HomeMy WebLinkAboutChapter_02 General Provisions
Title 18
CHAPTER 02
GENERAL PROVISIONS
18.02.010 CITATION
This title shall be known and cited as the Unified Development Ordinance of the City of Bozeman, except
when cited herein, where it shall be referred to as “this title.”
18.02.020 AUTHORITY
This title is adopted by authority of §76-2-301 et seq., §76-3-101 et seq. and §7-3-701 et seq., MCA.
Additional City authority is granted by various other sections of state law and the authority granted by those
sections is incorporated as if set forth herein.
18.02.030 JURISDICTIONAL AREA AND APPLICATION
These regulations govern the division, development and use of land within the limits of the City of Bozeman
and lands proposed for annexation to the City of Bozeman. These regulations shall apply to all private and public
lands, all uses thereon, and all structures and buildings over which the City has jurisdiction under the constitution
and laws of the State of Montana or pursuant to the City’s powers.
18.02.040 INTENT AND PURPOSE OF ORDINANCE
A. The intent of this unified development ordinance is to protect the public health, safety and general
welfare; to recognize and balance the various rights and responsibilities relating to land ownership, use,
and development identified in the United States and State of Montana constitutions, and statutory and
common law; to implement the City’s adopted growth policy; and to meet the requirements of state
law.
B. It is the purpose of these regulations to promote the public health, safety and general welfare by
preventing the creation of private or public nuisances caused by non-compliance with the standards and
procedures of this title; regulating the subdivision, development and use of land; to prevent the
overcrowding of land; to lessen congestion in the streets and highways; to provide adequate light, air,
water supply, sewage disposal, parks and recreation areas, ingress and egress, and other public
improvements; to require development in harmony with the natural environment; to promote
preservation of open space; to promote development approaches that minimize costs to local citizens
and that promote the effective and efficient provision of public services; to protect the rights of
property owners; to require uniform monumentation of land subdivisions and transferring interests in
real property by reference to a plat or certificate of survey; secure safety from fire, panic and other
dangers; to avoid undue concentration of population; to facilitate the adequate provision of
transportation, water, sewerage, schools and other public requirements; to give reasonable
consideration in the review of development proposals to the character of the district and its peculiar
suitability for particular uses; to conserve the value of buildings; and to encourage the most appropriate
use of land throughout the municipality. (§76-2-304 and §76-3-102, MCA).
C. Further, to support the purposes of §76-2-304 and §76-3-102, MCA, these regulations are intended to
promote and to provide for the:
1. Orderly development of the City;
2. Coordination of streets within subdivided land with other streets and roads, both existing and
planned;
3. Dedication of land for streets and roadways and for public utility easements;
9/2006
XVIII-02 p1
4. Improvement of streets;
5. Adequate open spaces for travel, light, air and recreation;
6. Adequate transportation, water, drainage and sanitary facilities;
7. Avoidance or minimization of congestion;
8. Avoidance of unnecessary environmental degradation;
9. Encouragement of subdivision development in harmony with the natural environment;
10. Avoidance of danger or injury to health, safety or general welfare by reason of natural hazard or
the lack of water, sewer, drainage, access, transportation or other public services;
11. Avoidance of excessive expenditure of public funds for the provision of public services;
12. Manner and form of making and filing of plats for subdivided lands;
13. Administration of these regulations, by defining the powers and the duties of approving
authorities, including procedures for the review and approval of all subdivision plats;
14. Division of the City into districts with uniformly applicable standards for development within
each district;
15. To establish standards for the development and use of land;
16. To establish procedures for the review and approval for the development and use of land; and
17. The establishment of all other requirements necessary to meet the purposes of this title.
D. Pursuant to §76-2-304, §76-1-605 and §76-1-606, MCA, these regulations are also intended to
implement the goals and objectives of the Bozeman 2020 Community Plan, a growth policy for the
City of Bozeman. In the case of a difference of meaning or implication between this title and the City’s
adopted growth policy, the growth policy shall control.
18.02.050 INTERPRETATION AS MINIMUM REQUIREMENTS
A. In their interpretation and application, the provisions of this title shall be held to be minimum
requirements adopted for the promotion of the health, safety and general welfare of the community. In
some instances the public interest will be best served when such minimums are exceeded. Wherever the
requirements of this title are at variance with the requirements of any other lawfully adopted rules or
regulations, or wherever there is an internal conflict within this title, the most restrictive requirements,
or that imposing the higher standards, shall govern.
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.
C. When interpreting the meaning of this title, subsections of the ordinance shall be construed in a manner
that will give effect to them all as the ordinance derives its meaning from the entire body of text taken
together.
D. These regulations shall apply uniformly within each zoning district to each class or kind of structure,
land or development as set forth in this title.
18.02.060 DONATIONS OR GRANTS TO PUBLIC CONSIDERED A GRANT TO DONEE
Every donation or grant to the public or to any person, society or corporation marked or noted on a plat or
plan is to be considered a grant to the donee.
18.02.070 CONDITIONS OF APPROVAL
A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions to
land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated by the
State of Montana to the City. Persons undertaking the subdivision, development or use of land have the
duty of complying with reasonable conditions for design, dedication, improvement and restrictive use
of the land so as to conform to the physical and economic development of the City, and to the safety
and general welfare of the future lot owners and of the community at large. Such conditions may
require compliance with more than the minimum standards established by this title.
B. Conditions of approval may not be added after final action to grant preliminary approval to a proposed
subdivision or other development unless:
9/2006
XVIII-02 p2
1. The conditions are necessary to correct inaccurate or incomplete information provided with an
application, which error is discovered after the original approval action; and
2. The project is not completed within the time period provided in the approval or by this title.
However, should the owner seek material modifications (e.g. changes to the intent, nature, or scope of a
subdivision or development, or necessary improvements) to a previously approved subdivision,
development or condition of approval, the entire application shall be considered to be again opened for
review and additional conditions may be applied. Modifications of conditions of approval shall be
reviewed through the same process as the original application. Final action includes the resolution of
any appeals. The provisions of §18.06.040.D.7 may also apply to revisions of conditions for
preliminary plats.
C. Mandatory compliance with the explicit terms of this title does not constitute conditions of approval
and is not affected by the limitations of subsection B of this section.
18.02.080 COMPLIANCE WITH REGULATIONS REQUIRED
A. No land shall hereafter be subdivided, used or occupied, and no building, structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development
shall commence unless it is in conformity with all of the regulations herein specified for the district in
which it is located.
B. To the extent reasonable, all City-owned land shall be subject to applicable regulations of the
underlying zoning district. Development of such land shall be subject to approval by the City
Commission upon review of the development review committee and other review bodies as may be
required by this title.
18.02.090 DEVELOPMENTS THAT LIE WITHIN MULTIPLE JURISDICTIONS
If a proposed development lies partly within the City of Bozeman and partly within unincorporated Gallatin
County, the proposed development must be submitted to and approved by both the City and Gallatin County.
18.02.100 PRIVATE RESTRICTIONS
This title is not intended to affect any existing private agreement or condition such as a deed restriction or
covenant. If any provision of this title is more restrictive or imposes a higher standard than any such private
restriction, the requirements of this title shall control. Where the provisions of any private restriction are more
restrictive or impose higher standards than the provisions of this title, the City has no duty to enforce such private
restrictions or advise of their existence. The City may enforce a private restriction if the City is a party to such
covenant or restriction, if such restriction was required by the City, or if it was relied upon by the City during the
land development process in order to meet the requirements of this title or another required standard. The City
may prohibit private restrictions that violate matters of law. Covenants are subject to the requirements of
§18.72.030, BMC.
18.02.110 SEVERABILITY
Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment shall
affect only that part held invalid and such decision shall not affect, impair or nullify this title as a whole or any
other part thereof. Insofar as these regulations are more restrictive than any other local law, these regulations shall
be controlling, and if any other law is more restrictive, the higher standard shall take precedence over a standard
set forth in these regulations.
9/2006
XVIII-02 p3