
18.50.130
18.50.140
18.50.150
Purpose.
Standards for specific uses.
Use of lands, buildings and
structures.
Miscellaneous requirements.
Dwelling unit restrictious.
Accessory buildings, uses and
equipment.
Yard and height encroachments,
limitations and exceptions.
Fences, walls and hedges.
Street vision triangle.
Property frontage and drive
access standards.
Parking requirements.
Off-street loading berth
requirements.
Special temporary use permit.
Home occupations.
Mobile homes on individual lots.
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18.50.010 Purpose.
A. The purpose of this chapter is to establish
general development standards. These standards are
intended and designed to assure compatibility of
uses; to prevent urban blight, deterioration and de-
cay; and to enhance the peace, health, safety and
general welfare of the residents living within the
zoning jurisdiction of the city.
B. These standards are also intended to be used
as guidelines for evaluating and assessing the quality
and design of proposed planned unit developments.
The particulars of any planned unit development will
be evaluated against their respective standards con-
tained in this chapter. It is expected that the quality
and design of the planned unit development, while
388
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not necessarily complying with the exact standards of
this chapter, will meet or exceed the intent behind
these standards. (Ord. 1516 (part), 2000: Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.50.020 Standards for specific uses.
A. Purpose. The purpose of this section is to
further describe the standards and conditions under
which certain uses may be permitted as principal or
conditional uses in specific districts.
B. Applicability. All uses listed in this section
shall be subject to the specific standards described
for each use, in addition to all other applicable stan-
dards which may apply.
C. Specific Uses And Standards.
1. Automobile Service Station. In addition to the
requirements to be followed for all convenience uses
as defined in this title and provided in Section
IS.50.020(C)(S) of this chapter, the following re-
quirements shall apply to all service station and
automobile uses as listed below. Compliance with all
criteria listed below does not necessarily guarantee
approval by the city.
a. At least one frontage is to be on a major
arterial street as designated in the Bozeman master
plan.
b. Gas pump and pump island canopies are to be
located not closer than ten feet to any side or rear
property line. Design of the canopy shall architec-
turally match the design of the main building. All
canopies shall be connected to the roof of the main
structure unless otherwise approved. All canopy
lighting must project downward, not upward or
outward from the structure and must be low pressure
sodium. The maximum height of the canopy shall not
exceed eighteen feet. All signs must conform to the
sign code of the Bozeman Zoning Ordinance,
Chapter IS.65.
c. All on-site activities except those normally
performed at the fuel pumps are to be performed
within a completely enclosed building. Paint-spray-
ing or body and fender work is not permitted.
d. Where towing service is to be provided, a
parking bay for the towing vehicle is to be provided
and screened. The vehicle shall be screened on three
IS.50.020
sides with a minimum six-foot opaque wall which
architecturally matches the main building. Vehicles
that are either under repair or vehicles that have been
repaired may be stored on a temporary basis, not to
exceed seven days and designated parking bays must
be provided for each vehicle awaiting repairs.
e. All lighting shall be attached to the main
structure unless otherwise specifically approved.
f. All structures approved under this conditional
use pennit shall be of a design character that is ap-
propriate to the area in which they are to be con-
structed. Renderings of buildings shall accompany
each application and construction shall be in confor-
mity thereto. Architectural detailing shall be consis-
tent on all four sides of the building.
g. All rest room entrances shall be screened from
view of adjacent properties or street rights-of-way by
a decorative wall or landscaping, or shall be accessed
from the inside of the main entrance to the building.
h. No outside storage of, and no sale, lease or
rental of trailers, trucks or similar equipment shall be
permitted except as may be specifically allowed in
that zone.
i. Parking space for each service stall in the
station shall be provided. Pump islands shall not be
considered as service bays. Standing areas at pump
islands and interior circulation areas shall not be used
as parking areas in calculating required parking
spaces.
2. Automobile Washing Establishment, Auto-
matic. In addition to the requirements to be followed
for all convenience uses, the following requirements
shall apply to all automatic auto washing establish-
ments as listed below. Compliance with all the crite-
ria listed below does not necessarily guarantee ap-
proval by the city.
a. All detergents must be biodegradable.
b. Building surfaces shall be faced with masonry,
brick, stucco, wood or some other permanent-looking
material. Corrugated metal is prohibited.
3. Automobile Washing Establishment, Self-
Serve. In addition to the requirements to be followed
for all conveniences uses, the following requirements
shall apply to all self-serve automobile washing
establishments, as listed below. Compliance with all
389
(Bozeman 11-0 I )
18.50.020
the criteria listed below does not necessarily
guarantee approval by the city.
a. All detergents must be biodegradable.
b. Trash and litter containers shall be emptied
daily. In addition, the site shall be patrolled at least
once daily in order to remove litter:
c. Sale of automobile accessories such as batter-
ies, tires, gasoline, etc. is prohibited.
d. Building surfaces shall be faced with masonry,
brick, stucco, wood or some other permanent-looking
material. Corrugated metal is prohibited.
e. Canopies are to be located not closer than ten
feet to any side or rear property line. Design of the
canopy shall architecturally match the design of the
main building. All canopy lighting shall project
downward, not upward or outward from the struc-
ture. The maximum height of the canopy shall not
exceed eighteen feet. All signs must conform to the
sign code of the Bozeman Zoning Ordinance,
Chapter 18.65.
4. Automotive Repair Facilities.
a. All repairs shall be performed within a build-
mg.
b. No site plan shall be approved which exposes
unassembled vehicles, auto repair activities or auto
parts to any street or residential district.
c. All vehicles awaiting repair shall be screened
from view by a masonry or wood wall or approved
landscape screen.
5. Cemeteries.
a. Total site area, including business office and
storage building, shall be a minimum of forty acres,
of which at least ten acres shall be subdivided and
developed in the initial plot.
b. The cemetery may include accessory uses
such as a chapel, a mortuary, an office. a mausoleum,
and those industrial uses which are incidental to the
operation of a cemetery. Industrial uses may include
such things as the manufacture of burial vaults and
headstone foundations, provided all of the products
are used on the site and are not offered for sale and
use elsewhere. The cemetery shall not include uses of
an industrial nature other than those stated in this
section.
(Bozeman 11-01)
6. Convenience Uses and Drive- ThroughlDrive-
In Restaurants.
a. Location and Size.
i. Convenience uses may be located only at
intersections of arterial streets as designated in the
Bozeman master plan.
ii. The site area for any convenience use shall be
a minimum of two acres, unless such convenience
use is planned, designated and approved by the city
to be developed in conjunction with an approved site
plan for one or more additional uses and buildings.
b. Architectural Guidelines.
i. All convenience uses shall be designed in an
architectural and design character that is appropriate
for and compatible with the area.
ii. Use of standardized corporate identification
themes integrated into the architectural design shall
be regulated by the city commission. Excessive use
of such themes may be used as grounds for denial of
the project.
iii. When located in shopping centers, the archi-
tectural character of the building shall be integrated
with the design theme of the center through the use
of the same building materials, shapes and details.
The effect of color in creating a design character that
is appropriate for and compatible with the area will
be considered. All parking, circulation, driveways,
setbacks and signage shall be integrated with the
entire design theme of the project.
iv. The elevation design of the building shall
provide design character and detailing on all four
sides.
c. Noise.
Noise from drive-through speakers shall not be
audible from adjacent, residential districts.
7 . Mini-Warehouses.
a. Minimum site size shall be one acre.
b. On-Site Circulation, Drives and Parking.
\. Each mini-warehouse site shall provide a
minimum of two exits.
ii. All one-way driveways shall provide for one
ten-foot parking lane and one twelve-foot travel
lane. Traffic direction and parking shall be desig-
nated by signing or painting.
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iii. All two-way driveways shall provide for one
ten-foot parking lane and two ten-foot travel lanes.
iv. The parking lanes may be eliminated when the
driveway does not serve storage cubicles.
8. Outdoor Sales and Display.
a. Merchandise which IS offered for direct sale,
rental or lease to the ultimate consumer or user may
be displayed beyond the confines of a building in any
commercial district, but the area occupied by such
outdoor display shall not constitute a greater number
of square feet than 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 shall not exceed fifty percent of the total lot
area.
b. Outdoor sales and display areas shall not be
located in any required yard.
9. Recreational Vehicle Park and Overnight
Campground.
a. Recreational vehicle parks shall be screened
from view of any residential development.
b. Internal circulation roads shall be paved with a
concrete or asphaltic concrete surface.
c. Individual recreational vehicle parking pads
shall be plainly marked and maintained with a dust~
free surface.
d. Individual recreational vehicle parking pads
shall be set back at least thirty feet from the perime-
ter of the park and thirty feet from any public street
right-of-way.
e. Approved trash disposal and bathroom and
laundry facilities, including facilities for the handi.
capped, shall be provided for use of overnight camp.
ers.
10. Stable, Commercial.
a. The minimum property size shall be ten acres.
b. The proposed site shall not be adjacent to sub-
divided single-household residential property unless
that residential property contains an equestrian ease-
ment along the contiguous boundary.
c. Structures or facilities used for stabling, stor-
ing, showing or training of animals shall be set back
a minimum of one hundred feet from any adjacent
18.50.020
privately owned property. Dwelling units, accessory
structures incidental to dwelling units, and irrigated
pasturage may occur within the one hundred foot
setback area subject to the setback requirements of
the applicable zoning district.
d. There shall be a forty-foot yard adjacent to
any street
e. There shall be no shows or other activities
which would generate more traffic than is normal to a
residential area, unless the proposed site has direct
access from an arterial street as set forth in the
Bozeman Master Plan. Permission for such shows
and activities shall be obtained from the city. Noti-
fication shall be provided in a letter that explains the
nature and duration of the activity, and accommoda-
tions for spectators, traffic control and additional
parking for cars and trailers. This letter shall be sub-
mitted to the clerk of the commission at least one
month prior to the date of the show or activity.
f. All pasture and animal storage areas shall be
enclosed with fences or walls of a minimum of four
feet six inches in height. The design of these enclo-
sures shall be shown on drawings submitted with the
conditional use application.
g. All laws applicable to the public health and
appropriate care of animals must be complied with
for the entire period of operation .of the stable.
h. All activity, and pasture areas that are not
grassed shall be treated for dust control as approved
by the planning director.
i. Adequate parking for daily activities shall be
shown on the site plan and improved to city parking
standards. Additional parking, improved as deter-
mined by the planning director, shall be provided for
shows or other special events.
11. Tennis and Racquet Club.
a. The use will be compatible with any adjacent
neighborhood and will not be detrimental to the same
due to:
i. Increased automobile traffic;
ii. Noise generated from within the site.
b. The minimum property size shall be three
acres.
c. If outdoor courts are lighted, lighting shall be
placed and shielded so as not to be detrimental to
391
(Bozeman 11-01)
18.50.020
adjoining properties, shall shine down on the courts
and not up or out.
d. Fencing of outdoor courts shall not exceed
sixteen feet in height and may be required to be
opaque by the design review board.
e. There shall be no shows, tournaments or other
activity which would generate more traffic than is
normal to a residential area, unless access is provided
from an arterial street as set forth in the Bozeman
area master plan. If access is not provided from an
arterial street, permission for such shows and
activities shall be obtained from the city commission.
Permission shall be requested in a letter with a site
sketch that explains the nature and duration of the
activity and accommodations for spectators, addi-
tional parking and traffic control. This letter shall be
submitted to the clerk of the commission for city
commission consideration.
f. There shall be a landscaped fifty foot buffer
strip adjacent to any residential zoning district, or as
otherwise determined by the design review board.
g. Hours of operation may be controlled by the
city commission.
h. Perimeter fencing of the site may be required
by the design review board.
12. Accessory Dwelling Units. An owner or the
owners of real property may establish and maintain
an accessory dwelling unit within the principal
structure of a detached dwelling unit, or above a
garage, in the R~S, R-l, R-2, or R-2a districts if all of
the following conditions are met and continue to be
met during the life of the accessory dwelling unit:
a. The detached dwelling unit within which the
accessory dwelling unit is located, or the accessory
dwelling unit itself, is actually and physically occu-
pied as a principal residence by at least one owner of
record who possesses at least an estate for life or a
fifty percent fee simple ownership interest. No more
than one of the dwellings, either the principal
dwelling or the accessory dwelling, may be rented by
nonowners at the same time. A binding deed
restriction or covenant enforcing the single rental
restriction may be required as a condition of
approval;
(Bozeman 11-0 I )
b. In addition to the parking required for the
principal residence, one paved off-street parking
space is provided for the exclusive use of the acces-
sory dwelling unit;
c. The occupancy of the accessory dwelling unit
does not exceed two persons;
d. Garages shall not be converted for use as
accessory dwelling units. However, accessory dwell-
ing units shall be permitted to be placed above
garages;
e. No permit for an accessory dwelling unit shall
be granted for a principal dwelling that is not at least
five years old;
f. In no case shall an accessory dwelling unit be
larger than one thousand square feet;
g. Only one accessory dwelling unit may be
created per lot;
h. If the accessory dwelling unit is a part of the
principa~ dwelling unit, the accessory dwelling unit
shall be clearly incidental to the principal dwelling
unit and shall meet the fOllowing criteria:
i. The accessory dwelling unit is created only in
a single-household detached dwelling unit on a lot of
six thousand square feet or more,
ii. The accessory dwelling unit does not exceed
one-third of the total area of the principal structure,
iii. The accessory dwelling unit is created only
through internal conversion of the principal structure
or constructed above a garage. Minor exterior
changes may be made on the building, however, if
the square footage added constitutes no more than
five percent of the principal structure's existing
living area (exclusive of the garage),
iv. Second story additions on detached garages
shall be approved only if found compatible and
consistent with the existing character and fabric of
the neighborhood,
v. Ifthe entrance for the accessory dwelling unit
is separate from the entrance of the principal struc-
ture, the entrance shall only be located in the rear or
side yards.
i. The applicant shall comply with city building
department standards.
13. Portable Carry-Out Food and Beverage
Buildings.
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a. A ten thousand dollar site bound must be
secured on the property; evidence of liability
insurance, with coverage of one million dollars per
occurrence, shall be furnished by the owner.
b. Electrical service must be installed
underground, below frost line in compliance with all
electrical service codes, subject to approval by the
building official.
c. Structures shall not exceed eighty square feet
in size. All structure must be on an improved asphalt
or concrete surface, must be anchored below frost
line, be placed upon approved footings, and have a
fully electrically bonded frame. No structure shall
have an axle. Enclosed trailers must remove the axle,
be placed on an approved footing, secured below
frost level, with all related supports cosmetically
covered with an approved material.
d. Not more than one portable structure may be
placed on a zone lot (individual property or
contiguous properties held in common ownership).
Portable structures shall be placed in a manner so as
not to interfere with normal vehicle and pedestrian
circulation patterns or required emergency access.
Nor shaH such structures be placed in a manner that
eliminates or interferes with the use of required
parking spaces.
e. Request for special temporary use permits
shall be subject to review and must be approved by
the appropriate city department representatives,
including but not limited to city engineer, fire
marshal, building official, and planning director.
Permit coordination and final issuance shall be by the
planning director. A special temporary use permit
for portable carry-out food and beverage buildings
shall be valid for a period of one year, and may be
renewed annually thereafter only if all regulations
and requirements are strictly complied with on a
continuing basis.
f. Operations shall be subject to all licensing
requirements of the Gallatin City-County health
board. Documentation of such licensing, including a
copy of plans for water supply and disposal shall be
provided to the planning director prior to permitting.
g. The city reserves the right to revoke or
terminate this permit at any time by giving thirty
18.50.030
days written notice of such revocation or termination,
except that the city may, at it election, revoke or
terminate the permit at any time without giving any
notice if the owner fails to comply with or abide by
each and all of the terms and conditions of the
permit.
h. Portable food and beverage buildings as
described herein shall not be subject to certificate of
appropriateness requirements for entry corridors or
conservation overlay districts. (Ord. 1516 (part),
2000: Ord.15l4(part),2000: Ord.1513 ~ 1 (Exh.A)
(part), 2000)
18.50.030 Use of lands, buildings and
structures.
A. Only Uses Specifically Identified by This Title
to be Built. No building or structure or part thereof
shall be erected, altered, or enlarged for a use, nor
shall any existing building, structure, or part thereof,
or land, be used for a purpose or in a manner that is
not in conformity with the uses listed as permitted
uses for the zone in which such buildings, structure,
or land is situated. In addition, any land, building or
structure to be erected or used for a purpose listed as
a conditional use in such zone shall first receive
approval from the city commission. Existing
nonconforming uses and structures shall be governed
by Chapter 18.48.
B. Building Location on Lot. No building, or part
thereof, or structure shall be erected, nor shall any
existing building be altered, enlarged, or rebuilt or
moved into any zone, nor shall any open space be
encroached upon or reduced in any manner, except in
conformity to the yard and setback regulations
designed for the zone in which such building or open
space is located, except as otherwise specified in this
title.
C. Recreational Vehicle Parking on Residential
Lot. No person shall park or occupy any recreational
vehicle or mobile home on the premises of any
occupied dwelling or on any lot which is not a part of
the premises of any occupied dwelling, either of
which is situated outside of any approved mobile
home park or mobile home subdivision except that:
I. The parking of on Iy one unoccupied recre
393
(Bozeman 11-01)
18.50.030
ational vehicle in any accessory private garage, or in
a rear yard in any district is permitted, providing no
living quarters shall be maintained or any business
practiced in the recreational vehicle while such
recreational vehicle is so parked or ~tored; and
2. In the event of hardship, temporary use per-
mits may be granted for occupying such recreational
vehicle or mobile home.
D. Water and Sewer System Requirements.
1. Whenever any building lots and/or building
sites are created inside the city limits, and prior to the
issuance of any building penn its on such lots or sites,
public central water distribution and public central
sanitary sewer collection systems shall be provided to
the site. Each building site must utilize and be
connected to both the public central water
distribution and public central sanitary sewer collec-
tion systems.
2. These improvements shall be designed, con-
structed and installed according to the standards and
criteria as adopted by the city and approved by both
the city engineer and water superintendent 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 Chapter 18.54,
Planned Unit Development (PUD), or under
provisions established for Traditional Neighborhood
Development (TND), the issuance of a building
permit may be allowed prior to completion of the
public infrastructure, provided the following criteria
are met:
a. the subject property shall be developed under
the provisions of Chapter 18.54, Planned Unit
Development, or under provisions established for
traditional neighborhood development;
b. The property owners involved must enter into
an improvements agreement, 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 of Bozeman;
c. Approval of the final engineering design,
including location and grade, for the infrastructure
project must be obtained from the city engineering
(Bozeman 11-0 I)
department and the Montana Department of Health
and Environmental Sciences when applicable, prior
to issuance of any building permit for the
development;
d. Building permits may be issued incrementally,
dependent upon the status of installation of the
infrastructure improvements. All building
construction within the PUD or TND shall cease until
required phases of infrastructure improvements as
described in the PUD or TND have been completed,
and inspected and accepted by the city of Bozeman;
e. the property owner shall provide and maintain
fire hazard and liability insurance which shall name
the city as an additional insured and such issuance
shall not be cancelled without at least forty-five days
prior notice to the city. The property owner shall
furnish evidence, satisfactory to the city, of all such
policies and the effective dates thereof;
f. The property owner recognizes,
acknowledges, and assumes the increased risk ofloss
because certain public services do not exist at the
site;
g. The property owner shall enter into an
agreement with the city which provides for
predetermined infrastructure funding options;
h. No occupancy of any structures or
commencement of any use constructed or proposed
within the boundaries of the PUD or TND will be
allowed until required infrastructure improvements
have been completed, and inspected and accepted by
the city of Bozeman, and a certificate of occupancy
has been issued;
i. The property owner shall enter into an
agreement with the city to address the provision of
any services on an interim basis during construction,
if deemed appropriate;
j. The property owner shall execute a hold
harmless and indemnification agreement
indemnifying, defending, and holding harmless the
city, its employees, agents and assigns from and
against any and all liabilities, loss, claims, causes
of action, judgments, and damages resulting from
or arising out of the issuance of a building permit
under this section; and
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k. the property owner shall pay for any
extraordinary costs associated with the project which
the city may identify, including, but not limited to,
additional staff hours to oversee the planning,
engineering and constructi,?n of the project and
infrastructure improvements, inspection of the
infrastructure improvements and any extraordinary
administrative costs.
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. (Ord. 1532
~ 1,2001; Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.50.035 Miscellaneous requirements.
A. Glare and Lighting.
1. Deflection. Any lighting, including that for
security purposes, used to illuminate an off-street
parking area, sign or other structure, shall be
arranged so as to deflect light down and/or away
from any adjoining properties and shall not detract
from driver visibility on adjacent streets. Luminaries
and lenses shall not protrude below the edge of the
light fixture.
2. In addition, all lighting (except for security
purposes) shall be turned off between eleven p.m.
and six a.m. Exceptions will be granted to those
businesses which are operating during these hours.
3. Light Standards. Lighting standards used to
illuminate off-street parking areas shall not exceed
twenty feet or the height of the tallest building on the
lot, whichever is lower. Light standards and fixtures
shall be compatible with the site design and
architecture.
4. The installation or erection of any lighting
which may be confused with warning signals,
emergency signals, or traffic signals shall not be
pennitted.
5. All new and replacement lighting fixtures,
including those installed in conjunction with existing
development, shall comply with the requirements of
this section.
B. Surface Water Ponding. Natural ponding areas
shall be retained as much as possible or, if necessary,
18.50.035
enlarged or modified as directed by the director of
public service to restrict the off-site runoff, subject to
city subdivision requirements for storm water runoff
control and the city's stonnwater drainage
requirements.
C. Outdoor Storage.
1. All materials, supplies, merchandise or other
similar matter not on display for direct sale, rental or
lease to the ultimate consumer or user shall be stored
within the confines of a one hundred percent opaque
wall or fence not less than six feet tall.
2. No storage of any type shall be permitted
within any required yard.
3. All areas designated for vehicle and equip-
ment storage shall be screened from view from the
street and adjacent properties as per Section
18.50.035(C)(I). Vehicle and equipment storage
areas shall not be subject to parking lot paving or
landscape requirements, but shall be subject to
drainage detention requirements and appropriate dust
control requirements.
D. Trash and Garbage Incineration-Enclosures.
I. Incineration. No exterior incineration of trash
or garbage is permissible.
2. Trash Enclosures. A pennanent enclosure for
temporary storage of garbage, refuse and other waste
materials shall be provided for every use, other than
single-household dwellings, duplexes, or individually
owned townhouse or condominium units, in every
zoning district, except where a property is entirely
surrounded by screen walls or buildings. Trash enclo-
sures shall be constructed so that contents are not
visible from a height of five feet above grade from
any abutting street or property. Trash enclosures shall
comply with the following regulations:
a. Location. Trash enclosures, surrounding stan-
dard steel bins (dumpsters), shall be located on the
site for convenient pickup service, and the location
shall be shown on required site plans. Trash enclo-
sures shall not be located in required front yards, and
shall be situated so that containers can be pulled
straight out of the enclosure or so the sanitation truck
can back straight into it. The location of all trash
enclosures shall be subjectto review and approval by
the city streets and sanitation department.
395
(Bozeman 11-01)
18.50.040--18.50.060
Chapter 18.52 shall provide adequate bicycle parking
facilities to accommodate bicycle-riding residents
and/or employees and customers of the proposed
development. Bicycle parking facilities will be in
conformance with standards reco~ended by the
Bozeman area bicycle advisory board. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.50.040 Dwelling unit restrictions.
A. No Use of Unfinished Structures. No cellar,
garage, tent, tepee, basement with unfinished struc-
ture above, accessory building vehicle, or any mobile
home or recreational vehicle outside of an approved
mobile home or recreational vehicle development
shall 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 ofa
finished home shall be properly dampproofed and
have natural lighting, heating, ventilation, suitable
fire protection and exits if used for living purposes.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.50.050 Accessory buildings, uses and
equipment.
A. Accessory Buildings as Principal Building. An
accessory building shall be considered an integral
part of the principal building if it is connected to the
principal building by a common wall.
B. Accessory Buildings Not Permitted In Front
Yards. Accessory buildings, uses, or equipment shall
not be stored or constructed between the front lot line
and required front building line.
C. Height of Accessory Buildings. Accessory
buildings and garages in residential districts shall not
exceed the height of the principal structure and shall
not be located within a utility easement.
D. Accessory Buildings in Rear. Accessory build-
ings in any business or industrial district may be
located only to the rear of the front line of the prin-
cipal building.
E. Accessory Building Height. No accessory
building in any residential, business or industrial
(Bozeman 11.01)
district shall exceed the height of the principal
building unless such accessory building has been
otherwise approved as per this title.
F. Detached Structures Setback Requirements.
1. A detached structure such as a garage shall
meet the setback requirements of the main building,
except that garages may be located ten feet from rear
property lines in districts where rear yard setback
requirements exceed ten feet for principal structures.
2. Detached accessory structures such as storage
sheds not larger than one hundred twenty square feet
in area, playhouses, garbage enclosures, etc. shall not
be located in any required front or side yard, but may
be located one foot from property lines in required
rear yards. These limitations shall not apply to such
features as lawn ornaments, bird feeders, utility
service boxes or mailboxes.
3. A detached structure wall shall maintain a
minimum of six feet separation from the main struc-
ture wall.
G. Percentage of Yard Coverage. Accessory
structures may occupy not more than twenty-five
percent of any required rear yard. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.A)
(part),2ooo)
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18.50.060 Yard and height encroachments,
limitations and exceptions.
A. Permitted Encroachments Into Yards. The
following shall be permitted encroachments into
required yards, subject to any and all applicable
Uniform Building Code requirements:
I. Architectural features, which do not add
usable area to a structure, such as chimneys, bal-
conies, stairways, wing walls, bay windows, sills,
pilasters, lintels, cornices, eaves, gutters, awnings,
and steps, provided such architectural features do not
extend more than five feet into any required front or
rear yard;
2. Architectural features, which do not add
usable area to a structure, such as chimneys, bal-
conies, stairways, wing walls, bay windows, sills,
pilasters, lintels, cornices, eaves, gutters, awnings,
and steps, provided such architectural features do not
396-2
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extend more than two and one-half feet into any re-
quired side yard;
3. Terraces and patios, uncovered decks and
stoops, or similar features, provided that such fea-
tures shall 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 yard or two
feet into any required side yard;
4. Porches, covered terraces, and covered decks,
provided such features shall not occupy more than
one-third of the length of the building wall, excluding
the length of the garage if applicable, and shall not
extend more than five feet into any required front or
rear yard or two feet into any required side yard;
5. Fire escapes may be permitted in required side
or rear yards only;
6. Wheelchair ramps may encroach into any re-
quired yard, but shall not be located closer than three
feet from any property line; and
7. Flag poles, ornamental features, trees, shrubs,
walkways, nameplate signs, and floodlights or other
sources of illumination provided the direct source of
light is not visible from the public right-of-way or
adjacent residential property.
B. Zero Lot Line Conditions. Where an individu-
al owns two adjoining lots or where the owners of
two adjoining lots make legal written agreement a
zero lot line concept may be used for single-
household dwelling unit developments. This may
result in the creation of a two-household residential
structure, only in districts permitting such structure,
or the creation of townhouse clusters in districts
permitting such structure. In all cases a minimum
ten-foot side yard shall be maintained adjacent to the
exterior side, or nonzero lot line side, of the structure.
C. Special Yard Setbacks.
1. The corner side yard for any corner lot not
located on an arterial street may be fifteen feet,
except when the vehicular access to a garage is
located on that street frontage.
2. A twenty-five foot corner, side or front yard
shall be provided on all arterials designated on the
Bozeman area master plan.
D. Watercourse Setbacks. No newly constructed
structure, addition to an existing structure, parking lot
18.50.060
or other similar improvements shall be located closer
than thirty-five feet to the mean high water mark of a
watercourse as defined in this title. For the purpose
of this section, the mean high water mark shall be de-
fined as the line which the water impresses on the
soil by covering it for sufficient periods to deprive it
of vegetation. A minimum of five feet of the required
thirty-five foot setback immediately adjacent to the
watercourse shall be left in a natural vegetative state.
E. Height Limitation Exceptions.
I. Non-Specific Exemptions. No building, or
part thereof, or structure shall be erected, reconstruct-
ed, 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 Chapter
18.56, or as specifically authorized by the city
commission 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 shall not apply to church
spires, belfries, cupolas and domes; monuments;
chimneys and smokestacks; flag poles; public and
private utility facilities; transmission towers of com-
mercial and private radio-broadcasting stations;
television antennae, excluding, however, any such
facility regulated by Chapter 18.57; parapet walls ex-
tending no more than four feet above the limiting
height of the building except as hereinafter provided;
and solar energy collectors and equipment used for
the mounting or operation of such collectors.
b. Places of public assembly in churches, schools
and other pennitted public and semi-public buildings
may exceed height limitations otherwise established
by this title; provided that these are located on the
ground floor of such buildings and provided that for
each one foot by which the height of such building
exceeds the maximum height otherwise pennitted in
the district, its side and rear yards shall be increased
in width or depth by an additional foot over the side
and rear yards required in the district.
c. Elevator and stair penthouses, water tanks,
monitors and scenery lofts are exempt from height
limitations otherwise established in this title; pro-
vided that no linear dimension of any such structure
396-3
(Bozeman 11-01)
18.50.070-18.50.080
exceed fifty percent of the corresponding street front-
age line.
d. Towers and monuments, cooling towers, gas
holders or other structures, where the manufacturing
process requires a greater height, and grain elevators
and silos are exempt from this title'; provided that any
structure above the height otherwise permitted in the
district shall occupy no more than twenty-five
percent of the area of the lot and shall be at least
twenty-five feet from every lot line. (Ord. 1516
(part), 2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2(00)
18.50.070 Fences, waIls and hedges.
A. Location. Except as provided in Section
18.50.080, fences, walls and hedges, in any district
may be located on lot lines provided such fences,
walls and hedges do not exceed eight feet in height.
Fences exceeding eight feet in height shall be subject
to the minimum yard requirements of the district in
which such fences are located. However, no fences,
walls or hedges shall exceed four feet in any comer
side yard or front yard, as defined in this title. Fences
used in an agricultural pursuit to retain stock animals
shall be excepted.
B. Relation to Linear Parks. Fences located in the
rear yard setback of properties adjoining any
Bozeman linear park shall have a maximum height of
four feet.
C. Construction, Maintenance and Height Mea-
surement.
1. Construction and Maintenance. Every fence or
wall shall be constructed in a substantial, workman-
like manner and of substantial material reasonably
suited for the purpose for which the fence or wall is
proposed to be used. Every fence or wall shall be
maintained in a condition of reasonable repair and
shall not be allowed to become and remain in a
condition of disrepair, damage, or unsightliness, or
constitute a nuisance, public or private. Any such
fence or wall which is, or has become, dangerous to
the public safety, health or welfare, or has become
unsightly through improper maintenance or neglect is
a public nuisance and the building inspector shall
(Bozeman 11-0 I)
commence proper proceedings for the abatement
thereof.
2. Barbed Wire and Electric Fences.
a. No barbed wire or similar sharp fencing or
electric fences shall be pennitted, except in A-S and
R-S districts; except that barbed wire or other similar
sharp fencing materials may be used on the top of
security fences in M-l and M-2 districts.
b. When electrically charged fences are used in
an A-S district or R-S district, such fences shall be
posted with warning signs at intervals not to exceed
one hundred fifty feet where such fences are adjacent
to public rights-of-way.
3. Measuring Fence and Wall Height. In case of
a fence erected on top of a retaining wall, the height
shall be measured from the grade of the high side of
the wall.
D. Fences and Walls in All Districts-"Finished"
Side Out. Any fence or wall constructed so as to have
only one elevation "finished," which shall be defmed
as not having its supporting members significantly
visible, shall be erected such that the finished eleva-
tion of the fence is exposed to the adjacent property.
E. Fencing of Utilities and Outdoor Storage
Areas.
1. All utility substations, wells, storage facilities,
or other utilities shall be screened from view by a
wall, fence, hedge or landscape screen.
2. All storage for commercial operations shall be
conducted within a completed enclosed building or
within an area completely enclosed, except for access
points, by a wall, fence, hedge or landscape screen at
least six feet in height. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
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18.50.080 Street vision triangle.
A. Arterial Streets. On comer lots on arterial
streets in all districts, no fence, wall or planting in
excess of thirty inches above the street centerline
grade shall be permitted within a triangular area
defined as follows: beginning at the intersection of
the projected curblines of the two intersection streets,
thence fifty feet along one curb line, thence diagonal
396-4
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ly to the point fifty feet from the bottom of beginning
on the other curblines, then to the point of beginning.
B. Collector and Local Streets. On comer lots, on
collector and local streets, all districts, no fence, wall
or planting in excess of thirty inches above the street
centerline grades shall' be permitted within a
triangular area defined as follows: beginning at the
intersection of the projected curblines of two inter-
secting streets, thence forty feet along one curbline,
thence diagonally to a point forty feet from the point
of beginning on the other curb line, then to the point
of beginning.
C. Driveways and Alleys. At the intersection of
each driveway or alley with a street, a triangular area
where corners are defined by two points on the right-
of-way line, fifteen feet on each side of the centerline
of the driveway or alley and a point on centerline ten
feet outside the right-of-way.
D. Provision for Trees in Street Vision Triangle.
1. Single-stem canopy trees 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 this
title 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. (Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.50.100 Property frontage and drive access
standards.
A. Public Street Frontage Required. Except as
otherwise allowed or required by this title, no lot
shall be created unless such lot abuts for at least
twenty-five feet on a public street, and every building
hereafter erected or moved shall be on a lot adjacent
to an improved public street, with at least twenty-five
feet of frontage as described above.
Exception. When construction and funding of
public streets are occurring under the provisions of
18.50.100
Chapter 18.54, Planned Unit Development (PUD), or
under provisions established for traditional
neighborhood development, the issuance of building
permits may be allowed prior to completion of the
public streets, pursuant to the provisions established
for municipal water and sanitary sewer in Section
18.50.030.D.3 and 18.50.030.D.4.
B. Drive Access From Improved Public Street or
Alley Required.
1. Except as otherwise allowed or required by
this title, primary drive access to buildings on all lots
shall be provided from the abutting improved public
street or alley.
2. For purposes of this code, "improved public
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 the city engineering department;
b. Constructed public streets which may not meet
current city or county standards but which are
constructed to a standard which 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 pro-
posal.
C. Drive Access Requirements.
1. Drive accesses, taking primary access from an
improved public street as defined above, are required
for commercial parking lots and parking lots for
residential developments of four or more dwelling
units. Parking lots for residential developments of
three or fewer dwelling units may take primary
access from an improved public street or improved
public alley as defined in subsection (B)(2) of this
section with access provided according to the provi-
sions of Section 18.50.120(B)(5).
2. All drive accesses installed, altered, changed,
replaced or extended after the effective date of the
ordinance codified in this chapter shall comply with
the following requirements:
a. Residential drive access openings shall con-
form to the following criteria:
i. Single-household drive access openings shall
not exceed twenty-four feet in width measured at the
right-of-way line and thirty feet in width measured at
396-5
(Bozeman 11.01)
18.50.100
the curbline. All residential complexes for fewer
than four households are considered single-household
residences for the purpose of this section.
ii. Residential complexes with four or more
dwelling units shall be considered commercial (non-
residential) establishments for the purpose of this
section, except that separated parking facilities for
individual townhouse units shall be considered the
same as single-household parking facilities.
b. Nonresidential drive access openings shall
conform to the following criteria:
i. Commercial drive access widths shall be a
maximum of thirty-five 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 shall be a minimum of twenty-
four feet and one-way drive access shall be a mini-
mum of sixteen feet;
ii. Industrial drive access widths shall be a maxi-
mum of forty feet measured at the inside edge of the
drive access extended, at its intersection with the
projected curb line of the intersecting street. Two-
way drive accesses shall be a minimum of twenty-
four feet and one-way drive accesses shall be a mini-
mum of sixteen feet;
Driveway Access
Located on Collector Streets
Nearest
Intersecting
Street
Arterial
Collector
Local
Distances from
Intersection
In Res. Dist. In CommJ Ind.
Dist.
100'
40'
40'
150'
150'
100'
Note: All distances shall be measured from the
inside edge of the drive access, extended at its
intersection with the projected curbline of the inter-
secting street.
E. Drive Access Spacing. The distance between
(Bozeman 11.01)
c. Drive accesses for all multiple tenant com-
mercial buildings or complexes/centers, or industrial
drive accesses shall be set back a minimum of fifteen
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 shall be located not
closer than two hundred feet to any pedestrian or
vehicular entrance or exit to a school, college, uni-
versity, church, hospital, public emergency shelter or
other place of public assembly;
e. All commercial and industrial drive accesses
on arterial streets shall have fifteen-foot return radii
unless otherwise approved by the director of public
service. All commercial and industrial drive accesses
on other streets may have either return radii or de-
pressed curbs. The minimum mdius allowed is four
feet.
D. Distance from Intersection. Driveway access
distance from street intersections shall be subject to
the following minimum dimensions, unless otherwise
approved by the director of public service as part of
an approved site plan.
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Driveway Access
Located on Arterial
Streets
Distances from
Intersection
In Res. Dist. In CommJ Ind. Dist.
150'
150'
100'
200'
150'
150'
drive accesses on a public street, except for single-
household dwellings, as defined above, shall be
measured from inside of drive to inside of drive ac-
cording to the following specified distances, unless
otherwise approved by the director of public ser-
vice as part of an approved site plan.
396-6
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18.50.110
Driveway Access
Spacing on Arterial
Streets
Res. Dist. CommJ Ind. Dist.
Driveway Access
Spacing on Collector Streets
Res. Dist.
CommJ Ind. Dist.
Average
Spacing
Partial Access*
Full Access**
Minimum Separation
60'
100'
60'
80'
150'
80'
80'
100'
60'
150'
150'
100'
Notes: ** Partial access includes right turn in and out only.
** Full access allows all turn movements, in and out.
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F. Number and Location of Drive Accesses.
1. Single-household uses shall be limited to one
drive access per street face, except on properties
abutting arterial streets in which case circular drive-
ways, or driveways facilitating the turning of auto-
mobiles on-site, shall be required.
2. Notwithstanding any other provisions of this
title, drive accesses may not be located closer than
five feet to any side property line, unless shared
access with the adjoining property is approved.
G. Shared Drive Access. The city desires and
encourages sharing access drives between separate
parcels.
H. Access Approval Required. All drive accesses
shall be approved by the city engineer for width and
location.
I. Deviations from Property Access Standards.
1. Some of the standards listed in subsections C
through F of this section, may be relaxed by the
Director of Public Service if it is shown during the
site plan review process that more efficient design
can be accomplished without jeopardizing the
public's health, safety and welfare.
2. Deviations from access standards shall be ap-
proved at the discretion of the public service director.
3. Commercial developments (including resi-
dential complexes for four or more households)
which may not be able to meet the requirements of
subsections C through F of Section 18.50.120, and
are requesting deviations from the standards, shall
submit to the director of public service a report
-e
certified by a professional engineer addressing the
following site conditions, both present and future:
a. Traffic volumes;
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances;
f. Location and alignment of other access points.
4. Based upon the above data, the director of
public service shall determine whether a deviation
from the required standards is justified and, if so,
what alternative requirements will be necessary.
(Ord. 1532 ~ 2. 2001; Ord. 1516 (part), 2000: Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.50.110 Parking requirements.
A. General Provisions.
1. Floor Area.
a. The term "floor area," for the purpose of
calculating the number of off-street parking spaces
required. shall mean eighty-five percent of the gross
floor area, as defined in Section 18.04.700.
However, at the election of the property owner, floor
area shall mean the gross floor area, as defined in
Section 18.04.700, minus following:
i. Window display areas;
ii. Storage areas;
iii. Areas used for incidental repair of equipment
used or sold on the premises;
iv. Areas occupied by toilets and restrooms;
396-7
(Bozeman I J.OI)
18.50.110
v. Areas occupied by public utility facilities;
vi. Areas occupied by dressing rooms, fitting or
alteration rooms incidental to the sale of clothing;
vii. Areas occupied by stairways and elevators;
viii. Corridors connecting roo,ms or suites of
rooms:
Such election shall be made in writing to the plan-
ning director, shall be signed and acknowledged by
the owner and shall be filed with the planning direc-
tor prior to the issuance of a building permit for such
building. The owner shall also be responsible for
certifying other information upon. which parking
requirements may be based, such as seats, and the
number of employees on maximum working shift.
b. Where applicable, the number of spaces re-
quired in subsection F of this section 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, including additions to buildings, that
may require more parking, an occupancy permit is
required and shall not be issued until such additional
parking spaces, as required by this title, are fur-
nished.
B. Stall, Aisle and Driveway Design.
1. Parking Dimensions. The following shall be
the minimum parking space dimensions:
Angle Width. Length Aisle
Width
Standard Handicapped Compacte Standard Handicapped Compactb
900 9.0' 13' 8' 18/20,b 18/20,b 16' 26'c
600 9.0' 13' 8' 18/20' 18/20' 16' 18/23d
450 9.0' 13' 8' 18/20' 18/20' 16' 15/23d
Notes:
a. As measured by a line perpendicular to the stall line at a point on the outside end of the stall. except when
the stall is on the inside edge of a curve, in which case the point of measurement shall be on the inside end of the
stall.
b. Eighteen feet if measured from a curb on the inside edge of the stall; twenty feet if measured from a
painted line on the inside edge of the stall. Stall length variations are subject to approval by the planning and
zoning commission.
c. For ninety-degree parking, aisles are two-way;
d. First number refers to one-way traffic; second number to two-way traffic. If the aisle is needed as a fire
lane, a twenty-foot minimum is required.
e. Unless otherwise approved, all parking spaces shall be of standard width and length. In any parking
facility containing twenty or more parking spaces, a maximum of twenty-five percent of the required parking
spaces may be reduced in size for small cars, provided these spaces shall 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 shall be located in
one or more contiguous areas and/or adjacent to ingress-egress points within parking facilities. Location of
compact car parking spaces shall not create traffic congestion or impede traffic flows.
(Bozeman 11-01)
396-8
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2. Within Structures.
The off-street parking requirements may be fur-
nished by providing spaces so designed within the
principal building or accessory parking structure;
however, no building permit shall be used to convert
the parking structures into a dwelling unit or living
area or other activity until other adequate
provisions are made to comply with the required
off-street parking provisions of this title.
3. Exceptions to These Parking Requirements.
Because some situations (Le., existing lots which
have no landscaping, irregular lots, lots with topo-
graphic 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 excep-
tions and/or landscaping would encourage
development within existing city boundaries; the
following alternatives may be permitted:
These alternatives may be proposed by the devel-
oper 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. Neighborhood Conservation Overlay District.
Except in the B-3 district, parking requirements in
neighborhood conservation overlay districts will be
governed by Chapter 18.42 of this title. Generally,
parking and access drives should not have an adverse
effect on any existing elements which contribute to
the character of the neighborhoods. Common
driveways, single-car garages, and landscaped yards
and boulevards may be some of the important ele-
ments to retain. The procedures outlined in Chapter
18.42 may be used to define all parking require-
ments.
b. Landscaping in Lieu of Parking.
Except in the B-3 district, property owners have
the option of requesting the deletion of up to five re-
quired spaces or ten percent of the required parking
spaces, whichever is less, if three hundred fifty
square feet of landscaping, trees, streetscaping or
sculptural elements (not signage) is installed on the
18.50.110
property for each space so deleted. This shall not de-
crease the amount of landscaping that would have
been required with full parking, but shall be in
addition to such landscaping. This option shall be
approved by the ADR staff. These improvements
must be placed in the public right-of-way or yards
directly facing the right-of-way.
c. Exceptions and Modifications to Parking Re-
quirements in B-3 District. Where all or part of the
required parking spaces cannot be provided for a pro-
posed use in the B-3 District, either through owner-
ship 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:
i. No building permit shall be issued, nor shall
any use of property be initiated unless a satisfactory
cash-in-lieu payment is received by the department of
finance.
ii. The parking commission shall review and con-
sider all requests for cash-in-lieu payments and
furnish a written and dated certificate, signed by the
parking comnusslon chairman, authorizing
cash-in-lieu payments. A copy of this certificate shall
be presented to the chief building official and zoning
administrator before a building permit is issued or the
use instituted.
iii. For each required parking space not provided,
an appropriate payment shall be made to the city fi-
nance director as specified by city commission
resolution.
iv. AU funds received under the provisions of this
chapter shall be deposited in an interest-bearing
account and unless otherwise directed by the city
commission, shall be used for the acquisition of
additional parking facilities and for the renovation
and resurfacing of same.
v. The cash-in-lieu fee may be revised, at the
discretion of the city commission, upon the recom-
mendation of the parking commission, to reflect
changing market values.
vi. All real property assessed by special improve-
ment district (SID) No. 565, or other similarly
adopted improvement districts designed to provide
additional parking spaces within the B-3 district,
396-9
(Bozeman 11.01)
18.50.110
shall not be required to provide additional parking
spaces beyond those required at the time of the SID
adoption, provided the use of the real property and
improvements remains unchanged from the initial
assessments of SID No. 565, or other similarly
adopted improvement districts. '
In the event that a new use or an expansion is
initiated on any portion of real property or improve-
ments subsequent to the assessments for SID No. 565
or other similarly adopted improvement districts,
then parking space requirements shall be satisfied
prior to initiation of those new or expanded uses.
4. Circulation Between Bays. Except in the case
of one to three-household dwellings and individual
townhouse units. parking areas shall be designed so
that circulation between parking bays occurs within
the designated parking lot and does not depend upon
a public street or alley.
5. Backing into Public Right-of-Ways. Except in
the case of one to three-household dwellings and
individual townhouse or condominium units. parking
area design which requires backing into the public
street or alley is prohibited. In all cases where back-
ing occurs, the required aisle width shall be provided.
The aisle width calculation may incorporate the
width of the public right-of-way.
6. Parallel Parking Spaces. Parallel parking spac-
es shall be a minimum of twenty-four feet in length.
7. Surfacing. Except for single-household
development on individual lots, all areas intended to
be utilized for permanent parking space and drive-
ways shall be paved with concrete or asphaltic
concrete, or approved pavers. to control dust and
drainage. All proposed parking areas and driveway
improvements shall require a grading and drainage
plan approved by the city engineer. However, paving
shall not be required for permitted and conditional
uses in the R-S zoning district when all of the
following circumstances exist:
a. The use is required to provide fewer than
fifteen 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
(Bozeman 11-01)
c. The applicant shall enter into an improve-
ments agreement with the city agreeing that the lot
shall be paved within nine months of the time an
adjacent roadway is paved.
8. Striping. Except for one to three-household
dwellings and individual townhouse units, all parking
stalls shall be marked with painted lines not less than
four inches wide.
9. Lighting. Any lighting used to illuminate an
off-street parking area shall be so arranged as to
reflect the light down and/or away from adjoining
property, abutting residential uses and public rights-
of-way, and shall be in compliance with the lighting
restrictions in Section 18.50.135.
10. Signs. No sign shall be so located as to restrict
the sight lines and orderly operation and traffic
movement within any parking area. All signs shall
conform to the requirements of Chapter 18.65.
11. Parking Lot Curbing.
a. Except for individual townhouse units and one
to three-household dwellings, all open off-street
parking areas and driveways shall have a six inch by
six inch perimeter concrete curb around the entire
parking lot, including driving access ways. Continu-
ous concrete curbing shall be built according to stan-
dards provided by the city engineer.
b. Concrete pin-down wheel stops may be per-
mitted as an alternative to continuous concrete curb-
ing in front of parking spaces which front on the
perimeter of the parking lot. However, continuous
concrete curbing as described above shall be provid-
ed in all situations where deemed necessary by the
city engineer to control drainage and soil erosion.
c. Alternative perimeter treatment may be per-
mitted adjacent to snow storage areas subject to the
approval of the director of public service.
d. Requirements for perimeter curbing shall not
preclude opportunities for shared access between
adjacent parking lots.
12. Protruding Vehicles. All on-site parking stalls
which abut property lines shall be designed and
constructed such that parked vehicles shall not pro-
trude over property lines.
13. Pedestrian Facilities in Parking Lots. Concrete
sidewalks a minimum of three feet in width shall be
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396-10
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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.
14. Snow Removal Storage Areas. Snow removal
storage areas shall be provided sufficient to store
snow accumulation on site. Such areas shall not
cause unsafe ingress/egress to the parking areas, shall
not cause snow to be deposited on public rights-of-
way, shall not include areas provided for required
parking access and spaces, and shall not be placed in
such a manner as to damage landscaping. All snow
removal storage areas shall be located and designed
such that the resultant stormwater runoff is directed
into landscaped retention/detention and water quality
improvement facilities as required by the city
engineering department, or in compliance with any
adopted storm drainage ordinance.
15. Parking and Stacking for Drive-InIDrive-
Through Facilities. Required parking and stacking
spaces for waiting automobiles shall be determined
by the DRC and shall not in any manner inhibit on-
site or off-site vehicular circulation.
16. Ownership/Leasehold. Required parking lots
shall be owned or leased by the owner or lessee of
the building or use being served by such parking.
Such parking lots shall be maintained as a parking lot
so long as the building and/or use served is in
operation or until another approved parking area is
established for such building or use.
1850.110
17. Storm Water Drainage. Storm water drainage
from parking lots shall be directed into landscaped
detention/retention facilities and water quality im-
provement facilities as required by the city engi-
neering department, or in compliance with any
adopted storm drainage ordinance.
C. Maintenance. It shall be the joint and separate
responsibility of the lessee and owner of the principal
use, uses or building to maintain in a neat and ade-
quate manner, the parking space, accessways,
striping, landscaping and required fences or
screening.
D. Use of Required Parking Areas for Parking
Only. Required off-street parking spaces in any dis-
trict shall not be utilized for open storage, sale or
rental of goods, storage of inoperable vehicles,
except when permitted as a temporary use.
E. Parking Spaces Identified and Maintained. All
residential occupancies shall provide required off-
street parking spaces. When enclosing a carport or
garage for storage or living purposes, an affidavit
shall be submitted to the planning director identifying
the required parking spaces necessary to comply with
subsection (F)(1) below.
F. Number of Spaces Required. The following
minimum number of off-street, paved parking
spaces shall be provided and maintained by
ownership, easement and/or lease for and during
the life of the respective uses hereinafter set forth:
396-11
(Bozeman 11.01)
18.50.110
1. Residential Uses.
Dwelling Types
Off-Street Parking Spaces Required per Dwelling
With On-Street Parking Without On-Street Parking
(Spaces/Unit)* (SpacesIUDit)*
e
Efficiency unit
One-Bedroom Dwelling
TwofThree Bedroom Dwellings
Dwellings with more than three
bedrooms
Group homes and community
residential facilities
Bed and breakfast
1.25
1.25
2.00
2.00 plus 1.00 for each bedroom
over three
1 space per potential guest room
1.25
1.5
3.00
3.00 plus 1.00 for each bedroom
over three
1 space per potential guest room
1.00 space/rental unit
1.00 space/rental unit
*Each twenty-four linear feet of available street frontage directly adjacent to a lot; excluding drive accesses,
designated non-parking areas, and similar circumstances, shall be considered to be available for the purpose of
one on-street parking space. If the number of dwelling units on a lot exceeds the number of parking spaces
which is available from on-street parking directly adjacent to the lot, then parking for those dwellings exceeding
the number of directly adjacent on-street parking spaces shall be provided as if no on-street parking were
available.
All site plans submitted for permit purposes shall identify parking space allocations.
2. Nonresidential Uses.
Use Type
Off-Street Parking Spaces Required
e
Automobile sales
1 space per 200 square feet of indoor floor area, plus
1 space per 20 outdoor vehicle display spaces
2 spaces per service stall, but no less than 4 spaces
3 spaces or 1 for each employee on maximum shift,
plus stacking space
Automobile service and/or repair station
Automobile washing establishment
-Automatic drive-through
-Self-service
Bank, financial institutions
Bowling alley
2 spaces per stall not including washing or drying spaces
1 space per 300 square feet
4 spaces per alley, plus 2 spaces per billiard table, plus 1
space per each 5 ~isitor gallery seats
1 space per 4 seats or six linear feet of space in each building
based upon design capacity of main assembly hall; plus,
public assembly areas, recreational buildings - 1 per 200
square feet; plus, classroom - 1 space per 4 seats
I space per 200 square feet of floor area
I space per 200 square feet of floor area, plus 3 spaces per court
1 space per 300 square feet of floor area
1 space per 200 square feet of floor area
Church
Community or recreation center
Court clubs (racquetball, handball, tennis)
Dancehalls, skating rinks or similar uses
Day care centers
(Bozeman 11.01)
396-12
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Elderly (senior citizens) housing
Furniture stores over 20,000 square feet
Golf courses
Hospitals
Medical and dental offices
Manufacturing and industrial uses
Motels, Hotels
Restaurants, bars, dining rooms
Commercial areas
Public assembly areas
18.50.110
] space per unit
3 spaces per 1,000 square feet of floor area
] space per 200 square feet of main building floor area, plus
1 space for every two practice tees in driving range, plus
4 spaces per each green in the playing area
1 space per bed
4 spaces for each full-time-equivalent doctor or dentist, plus
1 space for each full-time-equivalent employee
1 space per 1,000 square feet of floor area, plus
1 space per 2 employees on maximum working shift
1.1 spaces per each guest room, plus
1 space per employee on maximum shift, plus
spaces for accessory uses as follows:
I space per 60 square feet
1 space per each 400 square feet of floor area
1 space for each 5 seats based upon design capacity, except that
total off-street or off-road parking for public assembly may be
reduced by 1 space for every 4 guest room
396-13
(Bozeman 11.01)
18.50.110
Nursing homes, rest homes or similar uses
Offices (except medical and dental)
Outdoor sales (plant nurseries, building
materials, equipment rental and sinular)
Restaurants, cafes, bars and similar uses
Retail store and service establishments
Sales sites; model homes
Schools
Elementary and/or junior high
Senior high
Business or similar school
Theatre, auditorium or similar place of
assembly
Warehousing, storage or handling of bulk
goods
3. Disabled Accessible Parking Spaces.
a. Disabled parking spaces shall be provided
subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated
January 26, 1992, and Federal Standard 795,
(Uniform Federal Accessibility Standards) dated
(Bozeman 11~01)
4 spaces, plus
1 space for each 3 beds, plus
1 space for each employee on maximum shift
1 space per 250 square feet of floor area with a minimum of 4
I space per 500 square feet of sales and/or display area. The
size of the sales and/or display area shall be determined on a
case by case basis by the planning board
1 space per 50 square feet of indoor public serving area, plus
1 space per 100 square feet of outdoor serving (patio) area
1 space per 300 square feet of floor area
1 space per 150 square feet of model floor areas; and
1 space per employee
1.5 spaces for each classroom, library, lecture hall and
cafeteria, plus
I space per each 3 fixed seats in the main area of public
assembly, or
I space for each 21 square feet of area available for public
assembly if fixed seats are not provided
1.5 spaces for each classroom or lecture hall, plus
1 space per each 5 students, plus
I space for each non-teaching employee, plus
1 space per each 3 fixed seats in the area of public assembly, or
1 space per 21 square feet of area available for public assembly
if fixed seats are not provided
1 space for each 1.25 students
I space per 4 seats based upon design capacity
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 300 square feet of floor
area
April 1, 1988, Chapter 4(Accessible Elements and
Spaces: Scope and Technical Requirements).
b. All parking lots and facilities shall be
subject to current Uniform Building Code
guidelines for accessibility, and shall contain a
minimum number of disabled accessible parking
spaces as set forth in the table below:
396-14
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Total Parking in Lot
lt025
26t050
5lt075
76tol00
101 to 150
151 t0200
201 to 300
301 t0400
401 to 500
501 to 1000
1001 and over
18.50.110
Required Minimum Number of Accessible Spaces
1
2
3
4
5
6
7
8
9
2 percent of total
20 plus 1 for each 100 over 1000
The fIrst accessible parking stall provided and one
in every eight accessible spaces provided thereafter
shall have an aisle eight feet wide (rather than fIve
feet) and shall be signed "van accessible."
Accessible spaces shall be located as near as
practical to a primary entrance(s) and shall be
designated as those spaces closest to the primary
entrance(s) to a facility. Parking spaces and access
aisles shall be level with slopes not exceeding I :50 in
all directions and shall be maintained in an ice and
snow free condition.
The minimum number of accessible parking
spaces shall be in addition to any required parking
spaces.
c. All accessible parking spaces shall be
designated as reserved for the disabled by a sign
showing the symbol of accessibility at each space.
Such signs shall not be obscured by a vehicle parked
in the space. Signs and symbols painted on the
pavement as the only means of identification, do not
meet this requirement.
Raised signs shall be located at a distance no
greater than five feet from the front of each
accessible space and shall be subject to review and
approval by the planning department.
d. Provision of an accessible path of travel from
each disabled accessible parking space to the
entrance of the facility shall include ramped access
where necessary and an unencumbered minimum
three-foot wide walk, sidewalk or ramps. The
accessible path of travel shall be paved, smooth
surface, free of defects or design features that would
restrict, inhibit or unreasonably impede the
movement of a physically disabled individual.
The least possible slope shall be used for any
ramp. The maximum slope of a ramp in new
construction shall be 1: 12, cross slopes shall not
exceed one-quarter inch per foot. The maximum rise
396-15
(Bozeman Il-O I )
for any run shall be thirty inches (seven hundred
sixty millimeters).
e. Exceptions:
Group R occupancies containing three or less
dwelling units or congregate residences
accommodating ten persons or le~s.
G. Joint Use of Parking Facilities.
1. Up to eighty percent of the parking facilities
required by this subsection for a church, civic center,
performing arts center, or for an auditorium
incidental to a public or parochial school maybe
supplied by the off-street parking facilities by the
following daytime uses: banks, business offices,
retail stores, personal service shops, household
equipment or furniture shops, clothing or shoe repair
or service shops, manufacturing, wholesale and
similar uses.
2. Other joint use of parking by commercial uses
to reduce total parking spaces maybe allowed with an
approved parking study submitted by a registered
professional engineer, architect or landscape
architect.
3. Conditions Required for Joint Use.
a. The building or use for which application is
being made to utilize the off-street parking
facilities provided by another building or use shall
be located within one thousand 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.
b. The applicant shall show that there is no
substantial conflict in the operating hours of the two
buildings or uses for which joint use of off-street
parking facilities is proposed.
c. 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, shall be
filed with the clerk of the commission and recorded
with the county clerk and recorder.
H. Off-Site Parking.
I. Any off-site parking which is used to meet the
requirements of this title shall be reviewed by the
planning director for compliance with this title and
shall be subject to the conditions listed below.
(Bozeman 11-01)
18.50.110
a. Off-site parking shall be developed and
maintained in compliance with all requirements and
standards of this title;
b. Reasonable access from off-site parking
facilities to the use being served shall be provided;
c. The site used for meeting the off-site parking
requirements of this title shall be under the same
ownership as the principal use being served, under
public ownership, or shall have guaranteed
permanent use by virtue of a perpetual lease filed
with the clerk of the commission and the county clerk
and recorder
d. Off-site parking for single-household and two-
household dwellings shall not be permitted;
e. Off-site parking for multiple-household
dwellings shall not be located more than one hundred
feet from any commonly used entrance of the
principal use served;
f. Off-site parking for nonresidential uses shall
not be located more than one thousand feet from the
commonly used entrance of the principal use as
measured by the route of travel from the nearest
parking space to the commonly used entrance of the
principal use served and shall not be located in
residential districts;
g. Any use which depends upon off-site parking
to meet the requirements of this title shall maintain
ownership or provide evidence of a long-term
irrevocable lease agreement, running in perpetuity
with the existence of the designated use, for parking
utilization of the off-site location Improvement
Schedule. All parking area improvements to include
surfacing, drainage, walkways, lighting, landscaping,
screening, traffic control, etc. shall be installed
according to the provisions of Chapter 18.62.
J. Stacking of Off-Street Parking Spaces.
Required parking spaces shall be located so as to
preclude stacking of off-street parking spaces, with
the exception of single-household dwellings and
individual townhouse units, and duplexes with
physically separated individual driveways.
K. No Parking Permitted in Required Front or
Side Yards. Required parking spaces shall not be
located in any required front or side yard, except
that detached single-household dwellings and
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396-16
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townhouses, and duplexes with physically separated
individual driveways, may have one space located
within a driveway area in the required front yard for
each enclosed parking space. (Ord. 1516 (part),
2000 : Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.
A) (part), 2000) ,
18.50.120 Off~street loading berth
requirements.
A. Affected Uses. Every hotel, restaurant,
department store, freight terminal railroad yard,
Square Feet of Aggregate Gross Floor Area
e
15,000 sq. ft. up to and inc. 40,000 sq. ft.
40,001 sq. ft. up to and inc. 100,000 sq. ft.
100,001 sq. ft. up to and inc. 160,000 sq. ft.
160,001 sq. ft. up to and inc. 240,000 sq. ft.
240,001 sq. ft. up to and inc. 320,000 sq. ft.
320,001 sq. ft. up to and inc. 400,000 sq. ft.
400,001 sq. ft up to and inc. 490,000 sq. ft.
For each additional 100,000 sq. ft.
e
Any office building one hundred thousand square
feet or larger shall have at least one off-street loading
berth.
B. Standards for Off-Street Loading Facilities.
All off-street loading facilities shall conform to the
following standards:
1. The first loading berth shall be at least seventy
feet in length. Additional berths required shall be at
least forty-five feet in length unless certified by the
property owner in writing that additional loading
activity will take place exclusively with small
delivery vans in which case the berth(s) shall be at
least twenty-five feet in length. All loading berths
shall be at least twelve feet in width and fourteen feet
in height, exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any
required yard space, except front and exterior side
yards, and shall not be located closer than fifty 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.
18.50.120
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 fifteen thousand
square feet or more shall provide off-street truck
loading or unloading berths in accordance with
the following table:
Required Number of Berths
Devoted to Such Use
1
2
3
4
5
6
7
1 additional
3. Sufficient room for turning and maneuvering
vehicles shall be provided on the site so that vehicles
shall cross a property line only by driving forward.
4. Each loading berth shall be accessible from a
street or alley or from an aisle or drive connecting
with a street or alley, without traversing a residential
district.
5. The loading area, aisles and access drives
shall be paved so as to provide a durable, dustless
surface and shall be so graded and drained so as to
dispose of surface water without damage to private or
public properties, streets or alleys.
6. Bumper rails shall be provided at locations
where needed for safety or to protect property.
7. If the loading area is illuminated, lighting shall
be deflected down and/or away from abutting
residential sites so as to cause no annoying glare.
8. No regular repair work or servicing of
vehicles shall be conducted in a loading area.
396-17
(Bozeman 11.01)
9. Off-street loading facilities shall be located on
the same site with the use for which the berths -r
required.
10. If more than one use is located on a site, the
number of loading berths provided shall be equal to
the sum of the requirements prescribed in this title for
each use. If more than one use is located on a site and
the gross floor area of each use is less than the
minimum for which loading berths are required but
the aggregate gross floor area is greater than the
minimum for which loading berths are required, off-
street loading berths shall be provided as if the
aggregate gross floor area were used for the use
requiring the greatest number of loading berths.
13. Space allocated to any off-street loading berth
shall not be used to satisfy the space requirements for
any off-street parking facility. (Ord. 1516 (part),
2000: Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.
A) (part), 2000)
18.50.130 Special temporary use pennit.
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, or constructing a public
facility. Such uses shall be so conducted that they
will not be detrimental in any way to the surrounding
properties or to the community. Uses permitted
subject to a special temporary use permit may
include:
1. Carnivals, circuses, special events of not over
seventy-two consecutive hours;
2. Tent revival meetings;
3. Swap meets;
4. Such other uses as the planning director may
deem to be within the intent and purpose of this
section.
B. Application and Filing Fee. Application for a
special temporary use permit maybe made by a
property owner or his authorized agent. Such
application shall be filed with the planning director
who shall charge and collect a filing fee for each
such application, as provided in Chapter 18.62. The
Planning Director may also require any information
(Bozeman 11-01)
18.50.120
11. Off-street loading facilities for a single use
shall not be considered as providing required off-
street loading facilities for any other use.
12. At the time of initial occupancy, major
alterations or enlargement of a site, or of completion
of construction of a structure or of a major alteration
or enlargement of a structure, there shall be provided
off-street loading berth requirements subject to the
provisions of Chapter 18.62. The number of loading
berths provided for a major alteration or enlargement
of a site or structure shall be in addition to the
number existing prior to the alteration or
enlargement.
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deemed necessary to support the approval of a
special temporary use permit, including site plans as
per Chapter 18.52.
C. Decision. Application for a special temporary
use permit shall be reviewed by the planning director
who shall approve, conditionally approve, or
disapprove such application. Approval or conditional
approval shall be given only when in the judgment of
the planning director such approval is within the
intent and purposes of this chapter. Any person
aggrieved by the decision of the planning director
may file an appeal within fifteen days of such
decision with the city commission pursuant to
Chapter 18.56.
D. Conditions. In approving such a permit, the
approval shall be made subject to a time limit and
other conditions deemed necessary to assure that
there will be no adverse effect upon adjacent proper-
ties. Such conditions may include the following:
I. Regulation of parking;
2. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of bonds or other guarantees for
cleanup or removal of structure or equipment;
6. Such other conditions deemed necessary to
carry out the intent and purpose of this section.
(Ord. 1516 (part), 2000: Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A)(part), 2000)
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396-18
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18.50.140 Home occupations.
A. Generally. A home occupation is a use that is
considered accessory to a dwelling unit.
1. Home Occupations by Right. A home occu-
pation shall be carried on by one or more persons, all
of whom reside within the dwelling unit, and where
no more than one person is employed on more than a
half-time basis other than resident and domestic help.
The use shall be clearly incidental and secondary to
the use of the dwelling for residence purposes and
shall not change the character thereof or adversely
affect the uses pennitted in the residential district of
which it is a part. The home occupation may not be
conducted in an accessory structure.
2. Home Occupations by Conditional Use
Permit. A home occupation shall be carried on by on
or more persons where no more than one person is
employed on more than a half-time basis other than
resident and domestic help. The use shall be
incidental and secondary to the use of the lot for
residence purposes and shall not be incompatible
with the character of the zoning district thereof or
adversely affect the principal uses permitted in the
residential district of which it is a part. Home
occupations by conditional use permit may only be
allowed on lots occupied by single-household
detached dwellings. There shall be no outside
storage of any kind; any indoor storage, construction,
alterations, or electrical or mechanical equipment
used. shall not change the fire rating of the structure.
When a home occupation has been established
through the conditional use permit process, it means
that the owner, lessee, or other persons who have a
legal right to the use of the dwelling unit also have
the right to conduct the home occupation whether in
the principal or an accessory structure. However,
such conditional use shall be subject to all conditions
set forth in this title, except the provisions of Section
18.49.070, Landscape Performance Standards. All
permits required by the city, including, but not
limited to, building permits and business licenses,
shall be received prior to establishing such home
occupation.
B. Purpose of Provisions.
18.50.130-18.50.140
1. It is in the intent of this section to eliminate as
of right home occupations all uses except those that
conform to the standards set forth in this section. In
general, a home occupation is an accessory use so
located and conducted that the average neighbor,
under normal circumstances, would not be aware of
its existence with the exception of permitted signage
as allowed by Chapter 65. The standards for home
occupations included in this section are intended to
insure compatibility with other permitted uses and
with the residential character of the neighborhood. A
clearly secondary 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 a home occupation.
2. it is the intent of this section to provide,
through the conditional use process established in
Chapter 18.53, opportunities for home occupations
which are more intensive in nature than those which
would be allowed of right. In general, a home
occupation approved through the conditional use
process is an accessory use which complies with the
requirements of this title and is subordinate to the
primary use of the particular lot for residential
purposes. The standards for home occupations
included in this section are intended to insure
compatibility with other permitted uses and with the
residential character of the neighborhood. A
secondary, but not incidental, status in relation to the
residential use of the main building is the criteria for
determining whether a proposed use may, under
certain circumstances, qualify as a home occupation
which may be approved by the conditional use
process. As stated in Section 18.53.010 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 occupation which does not
comply with the terms of an of right home
occupation as listed in this section.
C. Necessary Conditions. Of right home
occupations are permitted accessory uses in
residential districts only so long as all the following
conditions are observed:
396-19
(Bozeman 1I~0l)
I. Such occupation shall be conducted solely by
resident occupants in their residence with not more
than one half-time nonresident employee;
2. No more than twenty-five percent of the gross
area of all structures shall be used for such purpose;
3. No use shall require internai or external alter-
ations or involve construction features or the use of
electrical or mechanical equipment that would
change the fire rating of the structure;
4. No home occupation shall cause an increase in
the use of anyone or more utilities (water, sewer,
garbage, etc.) so that the combined total use for
dwelling and home occupation purposes exceeds the
average for residences in the neighborhood;
5. There shall be no outside storage of any kind
related to the home occupation;
6. 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;
7. No use shall create noise, dust, vibration,
smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater
or more frequent extent than that usually experienced
in an average residential occupancy in the district in
question under normal circumstances wherein no
home occupation exists.
D. Necessary Conditions. Home occupation
permitted through the conditional use permit process
are allowed in residential districts only so long as all
the following conditions are observed:
1. Such occupation shall be conducted by
resident occupants with not more than one half-time
nonresident employee;
2. No more than thirty percent of the gross area
of all structures shall be used for such purpose;
3. No use shall require internal or external
alterations or involve construction features or the use
of electrical or mechanical equipment that would
change the fire rating of the structure beyond that
allowed in residential uses;
4. No home occupation shall cause an increase in
the use of anyone or more utilities operated by the
city of Bozeman so that the combined total use for
(Bozeman 11-01)
18.50.140
dwelling and home occupation purposes exceeds the
average for residences in the neighborhood;
5. There shall be no outside storage of any kind
related to the home occupation;
6. No use shall create noise, dust, vibration,
smell. smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance to any greater
or more frequent extent than that allowed by Chapter
18.50.
E. Complaints. Complaints by citizens of
Bozeman may be cause for termination of the home
occupation. However, should such complaint be
filed, the operator is entitled to an appeal to the city
commission for a public hearing. The city
commission shall determine whether or not the fIled
complaint identifies sufficient violation of this title to
warrant tennination or modification of the home
occupation.
F. Examples of the Uses that Frequently Qualify
as Home Occupations. The following are examples
of uses which can typically be conducted within the
limits of the restrictions established in this section
and thereby may qualify as home occupations. Uses
which may qualify as home occupations are not
limited to those named in this subsection (nor does
the listing of a use in this subsection automatically
qualify as a home occupation): accountant; architect;
artist; attorney-at-law; author; consultant; dressmak-
ing; individual musical instrument instruction; indi-
vidual tutoring; insurance; millinery; and realtor.
G. Uses That Are Prohibited. The following uses,
by the nature of the investment of operation, have a
pronounced tendency, once started, to rapidly
increase beyond the limits permitted for home occu-
pations and thereby impair the use and value of a
residentially zoned area for residential purposes.
Therefore, the following uses shall not be permitted
as home occupations: auto repair, minor or major;
barbershop; carpentry work; contractor's offices,
unless no construction activity or storage of materials
and/or equipment occurs at the residence; dance
instruction; dental offices; medical offices; mobile oil
and lube services; painting of vehicles, trailers, or
boats; private schools with organized classes; radio
repair; television repair; upholstering; beauty salons.
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396-20
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G. Home Occupation Procedures.
I. Notice of Intent to Operate an of right Home
Occupation. Any individual applying for a business
license with the intent of operating the business from
hislher home, shall acknowledge by signature hislher
understanding of the requirements and conditions of
Chapter 18.50 of this title.
2. Appeal to City Commission. Any person may
appeal the planning director's action to the city
commission within fifteen days as per Chapter 1856.
(Ord.1516(part),2ooo :Ord.1514(part),2000:Ord.
1513 ~ I (Exh. A) (part), 2000)
18.50.150 Mobile homes on individual lots.
A. Intent. It is the intent of this section to allow
mobile homes, as defined herein, in specified zoning
districts in which similar one-household dwellings
constructed on the site are permitted subject to
requirements and procedures set forth herein to
assure acceptable similarity in exterior appearances
between such mobile 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 mobile 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 mobile home
on the individual building lot shall be submitted to
the building division in conjunction with the
application for a building permit for the building
foundation. The application shall include all
information as deemed necessary by the zoning
administrator to make determinations as to
conformity with subsection C of this section, and it
shall include a minimum of color photographs of all
sides of the mobile home, of the nearest existing
residences or other grounds or buildings on each side
of the proposed site, and of existing residences or
grounds fronting upon the same street as the
proposed site and opposite thereto, and also including
those within one hundred fifty feet of each comer of
the proposed site. As a minimum requirement, it
shall also include description of siding and roofing
18.50.140
material in sufficient detail as to make possible
determination as to its appearance and durability.
C. Standards for Determination of Acceptable
Similarity in Exterior Appearance and Construction.
The following standards shall be used in
determinations of acceptable similarity in appearance
and construction between mobile homes with
permanent foundation and residences constructed on
the site to assure that such mobile homes will be
compatible in appearance with site-built housing that
has been or may be constructed in adjacent or nearby
locations.
1. No mobile homes shall have fenestration or
other features, or use colors or color combinations
that will be incompatible in the residential
neighborhood.
2. The roof shall have sloping lines with eaves,
such as gable, mansard and shed style roofs or shall
be compatible with conventionally built homes in the
surrounding areas. The pitch of the main roof shall
not be less than one foot of rise for each four feet of
horizontal run. Minimum distance from eaves to
ridge shall be ten feet.
3. the roofing material shall be shake, tile
composition shingle, or other materials commonly
found on conventionally built homes in the
surrounding areas.
4. the exterior covering material shall be similar
or closely compatible to that found on conventionally
built residential structures in the surrounding area.
Reflection from such exterior shall not be greater
than from siding coated with clean, white, gloss,
exterior enamel.
5. The exterior covering material shall extend to
the ground. If a solid concrete or masonry perimeter
foundation is used, the exterior covering material
shall extend below the top of the foundation.
6. The exterior covering and roofing materials of
the garage( s), carport( s) and accessory buildings shall
be compatible with the materials on the mobile home.
7. The finished floor shall be a maximum of
twenty-four inches above the exterior finished
grade of the lot, or similar to the conventionally
built homes in the surrounding area.
396-21
(Bozeman 11.0])
18.50.150
8. The mobile home shall be so located on the lot
that the portion nearest the principal street frontage is
at least thirty-four feet in total length when measured
as a line parallel to the street. Such dimension shall
be measured from outer extremities, including eaves,
and shall include any additions to 'the main body of
the mobile home, such as living or recreation rooms,
garages, carports, utility rooms, and the like, the front
portions of which are within ten feet of the front of
the main body of the mobile homes.
9. Mobile homes on pennanent foundations shall
meet all the property development standards for the
zone in which they shall be located. These standards
include, but are not limited to: lot area and
dimension; area per dwelling unit; front, rear and side
yard setbacks; building height, lot coverage, location
of accessory buildings; and off-street parking.
10. Mobile homes shall be approved for location
on individual building lots only if they have been
certified as meeting the Mobile Home Construction
and Safety Standards of the U.S. Department of
Housing and Urban Development.
C. Actions by Planning Director. Upon receipt of
an application as required by subsection B of this
section, the planning director shall make a decision to
approve or disapprove of the application within
fifteen days, or he may make referral to the city
corrunission. Referrals to the city commission shall
be placed on the agenda for its regular meeting.
Within five days after receipt of recommendations
from the city commission, the planning director shall
make a determination as to conformity with
subsection C of this section, notifying the applicants
of approval or disapproval. In the case of
disapproval, the reasons therefore shall be stated in
writing. (Ord. 1516 (part), 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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(Bozeman 11.01)
396-22
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18.51.010
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Chapter 18.51
DESIGN REVIEW BOARD (DRB),
ADMINISTRATIVE DESIGN REVIEW (ADR)
STAFF AND DEVELOPMENT REVIEW
COMMITIEE (DRC)
Sections:
18.51.010
18.51.020
Purpose of design review board,
administrative design review staff
and development review
committee.
General procedures, notice and
timing.
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18.51.010 Purpose of design review board,
administrative design review staff
and development review committee.
A. Purpose. The design review board, adminis-
trative design review staff and the development
review committee are established to coordinate,
expedite and assure fair, equitable implementation of
this title. The objective, to be implemented through
their procedures and deliberations, shall be to
encourage development quality that will enhance
both the natural and built environments, with full
consideration to present and future property values.
The development review committee is established to
evaluate all proposals subject to the provisions of
Chapter 18.52; the development review committee
shall act as an advisory body for larger and more
complex proposals, and an approval body for smaller
and less complex proposals. The design review board
is established to evaluate aesthetic considerations of
larger and more complex proposals which are likely
to produce significant community impact, including
major site plans and conditional use permits, but
excluding conditional use permits for the purpose of
accessory dwelling units and conditional use permits
which do not create additional building area, located
within overlay districts and all planned unit
developments, and to provide recommendations
regarding such proposals to the city-county planning
board and city commission, subject to the provisions
of Chapter 18.52. The administrative design review
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396-23
(Bozeman 11.01)
18.51.010
staff is established as the approval body for aesthetic
considerations of smaller and less complex propos-
als, including sketch plans within overlay districts,
minor site plans, and conditional use permits for
accessory dwelling units and conditional use permits
where no additional building are'a will be created,
which are less likely to produce significant commu-
nity impact, subject to the provisions of Chapter
18.52.
B. Development Review Committee Procedures
Established. To implement this purpose, certain
procedures shall be adopted to include, but not be
limited to, a regularly scheduled weekly or biweekly
meeting attended by representatives of each of the
city or county departments charged with develop-
ment review, each representative of which shall have
decision making capability and authority (veto
power). Written meeting reviews setting forth
decisions and findings shall be made. These records
shall be preserved as part of the official proceedings
for each development proposal. Lastly, the DRC
shall generally follow "Robert's Rules of Order" and
may prepare and adopt supplemental procedural rules
that will assure the accomplishment of the stated
purpose and promote the efficiency and effectiveness
of the developmental review process.
1. The committee shall at a minimum be com-
posed of the following personnel: director of public
service or designee, fire marshal or designee, the
superintendent of streets/garbage or designee, the
superintendent of water/sewer or designee, the
planning director or designee, and the building
official or designee. When necessary, other members
of the committee may include: the police chief or
designee, the superintendent of parks/cemetery or
designee, the recreation superintendent or designee,
the city manager or designee, with other individuals
to be included as necessary at the planning director's
request.
2. When applicable, the committee may solicit
the input of noncity agencies and persons including,
but not limited to, the county subdivision review
officer or designee, the county sanitarian or designee,
the county road superintendent or designee, and state
(Bozeman 11-01)
or federal agencies, with other individuals to be in-
cluded as necessary.
C. Design Review Board Procedures Established.
1. To implement this purpose, certain procedures
shall be adopted to include, but not be limited to, a
regularly scheduled weekly or biweekly meeting
attended by members of the board. Written meeting
reviews setting forth decisions and findings shall be
made. These records shall be preserved as part of the
official proceedings for each developmental
proposal. Lastly, the DRB shall generally follow
"Robert's Rules of Order" and may prepare and adopt
supplemental procedural rules, upon the approval of
the city commission, that will assure the
accomplishment of the stated purpose and promote
the efficiency and effectiveness of the design review
process.
2. The board shall consist of six professional and
two nonprofessional members. Professional members
shall be degreed in their respective disciplines and/or
otherwise licensed or certified by their respective
professional authorities. The professional contingent
shall consist of four architects, one architectural
historian, and one landscape architect or landscape
designer. At least one of the professional members
shall have a demonstrated expertise in urban design.
Nonprofessional members shall be individuals with
an interest in, or knowledge of, urban design or
historic preservation. No member of the design
review board shall serve concurrently as a member of
the Bozeman planning board. A quorum of the DRB
shall be four voting members and one of the
members constituting the quorum must be an
architect.
3. In selecting the members, the city commission
shall give preference to residents of the city of
Bozeman. However, where a qualified professional
resident is not available to serve, the city commission
may appoint a professional member who practices
professionally, owns property, or owns a business
within the city of Bozeman. Where a
nonprofessional resident is not available to serve, the
city commission may appoint a nonprofessional
member who works,
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396-24
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owns property or owns a business within the city of
Bozeman.
O. Administrative Design Review Staff Proce-
dures Established.
1. To implement this purpose, certain procedures
shall be adopted, including the administrative evalu-
ation of a proposal without public notice or comment
unless a deviation from the underlying zoning is
requested. After a proposal has been evaluated by the
ADR staff, said staff shall issue a written decision
that shall include findings and may include a notice
of required corrections. The ADR staff may call a
conference with the applicant to determine design
alternatives, or the applicant may call a conference
with the ADR staff for said purpose; any such
conference shall be conducted prior to the issuance of
a building permit for the proposal.
2. ADR staff shall consist of two planning staff
members. One member shall be degreed, and/or
otherwise licensed or certified by hislher respective
professional authorities, in an environmental design
discipline such as architecture, landscape architecture
or urban design. The second member shall be the
planning director or hislher designee, who mayor
may not be degreed in architecture. (Ord. 1531 ~ 15,
2001; Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.51.020 General procedures, notice and tim
ing.
A. Informal Advice and Direction. A person or
organization considering any construction, building -
or site alteration, rezoning or other development
activity, with the exception of potential planned unit
development applications, may approach the ORC,
ORB and/or AOR for informal advice and direction.
Such discussion shall be treated as advisory by both
parties and shall record only the fact that contact had
been made. An informal review by the ORC and/or
ORB may be requested by submitting a completed
application form provided by the planning director
along with any schematic development plans or
written narrative at least one week prior to the next
regularly DRC and/or DRB meeting. The initial
informal review by an applicant or owner for a
18.51.020
specific parcel shall be conducted without a fee; a
fee, in accordance with the fee resolution adopted by
the city commission, shall be charged for a second or
subsequent informal review requested by the same
applicant and/or owner for the same real property as
a prior informal review. No application is required
for informal review or advice by the ADR staff.
B. Formal Application. An application for ORC,
DRB and/or AOR consideration of a development
proposal must be submitted utilizing a form available
from the planning director. Material to be submitted
with the application shall include the elements set
forth within the requirements for the type of proposal
to be considered, i.e., sketch plan, site plan,
conditional use permit, certificate of appropriateness,
planned unit development, etc., as outlined in
Chapter 18.52. It is recommended that the applicant
discuss the application informally with the DRC,
ORB, ADR or planning director prior to formal
submission to help expedite the process. Depending
upon the size ofthe proposed project, its location and
type, the applicant may be directed to one or more
agencies of the city for processing.
C. Public Notice. Public notice for any proposal
before the DRC, DRB or ADR, that requires such
notice, shall be provided in accordance with Section
18.52.055.
D. DRC, ORB and/or ADR Action. By day
fourteen from the date of the regularly scheduled
DRC and/or DRB meeting at which the applicants'
proposal was initially reviewed, the ORC and/or
DRB shall take action to approve, approve with
conditions, table pending submission of revised or
additional materials, deny the applicant's proposal, or
recommend such action to the appropriate approval
authority. For proposals subject to ADR review, the
ADR staff shall take action to approve, approve with
conditions, delay pending submission of revised or
additional materials or deny the applicant's proposal.
E. Plan Appeals Procedure. The applicant or
certain other parties may appeal a decision of the
DRC, DRB and/or ADR. The criteria for appeals is
set forth in Chapter 18.58, Plan Appeals Procedure.
(Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
396-25
(Bozeman 11-01)
18.52.010--18.52.020
Chapter 18.52
PLAN REVIEW AND APPROVAL
Sections:
18.52.010
18.52.020
18.52.030
18.52.040
Introduction.
Sketch plan review.
Site plan review.
Special development proposals--
Additional application require-
ments, review procedures and
review criteria.
Certificates of appropriateness--
Additional application require-
ments, review procedures and
review criteria.
Public notice requirements.
Building pennits based upon
approved sketch or site plans.
Amendments to sketch and site
plans.
Appeals.
18.52.050
18.52.055
18.52.060
18.52.070
18.52.080
18.52.010 Introduction.
A. All development proposals within the city will
be subject to plan review and approval. Depending
on the complexity of development, either sketch
plans or site plans will be required as specified in this
chapter.
B. Special development proposals (i.e., PUDs,
CUPs, variances, mobile homes located on individual
lots, etc.) require other information to be submitted in
conjunction with sketch plans or site plans and are
subject to requirements specific to the type of pro-
posa1. These additional submittal requirements and
review procedures are outlined in Section 18.52.040.
C. When a development is proposed within a
neighborhood conservation or entryway corridor
overlay district, or proposes signs which do not
specifically conform to zoning requirements, design
review is required in conjunction with either sketch
plan or site plan review. In such cases, additional
submittal requirements and review procedures apply
as outlined in Section 18.52.050. (Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 20(0)
(Bozeman I J.OI)
18.52.020 Sketch plan review.
A. Sketch Plan Submittal Requirements.
I. Certain independent development proposals
(i.e., not in conjunction with other development) are
required to submit only sketch plans, drawn to scale
and in sufficient detail to demonstrate compliance
with all zoning requirements. Sketch plans shall be
oriented with north at the top of the page and shall
also show site boundaries, street and alley frontages
with names, and location of all structures with dis-
tances to the nearest foot between buildings and from
buildings to property lines.
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 certifi-
cate of appropriateness (see Section 18.52.050).
3. Examples of independent projects which
qualify for sketch plan review are: individual single-
household, two-household, three-household, and
four-household residential units, each on individual
lots; mobile homes on individual lots; fences; signs
in compliance with zoning requirements; special
temporary uses; and accessory structures associated
with these uses. Other similar projects may be deter-
mined by the planning director to require only sketch
plan review. The planning director shall determine all
submittal requirements.
B. Sketch Plan Review Procedures.
1. No Certificate of Appropriateness Required.
Sketch plans for projects which do not require a
certificate of appropriateness shall be submitted to
the planning staff for a determination of compliance
with zoning requirements. Once compliance is
achieved, the application will be approved for con-
struction or referred to the appropriate permitting
authorities.
2. Certificate of Appropriateness Required.
Sketch plans and such additional information as may
be required for projects which require a certificate of
appropriateness as per Section 18.52.050 shall be
submitted to the ADR staff, who shall review the
proposal for zoning compliance, including compli-
ance with the applicable overlay district require-
ments. Once compliance is achieved, the application
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will be approved for construction or referred to the
appropriate permitting authorities. Review and
approval authority for sketch plans that require
certificates of appropriateness shall rest with the
DRB if the ADR staff consists of less than two
members.
C. Sketch Plan Review Criteria. Sketch plans
shall be reviewed for compliance with all applicable
zoning requirements including overlay district re-
quirements and the cessation of any current viola-
tions of this title, exclusive of any legal noncon-
forming conditions. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.52.030 Site plan review.
A. Classification of Site Plans.
1. For purposes of this title, site plans will be
classified as major or minor site plans. All devel-
opments within the zoning jurisdiction of the city,
except individual single-household, two~household,
three-household and four-household residential
structures, each on individual lots, and other develop-
ment proposals requiring only sketch plan review,
shall be subject to this section. A major site plan
involves one or more of the following:
a. Twelve or more dwelling units in a multiple-
household structure or structures;
b. Fifteen thousand or more square feet of office
space, retail commercial space, service commercial
space or industrial space;
c. More than one building on one site for per-
mitted office uses, permitted retail commercial uses,
permitted service commercial uses, permitted indus-
trial uses or permitted combinations of uses;
d. Twenty thousand or more square feet of
exterior storage of materials or goods;
e. Parking for more than forty vehicles.
2. Any other site plan, except those that are part
of a planned unit development or conditional use
permit, will be considered a minor site plan.
3. Any conditional use permit application shall
be reviewed according to the regulations in Chapter
18.53.
4. Any planned unit development shall be re-
viewed according to the regulations in Chapter 18.54.
18.52.030
B. Review Authority.
1. The city commission has the right to review
and require revisions to any proposed site plans,
major or minor. The purpose of this review is to
prevent demonstrable adverse impacts of the devel-
opment upon public safety, health or welfare; to
protect public investments in roads, drainage facili-
ties, sewage facilities, and other facilities; to con-
serve the value of adjoining buildings and/or proper-
ty; and to ensure that the applicable regulations of the
city are upheld.
2. However, the planning board authorizes the
development review committee and/or the
administrative design review staff, when applicable,
to review and approve minor site plans and
conditional use permits for the purpose of accessory
dwelling units and conditional use permits which do
not create additional building area, subject to the
appeal provisions outlined in Chapter 18.58. The city
commission authorizes the development review
committee and/or the design review board, when
applicable, to review and approve major site plans,
planned unit developments, and conditional use
permits not otherwise assigned to administrative
design review staff subject to the appeal provisions
outlined in Chapter 18.58. In consideration of any
major site plan application, the planning board shall
conduct a public hearing that has been duly noticed
as per Section 18.52.055.
C. Application of Site Plan Review Procedures.
1. These procedures shall apply to all develop-
ments within the zoning jurisdiction of the city
except for individual single-household, two-
household, three-household and four-household
residential units, each on individual lots, or to other
development proposals requiring only sketch plan
review.
2. The site plan shall be submitted and approved
prior to the issuance of any building permit.
3. No occupancy permits shall be issued for any
development for which site plan review is required
until certification has been provided demonstrating
that all terms and conditions of site plan approval
have been complied with.
D. Site Plan Submittal Requirements.
396-27
(Bozeman 11-01)
18.52.030
1. Applications for all site plan approvals shall
be submitted to the planning office on forms pro-
vided by the planning director. The site plan applica-
tion shall be accompanied by the appropriate fee and
development plans showing sufficient information
for the city commission, design' review board or
development review committee to determine whether
the proposed development will meet the development
requirements of the city. Unless otherwise specified,
twenty copies of the application and required
supplemental information addressing the following
shall be submitted:
a. General Information.
I. Name of project/development,
ii. Location of project/development by street
address and legal description,
iii. Location map, including area within one-half
mile of site,
iv. Name and mailing address of developer and
owner,
v. Name and mailing address of engineerl archi-
tect, landscape architect and/or planner,
vi. Date of plan preparation and changes,
vii. North point indicator,
viii.Suggested scale of one inch to twenty feet, but
not less than one inch to one hundred feet,
ix. List of names and addresses of property own-
ers within two hundred feet of site, using the most
current known property owners of record as shown in
the records of the Gallatin County Clerk and
Recorder's Office,
x. Stamped, unsealed envelopes addressed with
names of above property owners,
xi. Zoning classification within two hundred feet,
xii. Listing of specific land uses being proposed,
and
xiii.Complete, signed application.
xiv. Excluding sketch and minor site plans, a map
showing construction traffic routes to and from the
job site. The route shall avoid, where possible, local
or minor collector streets or streets where
construction traffic would disrupt neighborhood
residential character or pose a threat to public health
and safety;
(Bozeman 11.01)
b. Site Plan Information. The following informa-
tion is required whenever the requested information
pertains to: (1) zoning or other regulatory require-
ments; (2) existing conditions on-site; or (3) condi-
tions on-site which would result from the proposed
development.
i. Boundary line of property with dimensions,
ii. Location, identification and dimension of the
following existing and proposed data, on-site and to a
distance of one hundred feet outside site plan
boundary unless otherwise stated:
(A) Topographic contours at a minimum interval
of two feet, or as determined by the planning direc-
tor,
(B) Adjacent streets and street rights-of-way to a
distance of one hundred fifty feet, except for sites
adjacent to major arterial streets where the distances
shall be two hundred feet,
(C) On-site streets and rights-of-way,
(D) Ingress and egress points,
(E) Traffic flow on-site,
(F) Traffic flow off-site,
(G) Utilities and utility rights-of-way or ease-
ments:
( 1) Electric,
(2) Natural gas,
(3) Telephone, cable TV,
(4) Water,
(5) Sewer (sanitary, treated effluent and storm),
(H) Parcel size(s) in gross acres and square feet,
(I) Buildings and structures,
(J) Estimated total floor area and estimated ratio
of floor area to lot size (floor area ratio, FAR), with a
breakdown by land use,
(K) Proposed coverage of buildings and structures
for parcel(s) and total site, including the following:
(1) Percentage and square footage of building
coverage,
(2) Percentage and square footage of driveway
and parking,
(3) Percentage and square footage of open space
and/or landscaped area,
(L) Surface water holding ponds, streams and
irrigation ditches, watercourses, water bodies and
wetlands,
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(M)Aoodplains as designated on the Federal
Insurance Rate Maps,
(N) Grading and drainage plan, including provi-
sions for on-site retention/detention and water quality
improvement facilities as required by the city
engineering department, or in compliance with any
adopted storm drainage ordinance,
(0) Significant rock outcroppings, slopes of great-
er than fifteen percent, or other significant topo-
graphic features,
(P) Detailed plan of all parking facilities: includ-
ing circulation aisles, access drives, bicycle racks,
compact spaces, handicapped spaces and motorcycle
parking,
(Q) Sidewalks, walkways, driveways, loading
areas and docks, bikeways, including typical details,
(R) Provision for handicapped accessibility, in-
cluding but not limited to wheelchair ramps, parking
spaces, handrails, and curb cuts, including construc-
tion details and the applicant's certification of ADA
compliance,
(S) Fences and walls, including typical details,
(T) Exterior signs,
(U) Exterior refuse collection areas, including
typical details,
(V) Exterior lighting, including typical details,
(W)Curb, asphalt section, and drive approach
construction details,
(X) Landscaping (detailed plan showing plantings,
equipment, and other appropriate information as
required in Section 18.50.100),
(1) Landscape legend, including botanical and
common names of vegetation to be used,
(2) Size of plantings at time of planting and at
maturity,
(3) Areas to be irrigated,
(Y) Unique natural features, significant wildlife
areas and vegetative cover, including existing trees
and shrubs having a diameter greater than two and
one-half inches, by species,
(2) Snow storage areas,
(AA) Location of municipal and extraterritorial
boundaries within or near the development,
(BB) Existing zoning,
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18.52.030
iii. Number of employee and nonemployee park-
ing spaces, existing and proposed, and total square
footage of each,
iv. Site statistics including site square footage,
nonresidential building square footage, percent of
site coverage (building and parking), net dwelling
unit density, percent park or open space,
v. Total number, type and density per type of
dwelling units, and total gross residential density and
density per residential parcel;
c. Building Design Information (On-Site).
i. Building heights and elevations of all exterior
walls of the building(s) or structure(s),
ii. 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 flood way
or floodplain area,
iii. Floor plans depicting location and dimensions
of all proposed uses and activities.
E. Site Plan Review Procedures.
1. Minor Site Plan. Minor site plans shall be
processed for review in the manner prescribed in
Chapter 18.51 and Chapter 18.58, should an appeal
be taken.
2. Major Site Plan. Major site plans shall be
initially processed through the DRC andlorthe DRB,
when applicable, in the manner of a minor site plan;
however, the DRC and/or DRB action(s) shall not be
final but rather advisory to the city commission. All
procedures and appeals shall be conducted per the
provisions of Chapters 18.51 and 18.58.
F. Site Plan Review Criteria.
1. In considering applications for site plan ap-
proval under this title, the development review
committee, the administrative design review staff, the
design review board, and the city commission shall
consider the following:
a. Relationship of site plan elements to condi-
tions both on and off the property; including
i. Compatibility with, and sensitivity to, the
immediate environment of the site and the adjacent
neighborhoods relative to architectural design,
building mass and height, neighborhood identity,
landscaping, historical character, orientation of
buildings on the site and visual integration;
396-29
(Bozeman 11-01)
18.52.030
11. Arrangement of the elements of the site plan
(e.g., buildings, circulation, open space and
landscaping, etc.) so that activities are integrated
with the organizational scheme of the community
and neighborhood; ,
Hi. Design and arrangement of the elements of the
site plan (e.g., buildings, circulation, open space and
landscaping, etc.) to produce an efficient,
functionally organized, and cohesive development;
iv. Design and arrangement of the elements of the
site 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;
v. Design and arrangement of buildings and any
open space areas contribute to the overall aesthetic
quality of the site configuration;
b. Conformance to this title, including the cessa-
tion of any current violations;
c. Conformance to the city's master plan;
d. All other applicable laws, ordinances and
regulations;
e. The impact of the proposal on the existing and
anticipated traffic and parking conditions;
f. The consistency of the proposal with respect
to land use requirements;
g. Pedestrian and vehicular ingress and egress;
including,
L Design of the pedestrian circulation system to
assure that pedestrians can move safely and easily
both within the site and between properties and
activities within the neighborhood area;
ii. 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;
iii. Is the non-automotive transportation system
adequately connected to the systems in adjacent
developments;
h. Building location and height;
i. Landscaping, including the enhancement of
buildings, the appearance of vehicular use, open
(Bozeman 11.01l
space and pedestrian areas, and the preservation or
replacement of natural vegetation;
J. Lighting;
k. Provisions for utilities, including efficient
public services and facilities;
1. Site surface drainage;
m. Open space; including
1. The enhancement of the natural environment;
ii. Are precautions being taken to preserve
existing wildlife habitats or natural wildlife feeding
areas;
iii. If the development is adjacent to an existing or
approved public park or public open space area, have
provisions been made in the site plan to avoid
interfering with public access to and use of that area;
iv. Is any recreational area suitably located and
accessible to the residential units it is intended to
serve and is adequate screening provided to ensure
privacy and quiet for neighboring residential uses;
n. Loading and unloading areas;
o. Grading;
p. Signage;
q. Screening;
r. Setbacks;
s. Overlay district provisions;
t. Other related matters, including expressed
public opinion.
2. If the development review committee and, if
appropriate, the design review board or the city
commission shall determine that the proposed site
plan will not be detrimental to the health, safety or
welfare ofthe community, is in compliance with the
requirements of this title and is in harmony with the
purposes and intent of this title and the Bozeman
master plan, approval shall be granted, and such
conditions and safeguards may be imposed as
deemed necessary.
3. Site plan approval may be denied upon de-
termination that the conditions required for
approval do not exist. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A)(part), 2000)
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18.52.040 Special development proposals-
Additional application require-
ments, review procedures and
review criteria.
A. Application Requirements. Applications for
special development proposals (PUD, CUP, flood
plain development permits, variances) shall include:
1. The required information for major and minor
site plans described in Section 18.52.030;
2. Any additional application information re-
quired for specific reviews as listed in the following
chapters:
a. 18.44, Aood Hazard District,
b. 18.53, Conditional Use Procedure,
c. 18.54, Planned Unit Development,
d. 18.56, Variance and Administrative Interpre-
tation Appeal Procedures.
B. Review Procedures and Review Criteria.
Additional review procedures and review criteria for
specific development proposals are defined in the
following chapters:
I. 18.44, Flood Hazard District,
2. 18.53, Conditional Use Procedure,
3. 18.54, Planned Unit Development,
4. 18.56, Variance and Administrative Interpre-
tation Appeal Procedures. (Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.52.050 Certificates of appropriateness-
Additional application require-
ments, review procedures and
review criteria.
A. Submittal Requirements for Certificates of
Appropriateness. All development proposals requir-
ing certificates of appropriateness (i.e. located in a
neighborhood conservation or entryway corridor
overlay district) shall submit the following informa-
tion in addition to any sketch plan, site plan or
special development submittal requirements for the
proposal.
I. Neighborhood Conservation Overlay District.
Certain information shall be provided to the appro-
priate review authority to review prior to granting or
denying a certificate of appropriateness. The extent
of documentation to be submitted on any project
18.52.040--18.52.050
shall be dictated by the scope of the planned alter-
ation and the information reasonably necessary for
the appropriate review authority to make its determi-
nation. At a minimum, the following items shall be
included in the submission:
a. Completed application on form provided by
the planning office;
b. One current picture of each elevation of each
structure planned to be altered and such additional
pictures of the specific elements of the structure or
property to be altered that will clearly express the
nature and extent of change planned. Except when
otherwise recommended, no more than eight pictures
should be submitted and all pictures shall 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 18.52.020 or 18.52.030;
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. Such other information as may be suggested
by the planning office;
i. It is further suggested that the applicant seek
comments from the neighborhood or area;
j. Description of any applicant-requested devia-
tion(s) and a narrative explanation as to how the
requested deviation(s) will encourage restoration and
rehabilitation activity that will contribute to the
overall historic character of the community.
2. Entryway Overlay District.
a. Depending on the complexity of development,
either sketch plans or site plans will be required as
specified in this chapter.
b. If the proposal includes an application for a
"deviation" as outlined in Section 18.43.080, the
application for deviation shall be accompanied by
396-31
(Bozeman 11.01)
18.52.055
written and graphic material sufficient to illustrate
the conditions that the modified standards will pro-
duce, so as to enable the city commission to make the
detennination that the deviation will produce an
environment, landscape quality and character superi-
or to that produced by the existing standards, and will
be consistent with the intent and purpose of Chapter
18.43.
3. Sign Proposals Which Do Not Specifically
Conform to Zoning Requirements. Independent sign
proposals (i.e., not in conjunction with other devel-
opment) which do not specifically conform to zoning
requirements, are required to submit full site plans.
Additional site design information in sufficient detail
to demonstrate compliance with the design objective
plan encompassing the property's location shall be
provided. If no design objective plan has been pre-
pared for the location, additional site design infor-
mation, if necessary. shall be determined by the ADR
staff.
B. Review Procedures and Criteria for Certifi-
cates of Appropriateness.
1. Certificates of appropriateness shall only be
issued according to procedures and criteria specified
in Chapters 18.42, 18.43 and 18.65, and Chapter
18.51 which describes the general procedures, notice
requirements and timing for all proposals requiring
development review committee, design review board
and/or administrative design review staffreview.
2. Sign proposals which do not specifically con-
form to zoning requirements shall be reviewed ac-
cording to procedures and criteria outlined in Chapter
18.65. (Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.
A) (part), 2000)
18.52.055 Public notice requirements.
A. Public Notice Requirements For Sketch Plan
and Minor Site Plan Applications. No public notice
requirements shall apply for sketch plan applications
outside of overlay districts. Within overlay districts,
no public notice requirements shall apply for the
alteration or construction of single-household
residences unless a deviation from the underlying
zoning is requested. Within overlay districts, public
notice requirements shall apply to commercial
(Bozeman 11-01)
changes in use, demolition, or further development as
defined in this title, sketch plan applications for
duplexes, triplexes and fourplexes where a principal
use is proposed to be established or intensified,
and/or a deviation from the underlying zoning is
requested.
For all minor site plan applications, and for sketch
plan applications that are not exempted from notice
requirements above, the site in question shall be
posted in at least one conspicuous location on the site
in question and mailed to all owners of record of real
property within two hundred feet of the site in
question using last declared county real estate tax
records, at least ten days prior to the DRC, DRB or
ADR decision(s), as applicable, specifying the date,
number, time and place for said approvals. It shall
specify the name and address of the applicant, the
name and address of the owner of record of the
property, a legal description of the property affected,
the street address or its location by approximate
distances from the nearest major street or road inter-
sections so the property can be readily identified, a
brief statement of the nature of the approvals, and a
reference to the appeals procedures in Chapter 18.58.
B. Public Notice Requirements for Major Site
Plan Applications. Notice of the city commission
hearing shall be published at least once in the
Bozeman Daily Chronicle, the official newspaper of
the city, posted in at least one conspicuous location
on the site in question, and mailed to all owners of
real property of record within two hundred feet of the
site in question using last declared county real estate
tax records, not more than forty-five days nor less
than fifteen days prior to the scheduled public
hearing and approval, specifying the date, number,
time and place for said approvals. It shall specify the
name and address of the applicant, the name and
address of the owner of record of the property, a
legal description of the property affected, the street
address or its location by approximate distances from
the nearest major street or road intersections so the
property can be readily identified, a brief statement
of the nature of the hearings and approvals, and a
reference to the appeals procedures in Chapter 18.58.
The notice shall provide a map of the area in question
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so as to indicate its general location and proximity to
surrounding properties.
C. Additional Public Notice Requirements.
Additional public notice requirements for specific
development proposals are defined in the following
chapters: '
1. Chapter 18.53, Conditional Use Procedure;
2. Chapter 18.54, Planned Unit Development;
3. Chapter 18.56, Variance and Administrative
Interpretation Appeal Procedures.
D. Notice of City Approval Within Overlay
Districts. In order to inform adjacent property owners
and residents that an application within an overlay
district has been approved by the city, any site
approved for construction or alterations within an
overlay district shall be posted with a notice supplied
by the planning office. The notice shall be posted in a
conspicuous place on the site before any construction
begins and may be removed when the project is
substantially complete. The notice shall specify the
name of the owner of record, the address of the
property, a description of the scope of work approved
and the date of city approval. (Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.52.060 Building permits based upon
approved sketch or site plans.
Based upon the approved sketch or site plan (here-
inafter referred to as "plan"), and after any appeals
have been resolved, a building permit for the site
may be requested and may be granted pursuant to
Chapter 18.62, provided such building permit is
granted within one year of plan approval. Prior to
lapse of one year, the applicant may seek an exten-
sion of one additional year from the planning direc-
tor. In such instances, the planning director shall
determine that the terms and circumstances have not
significantly changed since the initial approval. (Ord.
1514 (part), 2000: Ord. 1513 ~ I (Exh. A) (part),
2000)
18.52.070 Amendments to sketch and site
plans.
A. Intent. It is the intent of this section to assure
that issues of community concern are addressed
18.52.060-18.52.070
during the redevelopment, re-use 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 expediently
addressed.
B. Amendments of Plans Approved Under this
Title. Any amendment or modification of a plan ap-
proved under the ordinance codified in this chapter
(initially adopted) shall be submitted to the planning
director for review and possible approval. Proposals
for further development, reuse, or change in use of
sites developed pursuant to this title shall also be
reviewed as an amendment to an approved plan. All
amendments shall be shown on a revised plan
drawing. Amendments to approved plans shall be re-
viewed and may be approved by the planning di-
rector upon finding 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 ap-
proved plan, the application shall be resubmitted as a
new application and shall be subject to all plan
review and approval provisions of this chapter.
C. Reuse, Change in Use, or Further Develop-
ment of Sites Developed Prior to the Adoption of the
Ordinance Codified in This Title.
1. Sites legally developed prior to the adoption
of the ordinance codified in this title shall be con-
sidered to have developed under an approved plan.
Proposals for reuse, change in use, or the further
development of sites legally developed prior to the
adoption of the ordinance codified in this title may be
approved by the planning director upon finding that
no significant alteration of the previous use and site
are proposed, and upon review by the public service
director to assure that adequate access and site
surface drainage are provided. All such proposals
shall be shown on a plan drawing as required by the
planning director.
2. The criteria for determining that no significant
alteration of the previous use and site will result from
396-33
(Bozeman 11.0\ )
the proposed reuse, change in use, or further
development of a site shall include but not be limited
to the following:
a. 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 Section 18.50.160F;
b. Changes proposed for the site, singly or cu-
mulatively, do not increase lot coverage by buildings,
storage areas, parking areas or impervious surfaces
by more than twenty percent;
c. Changes proposed for the site, singly or cu-
mulatively, do not result in more than a twenty
percent increase in intensity of use as measured by
parking requirements, traffic generation or other
measurable off-site impacts;
d. 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.
3. 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 shall be resubmitted as a
new application and shall be subject to all plan
review and approval provisions of this chapter.
4. When proposals for reuse, change in use, or
further development of a site are located in entryway
corridor or neighborhood conservation overlay
districts, review by the design review board may be
required to determine whether resubmittal as a new
application is necessary. (Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.52.080 Appeals.
Appeals of decisions rendered in conjunction with
any plan review may be taken as set forth in Chapter
18.58. In such event, any plan review approval shall
be stayed until the appeal process has been satisfied.
(Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
(Bozeman 11.01)
18.52.080-18.53.020
Chapter 18.53
e
CONDITIONAL USE PROCEDURE
Sections:
18.53.010
18.53.020
Generally.
Application for conditional use
permit-Notice requirements.
City commission consideration
and findings.
Notification of commission action.
Modification or enlargement of
structures authorized under a
conditional use pennit.
18.53.030
18.53.040
18.53.050
18.53.010 Generally.
Certain uses, while generally not suitable in a
particular zoning district, may, under certain circum-
stances, be acceptable. When such circumstances
exist, a conditional use permit may be granted by the
city commission. Conditions may be applied to the
issuance of the permit and periodic review may be
required. The permit shall be granted for a particular
use and not for a particular person or firm. No
conditional use permit shall be granted for a use
which is not specifically designated as a conditional
use in this title. (Ord. 1514 (part), 2000: Ord. 1513 ~
I (Exh. A) (part), 2000)
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18.53.020 Application for conditional use
permit-Notice requirements.
A. The person applying for a conditional use
permit shall fill out and submit to the planning
director the appropriate form, with the required fee.
The request for a conditional use permit shall follow
the procedures and application requirements of
Chapter 18.51 and Chapter 18.52.
B. In consideration of all conditional use permit
applications, a public hearing shall be conducted by
the city commission. Notice of the city commission
public hearing for conditional use permit applications
shall be published at least once in the Bozeman Daily
Chronicle, the official newspaper of the city, posted
in at least one conspicuous location on the site in
question, and mailed to all owners of real property of
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record within two hundred feet of the site in question
using last declared county real estate tax records, not
more than forty-five days nor less than fifteen days
prior to the scheduled public hearings and approvals,
specifying the date, number, time and place for such
hearings and approvals. It shall specify the name and
address of the applicant, the name and address of the
owner of record of the property, a legal description of
the property affected, the street address or its location
by approximate distances from the nearest major
street or road intersections so the property can be
readily identified, and a brief statement of the nature
of the public hearing, public meeting and approvals.
The notice shall provide a map of the area in question
so as to indicate its general location and proximity to
surrounding properties.
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 shall not be effective until zoning has been
approved by the city commission. (Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.53.030 City commission consideration and
findings.
A. The city commission, in approving a condi-
tional use permit, shall find as follows:
1. That the site for the proposed use is adequate
in size and topography to accommodate such use,
and all yards, spaces, walls and fences, parking,
loading and landscaping are adequate to properly
relate such use with the land and uses in the vicinity;
2. That the site for the proposed use relates to
streets and highways adequate in width and pave-
ment type to carry the quantity and kind of traffic
generated by the proposed use;
3. That the proposed use will have no adverse
effect upon the abutting property;
4. That the proposed use shall be in conformance
with the Bozeman master plan;
5. That the conditional use has complied with all
conditions stipulated in Chapter 18.50;
6. That any additional conditions stated in the
approval are deemed necessary to protect the public
18.53.030
health, safety and general welfare. Such conditions
may include but are not limited to:
a. Regulation of use,
b. Special yards, spaces and buffers,
c. Special fences, solid fences and walls,
d. Surfacing of parking areas,
e. Requiring street, service road or alley dedica-
tions and improvements or appropriate bonds,
f. Regulation of points of vehicular ingress and
egress,
g. Regulation of signs,
h. Requiring maintenance of the grounds,
1. Regulation of noise, vibrations, odors,
J. Regulation of hours for certain activities,
k. Time period within which the proposed use
shall be developed,
1. Duration of use,
m. Requiring the dedication of access rights,
n. Other such conditions as will make possible
the development of the city in an orderly and effi-
cient manner.
B. The cormnission shall, in addition to all other
conditions, impose the following general conditions
upon every conditional use permit granted:
1. That the right to a use and occupancy permit
shall be contingent upon the fulfillment of all general
and special conditions imposed by the conditional
use permit procedure;
2. That all of the special conditions shall consti-
tute restrictions running with the land use, shall be
binding upon the owner of the land, his successors or
assigns, shall be consented to in writing, and shall be
recorded as such with the Gallatin County clerk and
recorder's office by the property owner prior to the
issuance of any building permits, final site plan
approval or commencement of the conditional use.
e. Applications for conditional use permits
may be approved, conditionally approved or denied
by motion of the commission. If an application is
denied, the denial shall constitute a finding that the
applicant has not shown that the conditions
required for approval do exist. (Ord. 1514 (part),
2000: Ord. 1513 ~ I (Exh. A) (part), 2000)
396-35
(Bozeman lJ'()l)
18.53.040--18.54.020
18.53.040 Notification of commission action.
The applicant shall be notified in writing of the
action taken by the commission within seven busi-
ness days of its action. If the conditional use permit
has been granted, the permit shall be issued upon the
signature of the planning director, and any con-
ditions, automatic termination date, or period of
review shall be stated on the permit. (Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.53.050 Modification or enlargement of
structures authorized under a
conditional use pennit.
Any proposed additions, enlargements or modifi-
cations of the structures approved in any conditional
use permit or any proposed extension of the use into
areas not approved in any such permit. shall be
subject to Chapter 18.52 and Chapter 18.53 of this
title. (Ord. 1514 (part), 2000: Ord. 1513 ~ I (Exh. A)
(part), 2000)
Chapter 18.54
PLANNED UNIT DEVELOPMENT
Sections:
18.54.020
18.54.030
18.54.040
18.54.050
18.54.060
18.54.070
18.54.080
18.54.090
18.54.100
18.54.110
(Bozeman 11-01)
Intent of planned unit
development.
Application and uses of a planned
unit development.
Special conditions of a planned
unit development.
Planned unit development review
procedures and criteria.
Plan submittal requirements.
Duration of planned unit
development approval.
Phasing of planned unit
developments.
Enforcement of approval
requirements and conditions.
Planned unit development design
objectives and criteria.
North 19th AvenuelWest Oak
18.54.110
Street entryway corridors.
North 19th AvenueIWest Oak
Street entryway corridors.
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18.54.020 Intent of planned unit development.
It is the intent of the city through the use of the
planned unit development (pun) concept, to pro-
mote 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 welfare, it shall be the intent of this title to
promote the city's pursuit of the following commu-
nity objectives:
A. To ensure that future growth and development
occurring within city is in accord with the city's
adopted master plan, its specific elements and its
goals, objectives and policies;
B. To encourage innovations in land develop-
ment and redevelopment so that greater opportunities
for high quality housing, recreation, shopping and
employment may extend to all citizens of the
Bozeman area;
C. To foster the safe, efficient and economic use
of land and transportation and other public facilities;
D. To ensure adequate provision of public ser-
vices such as water, sewer, electricity, open space
and public parks;
E. To avoid inappropriate development of lands
and to provide adequate drainage and reduction of
flood damage;
F. To encourage patterns of development which
decrease automobile travel and encourage trip con-
solidation, thereby reducing traffic congestion and
degradation of the existing air quality;
G. To promote the use of bicycles and walking as
effective modes of transportation;
H. To reduce energy consumption and demand;
L To minimize adverse environmental impacts
of development and to protect special features of the
geography;
J. To improve the design, quality and character
of new development;
K. To encourage development of vacant
properties within developed areas;
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L. To protect existing neighborhoods from the
harmful encroachment of newer, incompatible devel-
opments;
M. To promote logical development patterns of
residential, commercial, office and industrial uses
that will mutually benefit'the developer, the neigh-
borhood, and the community as a whole; and
N. To promote efficient use of land resources,
bull use of urban services, mixed uses, transportation
options, detailed, and human-scale design. (Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.54.030 Application and uses of a planned
unit development.
A. A planned unit development may be applied to
any development having one or more principal uses
or structures on a single parcel of real property or
contiguous parcels of real property. Any use or
combination of uses may be allowed in a planned
unit development provided such uses are consistent
with the Bozeman master plan and relevant criteria in
subsection E of Section 18.54.100.
B. All planned unit developments shall consist of
a harmonious arrangement of uses, buildings, parking
areas, circulation and open spaces. All planned unit
developments shall be designed as an integrated unit,
in such a manner as to constitute a safe, efficient and
convenient development.
C. Any planned unit development shall be con-
sidered as a conditional use within the zoning district
in which it is to be located.
D. The city commission retains final approval
authority for planned unit developments.
E. All planned unit developments shall
compliment or be harmonious with existing adjacent
development. (Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.54.040 Special conditions of a planned unit
development.
The following special conditions shall apply to
any planned unit development.
A. Single Ownership. The tract or parcel ofland
involved shall be either in one ownership or the
18.54.030--18.54.040
subject of an application filed jointly by the owners
of all the property to be included.
B. Title Holdings. The approved final plan shall
specify the manner of holding title to areas and
facilities of joint use. Normally such areas and facil-
ities shall be retained in title by the developers of the
development or deeded to an organization composed
of all owners in the development.
C. Residential Planned Unit Developments. The
permitted number of residential dwelling units shall
be determined by the provision of and proximity to
public services and subject to the limitations in
Section 18.54.100E.
D. Use of General Building and Development
Standards. All planned unit developments shall be
reviewed against the general building and develop-
ment standards established in Chapter 18.50.
However, in order to encourage creativity and design
excellence that would contribute to the character of
the community, deviations from the requirements or
the standards of this title may be granted by the city
commission after considering the recommendations
of the design review board and/or development
review committee. The PUD application shall be
accompanied by written and graphic material
sufficient to illustrate the initial and final conditions
that the modified standards will produce. Such
written and graphic materials may include textual
descriptions, renderings of proposed elevations or
landscapes, or similar materials. The city
commission shall make a determination that the
deviation will produce an environment, landscape
quality and character superior to that produced by the
existing standards of this title, and which will be
consistent with the intent and purpose of this chapter,
with the adopted goals of the Bozeman master plan
and with any relevant adopted design objectives plan.
Upon finding in favor of the deviation request the
city commission may grant deviations, above or
below minimum or maximum standards respectively,
including the complete exemption from a particular
standard, as established in this title. If the city
commission does not find that the proposed modified
standards will create an environment, landscape
quality and/or character superior to that produced by
396-37
(Bozeman 11-01)
18.54.050
the existing standards of this title, and which will be
consistent with the intent and purpose of this chapter,
and with any relevant design objectives plan then no
deviation shall be granted.
E. Establishing Additional Standards. In addition
to the general building and devel~pment standards,
the city shall have the right to establish general
design standards, guidelines and policies, for the
purpose of implementing and interpreting the
provisions of this chapter.
F. Conformance to Sign Code. All signs pro-
posed in conjunction with a planned unit develop-
ment shall be reviewed against the provisions of the
Bozeman sign code, Chapter 18.65. All signage must
be approved as part of the POD and shall be designed
as an integral element of the overall planned unit
development. Approval of signs within a planned
unit development shall rest upon a finding by the city
commission, as proved by the specific proposal, that
the intent of the sign code is achieved. Signs which
do not comply with Chapter 18.65 must receive a
deviation. (Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.54.050 Planned unit development review
procedures and criteria.
Approval of a planned unit development shall con-
sist of three procedural steps:
A. Concept Plan Review. Discussion with the
development review committee, design review board
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.
1. A concept plan review is mandatory for all
planned unit development proposals.
2. Review Procedures. This is an opportunity for
applicants to discuss requirements, standards and
policies that apply to development proposals and to
identify major problems, so that they can be solved
before a formal application is made. Concept plan
review meetings will be held by the development
review committee and the design review board and
will provide guidance for planned unit development
(Bozeman II-OJ)
applications. The general outline of the planned unit
development proposal, presented as graphic sketch
plans, shall be submitted by the applicant to the
planning office at least ten days prior to the meeting
ofthe DRC and DRB. The outline shall be reviewed
by the development review committee and design
review board. Thereafter, the planning office shall
furnish the applicant with written comments
regarding such submittal, including appropriate
recommendations to inform and assist the applicant
prior to preparing the components of the planned unit
development application. If any subdivision of the
tract(s) in question is proposed, a subdivision
preapplication plat application shall be submitted for
review concurrently with the PUD concept plan
application, subject to the requirements and
limitations of Title 16, Subdivisions, of this code.
B. Preliminary Plan Approval. Submittal of suffi-
cient information to permit review of the land use
relationships, densities, and the type, size and loca-
tion of the principal design elements of the planned
unit development by the development review
committee, design review board, and city com-
mission. A planned unit development that will be
developed in phases must submit either a preliminary
plan for all phases or else submit a preliminary plan
for the initial phase or phases and submit de-
velopment guidelines for all subsequent phases.
I. Application Process. Upon completion of
concept plan review and receipt of the planning
office's comments on the concept plan, an application
for preliminary plan approval may be filed with the
planning office. If the project is to be developed in
phases and all phases are not fully detailed in the
preliminary plan, development guidelines shall be
required for all phases not fully detailed. If any
subdivision of the tract(s) in question is proposed, a
subdivision preliminary plat application shall be
submitted for review concurrently with the PUD
preliminary plan application, subject to the
requirements and limitations of Title 16,
Subdivisions, of this code.
2. Public Hearings and Meetings. Public
hearings and/or public meetings before the DRC,
DRB, and city commission for any preliminary plan
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application, and public notice of such hearings and
meetings, shall be provided in accordance with
Section 18.5 1.020 and Section 18.53.020 of this title.
3. Review Criteria. In order to approve an
application for a planned unit development the city
commission shall find that the application is in
conformance with Chapters 18.49, 18.50, and all
applicable objectives and criteria of Section
18.54.100 and the criteria in Section 18.53.030
unless an appropriate deviation is granted.
4. Recommendations. The DRC and ORB shall
recommend the approval, conditional approval or
denial of the preliminary plan to the city commission
and shall include in such recommendation the
findings upon which such recommendation was
determined.
5. Preliminary Plan Approval. The city
commission, after conducting a public hearing, may
approve, disapprove or approve with conditions the
proposed planned unit development.
C. Final Plan Approval. The final plan must be in
compliance with the approved preliminary plan
and/or development guidelines except as provided for
in subsection (C)(4)(a) of this section, and shall be
reviewed and approved by DRC and ADR staff.
I. Application Process. Upon approval or
conditional approval of a preliminary plan by the city
commission, and the completion of any conditions
imposed in connection with that approval, an
application for a final plan approval may be
submitted.
2. Review Criteria. Compliance with
Preliminary Plan. For approval to be granted the
final plan shall be in compliance with the approved
preliminary plan. This shall mean that all conditions
imposed by the city commission as part of its
approval of the preliminary plan have been met and:
a. The final plan does not change the general use
or character of the development.
b. The final plan does not increase the amount of
improved gross leasable nonresidential floor space by
more than two percent and does not increase the
number of residential dwelling units by more than
two percent and does not exceed the amount of any
density bonus approved with the preliminary plan.
18.54.050
c. The final plan does not decrease the open
space.
d. The final plan does not contain changes that
do not conform to the requirements of this title,
excluding properly granted deviations, the applicable
objectives and criteria of Section 18.54.100, or other
objectives or criteria of this title.
3. Final Plan Approval. The ORC and ADR
staff may approve the proposed planned unit
development if it conforms with the approved
preliminary plan in the manner described above.
Prior to final plan approval, the ORC or ADR staff
may request a recommendation from the ORB or city
commission regarding any part of a proposed final
plan.
4. Amendments to Final Plan. Building permits
and other development approvals shall be issued on
the basis of the approved final plan and any
conditions of approval. No city administrative
personnel are permitted to issue permits for
improvements which are not indicated on the
approved final plan with the exception of the
following:
a Minor Changes.
l. Minor changes to a planned unit development
may be approved administratively and in writing, if
at all, by the planning director, whereupon a permit
may be issued. Such changes may be authorized
without additional public hearings, at the discretion
of the planning director. This provision shall not
prohibit the planning director from requesting a
recommendation from the ORB, ORC, AOR staff, or
city commission.
ii. Minor changes shall not significantly affect
the location and placement of buildings, the shape or
arrangement of lots and blocks, cause a change of
uses, reduce or relocate the allocation of reserved
open space, increase density and/or intensity of the
project or, in general, change the overall design or
intent of the project;
b. Major Changes.
i. Major changes to a planned unit development
shall be approved, if at all, only by the city
commission, and must follow the same planned unit
396-39
(Bozeman 11-01)
18.54.060
development review and public hearing process
required for approval of preliminary plans.
ii. Major changes shall be defined as follows:
(A) A change in the character of the development,
(B) An increase of greater than ,two percent in the
approved number of residential dwelling units,
(C) An increase of greater than two percent in the
improved gross leasable floor areas of retail, service,
office and/or industrial buildings,
(D) A reduction in the approved open space,
(E) A change in the location and placement of
buildings. (Ord. 1531 ~ 17,2001: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.54.060 Plan submittal requirements.
For each stage of the review process, the informa-
tion and data described below shall be submitted
unless the planning director determines that the
information is unnecessary for the proper evaluation
of the development based on the findings of the
concept plan review. Only after the planning office
has determined that all required information has been
submitted will the application be processed.
A. Submittal Requirements for Concept Plans.
Twenty copies of the following information and data
shall be submitted for concept plan review, unless a
smaller number of copies is allowed by the planning
office:
I. Data regarding site conditions, land character-
istics, available community facilities and utilities and
other related general information about adjacent land
uses and the uses of land within one-half mile of the
subject parcel of land;
2. Conceptual (sketch) drawing showing the pro-
posed location of the uses of land, major streets and
other significant features on the site and within one-
half mile of the site;
3. A computation table showing the site's pro-
posed land use allocations by location and as a
percent of total site area.
B. Submittal Requirements for Preliminary Plans.
Twenty-five copies of the following information and
data shall be submitted for preliminary plan review,
unless a smaller number of copies is allowed by the
planning office:
(llozeman ll-OJ)
1. Document Requirements. The following infor-
mation shall be presented in an eight and one-half
inch by eleven inch vertically bound document. The
document shall be bound so that it will open and lie
flat for reviewing and organized in the following
order:
a. Application forms,
b. A list of names of all general and limited
partners and/or officers and directors of the corpora-
tion involved as either applicants or owners of the
planned unit development,
c. A statement of planning objectives, including:
i. Statement of applicable city land use policies
and objectives achieved by the proposed plan and
how it furthers the implementation of the Bozeman
master plan,
ii. Statement of:
(A) Proposed ownership of open space areas and
(B) Applicant's intentions with regard to future
ownership of all or portions of the planned unit
development,
iii. Estimate of number of employees for busi-
ness, commercial and industrial uses,
iv. Description of rationale behind the assump-
tions and choices made by the applicant,
v. Where deviations from the requirements of
this title are proposed the applicant shall submit evi-
dence of successful completion of the applicable
community design objectives and criteria of Section
18.54.100. The applicant shall submit written
explanation for each of the applicable objectives or
criteria as to how the plan does or does not address
the objective or criterion. The planning director may
require, or the applicant may choose to submit,
evidence that is beyond what is required in that
section. Any element of the proposal that varies from
the criterion shall be described,
vi. Detailed description of how conflicts between
land uses of different character are being avoided or
mitigated,
vii. Statement of design methods to reduce energy
consumption, (e.g., homelbusiness utilities, trans-
portation fuel, waste recycling),
d. A development schedule indicating the ap-
proximate date when construction of the planned unit
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development, or stages of the same, can be expected
to begin and be completed, including the proposed
phasing of construction of public improvements and
recreational and common space areas,
e. One reduced version of all preliminary plan
and supplemental plan maps and graphic illustrations
at eight and one-half by eleven inches or eleven by
seventeen inches size;
2. Site Plan Requirements. A site plan of the
proposed development drawn at a scale of not less
than one inch equals one hundred feet, composed of
one or more sheets with an outer dimension of
twenty-four by thirty-six inches, showing the
information required for site plans in Section
l8.52.030D plus the following additional informa-
tion:
a. Percentage and square footage of public street
right-of-way,
b. Percentage and square footage and boundaries
of active recreational use area(s), common open
space, and all public and semi-public land uses,
including parks. school sites, and similar uses,
c. Location of existing and proposed pedestrian
circulation system, including its interrelationships
with the vehicular circulation system, indicating the
proposed treatment of points of conflict. Provision
for handicapped accessibility, including but not
limited to wheelchair ramps, parking spaces, hand-
rails, and curb cuts, including construction. details
and the applicant's certification of ADA compliance,
d. The existing and proposed circulation system
of arterial, collector and local streets, including: (i)
off-street parking areas; (ii) service areas; (iii) load-
ing zones; and (iv) major points of access to public
rights-of-way, including major points of ingress and
egress to the development. Notations of proposed
ownership, public or private, should be included
where appropriate,
e. The proposed treatment of the perimeter of the
planned unit development, including materials and
techniques used, such as screening, fences, walls and
other landscaping,
f. Adjacent Site Information. Area shown on the
site plan shall extend beyond the property lines of the
proposal to include a survey of the area and uses
1854.060
within two hundred feet of the proposal, exclusive of
public right-of-way at the same scale as the proposal
and including the following:
i. Land uses and location of principal structures,
ii. Densities of residential uses,
iii. Existing trees and major features of landscape,
iv. Topographic contours at two-foot intervals,
unless otherwise permitted by the planning director,
g. Supplemental Vicinity Map. Vicinity map of
the area surrounding the site within a distance of at
least two hundred feet showing:
i. Zoning districts,
n. Location of existing municipal boundary lines,
1Il. Traffic circulation system,
iv. Major public facilities including schools,
parks, trails, etc.,
h. Attorney's or owner's certification of owner-
ship,
3. Supplemental Plan Requirements.
a. Viewsheds.
i. 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,
ii. Describe and map areas of high visibility on
the site as seen from adjacent off-site locations,
b. Recreation and Trails. Describe and map all
existing and proposed trails, parks and recreation
areas within one-quarter mile of the site. State the
size (in acres) and functions of the parks and
recreation areas identified,
c. Historic Resource. Describe and map any
historic structures or historic districts on the site or
within two hundred feet,
d. Street Cross Sections if Different From City
Standards. Street cross-section schematics shall be
submitted for each general category of street, includ-
ing:
i. The proposed width,
n. Treatment of curbs and gutters,
111. Sidewalk systems, and
iv. Bikeway systems, where alternatives to the
design criteria and standards of the city are proposed,
e. Physiographic data, including the following:
396-41
(Bozeman 11-01)
18.54.060
i. A description of soils existing on the site,
accompanied by analysis as to the suitability of such
soils for the intended construction and proposed
landscaping,
ii. A description of the hydrologic conditions of
the site with analysis of water table fluctuation,
including measurements taken at times of minimum
depth to groundwater, and a statement of site
suitability for intended construction and proposed
landscaping,
iii. Locate and identify the ownership of existing
wells or welI sites within four hundred feet of the
site,
f. Drainage Plan. In addition to all drainage and
hydrologic information required in Section
18.52.030D, a detailed preliminary drainage report,
calculations and/or plan shall be submitted, includ-
109:
i. All drainageways, streets, arroyos, dry gullies,
diversion ditches, spillways, reservoirs, etc., which
may be incorporated into the storm drainage system
for the property shall be designated,
ii. All plans shall indicate the proposed outlet for
the storm drainage from the property, including:
(A) The name of the drainageway (where appro-
priate ),
(B) The downstream conditions (developed, avail-
able drainageways, etc.), and
(C) Any downstream restrictions,
g. Temporary Facilities Plan. A plan of the site
showing the location of all temporary model homes,
sales offices and/or construction facilities, including
temporary signs and parking facilities,
h. Preliminary Subdivision Plat. If the project
involves or requires platting, a preliminary subdivi-
sion plat, subject to the requirements of the city's
subdivision ordinance, shall be submitted,
i. Traffic Impact Analysis. At the discretion of
the public service director a traffic impact analysis
shall be prepared based upon the proposed develop-
ment. The analysis shall include provisions of the ap-
proved development guidelines, and shall address
impacts upon surrounding land uses. The public
service director may require the traffic impact analy-
(Bozeman 11.01)
sis to include the information in Section 16.18.050D
BMC:
j. Additional Studies and Plans. If the
development's compliance with the community
design objectives and criteria is under question, the
city commission may require additional impact
studies or other plans as deemed necessary for
providing thorough consideration of the proposed
planned unit development;
k. A proposed draft of a legal instrument
containing the creation of a property owner's
association sufficient to meet the requirements of
subsection (C)(4)(d) of this section shall be
submitted with the preliminary plan application.
C. Submittal Requirements for Pinal Plans.
1. Application form.
2. A list of names of all general and limited
partners and/or officers and directors of the corpora-
tion involved as either applicants or owners of the
planned unit development.
3. Site Plan Submittal Requirements.
a. A final plan site plan shall be submitted on a
twenty-four by thirty-six inch sheet(s) at the same
scale as the approved preliminary plan. If a different
scale is requested or required, a copy of the approved
preliminary plan shall be submitted that has been en-
larged or reduced to equal the scale of the final plan.
However, only the scales permitted for the
preliminary plans shall be permitted for final plans.
b. The final plan site plan shall show the fol-
lowing information:
i. Land use data (same information as required
on the preliminary site plan);
ii. Lot lines, easements, public rights-of-way as
per subdivision plat;
iii. Attorney's or owner's certification of owner-
ship;
iv. Planning director certification of approval of
the site plan and its conformance with the prelimi-
nary plan;
v. Owner's certification of acceptance of condi-
tions and restrictions as set forth on the site plan.
4. Supplemental Plans.
a. Pinal Landscape Plan. A final landscape plan
consistent with the conditions and restrictions of the
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39642
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approved preliminary plan shall be submitted. It shall
also be consistent with the city landscape ordinance,
Section 18.50.100, except that any stated conditions
and restrictions of the preliminary plan approval shall
supersede the landscape ordinance.
b. Pinal Subdivision Plat An official final subdi-
vision plat of the site must accompany the final
planned unit development plan when applicable.
Approval by the city of the final subdivision plat
shall be required before issuance of building pennits.
c. Pinal 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.
d. Open Space Maintenance Plan.
i. Maintenance of Community Open Spaces. The
developer shall submit a legal instrument setting
forth a plan providing for the permanent care and
maintenance of open spaces, recreational areas,
communally owned facilities, and parking lots. The
same shall be submitted to the city attorney and shall
not be accepted by the city until approved as to legal
form and effect. If the common open space is deeded
to a homeowner's association, the applicant shall file
the proposed documents governing the association.
Such documents shall meet the following
requirements:
(A) The property owners' association must be
established before any residences are sold;
(B) Membership in the association must be man-
datory for each residence owner;
(C) Open space restrictions must be permanent
and not for a period of years;
(D) The homeowners' association must be made
responsible for liability insurance, taxes and mainte-
nance of recreational and other facilities;
(E) The association must have the power to levy
assessments which can become a lien on individual
premises for the purpose of paying the cost of oper-
ating and maintaining common facilities;
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18.54.060
(F) The governing board of any such association
shall consist of at least five members who shall be
owners of property in the planned unit development.
ii. Open Space Maintenance Guarantee.
(A) In the event the organization or any successor
organization established to own and maintain com-
mon open spaces, recreational areas, communally
owned facilities and private streets, shall at any time
fail to maintain the common facilities in reasonable
order and condition in accordance with the approved
plan, the city commission may cause written notice
to be served upon such organization or upon the
owners of property in the development setting forth
the manner in which the common facilities have
failed to be maintained in reasonable condition,
which notice shall include the demand that the defi-
ciencies noted be cured within thirty days thereafter
and shall state the date and place of a hearing to be
held within fourteen days of the notice. At the time
of hearing, the city commission may modify the
terms of the original notice as to deficiencies and
may extend the time within which the same may be
cured. If the deficiencies set forth in the original
notice or modifications are not cured within the time
set, the city commission in order to preserve the
taxable values of properties within the development
and to prevent the common facilities from becoming
a public nuisance, may enter upon such common
facilities and maintain the same for a period of one
year. Such entry and maintenance shall not vest in
the public any right to use the common facilities not
dedicated to public use. Before expiration of such
year, the commission shall, upon its own initiative or
upon written request of the organization theretofore
responsible for maintenance, call a public hearing
and give notice of such hearing to the organization
responsible for maintenance or the property owners
of the planned unit development. At such hearing, 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 shall cease such maintenance at
the time established by the city commission.
396-43
(Bozeman 11.01)
18.54.070--18.54.080
Otherwise the city shall continue maintenance for the
next succeeding year subject to a similar hearing and
detennination at the end of each year thereafter.
(B) The cost of maintenance by the city shall be a
lien against the common facilities pf the planned unit
development and the private properties within the
development. The city commission shall have the
right to make assessments against properties in the
development on the same basis that the organization
responsible for maintenance of the facilities could
make such assessments. Any unpaid assessment shall
be a lien against the property responsible for the
same, enforceable the same as a mortgage against
such property. The city may further foreclose its lien
on the common facility by certifying the same to the
county treasurer for collection as in the case of
collection of general property taxes.
iii. Guarantee for Open Space Preservation. Open
space shown on the approved final plan shall not be
used for the construction of any structures not shown
on the final plan. (Ord. 1514 (part), 2000: Ord. 1513
~ 1 (Exh. A) (part), 2000)
18.54.070 Duration of planned unit
development approval.
A. Duration of Preliminary Plan Approval.
I. Within a maximum of one year following the
approval of a preliminary plan for multiuse and/or
multi phase PUDs and within a maximum of six
months following the approval of a preliminary plan
for single-use PUDs which are not phased, the
applicant shall file with the planning department a
final plan(s) in detailed form covering all or part of
the development.
2. Upon application and for good cause, the
planning director may administratively extend the
period for filing a final plan for two successive six-
month periods. The granting of administrative exten-
sions under this section may, at the discretion of the
planning director, be referred to the city commission.
3. Any additional six-month extensions to the
planned unit development shall be approved, if at all,
only by the city commission. A request for extension
of preliminary approval under this section must be
submitted to the planning director in writing by the
(Bozeman 11.01)
applicant at least thirty days prior to the date of
expiration. Failure to submit a written request within
the specified time period shall cause forfeiture of the
right to extension of preliminary approval.
4. If no final plan(s) is filed covering all or any
portion of the preliminary plan within the above time
limits, the right to proceed under the preliminary plan
shall expire for any portion of the preliminary plan
for which a final plan has not been timely filed.
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 approval. For the
purposes of this section, a development is substan-
tially complete once all engineering improvements
(water, sewer, streets, curbs, gutter, street lights, fire
hydrants and storm drainage) are installed and com-
pleted in accordance with city rules and regulations.
Extensions for two successive periods of six
months may be administratively granted by the
planning director. The granting of administrative
extensions under this section may, at the discretion of
the planning director, be referred to the city
commission.
2. Any additional six-month extensions to the
planned unit development shall be approved, if at all,
only by the city commission. A request for extension
of final approval under this section must be
submitted to the planning director in writing by the
applicant at least thirty days prior to the date of
expiration. Failure to submit a written request within
the specified time period shall cause forfeiture of the
right to extension of final approval. Failure to devel-
op within the specified time limit and improvement
requirements shall cause a forfeiture of the right to
proceed under the final plan and require resubmis-
sion of all materials and reapproval of the same
through the preliminary plan procedures. (Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
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18.54.080 Phasing of planned unit
developments.
A. Applications for Phased Planned Unit Devel.
opments. If a planned unit development is intended
396-44
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to be developed over time in two or more separate
phases, application for approval of a phased planned
unit development shall follow procedures established
for concept plan review as outlined in this chapter.
After concept plan review is completed, phased
PUDs may be proposed in accordance with one of
three 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
chapter. In such cases, preliminary plans and all re-
quired supplemental information shall 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 ap-
proval procedures for final plans as specified in this
chapter.
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 ap-
proval for the initial phase(s) of a PUD, and further
wishes to gain master plan and development guide-
lines approval for subsequent phases of the PUD,
preliminary and final plan review and approval
procedures for the initial phase(s) shall be followed
in accordance with this chapter. A master plan and
development guidelines for the remaining phases of
the development shall be provided for review and
approval as outlined below.
3. Application for Approval of a Phased PUD
Based Only Master Plan and Development Guide-
lines. Applications for approval of a phased PUD
without detailed plans for any phase shall not gener-
ally be accepted. However, under unique circum-
stances and for good cause shown, the planning
director may detennine that an application for ap-
proval of a master plan and development guidelines
for a phased PUD may be submitted without a pre-
liminary plan for any phase. When such a determina-
18.54.080
tion has been made, application for approval of a
master plan and development guidelines may be
made in accordance with phased PUD approval
procedures as set forth below.
B. Phased PUD Approval Process. Master plans
and development guidelines shall be reviewed and
approved according to the procedures established for
preliminary plans as established in this chapter.
When a master plan and development guidelines for
a phased PUD have been reviewed and approved by
the city commission, each phase of the PUD may be
developed in accordance with the review and
approval procedures set forth in this chapter for final
plan reviews.
C. Phased pun Review Criteria.
1. In general, the review criteria for phased
PUDs shall be the same as that for PUDs as set forth
in Sections 18.54.050(B)(2) and 18.54.050 (C)(2) of
this code.
2. In those cases where master plans and devel-
opment guidelines are proposed to govern the devel-
opment of future phases of the PUD, the city com-
mission must determine that the proposed master
plan and development guidelines are provided in
sufficient detail to support a finding that the phased
PUD will comply with all requirements for PUD ap-
proval if developed in accordance with the approved
master plan and development guidelines.
3. DRB or ADR staff, as applicable, and DRC
review and approval of preliminary and final plans
for those phases of a PUD which have an approved
master plan and development guidelines shall assure
compliance and consistency with said master plan
and development guidelines.
4. Should DRC or DRB or ADR staff, as appli-
cable, detennine that proposals to develop subse-
quent phases of a PUD are not in compliance with
the approved master plan and development guide-
lines, the determination may be appealed to the city
commission subject to the provisions of Chapter
18.58 of this code.
D. Phased Planned Unit Development Submittal
Requirements.
396-45
(Bozeman 11-01)
18.54.080
1. Master Plan Submittal Requirements. Master
plans for phased PUDs shall consist of a detailed site
plan depicting:
a. Existing conditions for the entire phased PUD
as required by subsections B and C of Section
18.54.060; and '
b. Proposed conditions pertaining to such ele-
ments 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 findings of the concept plan review
as outlined in this chapter.
2. Development Guidelines Submittal Require-
ments. Development guidelines for phased PUDs
shall be submitted to the planning director as part of
the application submittal in one or more orderly
documents. Each document shall contain a table of
contents and shall be in an eight and one-half by
eleven inch vertical format, bound to open flat for
review. All graphic representations shall be in eight
and one-half by eleven inch or eleven by seventeen
inch format. Development guidelines for phased
PUDs shall contain the information as is required by
the findings of the concept plan review as outlined in
this chapter. Such information may include, but is not
limited to, the following:
a. A description of submittal requirements and
review procedures for the approval of preliminary
and final plans submitted in accordance with the
master plan and development guidelines (to be de-
veloped with the assistance of staff);
b. A description of the coordination with any
other applicable review procedures, e.g., subdivision
review;
c. A complete list of proposed or potential land
uses;
d. Sign guidelines: type(s), location, design,
illumination, size and height;
e. Perimeter buffering guidelines with specific
regard to adjoining land uses;
f. Landscaping guidelines, including a descrip-
tion 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;
(Bozeman I ).01 )
g. Design guidelines for outdoor storage and/or
display;
h. Protective covenants which may include re-
quirements, owners' association provisions, provi-
sions for maintenance, etc.;
1. Parking: guidelines for design, provision for
shared facilities, circulation between lots, and coor-
dination with sidewalk system, service areas;
j. Dimensional requirements: building heights,
setbacks (interior and perimeter), open space, etc.;
k. Lighting;
I. Architectural guidelines;
m. Provisions for utilities, communications and
refuse;
n. Guidelines for noise, emissions, glare, hazard-
ous materials, etc.; and
o. Improvements schedule.
E. Open Space Provisions for Phased PUD De-
velopments. If a project is to be built in phases, each
phase shall include an appropriate share of the pro-
posed recreational, open space, and other site and
building amenities of the entire development. The
appropriate share of the amenities for each phase
shall be determined for each specific project at the
time of preliminary approval and shall not be based
solely upon a proportional or equal share for the
entire site. Requirements may be made for off-site
improvements on a particular phased project.
F. Final Plans for Phased PUD Developments.
Final plans for a planned unit development may be
submitted in phases. The final plan shall conform to
the preliminary plan of a planned unit development,
as approved.
G. Duration of Phased PUD Development
Guidelines Approval. Within a maximum of five
years following the approval of development guide-
lines 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 devel-
opment guidelines. (Ord. 1514 (part), 2000: Ord.
1513 ~ I (Exh. A) (part), 2000)
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396-46
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18.54.090 Enforcement of approval require-
ments and conditions.
The occurrence of either of the following events
may subject the applicant to the enforcement reme-
dies contained in Chapter 18.70 of this code:
A. Failure to comply with any terms, conditions
or limitations contained on the site plan, landscape
plan, building elevations or other approved docu-
ments pertaining to a planned unit development
which has received final approval from the city.
B. Failure to comply with any conditions on
record imposed by the city commission upon its re-
view of the master or preliminary plans or any
conditions imposed by the DRC or ADR through the
review of the final plan for the planned unit
development under the provisions of this Planned
Unit Development Ordinance, Chapter 18.54 of this
title. (Ord.1514 (part), 2000: Ord.1513 ~ 1 (Exh. A)
(part),2000)
18.54.100 Planned unit development design
objectives and criteria.
A. General. For any planned unit development
proposal to be approved it must first be found, by the
city commission, after recommendation from the
DRC and ORB, to be in compliance with this title
including any applicable criteria of this section.
B. Land Use Classifications.
1. The design objectives and criteria with which
a planned unit development proposal must comply
are dependent upon the designated land use clas-
sification of the site proposed for the planned unit
development.
2. Subsection E of this section contains four
groups of objectives and criteria against which
planned unit developments are reviewed only when
deviations from the standards of this title are sought.
All planned unit developments are reviewed against
the objectives and criteria designated for all develop-
ment. Each individual planned unit development is
then reviewed against the objectives and criteria
established for the land use classification(s) of the
site on which the proposal is to be located. A planned
unit development must satisfy all the objectives and
criteria of all applicable groups. In evaluating
18.54.090-18.54.100
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.
C. Evaluation Process. The acceptability and
performance of a planned unit development proposal
shall be evaluated as follows: Each of the relevant
objectives and criteria for the applicable land use
classification and for all development contained in
subsection E of this section will be answered Yes, No
or Not Applicable (NA). A No response to any of the
applicable objectives and criteria will automatically
preclude the development proposal from further
consideration and eventual approval, unless a vari-
ance is granted by the city commission. An objective
or criterion is considered to be applicable if it can
reasonably be applied to the development proposal.
The applicant shall clearly demonstrate how the
planned unit development specifically addresses each
applicable objective and criterion.
D. Responsibility for Impact Mitigation. To pro-
tect the character of new and existing neighborhoods
against intrusive and disruptive development, any
negative or adverse impacts shall be effectively
mitigated in the planned unit development plan, as
per the following guidelines:
1. When two adjacent parcels are developed
simultaneously, the responsibility for mitigating
conflicts is upon the more intense use.
2. When a use is the first to develop on two
adjacent vacant parcels, the first use shall provide the
necessary buffer to any reasonable future use as
determined by the city.
3. The second use to develop shall, at the time it
develops, take all additional steps necessary to
mitigate conflicts.
4. However, when a planned unit development
includes a use or uses which are not otherwise per-
mitted in the underlying zoning district, the respon-
sibility for impact mitigation shall lie exclusively
with the planned unit development proposal.
E. Design Objectives and Criteria Evaluation
Forms.
396-47
(Bozeman lI-m)
18.54.100
1. The city will detennine compatibility of a
project based upon the evidence presented during
evaluation of the community design objectives and
criteria of this subsection.
2. The following fonns will be used in evaluat.
m~ all planned unit development allPlicatlons:
1 I ALL DEVELOPMENT
Application:
All land uses within a proposed planned unit development shall be reviewed against, and comply with, the
applicable objectives and criteria of the mandatory "All Development" group.
Required Criteria: Yes No NA
Neighborhood Compatibility
1. Is the development compatible with, and sensitive to, the immediate environment
of the site and the adjacent neighborhoods relative to architectural design, building
bulk and height, neighborhood identity, landscaping, historical character, orientation
of buildings on the site and visual integration?
Public Facilities, Services and Transportation
2. Does the development comply with all city design standards, requirements and
specifications for the following services:
Water supply Trails/walks/bikeways
Sanitary supply Irrigation companies
Fire protection Electricity
flood hazard areas Natural gas
Telephone Storm dminage
Cable television Streets
Natural Resources
3. Does the project preserve or replace existing natural vegetation?
4. Have special precautions been taken to preserve existing wildlife habitats, natural
wildlife food services, or existing places, or are these areas being preserved?
5. If the proposed project is located within a locally designated historical district or
includes a locally designated landmark structure, is the project in conformance with
the city's Historic Preservation Ordinance?
Environmental Standards
6. Is the exterior lighting, except for warning, emergency or traffic signals, installed
in such a manner that the light source is obscured to prevent excessive glare on
public streets and walkways or into any residential area? The installation or erection
of any lighting which may be confused with warning signals, emergency signals or
traffic signals shall not be permitted.
Site Design
7. Are the elements of the site plan (e.g., buildings, circulation, open space and land-
scaping, etc.) arranged on the site so that activities are integrated with the organi-
zational scheme of the community and nei~hborhood?
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(Bozeman II-OJ)
396-48
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18.54.100
Required Criteria: Yes No NA
8. Are the elements ofthe site plan (e.g., buildings, circulation, open space and land-
scaping, etc.) designed and arranged to produce an efficient, functionally organized,
and cohesive planned unit development?
9. Is the design and arrangement of elements of the site plan (e.g., buildings circula-
tion, open space and landscaping, etc.) in harmony with the existing natural
topography; natural water bodies and water courses; existing vegetation; and
10. 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.) con-
tribute to the overall reduction of energy use by the project?
II. Are the elements of the site plan (e.g. buildings, circulation, open space and
landscaping, etc.) designed and arranged to maximize the privacy by the residents of
the project?
12. Open Space.
a. Does the design and arrangement of buildings and open space areas contribute to
the overall aesthetic quality of the site configuration; and
b. for non-residential projects is at least thirty percent of the project, inclusive of
yard setbacks and exclusive of required parking lot interior landscaping developed as
open space; or
c. for residential projects is at least thirty percent of the project developed as open
space through one or a combination of the following means:
i. is at least thirty percent of the project exclusive of yard setbacks and parking lot
interior landscaping developed as open space for the use of residents and their guests;
or
n. is at least twenty-five percent of the project exclusive of yard setbacks and
parking lot interior landscaping developed as usable recreation space with a
corresponding public use easement, or
iii. is an area equal to twenty-five percent of the project exclusive of yard setbacks
and parking lot interior landscaping proposed to be added to an existing off-site park
adequate in location and size to meet the recreational needs of the resident?
13. Is the active recreational area suitably located and accessible to the residential
units it is intended to serve and is adequate screening provided to ensure privacy and
quiet for neighboring residential uses?
14. Is the pedestrian circulation system designed to assure that pedestrians can
move safely and easily both within the site and between properties and activities
within the neighborhood area?
15. 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?
16. Does the pedestrian circulation system incorporate design features to enhance
convenience, safety and amenity across parking lots and streets, including, but not
limited to, paving patterns, grade differences, landscaping and lighting?
396-49
(Bozemanll.OI)
18.54.100
Required Criteria: Yes No NA
17. Does the pedestrian and bicycle trail system adequately connect to the systems
in adjacent developments?
18. Does the landscape plan enhance the appearance of vehicular use, open space
and pedestrian areas which contribute to their usage and visual appearance?
19. Does the landscaping plan enhance the building(s)?
20. If the development is adjacent to an existing or approved public park or public
open space area, have provisions been made in the site plan to avoid interfering with
public access to that area?
2 I RESIDENTIAL
Application:
Planned unit developments in residential areas (R-S, R-l, R-2, R-2-A, R-3, R-3-A, R-4, 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 professional offices and other permitted use listed in the B-1
neighborhood service district (Chapter 18.28), 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.
Required Criteria: Yes No NA
Each of the following applicable criteria must be answered "yes" and implemented
within the development plan.
1. On a net acreage basis, is the average residential density in the project (calculated
for residential portion of the site only), consistent with the development densities set
forth in the land use guidelines of the Bozeman master plan?
2. Does the project provide for private outdoor areas (e.g., private yards, patios and
balconies, etc.) for use by the residents and employees of the project which are
sufficient in size and have adequate light. sun, ventilation. privacy and convenient
access to the household or commercial units they are intended to serve?
3. Does the project provide for outdoor areas for use by persons living and working
in the development for active or passive recreational activities?
4. If the project is proposing a residential density bonus as described below, does it
include a variety of housing types and styles designed to address communitywide
issues of affordability and diversity of housing stock?
5. Is the project within two thousand feet of an existing or approved neighborhood
service center, public school, day care center, major employment center, or public
neighborhood or community park?
6. Is the overall project designed to enhance the natural environment, conserve ener-
gy and to provide efficient public services and facilities?
(Bozeman 11-01)
396-50
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18.54.100
Required Criteria: Yes No NA
8. If the project is proposing a residential density bonus (thirty percent maximum)
above that which is set forth below, 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?
ALLOW ABLE RESIDENTIAL NET DENSITIES, WITIIOUT BONUSES
Zone Net Density, as defined in Section 18.04.510
R-S One dwelling unit per acre
R-l Four units per acre
R-2 Six units per acre
R-2-A Seven units per acre
R-3-A Ten units per acre
R-3 Twelve units per acre
R-4/R-0 Fifteen units per acre
9. If limited commercial development as defined above is proposed within the pro-
ject, is less than twenty percent of the gross area of the PUD designated to be used
for offices or neighborhood service activities not ordinarily allowed in the particular
residential zoning district?
10. If neighborhood service activities are proposed within the project, is a market
analysis provided demonstrating that less than fifty percent of the market required to
support proposed neighborhood service activities is located outside the immediate
area of the PUD and are the neighborhood services of a nature that does not require
drive-in facilities or justification for through traffic?
11. If the project contains limited commercial development as defined above, is
the project located at the intersection of arterial streets, or arterial and collector
streets?
12. If the project contains limited commercial development as defined above, has
the project been sited and designed such that the activities present will not detrimen-
tally affect the adjacent residential neighborhood and have the commercial activities
been developed at a scale compatible with residential development?
13. Does the overall PUD recognize and, to the maximum extent possible,
preserve and promote the unique character of nei~borhoods in the surroundin~ area?
396-51
(Boumanll.Ol)
18.54.100
3 T COMMERCIAL PUD
Application:
Planned unit developments in commercial areas (B-1, B-2, B-3 and B~P zoning districts) may include either
commercial or multi-household development; however, adequate but controlled access to arterial streets is
essential. Activities would incl1;lde a broad range of retail and service establishments designed to serve
consumer demands of the city and Bozeman area.
Each of the following applicable criteria must be answered "yes" and implemented within the development
plan.
Required Criteria: Yes No NA
1. If the project contains any use intended to provide adult amusement or entertain-
ment, does it meet the following requirements:
Is the use established, operated or maintained no less than five hundred feet from a
residential neighborhood, church and/or a school meeting all the requirements of the
compulsory education laws of the state of Montana?
Is the use established, operated or maintained less than five hundred feet from
another similar use?
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, hoteVmotel and recreation), do the uses relate to each other in terms of
location within the PUD, pedestrian and vehicular circulation, architectural design,
utilization of common open space and facilities, etc.?
5. Is it compatible with and does it reflect the unique character of the surrounding
area?
6. Is there direct vehicular and pedestrian access between on-site parking areas and
adjacent existing or future off-site parking areas which contain more than ten spaces?
7. Does the project encourage infill, or does the project otherwise demonstrate
compliance with the land use guidelines of the Bozeman master plan?
8. Does the project provide for outdoor recreational areas (such as additional land-
scaped areas, open spaces, trails, or picnic areas) for the use and enjoyment of those
living in, working in, or visiting the development?
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396-52
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18.54.110
4 I INDUSTRIAL PUD
Application:
Planned unit industrial developments in industrial areas (M-l and M-2 zoning districts) may include employ-
ment, wholesaling, manufacturing and utility centers for the community; the particular types of uses will be
determined based upon i~s potential impact upon adjacent land uses and the intensity of development.
Required Criteria: Yes No NA
Each of the following applicable criteria must be answered "yes" and implemented
within the development plan.
1. Is the project located adjacent to an arterial or collector street that provides ade-
quate access to the site?
2. Is the project developed such that the least intense uses shall be located along the
arterial streets, where visibility to the public is likely; more intense uses such as
heavy industrial uses and warehousing activities will be located away from the
arterial streets, buffered by the other uses?
3. Does the project utilize a landscaping theme that will tie adjacent uses or projects
together?
4. Is the project being developed on land substantially surrounded by developed
property with existing services and utilities already available?
5. Does the project provide for outdoor recreational areas (e.g., additional landscaped
areas, open space, trails, picnic areas) for the use and enjoyment of those working in
or visiting the development?
(Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.54.110 North 19th AvenueJWest Oak Street
entry way corridors.
A. Intent and Purpose. It is the intent and purpose
of this section to establish the planned unit
development (PUD) review procedures as a method
to guide future growth and development within the
area of the North 19th AvenuelWest Oak Street
Corridor Master Plan. It is further intended to ensure
that future growth and development will occur in
accord with the goals and objectives of the North
19th A venuelW est Oak Street Corridor Master Plan
as a sub-area plan to the 1990 Bozeman Master Plan.
B. Application. Planned unit development provi-
sions shall apply to all nonresidential development
proposals located in the North 19th Avenue and West
Oak Street entryway corridor areas as designated on
the land use plan of the North 19th AvenuelWest
Oak Street corridor master plan and on the official
city of Bozeman zoning map as follows:
1. North 19th Avenue. (Class I and Class II
Corridor) All nonresidential development within the
North 19th Avenue entryway corridor between
Durston Road and the North 19th Avenue-Interstate
90 Interchange, measured six hundred sixty feet from
the centerline of North 19th Avenue, exclusive of the
following:
396-53
(Bozeman 11-01)
18.54.110
Between Durston Road and the south boundary of
Covered Wagon Mobile Home Court, a Class II
entryway corridor overlay classification shall be
applied to the east side of North 19th A venue, mea-
sured three hundred thirty feet from the centerline of
North 19th Avenue. '
2. West Oak Street. (Class I and Class II Corri-
dor) All nonresidential development within the West
Oak Street entryway corridor between North 7th
A venue and Rose Park shall be applied within such
corridor as follows:
a. Between North 7th Avenue and North 19th
A venue, measured six hundred and sixty feet from
the centerline of West Oak Street;
b. Between North 19th Avenue and the east
boundary of Rose Park, measured three hundred
thirty feet from the centerline of West Oak Street.
C. PUD Review Procedures. Approval of a
development proposal located in the North 19th
Avenue or West Oak Street entryway corridor shall
be subject to the planned unit development review
procedures and shall consist of the three procedural
steps as required by Section 18.54.050, concept plan
review, preliminary plan review and final plan
revIew.
D. Developmental Guidelines Submittal Require-
ments. Applications for PUD review in accord with
this section shall submit developmental guidelines to
the planning office as part of the preliminary plan
application as required by Section l8.54.080D.2 of
this chapter, and shall in addition include the
following:
1. Architectural guidelines: building orientation,
off-street parking lot orientation, sign guidelines,
lighting, dimensional guidelines, mechanical equip-
ment screening;
2. Landscape guidelines: entryway corridor
landscape guidelines, streetscape, off-street parking
lot screening, outdoor storage/display areas, perime-
ter buffering from other land uses, arterial noise
buffering, development entrance, protective cove-
nants;
3. Pedestrian circulation: between off-street
parking lots, between adjacent lots, coordinated
sidewalk system, bicycle circulation, trails/pathways.
E. Open Space Provisions. Sufficient open space
along the entryway corridors is necessary to provide
the urban streetscape and park-like setting envisioned
by the community that is essential to the basic quality
oflife in Bozeman, and to create attractive entryways
into the city:
1. General Standard. Development in the North
19th Avenue and West Oak Street entryway corridors
shall generally provide at least thirty percent of the
project as developed open space, exclusive of
required off-street parking lot interior landscape.
Public streets located in dedicated public rights-of-
way shall be excluded from the gross area of land in
calculating open space requirements. However,
private streets, driveways, off-street parking lots and
other private areas shall apply in detennining the
total gross area. Open space in the yard setbacks for
each zone may contribute to the thirty percent open
space provision.
Property located outside, but adjacent to the entry-
way corridor overlay, which provide linked common
open space areas, and contributes to the intent and
purpose of this section may be applied towards the
open space provisions based on the merits of the
proposal and its ability to accomplish the goals and
objectives of the North 19th A venue/W est Oak Street
corridor master plan.
2. Reduction in Open Space. Reduction in the
thirty percent open space provision to not less than
twenty-five percent of the development may be
granted by the city commission after considering the
recommendation forwarded by the DRC and DRB.
The planning staff shall solicit comments and
recommendations from the design review board,
Bozeman tree advisory board, Bozeman recreation
advisory board and other appropriate sources of
professional expertise, which will also be forwarded
to the city commission. The criteria for granting a
reduction in open space shall be based on the
proposal's ability to achieve the goals and objectives
of the North 19th A venue/W est Oak Street corridor
master plan based on superior design and planning
techniques exceeding the regulatory standards set
forth in this section. The criteria for granting reduc-
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396-54
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tion in the open space provision may include, but are
not limited to:
a. Exceptional architectural and landscape
developmental guidelines;
b. Designation (i.e., public dedication or ease-
ment) for use by the general public of pedestrian
pathways and/or trail ways within the development
which are located along entryway corridors, stream
corridors or within the interior of the development,
exclusive of sidewalks located in the public right-
of-way;
c. Public plazas, courtyards, promenades or other
usable public areas;
d. Front yard setbacks along entryway arterial
streets that exceed the minimum fifty-foot setback;
e. Additional landscaping installed within the
entryway corridors beyond what is required by this
section;
f. Larger landscaping installed within the fifty-
foot wide setback along entryway corridors;
g. Landscaped areas exceeding minimum yard
setbacks situated at main entrances into the develop-
ment;
h. Installation and maintenance of streetscape
furniture along greenway corridors;
i. Additional setback and buffering between
building sites and areas designated as environmen-
tally sensitive lands;
j. Changes in texture and use of materials at
intersections of pedestrian and vehicular circulation;
k. Exchange of land within the development for
additional land transferred to Rose Park; and
1. Preservation of view sheds (i.e., one-story
buildings along entryway corridor or limited building
height).
3. Common Open Space. At least fifty percent of
the required open space, but no less than fifteen
percent of the entire development, shall be in com-
mon ownership of the property owner's association or
in the form of common open space easements
granted to the property owner's association. Land-
scaping shall be required for all areas of the devel-
opment which are to be in common ownership or
designated as "common open space easements"
located on individual lots or parcels of land, and in
18.54.110
particular shall incorporate the required landscape for
implementation of the green way corridors.
F. Greenway Corridor Landscape Standards.
Development of green ways along the entryway
corridors have been established in order to demon-
strate the importance of urban open space and to
visually enhance aesthetically pleasing, high-quality
development along the arterial corridors of North
19th Avenue and West Oak Street.
1. General Standards. The following landscape
guidelines have been designed to develop a formal
streetscape in concert with a park-like setting along
the greenway corridors as an integral element in
developing attractive entryways into the city.
a. Formal Streetscape. Street frontage landscape
located in the street right-of-way boulevard will be
characterized by a formal arrangement of large
canopy boulevard trees as follows:
One large canopy boulevard tree, a minimum of
eight feet in height or one-and-one-half-inch caliper
and planted at regular intervals of fifty feet on center.
Acceptable large canopy boulevard trees include
the following species: Ash, Patmore Green (Fraxinus
pennsylvanica); Honeylocust, Seedless (Gleditsia
triacanthos); Ash, Black (Fraxinus nigra); and Maple,
Norway (Acer Platanoides).
b. Greenway Park. Greenway corridors located
in the fifty-foot setback will be characterized by
informal vegetative planting of trees, shrubs, berms
and groundcover for every one hundred feet of
frontage along the entry way corridors as listed be-
low. Acceptable tree species for greenway corridors
shall consist of the landscape types listed in the tree
selection guide prepared by the Bozeman tree advi-
sory board, and made available in the Bozeman
planning office.
(I) A total offour evergreen and deciduous trees
at random or in cluster arrangements, with no more
than fifty percent being deciduous, a minimum of
eight to ten feet in height, or one-and-one-half-inch
caliper;
(2) A total of two small ornamental trees at ran-
dom locations, a minimum of eight feet in height, or
one to one-and-one-half-inch caliper;
396-55
(Bozeman 11-01)
18.54.110
(3) A total of six deciduous and/or coniferous
large shrubs, of which three shall be flowering
shrubs, at random locations and a minimum of eight
and one-half feet in height at maturity, two to three
feet installation size; ,
(4) As an alternative to subsection (F)(I)(b)(3) of
this section, earth berms, an average of three and
one-half feet in height, planted with shrubs or living
ground cover so that the ground will be covered
within three years; and
(5) All other areas not landscaped with trees,
shrubs or ground cover shall be planted with a
drought resistant "native grass" mix consisting of:
seventeen and one-half percent sheep Fescue; seven-
teen and one-half percent Revenue Slender
Wheatgrass; thirty-five percent Secar Bluebunch
Wheatgrass and thirty percent Critana Thickspike
Wheatgrass. Alternatives to this mix may be consid-
ered where it can be demonstrated that the same
objectives are achieved with an alternative drought
resistant grass seed mix;
(6) Areas designated for detention and/or reten-
tion ponds for stormwater runoff from development
on building sites shall not be permitted in the fifty-
foot greenway corridor(s), unless all of the following
standards have been satisfied:
(i) Not more than one-third of the greenway
corridor setback along the frontage of each individual
lot is used for the purposes of retention/detention
ponds;
(ii) Location of retention/detention ponds do not
conflict with, or are justification to alter, design
guidelines and location of green way corridor land-
scape, pathways, streetscape furniture or lighting
fixtures;
(iii) Retention/detention ponds demonstrate superi-
or design and treatment of stormwater runoff, as well
as excellence in integration with green way corridor
landscape, and do not exceed a maximum slope of
I :3; and
(iv) Oroundcover for retention/detention ponds
shall consist of "native grass" seed mix as specified
above in item 5. similar turf grass, or a groundcover
certified by a licensed nurseryperson. Not more than
thirty percent of the area shall consist of nonorganic
(Bozeman 11-01)
groundcover if used as a decorative landscape fea-
ture.
c. Clustering landscape. Major entry way loca-
tions into development along North 19th A venue and
West Oak Street shall contain the following clustered
landscaping treatment:
For every one hundred feet of corridor frontage (or
portion thereof), a minimum of ten large and small
trees, two small ornamental trees, six large shrubs,
six large flowering shrubs, twenty small shrubs and
twenty small flowering shrubs.
2. Landscape Maintenance and Irrigation.
a. Installation. Installation of on-site landscape
improvements, to include greenway corridor(s), shall
be the responsibility of the land owner of each
individual lot at the time of development of said
property. Development of areas designated as com-
mon open space for the development shall be the
responsibility of the PUD developer at the time of
subdivision and planned unit development review
and approval;
b. Maintenance. Maintenance of boulevard
streetscape, greenway corridors and common open
space areas shall be the responsibility of the property
owner's association and shall comply with the
provisions set forth in Section 18.54.060(C)(4)(d) of
this zoning code. whereby all required landscape
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. Maintenance shall
consist of mowing, removal of litter and dead plant
materials, necessary pruning and irrigation. Where
pedestrian or bicycle pathways are located within the
greenway corridor, these trails shall be maintained to
provide for their safe use, including pruning of plants
to remove obstructions, and removal of dead plant
materials, litter, or other hazards;
c. Landscape Irrigation. Landscape irrigation
shall be supplied by the owner of each building site
by a shallow well pump, municipal water system or
other acceptable irrigation system. Irrigation shall be
piped to each individual planting area by an auto-
matic sprinkler system or other acceptable irrigation
system designed to irrigate all landscape features and
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396-56
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areas, and shall include a "bubble" irrigation system
for all trees and large shrubs. Alternatives to an
automatic sprinkler system shall be designed and
certified by a licensed landscape irrigation profes-
sional.
G. Pedestrian and Bicycle Trailways. Pedestrian
and bicycle trails designated in the North 19th A ve-
nuelWest Oak Street corridor master plan shall be
implemented during planned unit development and
subdivision review of development proposals located
in the sub-area plan of this section. Prior to receiving
final subdivision and planned unit development
approval, the developer must either install the full
trail improvements or provide payment into a North
19th AvenuefWest Oak Street corridor trails trust
fund. Should the community choose to construct
trailways for use by the general public prior to
development of said property, the land owner may
execute the necessary pedestrian and bicycle trail way
easement for installation and maintenance of said
trail(s). Pedestrian and bicycle trailways shall be
designed and installed in conformance with the
following:
I. Greenway Corridor. A curvilinear asphaltic
surface, a minimum width of eight feet wide, in-
stalled on a compacted, six-inch deep, three-quarter-
inch gravel road mix, on sterilized ground with weed
preventive fabric;
2. Stream Corridors. A gravel surface, a mini-
mum width of six feet wide, consisting of compacted,
six inch deep, three-quarter-inch gravel road mix,
over a treated area with a weed preventive fabric, or
an alternati ve trail standard subject to review and ap-
proval by the recreation and parks advisory board.
H. Orientation of Structures. Commercial lots
located in the North 19th Avenue and West Oak
Street entry way corridors shall be designed in a
manner to eliminate negative visual impacts resulting
from the orientation of accessory activities and
functions common to the rear of structures (loading
and unloading areas, ground mounted mechanical
equipment, storage refuse areas or outside storage
areas). The rear of structures, or the activities and
functions common to the rear of the structure, shall
not be orientated towards the arterial streets, pedes-
18.55.010
trian or bicycle trails or common open space without
proper architectural design, screening or landscape
buffering.
I. Orientation of Off-Street Parking Areas.
Commercial lots located in the North 19th Avenue
and West Oak Street entryway corridors shall be
designed in a manner that diminishes the visual
impact of expansive off-street parking areas separat-
ing buildings from the street, by including parking
areas that are beside and behind, not just in front of
buildings. This would encourage the placement of
buildings closer to streets and expanses of parking to
be broken up. (Ord. 1531 ~ 18,2001; Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
Chapter 18.55
ZONING TEXT AND MAP AMENDMENTS
Sections:
18.55.010
Initiation of amendments and
changes.
Amendments and rezonings-
Investigation requirements.
Public hearing procedures and
requirements.
18.55.020
18.55.030
18.55.010 Initiation of amendments and
changes.
A. The city commission may, from time to time,
amend, supplement or change this title and the
regulation or maps appertaining thereto. An amend-
ment, supplement or change may be initiated by the
city commission, zoning commission or upon peti-
tion from an owner of property within the city.
B. Whenever the property owner of any land or
building desires a reclassification on his property or
change in regulations applicable thereto, he may file
with the city planning department on forms provided
by the city for this purpose, a petition duly signed
and verified by him requesting an amendment or
change of regulations prescribed for such property.
(Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
396-57
(Bozeman 11.01)
18.55.020-18.55.030
18.55.020 Amendments and rezonings-
Investigation requirements.
Upon initiation of an amendment by the city com-
mission, zoning commission or upon petition from a
property owner, the zoning commission shall cause
to be made an investigation of facts bearing on such
initiation or petition as will provide necessary
information to assure that the action of each such
petition is consistent with the intent and purpose of
this title, including but not limited to a finding that
the application complies with the Bozeman Master
Plan. (Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.55.030 Public hearing procedures and
requirements.
A. The city commission and zoning commission
shall hold public hearings on the matters referred to
in such initiation or petition at which parties in
interest and citizens shall have an opportunity to be
heard.
B. The planning director shall give public notice
of all public hearings to be held before either the city
commission and the zoning commission. The notice
shall be published at least once in a newspaper
published and having general circulation in the city,
not more than forty-five days nor less than fifteen
days prior to the public hearings.
C. The notice shall specify the number, date, time
and place of all scheduled public hearings. It shall
state the name and address of the applicant, the name
and address of the owner of record of the property,
and a legal description of the property affected, the
street address or its location by approximate dis-
tances from the nearest major street or road
intersections so that the property can be easily iden-
tified, and a brief statement of the nature of the
hearing.
D. The notice shall provide a map of the area in
question so as to indicate its general location and
proximity to surrounding properties. In the case of a
text amendment the notice shall explain the intent of
the change, with reference to the precise text
amendment language being available for public
review at the city planning department.
(Bozeman 11-01)
E. However, where city zoning boundaries are
extended through annexation, which require initial
zoning classification, public notice shall consist of
three separate notifications in a newspaper published
and having general circulation in the city, provided
at least one of the notifications is published not more
than forty-five days nor less than fifteen days prior to
the public hearing. Such notice of public hearings
shall also be made available upon request to all
newspapers, radio stations and television stations
serving the zoning jurisdiction of the city for use as a
public service announcement.
F. In addition to such publication, the planning
director shall post same notice of public hearing not
more than forty-five days nor less than fifteen days
prior to the public hearings, on the site in question as
well as on one or more additional locations, visible to
the general public. within the affected area as
deemed appropriate by the planning director. How-
ever, where city zoning boundaries are extended
which require initial zoning classification, or where
such amendments are modifications to the text of the
zoning ordinance or map changes resulting from
modifications to the text of the zoning ordinance,
sign posting requirements shall not apply.
G. Such notice shall be sent by mail, not more
than forty-five days nor less than fifteen days, to the
applicant and owners of record, or their legal repre-
sentative, of the subject property as well as to the
owners of record of all parcels within one hundred
fifty feet of the perimeter of the subject property. The
number of feet occupied by all public roads, streets,
alleys, and other public ways, shall be excluded in
determining the one hundred fifty foot requirements.
However, where city zoning boundaries are extended
which require initial zoning classification, or where
the amendments are modifications to the text of the
zoning ordinance or map changes resulting from
modifications to the text of the zoning ordinance,
mailing of notice of public hearing to such
applicants. owners of public record, or their legal
representative, of the subject property(ies), or owners
of record of all parcels within one hundred fifty feet
of the perimeter of the subject properties shall not
apply.
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H. If for some reason a required property owner
fails to receive mail notification of a scheduled
public hearing, or if one or more of the required
posted signs in the area or on the site for which the
public hearing is being held, is inadvertently moved
through no fault of the city, this in no way shall
invalidate the legal notice requirements of the sched-
uled public hearing.
I. Notice may also be provided to property
owners in any additional area that may be substan-
tially impacted by the proposed change or use as
determined by the planning director.
J. After such hearing or hearings, the zoning
commission will make reports and recommendations
on the petition or initiation to the city commission.
K. When the zoning commission has recom-
mended an amendment to this title, including a
change in the district boundaries, the public hearing
shall be held by the city commission for the purpose
of acting upon the proposed amendment after public
notice. In the case of protest against such changes
signed by the owners of twenty-five percent or more
of either the area of the lots included in any proposed
change; or those lots one hundred fifty 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. (Ord. 1531 ~ 19,2001; Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
Chapter 18.56
VARIANCE AND ADMINISTRATIVE
INTERPRETATION APPEAL PROCEDURES
Sections:
18.56.010
18.56.040
Purposes.
Appeals and variances-
Application and investigation.
Interpretation and variances-
Hearing and notice requirements.
Variances-Criteria for consider~
ation.
Variances-Conditions of
18.56.050
18.56.060
18.56.070
18.56.010
18.56.080
approval.
Appeals from city commission
determinations.
Effective time for commission
decisions- Variances void when.
18.56.090
18.56.010 Purposes.
A. The city commission shall hear and decide
variances and administrative appeals as follows:
1. Hear and decide appeals where it is alleged
there is error in any order, requirement, decision or
determination made by an administrative official in
the enforcement of this title or of any title adopted
pursuant thereto. Appeals will be granted upon
finding that such order, requirement, decision or
determination made by an administrative official is
erroneous and contrary to this title or of any
ordinance adopted pursuant thereto;
2. Authorize, in specific cases, such variance
from the terms of this title as will not be contrary to
the public interest, where owing to special condi-
tions, a literal enforcement of the provisions will
result in unnecessary hardship, and so that the spirit
of this title shall be observed and substantial justice
done.
B. The commission may, after public notice and
hearing, deny, approve or conditionally approve all
requests for variance due to hardship, including:
1. Requests to modify dimensional requirements
of this title;
2. Requests for multiple variances;
3. Requests to modify flood hazard district
requirements subject to the provisions of Chapter
18.44; and
4. Requests for variances in conjunction with
conditional use permits. Approvals of all such
variances shall be conditioned upon Commission
approval of the conditional use permit.
C. All requests for deviations in neighborhood
conservation overlay districts, entryway overlay
districts, or through the PUD process as described in
Chapter 18.54 shall be heard by the city commission.
396-59
(Bozeman 11 ~01 )
18.56.040-18.56.050
D. In no case may the city commission grant
variances to allow uses not already permitted
pursuant to this title.
E. The concurring vote of four members of the
commission shall be necessary to reverse any order,
requirernents, decisions or determination of any ad-
ministrative official, or to decide in favor of the
applicant on any matter upon which it is required to
pass under this title, or to effect any variance of this
title. A reversal of the planning director's classifica-
tion of a particular use shall be submitted to the city
commission for determination under the provisions
of Section 18.06.060.
F. The concurring vote of three members of the
city commission shall be necessary to grant requested
deviations to this title. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.56.040 Appeals and variances-
Application and investigation.
A. Application for Variance or Interpretation
Appeals. A request for variance proposed shall be
made by filing at least thirty days prior to the
commission meeting an application with appropriate
fees with the planning director; such application shall
be accompanied by a development plan showing
such information as the planning director may
reasonably require for purposes of this title. The
plans shall contain sufficient information for the
commission to make a proper decision on the matter.
The request shall state the exceptional conditions and
the peculiar and practical difficulties claimed as a
basis for a variance. In all cases, the application shall
include, and shall not be deemed 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. List of names and addresses of property own-
ers within two hundred feet of site. using last de-
clared county real estate tax records;
(Bozeman 11-0 I)
5. Stamped, unsealed envelopes addressed with
names of above property owners;
6. A site plan drawn to scale showing the prop-
erty dimensions, grading, landscaping and location of
utilities, as applicable;
7. Location of all existing and proposed build-
ings;
8. Drive accesses, driveways, access roads,
parking spaces, off-street loading areas, and side-
walks as applicable;
9. The variance requested and the reasons for the
request;
10. Justification, in writing, of subsections A, B
and C of Section 18.56.060;
11. Evidence satisfactory to the city commission
of the ability and intention of the applicant to
proceed with actual construction work in accordance
with said plans within six months after issuance of
permit;
12. Required filing fee; and
13. In the case of an administrative interpretation
appeal evidence to prove that the decision or action
of the official was incorrect or in violation of the
terms of this title.
B. Investigation of Facts. The commission shall
cause to be made such investigation of facts bearing
on the application as will provide necessary
information to assure that the action on each such
application is consistent with the intent and purpose
of this title. During time of appeal aU construction
shall cease and shall not commence until approved
by the city commission. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.56.050 Interpretations and variances-
Hearing and notice requirements.
A. There shall be a hearing for each application
of an interpretation appeal or variance. The hearing
shall be held at an appointed time and place. Testi-
mony shall be taken by the commission from persons
interested in the application, and from the planning
staff.
B. The planning director shall give public notice
of all public hearings to be held before the city
conunission. The notice shall be published at least
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once in a newspaper published and having general
circulation in the city, not more than thirty days nor
less than ten days prior to the public hearings.
C. The notice shall specify the number, date, time
and place of all scheduled public hearings. It shall
state the name and address of the applicant, the name
and address of the owner of the property, and a legal
description of the property affected, the street
address, or its location by approximate distances
from the nearest major street or road intersection so
that the property can be easily identified, and a brief
statement of the nature of the hearing.
D. The notice shall provide a map of the area in
question so as to indicate its general location and
proximity to surrounding properties.
E. In addition to such publication, the planning
director shall post same notice of public hearing not
more than thirty days nor less then ten days prior to
the public hearings, on the site in question as well as
on one or more additional locations, visible to the
general public, within the affected area as deemed
appropriate by the planning director.
F. The notice of public hearings shall also be
made available upon request to all newspapers, radio
and television stations serving the jurisdiction for use
as a public service announcement.
G. Such notice shall be sent by mail, not more
than thirty days nor less than ten days prior to the
public hearings, to the applicant and owners of
record (or their legal representative) of the subject
property as well as to the owners of record of all
parcels within two hundred feet of the perimeter of
the subject property.
H. If for some reason, a required property owner
fails to receive mailed 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 re-
moved through no fault of the city, this in no way
shall invalidate the legal notice requirement of the
scheduled public hearing.
I. Notice may also be provided to property
owners in any additional area that may be substan-
tially impacted by the proposed variance as deter-
18.56.060--18.56.090
mined by the planning director. (Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.56.060 Variances-Criteria for consider-
ation.
In approving an application for a variance, the
commission shall designate such lawful conditions as
will secure substantial protection for the public
health, safety and general welfare, and shall find as
follows:
A. That the variance will not be contrary to the
public interest;
B. That a literal enforcement of this title will
result in unnecessary hardship owing to conditions
unique to the property;
C. The spirit of this title will be observed and
substantial justice done. (Ord. 1514 (part), 2000:
Ord. 1513 ~ I (Exh. A) (part), 2000)
18.56.070 Variances--Conditions of
approval.
Any approval under this chapter shall be subject to
the terms of the conditions designated in connection
therein. (Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh.
A) (part), 2000)
18.56.080 Appeals from city commission
determinations.
Any person or persons, jointly or severally, ag-
grieved by any decision of the city commission under
this chapter, or any taxpayer, or any officer,
department, board or bureau of the municipality, may
present to a court of record a petition, duly verified,
setting forth that such decision is illegal in whole or
in part specifying the grounds of illegality. Such
petition shall be presented to the court within thirty
days after the filing of the decision in the office of
the commission. (Ord. 1514 (part), 2000: Ord. 1513 ~
1 (Exh. A) (part), 2000)
18.56.090 Effective time for commission
decisions-Variances void when.
The decision of the city commission shall be final
except as provided in Section 18.56.080 and if a
building permit or land use permit is not obtained for
396-61
(Bozeman 11.01)
18.57.010-18.57.030
the subject property within six months from the date
of the commission's decision, the variance shall be
automatically canceled and become null and void.
(Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
Chapter 18.57
TELECOMMUNICATIONS
Sections:
18.57.010
18.57.030
18.57.040
Intent.
Review procedures.
Standards.
18.57.010 Intent.
A. The city has the authority to regulate the
placement, construction, and modification of wireless
telecommunications service facilities; and
B. The city commission finds that:
1. It is necessary to determine the appropriate
location for placement of towers and antennas to
serve local residents and businesses; and
2. The city desires to promote co-location and
use of alternative tower structures to minimize the
need to construct new towers; and
3. 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; and
4. The city seeks to ensure against potential
health and safety hazards to citizens and prevent
damage to adjacent properties; and
5. The city intends to exercise, to the fullest
extent permitted by applicable law, its authority with
respect to the regulation of the placement,
construction, and modification of wireless
telecommunications service facilities. (Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 20(0)
18.57.030 Review procedures.
A. Purpose. The purpose of this section is to
describe the standards and conditions under which
(Bozeman 11-01)
certain uses may be permitted as principal or
conditional uses in specific districts.
B. General Application. All uses listed in this
section shall be subject to the specific standards
described for each use, in addition to all other
applicable standards which may apply, and limited to
those districts specified. The provisions of this
chapter apply to large scale broadcast facilities and
small scale broadcast facilities as defined in Chapter
18.04. The provisions of this chapter do not apply to
facilities which meet the definition of essential
services (Type I) as defined in this Section 18.04.640
of this chapter, not to private antennae which are
limited to reception only.
C. The following review procedures shall be
utilized in the review of large scale broadcast
facilities.
I. A large scale broadcast facility shall be
considered as a principal use in the M-l, M-2, and
PLl districts, provided the facility meets all
applicable standards, and shall be reviewed under the
terms of Chapters 18.52 and this chapter. A large
scale broadcast facility which establishes a second
principal use on a proposed site will require a major
site plan. A large scale broadcast facility proposed to
be mounted on an existing structure may be
reviewed, at the discretion of the planning director,
as a minor site plan. A large scale broadcast facility
proposed to be located on an existing structure which
was previously reviewed for large scale broadcast
facility use, where such proposed facility is in
accordance with the original project approval, may
be required to submit only a sketch plan, as described
in Section 18.52. Large scale broadcast facilities are
exempt from the height limitations of these districts.
2. A large scale broadcast facility shall be
considered as a conditional use in the BP, B-1, B-2
and B-3 districts and subject to conditional use
permit review as described in Section 18.53. The
city commission, in approving such a conditional use
permit. shall find that the service provided by the
proposed facility cannot be adequately received from
other properly zoned locations. A large scale
broadcast facility may not exceed the established
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maximum building height in the BP, B-1, B-2, or B-3
districts. A large scale broadcast facility shall not be
permitted in the R-S, R-l, R-2, R-2a, R-3, R-3a, R-4,
R-O, and R-MH districts, except as part of a planned
unit development reviewed under Chapter 18.54, and
only upon a demonstration that the service provided
by the proposed facility cannot be adequately
received from other properly zoned locations.
3. A large scale broadcast facility proposed to be
located in the conservation overlay or entryway
overlay districts shall require in addition to any other
review procedure, a certificate of appropriateness.
D. The following review procedures shall be
utilized in the review of small scale broadcast
facilities.
1. A small scale broadcast facility shall be
considered as a principal use in the M-l, M-2, and
PL 1 districts, provided the facility meets all
applicable standards, and shall be reviewed as a
minor site plan under the terms of Chapters 18.52
and this chapter. A small scale broadcast facility
proposed to be located on an existing structure which
was previously reviewed for large or small scale
broadcast facility use, where such proposed facility is
in accordance with the original project approval, may
be required to submit only a sketch plan, as described
in Section 18.52. Small scale broadcast facilities are
exempt from the height limitations of these districts.
2. A small scale broadcast facility shall be
considered as a principal use in the B-1, B-2, B-3 and
BP districts, provided the proposed installation meets
the definition of stealth installation in Section
18.04.1485, and provided further, that the facility
does not exceed the established maximum building
height for the district proposed for such use. A small
scale broadcast facility shall be reviewed as a minor
site plan under the terms of Chapters 18.52 and this
chapter. A small scale broadcast facility proposed to
be located on an existing structure which was
previously reviewed for either large or small scale
broadcast facility use, where such proposed facility is
in accordance with the original project approval, may
be required to submit only a sketch plan, as described
in Section 18.52. A small scale broadcast facility
proposed to exceed the established maximum
18.57.030
building height may be permitted upon a
determination that the service provided by the
proposed facility cannot be adequately received from
other properly zoned locations.
3. A small scale broadcast facility shall be
considered as a conditional use in the R-S, R-l, R-2,
R-2a, R-3, R-3a, R-4, R-Q, and R-MH districts and
subject to conditional use permit review as described
in Chapter 18.53. All small scale broadcast facilities
in these districts must be stealth installations, as
defined in Section 18.04.1485, and may not exceed
the established maximum building height for the
district proposed for such use. The city commission,
in approving such a conditional use permit, shall find
that the service provided by the proposed facility
cannot be adequately received from other properly
zoned locations.
4. A small scale broadcast facility proposed to be
located in the conservation overlay or entryway
overlay districts shall require in addition to any other
review procedure, a certificate of appropriateness.
5. A broadcast facility of less than five hundred
watts effective radiated power proposed for the sole
and exclusive, on-site use of a business, which
business has otherwise been approved under
Chapters 18.52, 18.53, or 18.54, and found to be in
compliance with the maximum building height
limitations of the zoning district, with all setback and
other zoning requirements, and which has four or less
square feet of total antenna surface area, may be
permitted as an accessory use in any nonresidential
district.
6. A non broadcast telecommunication facility
shall be considered as a principal use in all
nonresidential districts and in the R-S district, and a
conditional use in the R-3, R-4, and R-O districts,
provided the facility meets all applicable standards,
and shall be reviewed as a minor site plan or
conditional use under the terms of Chapters 18.52,
18.53, and this chapter. A certificate of appro-
priateness is required in conjunction with the plan
review when the site is within an entryway overlay or
conservation overlay district At the discretion of the
planning director a non broadcast telecomunications
facility proposed on a site which is currently devel
396-63
(Bozeman 11.01)
18.57.010--18.57.030
oped may be required to submit only a sketch plan,
as described in Section 18.52.
E. Submittal requirements for large scale and
small scale broadcast facilities. The following
information and data shall be submitted for broadcast
facility plan review.
1. Site and landscape plans drawn to scale.
2. A report including a description of the tower
with technical reasons for its design.
3. Documentation establishing the structural
integrity for the tower's proposed use.
4. The general capacity of the tower, and
information necessary to assure that ANSI standards
are met.
5. A statement of intent on whether excess space
will be leased.
6. Proof of ownership of the proposed site or
authorization to utilize it.
7. Copies of any easements necessary.
8. An analysis of the area containing existing
topographical contours; and
9. A visual study depicting where within a three
mile radius any portion of the proposed tower could
be seen. (Ord. 1526 ~ 2, 2000: Ord. 1514 (part),
2000: Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.57.040 Standards.
A. Safety. The following information shall be
provided with all applications to establish or modify
a small scale broadcast facility or large scale
broadcast facility.
1. A statement of whether the proposed facility is
exempt or non-exempt from environmental review
under the Rules of the FCC. 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 shall be included.
If the facility is not exempt from environmental
review a copy of the environmental review and the
approval from the FCC for the site shall be provided
to the city of Bozeman prior to the issuance of a
building permit.
2. If the facility is claimed to be exempt from
environmental review a statement shall be provided,
under oath and notarized, that the proposed or
(Bozeman 11.01)
existing facility does or will comply with FCC radio
frequency emission guidelines for both general
population/uncontrolled exposures and
occupational/controlled exposures as defined in the
FCC rules. The provision of false information shall
result in the immediate revocation of permits or
approvals granted upon the basis of the false
information and the cessation of operation of the
offending facilities.
3. A building permit shall be obtained prior to
the installation of any telecommunications facility.
The structural design for all antenna support
structures ten feet or greater in height or which have
attached more than four square feet of total antenna
area shall be certified by a professional structural
engineer licensed to practice in the state of Montana.
4. All small scale broadcast facility and large
scale broadcast facility shall meet or exceed current
standards and regulations of the FCC, FAA, and any
other agency with the authority to regulate towers
and antennas. If such standards are changed the
owner shall modify the installation to comply with
the new standards within six months of the effective
date of the new standards or regulations unless a
different implementation schedule is required by the
issuing agency.
5. Towers with a base located at grade shall be
enclosed within a secure fence not less than six feet
in height or the tower itself shall be equipped with an
appropriate anti-climbing device.
B. Setbacks/Aesthetics.
1. The provisions of this section may be waived
by the approval body as determined by Chapters
18.52 or 18.53 where it has been demonstrated that
the waiver will result in superior compliance with the
intent and purposes of this title.
2. New towers greater than forty feet in height
shall accommodate at least three service providers
with accompanying area for equipment and access.
Where multiple providers will be utilizing the same
area and/or support structure, consideration should be
given to the provision of a single building or other
similar integration of equipment housing. A new
tower may meet this requirement by correctly sizing
the foundation and other structural elements to allow
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the future addition of height to the structure to
accommodate additional users rather than
immediately constructing the entire tower. This
requirement will be able to be able to be waived by
the governing body upon a showing of fact to
overcome the presumptio~ that multiple transmitters
are desirable on a tower.
3. An applicant for a new tower in excess of
forty feet in height shall demonstrate that there are no
available openings on existing facilities which are
technically and financially feasible and that a new
structure is necessary. A site shall be deemed
financially feasible if the cost is equal to or less than
the cost of constructing a new tower.
4. All installations shall be visually unobtrusive
as is feasible. FAA and FCC regulations may require
visual marking and lighting and may not be
overridden by local regulations in this area. Unless
otherwise required by the FAA or FCC towers shall
be of a galvanized finish or be painted in neutral
colors. Facilities and equipment mounted on existing
structures shall be visually incorporated into the
structure or background by the use of architectural
elements, color, screening, or other methods.
Installations located within the conservation overlay
or entry way overlay districts shall be reviewed
against the criteria of Chapter 18.42 and Chapter
18.43 as applicable.
5. No lighting or signage except a single four
square foot business identification sign is allowed
unless such lighting or signage is required by the
FAA, FCC, or the city of Bozeman.
6. Special setbacks for towers shall be provided
and/or a design for internal structural collapse to
avoid damage or injury to adjoining property or users
shall be provided.
a. Residential district setbacks for a large scale
broadcast facility shall be one hundred percent of
tower height which may be reduced to no less than
fifty percent upon the provision and approval of an
engineered design, stamped by a professional
structural engineer licensed to practice in the state of
Montana, establishing a smaller collapse area.
b. A large scale broadcast facility 10
nonresidential zones shall provide a minimum
18.57.040
setback from the property lines of seventy-five
percent of tower height which may be reduced to no
less than twenty percent of tower height upon the
provision and approval of an engineered design,
stamped by a professional structural engineer
licensed to practice in the state of Montana,
establishing a smaller collapse area. All installations
shall maintain the minimum zoning district setbacks
including special setbacks for entry way corridors.
An application for a large scale broadcast facility
located less than one hundred percent of the tower
height from the property line shall include a narrative
addressing the issue of ice fall.
7. All structures shall be constructed in
conformance with the most recent version of either
the standards of the Uniform Building Code or the
Electronics Industries Association and the
Telecommunications Industry Association,
commonly cited as EIAfTIA 222-E standards. The
most rigorous standard shall govern.
8. Visual screening shall be provided in all
residential areas and where a facility is located within
a nonresidential area which is visible, at grade, from
a residential area. Screening shall provide an opaque
screen within eighteen 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 the zoning code. The site
shall comply with the landscaping provisions of the
zoning code as contained in Section 18.50.100.
9. Materials on the exterior of equipment shelters
used in residential areas shall be of materials
commonly used in the neighborhood. The
architectural design of the shelter shall be compatible
with surrounding residential structures. The intent of
the requirements of this paragraph may be met by
providing fencing or other visual screening
compatible with the neighborhood, in compliance
with all other sections of the code, which will
obscure the entire equipment shelter. The screening
shall be in place prior to the commencement of
operations of the facility.
10. All small scale broadcast facilities established
in one of the recognized historic districts or entryway
overlay districts shall be installed in such a way as to
396-65
(Bouman 11-01)
18.57.040
maintain the historic or architectural character of the
host site. All sites shall maintain the least possible
visual obtrusiveness.
11. Applicants for a small scale broadcast facility
or a large scale broadcast facility i~ residential areas
shall provide an accurate photo simulation ofthe site
with the proposed facility in place. The simulation
shall be to scale, and include all feasible antennae
depicted on the tower. Landscaping which is not
shown or proposed on the accompanying site plan
shall not be included in the simulation unless it exists
on adjoining properties.
12. A non broadcast telecommunication facility
located within an entryway overlay district, the
conservation overlay district, or a residential zoning
district shall be enclosed within a structure. The
structure shall be of materials and character which
are compatible with the adjacent properties. The
facility shall comply with all applicable side, front,
and rear yard setbacks.
C. Administrative.
I. An inventory of existing sites utilized by the
applicant shall be provided. The inventory shall note
the feasibility of accommodating other users. The
city may share this information with other applicants
or interested parties to encourage co-location.
2. The public land and agencies exemption from
full compliance with zoning in Section 76-2-402,
Montana Code Annotated does not apply to private
entities utilizing publicly owned lands.
3. All facilities shall be removed within nine
months of the cessation of operations. If a facility is
not removed within nine months the city shall
remove the facility at the facility or land owner's
expense. Where multiple users share a facility the
nonoperational antennae shall be removed but any
common equipment may be retained until all users
have terminated the utilization of the site.
4. Any emergency power supply or other
equipment installed at the facility must comply with
Section 18.50.0351, Noise.
5. No facilities may be established in residential
areas which require employees to be present on a
routine basis, with the exception of periodic
maintenance activities, unless the zone allows offices
(Bozeman 11.0 I)
as a permitted or conditional use and appropriate
review has been completed.
6. Failure to comply with the terms of the zoning
ordinance shall be grounds for facilities to be
removed by action of the city at the owner's expense.
7. Any modifications to existing broadcast sites
may only occur in compliance with the review
procedures required in Section 18.57.030.
8. Denial of an application shall be made only
after the review body has determined that specific
criteria of this title cannot be met. ' Said
determination shall be made in writing and shall
include the reasons for the denial and the evidence
which supports those reasons. Public opposition
alone is not sufficient to deny the application. (Ord.
1526 ~ 3,2000; Ord. 1514 (part), 2000: Ord. 1513 ~
I (Exh. A) (part), 2000)
e
Chapter 18.58
PLAN APPEALS PROCEDURE
e
Sections:
18.58.010
18.58.020
18.58.030
Definitions.
Application of appeal procedures.
Appeal of final decision
permitted.
Filing of notice of appeal.
Notice of appeal.
Record on appeal.
Scheduling of the hearing.
Procedure of the hearing.
Alternative actions available to
the appellate body.
18.58.040
18.58.050
18.58.060
18.58.070
18.58.080
18.58.090
18.58.010 Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the following rnean-
mgs:
"Aggrieved person" means a person 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
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interest would be specifically and personally
prejudiced by the decision or benefited by its rever-
sal.
"Appellant" means an aggrieved person who has
taken an appeal from an agency, board or commis-
sion to another body designated herein by the filing
of a notice of appeal.
"Applicant" means the person who or organization
which submitted the application to the agency, board
or commission whose decision has been appealed.
"Final decision" means the final action of an agen-
cy, board or commission when no further action is
available before such agency, board or commission.
Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.58.020 Application of appeal procedures.
Appeals from agencies, boards and commissions
to other agencies, boards and commissions of city
government or the courts are set forth in the various
sections of this title. Said appeals are permitted under
the provisions of this section in the manner set forth
herein.
A. Boards and Agencies. These appeal proce-
dures shall apply to the decisions brought forth by
the following:
1. Development review committee (DRC);
2. Design review board (DRB);
3. Administrative design review staff (ADR).
B. Order of Appeals. Appeals from any board or
agency shall follow the following order:
1. DRC to city commission;
2. DRB to city commission;
3. ADR to city commission, upon consideration
and comment by the DRB. (Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2(00)
18.58.030 Appeal of final decision permitted.
An aggrieved person may appeal the final decision
of any agency, board or commission to which this
appeal procedure applies in the manner provided in
this chapter. (Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
18.58.010--18.58.060
18.58.040 Filing of notice of appeal.
A. An appeal shall be taken by filing with the
planning director a notice of intent to appeal by noon
on the Friday following the final decision of the
agency, board or commission to which this section
applies, and a documented appeal within seven
business days of the final decision of the agency,
board or commission to which this section applies.
Such notice of intent to appeal shall include the
following:
1. The action of the agency, board or commis-
sion which is the subject of the appeal;
2. The date of such action;
3. The name, address, telephone number and
relationship of the appellant to the subject of the
action of the agency, board or commission.
B. The documented appeal shall include in addi-
tion:
The grounds for the appeal, including specific
allegations to be considered on appeal. (Ord. 1514
(part), 2000: Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.58.050 Notice of appeal.
Notification of appeal procedures shall be includ-
ed in the initial posting and notice of the proposal,
provided that an initial posting and notice is required
by Chapter 18.52. Once a documented appeal has
been filed, the property in question will be posted
and notice of the appeal hearing provided to the
Bozeman Chronicle. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.58.060 Record on appeal.
Any appeal shall be an appeal on the record of the
hearing before the agency, board or commission. The
record provided to the appeal body shall include the
following:
A. Detailed minutes of the proceedings before the
agency, board or commission from which the appeal
has been taken;
B. All exhibits, including, without limitation, all
writings, drawings, maps, charts, graphs, photo-
graphs and other tangible items received or viewed
by the agency, board or commission at the proceed-
ings;
396-67
(Bozeman 1l.Ol)
18.58.070--18.58.090
c. A verbatim transcript of such proceedings
before the agency, board or commission, or any
portion thereof, at the option and expense of any
aggrieved party. (Ord. 1514 (part), 2000: Ord. 1513 ~
1 (Exh. A) (part), 2000)
18.58.070 Scheduling of the hearing.
The dates, times and locations for hearing ap-
peal(s) before the appropriate body(s) shall be in-
cluded in the reposting of the property in question,
and in the notice of the appeal hearing provided to
the Bozeman Chronicle. (Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.58.080 Procedure of the hearing.
A. At the hearing on the appeal, the following
procedure shall be followed:
Only arguments and evidence relevant to the
grounds shall be presented. The presentation of
arguments on the merits of the appeal shall be made
in the following order, subject to such limitations, in
time and scope as may be imposed at the discretion
of the presiding officer:
1. Explanation of the nature of the appeal and
presentation by planning staff;
2. Presentation of argument by the appellant and
any person in support of the appellant;
3. Presentation or argument by any person who
is an opponent of the appeal; and
4. Motion, discussion and vote by the appellate
body.
B. No person making a presentation shall be
subject to cross-examination except that members of
the appellate body and the city attorney may inquire
of such person for the purpose of eliciting informa-
tion and for the purpose of clarifying information
presented. (Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
18.58.090 Alternative actions available to the
appellate body.
The appellate body shall consider an appeal based
upon the record on appeal and relevant provisions of
this title. Only evidence relevant to the grounds for
the appeal shall be heard. At the conclusion of such
(Bozeman Il-{)l)
-
hearing, the appellate body shall uphold, overturn or
modify the decision of the agency or board. Appeals
will be granted upon finding that such order,
requirement, decision or determination made by the
agency or board is erroneous and contrary to this title
or of any ordinance adopted pursuant thereto. (Ord.
15]4 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
Chapter 18.62
ADMINISTRATION, PERMITS AND FEES
Sections:
18.62.010
18.62.020
18.62.030
18.62.040
18.62.050
18.62.060
18.62.070
18.62.080
18.62.090
18.62.100
Administration and enforce-
ment-Planning director author-
ity.
Planning director and building
official-Plan application check-
ing-Notice of noncompliance.
Building permit requirements.
Permit issuanc~Conformity
with regulations required.
Permits issued contrary to title
deemed void.
Expiration of permits.
Stop-work order-Planning
director and/or building official
authority.
Enforcement-Planning director.
Building pennits and installation
of improvements.
Fee schedule.
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18.62.010 Administration and
enforcement-
Planning director authority.
A. The planning director, or his/her designated
representative, shall administer and enforce this title.
He/she may be provided with the assistance of such
other persons as the planning director may direct and
those assistants shall have essentially the same
responsibilities as directed by the planning director.
396-68
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B. If the planning director shall find that any of
the provisions of this title are being violated, he shall
notify in writing the person responsible for such
violations, indicating the nature of the violation and
ordering the action necessary to correct it. He shall
order discontinuance of illegal use of land, illegal
additions, alterations, or structural changes; dis-
continuance of any illegal work being done; or shall
take any other action authorized by this title to insure
compliance with or prevent violation of its
provisions. (Ord. 1514 (part), 2000: Ord. 1513 ~ 1
(Exh. A) (part), 2000)
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18.62.020 Planning director and building
official-Plan application checkw
lng-Notice of noncompliance.
A. It is the intent of this title that the planning
director and building official, or their designees, shall
check all plans and applications for permits for
compliance with this title both before and during
construction.
B. If, during this procedure, the planning director
and/or the building official deems that the proposed
plan or construction does not comply with this title,
he shall inform the applicant of the infraction and
shall stop all construction on the project until such
time as the applicant, builder or principal revises his
plan to conform to this title and/or fulfills the
requirements of any mandated review procedure(s) as
set forth in this title. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
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18.62.030 Building pennit requirements.
No building or other structure shall be erected,
moved, added to or structurally altered and no land
use shall be changed without valid permits as pre-
scribed in this chapter.
A. Building Permit. Within the limits of the city,
building permits shall be obtained by following the
latest version of the Uniform Building Code (Inter-
national Conference of Building Officials, 5360
South Workman Mill Road, Whittier, California)
adopted by the city.
B. The building permit shall be obtained by
application to the city building official. Applications
18.62.010-18.62.050
shall be accompanied by plans in duplicate, drawn to
scale showing the actual dimensions and shape of the
lot to be built upon, the legal description of the
parcel; the exact sizes and location on the lot(s) of
buildings already existing, if any; the location and
dimensions of the proposed buildings or alternatives,
and two copies of the approved site plan or sketch
plan as approved under Chapters 18.52, 18.53, 18.54,
etc., of this title.
C. One copy of the plans shall be returned to the
applicant after the building official and planning
director have marked each copy either as approved or
disapproved and attested to same by their signatures.
The second copy similarly marked shall be retained
by the building division.
D. Approval of any plan that has been granted
based upon false information provided by the appli-
cant shall be deemed void. (Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A) (part), 2000)
18.62.040 Pennit issuanc~Confonnity with
regulations required.
No permit, or license of any type shall be issued
unless in conformance with the regulations con-
tained within this title. Permits issued on the basis
of plans and applications approved by the building
official and planning director authorize only the
use, arrangement and construction set forth in such
approved plans and applications, and no other use,
arrangement or construction. Use, arrangement or
construction at variance with that authorized shall
be deemed a violation of this title, punishable as
provided in Chapter 18.70. (Ord. 1514 (part), 2000:
Ord. 1513 ~ 1 (Exh. A)(part), 2000)
18.62.050 Pennits issned contrary to title
deemed void.
Any building permit, or any authorization issued,
granted, or approved in violation of the provisions of
this title shall be null and void and of no effect
without the necessity of any proceedings or a revo-
cation or nullification thereof, and any work under-
taken or use established pursuant to any such build-
ing permit or other authorization shall be unlawful.
396-69
(Bozeman 1l.Ol)
18.62.060--18.62.090
(Ord. 1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A)
(part), 2000)
18.62.060 Expiration of permits.
Every permit issued by the buil~ing official under
the provisions of this title shall expire by limitation
and become null and void if the building or work
authorized by such permit has not commenced within
one hundred eighty days from the date of such per-
mits, or if the building or work authorized by such
permit is suspended or abandoned at any time after
the work is commenced for a period of one hundred
twenty days. Before such work can be recommenced,
a new permit shall fIrst be obtained to do so, and the
fee therefor shall be one-half the amount required for
a new permit for such work, provided no changes
have been made or will be made in the original plans
and specifications for the work; and provided further
that such suspension or abandonment has not
exceeded one year. (Ord. 1514 (part), 2000: Ord.
1513 ~ 1 (Exh. A) (part), 2000)
18.62.070 Stop-work order-Planning director
and/or building official authority.
Whenever any building work is being done con-
trary to the provisions of this title, the planning
director and/or building official shall order the work
stopped by notice in writing served on any person
engaged in doing or causing such work to be done,
and any such person shall forthwith stop such work
until authorized by the planning director and/or
building official to proceed with the work. (Ord.
1514 (part), 2000: Ord. 1513 ~ 1 (Exh. A) (part),
2000)
18.62.080 Enforcement-Planning director.
This title shall be enforced by the planning direc-
tor and his authorized representatives. No building
permit or business or occupational use license shall
be issued, except in compliance with the provisions
of this title. (Ord. 1514 (part), 2000: Ord. 1513 ~ I
(Exh. A) (part), 2000)
(Bozeman ll-Ol)
18.62.090 Building permits and installation of
improvements.
The purpose of this section is to establish the re-
quirements for the scheduling and installation of all
on-site and off-site improvements which are required
as per the standards set forth in this code, or which
are required as a result of any conditions which may
be applied to the approval of any project through the
appropriate review process. 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.
A. Only minor site surface preparation and
normal maintenance shall be allowed prior to
conditional approval by the appropriate review
authority and the issuance of a building permit,
providing that such activity does not include
excavation for foundations or the removal of mature,
healthy vegetation. Upon conditional approval by
the appropriate review authority, excavation for
foundations and the preparation offonns may occur,
however, no concrete shall be poured and no further
construction shall commence until final site or sketch
plan approval has been granted and until building
permits have been issued.
Exception: When construction and funding of
public streets are occurring under the provisions of
Chapter 18.54, Planned Unit Development (POD), or
under provisions established for Traditional
Neighborhood Development, the issuance of building
permits may be allowed prior to completion of
infrastructure improvements, pursuant to the
provisions established for municipal water and
sanitary sewer in Section 18.50.030(D)(3) and (4).
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B. A building permit must be obtained within one
year of final site or sketch plan approval. Building
permits will not be issued until the final site or sketch
plan is approved.
C. At the time of final site plan approval, the
applicant shall enter into aD improvements agreement
with the city. At the discretion of the planning
director, certain projects receiving a certificate of
appropriateness may be required to enter into an
improvements agreement with the city at the time of
final approval of the certificate of appropriateness.
Detailed cost estimates and construction plans of all
required on-site and off-site improvements shall be
made a part of the agreement.
D. No building permit shall be issued for any
building or use for which site plan or sketch plan
approval is required unless such approval has been
obtained. Except as provided for in subsection E of
this section, no occupancy shall be permitted or
certificate of occupancy issued unless the terms and
details of an approved site or sketch plan are met.
The DRC and/or ADR or their representative shall
conduct an "as-built" inspection to verify compliance
and shall sign off on a certificate of occupancy if all
terms and details of the approval are complied with.
E. If occupancy of the structure or commence-
ment ofthe use is to occur prior to installation ofthe
required improvements, the improvements agree-
ment, described in subsection C of this section, must
be secured by a method of security equal to one and
one-half times the amount of the estimated cost of the
scheduled improvements not yet installed. The meth-
od of security shall be valid for a period of not less
than twelve months; however, all on-site and off-site
improvements shall be completed by the applicant
within nine months of occupancy or the security shall
be forfeited to the city for the purpose of installing or
contracting for the installation of the required
improvements.
F. In those instances where occupancy is to occur
before the installation of all required improvements,
the DRC and/or ADR shall determine which, if any,
of the required improvements must be installed prior
to occupancy. Such determinations shall be based on
a finding that unsafe or hazardous conditions will be
18.62.100
created or perpetuated without the installation of
certain improvements or that the property will have
an unacceptable adverse impact on adjoining proper-
ties until such improvements are installed.
G. When all provisions are met for occupancy of
a facility or commencement of a use prior to the
installation of all improvements, the building official
may issue a temporary certificate of occupancy
which allows occupancy of the facility on a tempo-
rary basis for a period not to exceed nine months.
When all required improvements are installed in
compliance with all tenns and details of the site or
sketch plan approval, the temporary occupancy
permit shall be withdrawn and a permanent certifi-
cate of occupancy shall be issued according to the
provisions of this chapter. (Ord. 1532 ~ 3,2001; Ord.
1514 (part), 2000: Ord. 1516 ~ 1 (Exh. A) (part),
2000)
18.62.100 Fee schedule.
A. The city commission shall establish a schedule
of fees, charges and expenses and a collection proce-
dure for building permits, appeals, and other matters
pertaining to this title. The schedule of fees for the
procedures listed below shall be set from time to time
by the city commission by resolution. The fees shall
be posted in the office of the planning director and
may be altered or amended only by the city
commission.
1. Zone map change;
2. Zone code amendment;
3. Variance;
4. Planned unit development;
5. Site plan review: Major and minor;
6. Sign review;
7. Special temporary use;
8. Mobile home parks;
9. Recreational vehicle parks;
10. Conditional uses;
11. Temporary signs;
12. Certificates of appropriateness;
13. Floodplain processing fee;
14. Submittal compliance check fee;
B. No permit, zone change, site plan, conditional
use, special temporary use, planned unit development
396-71
(Bozeman ll-{)l)
18.65.0 I 0-18.65 .020
or variance shall be issued unless or until such costs,
charges, fees or expenses have been paid in full, nor
shall any action be taken on proceedings before the
development review committee, the design review
board, the planning board, or the city commission,
until fees have been paid in full. (Ord. 1514 (part),
2000: Ord. 1516 ~ I (Exh. A) (part), 2000)
Sections:
18.65.010
18.65.020
18.65.030
18.65.040
18.65.050
18.65.060
18.65.070
18.65.080
18.65.090
18.65.100
18.65.110
18.65.120
18.65.130
18.65.140
18.65.150
18.65.160
18.65.170
18.65.180
18.65.190
18.65.200
(Bozeman II ~OI )
Chapter 18.65
BOZEMAN SIGN CODE
Intent and purposes.
Definitions and interpretation.
Sign permit requirements.
Prohibited signs.
Permitted temporary and special
event signs.
Signs exempt from permit
requirements.
Signs pennitted upon the issuance
of a sign permit.
Comprehensive sign plan.
Multitenant complexes with less
than one hundred thousand
square feet of ground floor area.
Multitenant complexes with more
than one hundred thousand
square feet of ground floor area.
Indoor shopping mall complexes
with more than one hundred
thousand square feet of ground
floor area.
Illumination.
Street vision triangles.
Required address signs.
Billboards.
Historic or culturally significant
signs.
Application.
Maintenance of permitted signs.
Nonconforming signs.
Violation.
18.65.010 Intent and purposes.
It is the intent and purpose of this code to promote
the health, safety and welfare of the residents and
visitors of the city of Bozeman by regulating and
controlling the size, location, type, quality of materi-
als, height, maintenance and construction of all signs
and sign structures not located within a building for
the following reasons:
A. To preserve the Bozeman area's natural scenic
beauty;
B. To contribute to inviting entrances into
Bozeman by eliminating clutter associated, in part,
with the unrestricted proliferation of signs, lights. and
stringed devices;
c. To encourage area beautification through
creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the
community's built and natural environment;
D. To give all businesses an equal opportunity to
have a sign that will help people find the services
they need;
E. 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 its
business, and the right of the public to be protected
from the visual discord that results from the
unrestricted proliferation of signs.
Sections 18.42.080 and 18.43.080 establish certain
exemptions and alternative procedures utilizing
design review by the design review board (DRB).
The deliberations and decisions of the ORB shall be
directed to accomplish the intent and purpose of this
chapter. It is determined that the regulations
contained herein are the minimum necessary to
further the interests of this code. (Ord. 1514 (part),
2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
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18.65.020 Definitions and interpretation.
Words and phrases used in this chapter shall have
the meanings set forth in this section. Words and
phrases not defined in this section but defined in this
title shall be given the meanings set forth herein. All
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other words and phrases shall be given their
common, ordinary meaning, unless the context
clearly requires otherwise. Section headings or cap-
tions are for reference purposes only and shall not be
used in the interpretation' of this chapter.
"Anchor tenant" mean's a tenant within a retail
shopping center or complex which utilizes twenty
thousand or more square feet of ground floor area in
one or more structures.
"Area of signs" means that the area of a sign shall
be computed by enclosing the entire area within any
type of perimeter or border which may enclose the
outer limits of any writing, representation, emblem,
figure, or character together with any other material
or color forming an integral 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 shall be computed by enclosing the entire
area within parallelograms, triangles, or circles in a
size sufficient to cover the entire area of the sign
copy and computing the size of such area. In the case
of a two-sided sign, the area shall be computed as in-
cluding only the maximum single display surface
which is visible from any ground position at one
time. IT the angle between the two sign faces is
greater than forty-five degrees, the sign area will be
the sum of the areas of the two faces. The supports or
uprights on which any sign is supported should not
be included in determining the sign area unless such
supports or uprights are designed in such a manner as
to form an integral background of the sign. In the
case of any spherical, conical, or cylindrical sign one
half of the total surface area shall be computed as the
area of the sign.
"Awning" means a roof-like structure, which is
generally composed of a skeletal frame, covered in a
fabric or other skin-type material, and typically open
on the bottom side, which projects beyond a building
or extending along and projecting beyond the wall of
the building. For the purposes of this chapter a sign
on an awning shall be considered to be a wall sign.
"Banner" means 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. National, state or municipal flags, or the
18.65.020
official flag of any institution or business shall not be
considered banners.
"Beacon" means 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.
"Building frontage" means the maximum dimen-
sion of the building front measured on a straight line
parallel to the street.
"Canopy" means any open, permanent roof-like
accessory structure which is not attached or part of a
principal building. For the purposes of this chapter, a
sign located on a canopy shall be considered a wall
SIgn.
"Commercial message" means any sign wording,
logo, or other representation that, directly or indi-
rectly, names, advertises or calls attention to a busi-
ness, product, service, or other commercial activity.
"Directional sign" means an on-premises sign
which is intended to convey information regarding
the location of specific features of the site or to
convey on-premises regulations including traffic and
circulation regulations.
"Freestanding sign" means 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.
"Height of low profile sign" means the vertical
distance between the finished grade and the highest
component ofthe sign.
"Height of pole style sign" means the vertical
distance between the elevation of the adjacent street
curb, or edge of pavement if no curb exists, to the
highest attached component of the sign. In the event
that the finished grade of the sign location is higher,
or lower, than the adjacent street curb or edge of
pavement, the height shall be determined as the
vertical distance from the median elevation between
the adjacent street curb or edge of pavement and the
lowest finished grade at the base of the sign to the
highest attached component of the sign.
"Incidental sign" means a sign, generally informa-
tional, that has a purpose secondary to the use of the
zone lot on which it is located, such as "no parking,"
396-73
(Bozeman ll-{)l)
18.65.020
"entrance," "loading only," "telephone," and other
similar directives. No sign with a commercial
message which is designed with the intent to be
legible from a position off the zone lot on which the
sign is located shall be considered incidental.
"Interchange zone" means districts created for the
purpose of allowing larger and/or additional signage
for the areas adjacent to the 1-90 interchanges at East
Main Street, North 7th Avenue, and North 19th
A venue which are located within the entryway
overlay district, B-2 District, and within one thou-
sand three hundred feet of the 1-90 right-of-way.
"Low-profile sign" means a freestanding sign
composed of a solid structure between finished grade
and the top of the sign, Also referred to as a
monument sign.
"Noncommercial speech" means 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" means a sign that does not
conform to the provisions of this chapter.
"Off-premises sign" means a sign which advertises
or directs attention to products or activities that are
not provided on the parcel upon which the sign is
located.
"Parapet" means that part of the wall which ex-
tends above the roof. For the purposes of this chapter,
the top of the parapet shall be considered to be the
roofline.
"Pennant" means 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.
"Pole sign" means a freestanding sign which is
supported by a column(s) or other structural mem-
ber(s) 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
sign and finished grade.
"Portable sign" means 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
(Bozeman ll-{)l)
means of wheels; signs converted to A- or T -frames;
balloons used as signs; umbrellas used for advertis-
ing; 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.
"Projecting sign" means 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.
"Revolving sign" means any sign which all, or a
portion of, may rotate either on an intermittent or
constant basis.
"Roof sign" means any sign erected and con-
structed on and over the roof of a building, supported
by the roof structure, and extending vertically above
any portion of the roof. Roof signs shall not include
signs located on a mansard roof if the sign is
mounted vertically and integrated with the roof. For
the purpose of this chapter, architecturally integrated
mansard signs and other architecturally integrated
signs located below the principal roof line shall be
classified as wall signs.
"Setback" means the distance from the property
line to the nearest part of the applicable building,
structure, or sign, measured perpendicularly to the
property line.
"Shopping mall" means a multi-tenant retail struc-
ture where tenants are located on both sides of a
covered walkway with direct pedestrian access to all
establishments from the walkway.
"Sign" means any device, fixture, placard, or
structure that uses any color, form, graphic, illumi-
nation, 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,
"Special event sign" means a temporary sign
which advertises special civic events and activities
such as street fairs, community festivals, parades,
farmers markets and charity benefits.
"Street" means a strip of land or way subject to
vehicular traffic (as well as pedestrian traffic) that
provides direct access to property, including, but not
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limited to, avenues, boulevards, courts, drives, high-
ways, lanes, places, roads, or other thoroughfares, but
not including alleys or driveways.
"Temporary sign" means any sign that is used only
temporarily and is not permanently mounted.
"Wall sign" means 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 beyond six inches of the wall.
"Window sign" means any sign, painted, attached,
glued, or otherwise affixed to a window for the
purpose of being visible from the exterior of the
building.
"Zone lot" means a parcel of land or contiguous
parcels of land held in single ownership that is of
sufficient size to meet minimum zoning requirements
for area, coverage and use. (Ord. 1514 (part), 2000:
Ord. 1516 ~ 1 (Exh. A)(part), 2000)
18.65.030 Sign permit requirements.
If a sign requiring a permit under the provision of
this chapter is to be placed, constructed, erected, or
modified on a zone lot, the owner of the lot shall
secure a sign and building permit prior to the con-
struction, placement, erection, or modification of
such a sign. Furthermore, the property owner shall
maintain in force, at all times, a permit for such sign.
No permit of any kind shall be issued for an existing
sign or proposed sign unless such sign is consistent
with the requirements of this chapter. (Ord. 1514
(part), 2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
18.65.040 Prohibited signs.
All signs not expressly permitted under this chap-
ter, or exempt from regulation, are prohibited in the
city. Such signs include, but are not limited to:
A. Portable signs;
B. Roof signs;
C. Revolving signs;
D. Beacons;
E. Flashing signs;
F. Pennants;
G. Stringed flags;
18.65.030--18.65.060
H. Inflatable signs and tethered balloons; (except
as permitted per Section 18.65.050.)
1. Signs located in public rights-of-way (except
for those permitted in Sections 18.65.06OC and
18.65.070(D)(4)). (Ord. 1514 (part), 2000: Ord. 1516
~ 1 (Exh. A) (part), 2000)
18.65.050 Permitted temporary and special
event signs.
Temporary and special event signs, such as ban-
ners, tethered balloons and inflatable signs, shall be
allowed only as follows:
A. Special event signs are permitted in the zones
described in Sections 18.65.070A and 18.65.070B.
B. Such signs shall be displayed for a consecutive
period not to exceed fifteen days, for a maximum of
thirty days per year with the exception of grand
opening banners which may be displayed for a period
not to exceed sixty days. Only one grand opening
banner shall be permitted for the life of a business. A
subsequent grand opening banner may be permitted
when business ownership has transferred to another
owner.
C. Such banners shall be consistent with the
standards of this chapter as to location, height, and
type.
D. Applicants for such banners must apply for,
and have approved, a temporary sign permit. (Ord.
1514 (part), 2000: Ord. 1516 ~ 1 (Exh. A) (part),
2000)
18.65.060 Signs exempt from permit
requirements.
The following signs shall be exempt from regula-
tion under this chapter:
A. Residential Zones (R-S, R-l, R-2, R-2a, R-3,
R-3a, R-4, R-MH). Temporary, nonilluminated, real
estate sale, and noncommercial speech signs that do
not exceed nine square feet in total area and, if
freestanding, five feet in height. No more than one
such sign per street frontage.
B. Commercial and Manufacturing Zones (R-O,
B-1, B-2, B-3, M-l, M-2, BP, PLI, HMU).
1. Window signs painted on the window or
affixed to the interior of a window provided that such
396-75
(Bozeman 1 J -01)
18.65.070
signs do not occupy more than twenty-five percent of
the area of the window in which it is displayed. If it
exceeds twenty-five percent of the area of the
window, it will be classified as a wall sign.
2. Signs within a structure or building or other
enclosed area of property when such signs are not
intended to be viewed from outside the structure or
property.
3. Four on-premises directional signs not exceed-
ing four square feet in area which shall not contain
any commercial messages.
C. All Zones.
1. Government and Public Utility Signs. Direc-
tional, warning, street, building identification, traffic
control, infonnational or temporary special event
signs that are erected, installed, or placed by or on
behalf of any federal, state, county, or city govern-
ment. Public utility signs showing locations of un-
derground facilities or public telephones, and safety
signs on construction sites. are included within this
exemption.
2. Incidental Signs. A sign, generally informa-
tional, that has a purpose secondary to the use of the
zone lot on which it is located, such as "no parking,"
"entrance," "loading only," and other similar
directives. No sign with a commercial message
which is designed with the intent to be legible from a
position off the zone lot on which the sign is located
shall be considered incidental. (Ord. 1514 (part),
2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
18.65.070 Signs pennitted upon the issuance of
a sign pennit.
The following on-premises signs are permitted in
the indicated zones subject to a sign permit:
A. Commercial, Manufacturing, and Public Land
Zones (B-2, B-3,M-l, M-2, BP, PLI. HMU). A lot in
a B-2 district is permitted total signage not to exceed
four hundred square feet. The maximum allowable
total signage in the other districts listed herein shall
not exceed two hundred fifty square feet per lot. A
comprehensive sign plan is required for all
commercial centers consisting of two or more tenant
spaces on a lot and shall be designed in accordance
with Section 18.65.080.
(Bozeman ll-{)l)
1. Freestanding Signs. One freestanding sign is
permitted per zoned lot. The maximum area for a
freestanding sign shall be thirty-two square feet. A
low profile freestanding sign shall be set back a
minimum of five feet with a maximum height of five
feet. A pole-style freestanding sign shall be set back
a minimum of fifteen feet with a maximum height of
thirteen feet. The pole-style sign will maintain at
least an eight feet minimum vertical clearance from
the ground.
2. Wall Signs. Wall signs are not to exceed a
total signage allowance of one and one-half square
feet per linear foot of building frontage minus any
area devoted to freestanding or projecting signs.
Canopy, window, and awning signs shall be classi-
fied as wall signs. Wall signs shall not project above
the top of a wall or parapet. Lots fronting on two or
more streets shall be permitted an additional thirty-
five percent of the already permitted wall sign area
for each subsequent building frontage.
3. Projecting Signs. One projecting sign per
tenant. Projecting signs shall not exceed eight square
feet in area nor extend more than four feet from the
building. Projecting signs shall provide a minimum
sidewalk clearance of eight feet.
B. Business and Office Zones (B-1, R-O). The
maximum allowable total signage for a lot shall not
exceed eighty square feet in a B-1 district, and thirty-
two square feet in a R-Q district. A comprehensive
sign plan is required for all commercial centers
consisting of two or more tenant spaces on a lot.
Such plans shall be designed in accordance with
Section 18.65.080.
1. LO,w-Profile Freestanding Signs. One low-
profile sign not to exceed thirty-two square feet in
area in the B-1 district, and twelve square feet in area
in the R-O district. In both the B-1 and the R-O
districts, the low-profile sign shall have a minimum
setback of five feet and a maximum height of five
feet. Pole-style freestanding signs are not permitted
in the B-1 and R-O zones.
2. Wall Signs. Wall signs in the B-1 district are
not to exceed a total signage allowance of one square
foot per linear foot of building frontage minus any
area devoted to freestanding or projecting signs. Wall
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signs in the R-O district are not to exceed a total
signage allowance of half of a square foot per linear
foot of building frontage minus any area devoted to
freestanding and/or projecting signs. Canopy,
window, and awning signs shall be classified as wall
signs. Wall signs shall not project above the top of a
wall or parapet. Lots fronting on two or more streets
shall be permitted an additional thirty-five percent of
the already permitted wall sign area for each
subsequent building frontage.
3. Projecting Signs. One projecting sign per
tenant. Projecting signs shall not exceed eight square
feet in area nor extend more than four feet from the
building. Projecting signs shall provide a minimum
sidewalk clearance of eight feet.
C. Residential and Agricultural Zones (R-S, R-l,
R-2, R-2a, R-3, R-3a, R-4, R-MH).
1. Subdivision Identification Signs. For residen-
tial subdivisions consisting of more than four resi-
dential units, one low-profile, freestanding, neigh-
borhood identification sign per development en-
trance. Each sign shall not exceed sixteen square feet
in area or five feet in height from the finished grade.
The sign must be setback at least five feet from the
property line.
2. Residential Building Identification Signs. For
properties used for multi-household residential build-
ings, one residential identification wall sign per street
frontage. Each sign shall not exceed eight square feet
in area.
3. Signs Appurtenant to Residential Principal and
Conditional Uses and Home Occupations.
a. Principal residential uses and home occ-
upations shall be permitted commercial message
signage not to exceed four square feet in area and
shall not be located in any required setback area. In
addition, home occupations shall be permitted one
square foot signs on a mailbox or lamp post or one
and one-half square feet of freestanding signage
located a minimum of five fee from the property line.
b. Principal residential uses shall be permitted
noncommercial speech signs which do not exceed
thirty square feet in area nor five feet in height. Such
sign(s) must be setback at least fifteen feet from the
property line.
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18.65.070
c. Conditional nonresidential type uses, such as
churches, veterinary uses, golf courses, day care
centers and schools shall be permitted signage as if
the underlying zoning were B-1. Conditional
residential type uses such as bed and breakfast
homes, and fraternity and sorority houses, shall be
permitted signage as if the underlying zoning were
R-O. Such signs may only be illuminated during the
hours of operation.
4. Planned Unit Developments. Commercial
establishments within planned unit developments
where the underlying zoning is residential or agri-
cultural shall be permitted signage as if the lot were
in a B-1 zone.
D. Special Districts and Zones. The guidelines for
the underlying zoning districts apply unless
otherwise addressed below.
1. Neighborhood Conservation Overlay District.
Within this district, all signage is subject to issuance
of a certificate of appropriateness. If the applicant is
not requesting sign deviations, the sign application
will be reviewed by ADR staff. If the applicant is
requesting deviations, the sign application shall be
subject to review by the design review board and the
city commission.
2. Entryway Overlay District. Signage may
exceed the underlying zoning district limitations by
up to twenty percent upon review and approval by
the city commission, upon the recommendation of
the design review board, and upon receipt of a
certificate of appropriateness.
3. Interchange Zone. Signage may exceed the
maximum total sign area permitted by Section
18.65.070 by up to twenty-five percent upon review
and approval by the city commission, upon the
recommendation of the design review board, and
upon receipt of a certificate of appropriateness. Each
lot shall be permitted one freestanding sign.
a. Low-Profile Signs. One low-profile sign per
zoned lot. The maximum area for a low-profile sign
shall be forty square feet. The sign shall be setback a
minimum of five feet with a maximum height of
eight feet.
b. Pole-Style Signs. A pole-style freestanding
sign shall be set back a minimum of fifteen feet and
396-77
(Bozeman 11 "01)
18.65.080--18.65.100
will maintain at least an eight feet minimum vertical
clearance. Pole-style signs shall not exceed a total
area of forty square feet or sixteen feet in height,
provided however, that for every two feet said sign is
set back from fifteen beyond the street right-of-way,
the height measured at grade may' be increased one
foot, not to exceed a total of thirty-two feet, and the
area may be increased by two and one-half square
feet for every two feet that said sign is set back
fifteen feet beyond the street right-of-way up to a
maximum of one hundred twenty square feet.
4. Main Street Historic District. Permits for signs
that encroach into the public right-of-way shall be
obtained from the city manager's office in City Hall.
(Ord. 1514 (part), 2000: Ord. 1516 ~ 1 (Exh. A)
(part), 2000)
18.65.080 Comprehensive sign plan.
A comprehensive sign plan shall be submitted for
all commercial, office, industrial, and civic uses
consisting of two or more tenant or occupant spaces
on a lot or two or more lots subject to a common
development permit or plan. A comprehensive sign
plan shall not be approved unless it is consistent with
this chapter, the underlying zoning regulations
applicable to the property and any discretionary
development permit or plan for the property. The
plan should include the size and location of buildings
and the size and location of existing and proposed
signs. The purpose of the plan is to coordinate
graphics and signs with building design. The
coordination shall be achieved by:
A. Using the same type of cabinet supports or
method of mounting for signs of the same type; using
the same type of construction for components, such
as sign copy, cabinet and supports; using other types
of integrating techniques, such as common color
elements, determined appropriate by the planning
director.
B. Using the same form of illumination for all
signs, or by using varied forms of illuminations
determined compatible by the planning director.
(Ord. 1514 (part), 2000: Ord. 1516 ~ 1 (Exh. A)
(part), 2000)
(Bozeman 11.01)
18.65.090 Multitenant complexes with less
than one hundred thousand square
feet of ground floor area.
The guidelines for the underlying zoning districts
apply unless otherwise addressed below:
The maximum permitted wall sign area allowed
for each tenant space shall be the percentage of the
total floor area on the zoned lot that the tenant
occupies multiplied by the wall area allowed by
Section 18.65.070(A)(2) or Section 18.65.07O(B)(2).
If the lot has more than one building frontage, the
individual tenant space may derive sign area only
from the frontage(s) which the space faces. Lots
under this section shall be allowed a low profile sign
that identifies the complex, which otherwise
conforms to this chapter, in addition to the sign area
already permitted under Section 18.65.070 (A)(2) or
Section 18.65.070(B)(2). (Ord. 1514 (part), 2000:
Ord. 1516 ~ 1 (Exh. A)(part), 2000)
-
18.65.100 Multitenant complexes with more
than one hundred thousand square
feet of ground floor area.
The guidelines for the underlying zoning districts
apply unless otherwise addressed below:
A. Freestanding Signs.
1. Pole-Style Signs. One pole-style sign per
street frontage not to exceed forty-eight square feet in
area or sixteen feet in height. The sign area computed
for a pole-style sign shall not be subtracted from the
maximum allowable wall signage permitted for the
entire complex.
2. Low-Profile Signs. One low-profile sign shall
be permitted at each secondary entrance of the com-
plex, provided each sign shall not exceed thirty-two
square feet in area, nor five feet in height, and must
be setback a minimum of five feet from the property
lines. All low-profile signs shall only identify the
complex and must display the street number address
in figures which are at least six inches high. Low-
profile signs complying with these regulations will
not be factored when calculating the maximum
permitted wall sign area.
B. Wall Signs. Each tenant shall be permitted
wall signage square footage calculated from one and
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396-78
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one-half times the linear store frontage. (Ord. 1514
(part), 2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
e
Indoor shopping mall complexes
with more than one hundred
thousand square feet of ground floor
area.
The guidelines for the underlying zoning districts
apply unless otherwise addressed below:
A. Freestanding Signs.
1. Pole-Style Signs. One pole-style sign per
street frontage not to exceed forty-eight square feet in
area or sixteen feet in height. The sign area computed
for a pole-style sign shall not be subtracted from the
maximum allowable wall signage permitted for the
entire complex.
2. Low-Profile Signs. One low-profile sign shall
be permitted at each secondary entrance of the com-
plex, provided each sign shall not exceed thirty-two
square feet in area, nor five feet in height, and must
be setback a minimum of five feet from the property
lines. All low-profile signs shall only identify the
complex and must display the street number address
in figures which are at least six inches high. Low-
profile signs complying with these regulations will
not be factored when calculating the maximum
permitted wall sign area.
B. Wall Signs. Each anchor tenant shall be per-
mitted three hundred square feet of wall signage.
Each tenant with an exclusive outdoor customer
entrance shall be permitted wall signage square
footage calculated from five percent of the ground
floor area. (Ord. 1514 (part), 2000: Ord. 1516 ~ 1
(Exh. A) (part), 2000)
18.65.110
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18.65.120 Illumination.
Illumination, if any, shall be provided by artificial
light which is constant in intensity and color. Inter-
nally illuminated "can signs" are acceptable provided
background and copy are coordinated to avoid
excessive light output. Neon and other gas type
transformers shall be limited to sixty milliamperes
and fluorescent transformers shall be limited to eight
hundred milliamperes to soften light output. Addi-
tionally, neon and other gas type signs with exposed
18.65.110---18.65.155
tubing shall be equipped with dimmers. (Ord. 1514
(part), 2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
18.65.130 Street vision triangles.
Signs shall not be placed in sight vision triangles
as they are defined in Section 18.50.080 of this title.
(Ord. 1514 (part), 2000: Ord. 1516 ~ 1 (Exh. A)
(part), 2000)
18.65.140 Required address signs.
Street numbers shall be required for all residential,
commercial, industrial, and civic uses in all zones,
consistent with the requirements of the city fire
department. All freestanding signs shall display the
address of the lot in six-inch numbers. (Ord. 1514
(part), 2000: Ord. 1516 ~ 1 (Exh. A)(part), 2000)
18.65.150 Billboards.
Off-premises commercial advertising signs are not
permitted within the Bozeman city limits except as
permitted by state, or federal, law. (Ord. 1514 (part),
2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
18.65.155 Signs erected in conjunction with
llOnaprofit activities on public
property.
Signs erected on public property in support of non-
profit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as
follows:
A. The sign(s) shall be permitted only at
developed facilities in public parks or other publicly
owned lands.
B. The sign(s) may be erected two weeks prior to
the commencement of the activity and shall be
removed within two weeks after the cessation of the
activity for which the sign(s) were erected.
C. Each individual sign shall be no larger than
thirty-two square feet. Freestanding signs must be
setback a minimum of fifteen feet from the property
line with a maximum height of five feet. Signs
attached to walls or scoreboards shall not be subject
to the five foot height limitation. However, signs
attached to walls or scoreboards shall not exceed the
height of the wall or scoreboard to which they are
396-79
(Bozeman ll..o 1)
18.65.160-18.65.190
attached. All signs shall be oriented towards
spectators attending the activity who are at the
facility.
D. The sign(s) shall not:
1. Advertise alcoholic beverages or tobacco
products;
2. Be individually illuminated; nor
3. Be placed in sight vision triangles or otherwise
impede or obstruct the view of the traveling public.
E. Applicants for such sign(s) must apply for,
and have approved, a special temporary sign permit
detailing the nature of the sign(s) to be erected and
the duration the sign(s) will remain in place.
Applications and review procedures shall be made
per Section 18.50.140. (Ord. 1514 (part), 2000: Ord.
1516 ~ 1 (Exh. A) (part), 2000)
18.65.160 Historic or culturally significant
signs.
Signs which have historical or cultural signifi-
cance to the city but do not conform to the provisions
of this chapter, 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 shall be adopted
by resolution of the city commission and the design
reviewboard.(Ord.1514(part),2000:0rd.1516~ 1
(Exh. A) (part), 2000)
18.65.170 Application.
An application for a sign shall be made on forms
provided by the planning office. The application shall
contain sufficient information and plans to permit
review pursuant to this chapter, including but not
limited to: building elevations; photographs;
proposed locations of signs on building elevations;
sign design layout showing number, types, and
dimensions of all signs, and a site plan showing
proposed location of all signs. An applicant may
appeal the denial of permit request pursuant to the
provisions of Chapter 18.58. (Ord. 1514 (part), 2000:
Ord. 1516 ~ 1 (Exh. A) (part), 2000)
(Bozeman 11.011
18.65.180 Maintenance of permitted signs.
All signs shall be continuously maintained in a
state of security, safety and repair. If any sign is
found not to be so maintained or is in need of repair,
it shall be the duty of the owner and the occupant of
the premises to repair or remove the sign within ten
days after receiving written notice to do so from the
planning director. If the sign is not so repaired or
removed within such time, the planning director shall
cause the sign to be removed at the expense of the
owner of the premises. (Ord. 1514 (part), 2000: Ord.
1516 ~ 1 (Exh. A) (part), 2000)
-
18.65.190 Nonconforming signs.
A. The eventual elimination of existing signs that
are not in conformity with the provisions of this
chapter is as important as the regulation of new signs.
Except as otherwise provided herein, the owner of
any zone lot or other premises on which exists a sign
that does not conform with the requirements of this
chapter and for which there is no prior, valid sign
permit shall remove such sign.
B. All signs which were legally permitted prior to
June 22, 1997, are considered legal, permitted signs
under this chapter. Except as provided for in
subsection C of this section, said sign, if noncon-
forming with this chapter, may not be:
1. Replaced except with a conforming sign;
2. Changed in copy (except for signs specifically
designed to be changed in copy);
3. Structurally altered to extend its useful life;
4. Expanded, moved, or relocated.
C. No legal, nonconforming sign may be altered
or enlarg~ in any way which increases its noncon-
formity, but any existing signage, or portions thereof,
may be altered by decreasing its nonconformity
(except as provided in subsection D of this section).
D. Any lot with a nonconforming sign may not
add additional signage until all signs on the lot are
brought into conformance with this chapter. Any site
modification that requires a certificate of appropri-
ateness, site plan review or reuse application will
necessitate compliance for all existing and proposed
signage on the lot. (Ord. 1514 (part), 2000: Ord. 1516
~ 1 (Exh. A) (part), 2000)
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18.65.200
18.65.200 Violation.
A. Upon discovery of any violation of this chap-
ter, city officials authorized to enforce this chapter
shall notify in writing the owner or lessee of such
violation, who shall be required to correct the viola-
tion within the time specified on the written notice.
B. Failure to comply with this chapter after being
duly notified shall result in any or all of the following
actions by the zoning officer or any authorized city
official on behalf of the city:
1. Maintain a civil action to prevent an unlawful
sign use from occurring, to prevent its continuance or
to restrain, correct, or abate any violation of this
chapter;
2. Directly issue and/or submit to the proper
court for filing and processing an appropriate com-
plaint charging an ordinance violation.
C. Any person owning, leasing, erecting, or
controlling any sign in violation of the provisions of
this chapter shall be guilty of a misdemeanor. Each
day that the violation exists shall constitute a separate
offense. (Ord. 1514 (part), 2000: Ord. 1516 ~ 1 (Exh.
A) (part), 2000)
396-81
(Bozeman 11-{)1)
18.70.010--18.70.020
Chapter 18.70
VIOLATION, PENALTIES AND
SEPARABILITY
Sections:
18.70.010
Complaints of alleged violations-
Filing and recording.
Violation-Penalty-Assisting or
abetting-Additional remedies.
18.70.020
18.70.010 Complaints of alleged violations-
Filing and recording.
Whenever a violation of this title occurs or is
alleged to have occurred, any person may file a
written complaint. Such complaint stating fully the
causes and basis thereof, shall be filed with the
planning director. He shall record properly such
complaint and immediately investigate and take
action thereon as provided by this title. (Ord. 1514
(part), 2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
18.70.020 Violation-Penalty-Assisting or
abetting-Additional remedies.
A. Violation of the provisions of this title or
failure to comply with any of its requirements in-
cluding violations of conditions and safeguards
established in connection with the grant of variances
or conditional uses or any of the requirements for
conditions imposed by the development review
committee, design review board and/or city commis-
sion shall constitute a misdemeanor. Any person who
violates this title or fails to comply with any of its
requirements shall upon conviction thereof be fined
not more than five hundred dollars or imprisoned not
more than thirty days, or both, and in addition shall
pay all costs and expenses involved in the case. Each
day such violation continues shall be considered a
separate offense and punishable as such.
B. The code compliance officer is authorized to
issue a notice to appear under the provisions ofMCA
46-6-310 to any violator of this title.
C. The owner or tenant of any building, structure,
premises, or part thereof, and any architect, builder,
contractor, agent or other person who commits,
(Bozeman 11-01)
participates in, assists or maintains, such violation
may each be found guilty of a separate offense and
suffer the penalties herein provided.
D. Nothing herein contained shall prevent the city
from taking such other lawful action as is necessary
to prevent or remedy any violation. (Ord. 1514 (part),
2000: Ord. 1516 ~ 1 (Exh. A) (part), 2000)
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396-82
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