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ORDINANCE 2124
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING BOZEMAN MUNICIPAL CODE SECTION 38.200.010 REVIEW AUTHORITY, 38.200.100 BUILDING PERMIT REQUIREMENTS, 38.200.140 FEE SCHEDULE, 38.200.160 VIOLATION; PENALTY; ASSISTING OR
ABETTING; ADDITIONAL REMEDIES, 38.210.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA, 38.220.410 CONTENTS OF NOTICE, 38.220.420 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING, 38.230.030 SPECIAL DEVELOPMENT PROPOSALS ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA, 38.230.090 PLAN REVIEW PROCEDURES, 38.230.010 INTRODUCTION, 38.230.110 CONDITIONAL USE PERMIT, 38.230.120 SPECIAL USE PERMIT, 38.250.070 ZONING VARIANCES, 38.250.100 REASONABLE ACCOMMODATION, 38.280.010 NONCONFORMING USES, 38.280.020 CHANGES TO OR EXPANSIONS OF NONCONFORMING USES, 38.280.040 NONCONFORMING STRUCTURES, 38.300.110 COMMERCIAL AND MIXED-USE ZONING DISTRICTS INTENT AND PURPOSE, DIVISION 38.310 PERMITTED USES, SECTION 38.340.040 CERTIFICATE OF APPROPRIATENESS, 38.350.030 USE OF LANDS, BUILDINGS AND STRUCTURES, 38.360.010 PURPOSE, 38.360.230 STABLE, COMMERCIAL, 38.370.020 SPECIAL SUBMITTAL REQUIREMENTS, 38.370.030 USES WITHIN DISTRICTS AND REQUIRED REVIEW PROCEDURES, 38.370.040 STANDARDS, 38.540.020 STALL, AISLE AND DRIVEWAY DESIGN, 38.560.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT, 38.570.110 NONCONFORMING LIGHTING, 38.700.040 C DEFINITIONS, 38.700.150 P DEFINITIONS, AND PROVIDING AN EFFECTIVE DATE, APPLICATION 22258.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Bozeman Zoning Commission held a public hearing on September 19, 2022 to receive and
review all written and oral testimony on the proposed amendments; and
WHEREAS, the Community Development Board acting in their capacity as the
Bozeman Zoning Commission recommended to the Bozeman City Commission that Ordinance
2124, be ____________________ as proposed; and
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WHEREAS, after proper notice, the City Commission held its public hearing on
_______________________, 2022, to receive and review all written and oral testimony on the
proposed amendment to the subdivision regulations; and
WHEREAS, the City Commission has reviewed and considered the applicable
amendment criteria established in Montana Code Annotated § 76-2-304, and found that the
proposed amendments are in compliance with the criteria; and
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana that:
SECTION 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City has adopted land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Montana Code Annotated §§ 76-1-102, 76-2-304, 76-3-102, and 76-3-501.
2. The City adopted a growth policy, the Bozeman Community Plan 2020 (BCP 2020), by
Resolution 5133 to establish policies for development of the community.
3. The city commission identifies affordable housing as one of its main strategic goals:
“Housing and Transportation Choices - Vigorously encourage, through a wide variety of
actions, the development of sustainable and lasting housing options for under-served
individuals and families and improve mobility options that accommodate all travel modes.”
4. The Community Housing Needs Assessment (February 2019) was completed to help the
city identify, understand and address the housing challenges and problems faced by local
residents and employees in the city.
5. The Bozeman Community Housing Action Plan was approved by city commission on
November 18th, 2019, and amended on January 13, 2020. The Action Plan outlines a
partnership framework to address affordable housing (also called community housing) in
Bozeman over a five-year period and recommends edits to this chapter.
6. The City retained Clarion and sub consultants to review the City’s land use regulations
with a lens of affordability and Clarion provided a report with recommendations of possible
changes including increasing administrative review of development proposals.
7. A staff report analyzing the required criteria for an amendment to the City’s regulations for
zoning review, including the amendment’s accordance with the BCP 2020, and has found that the required criteria of Montana Code Annotated § 76-1-304 are satisfied.
8. The necessary public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the applicable materials and provide
comment.
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9. The Community Development Board acting in its capacity as the municipal Zoning
Commission considered the application materials, staff analysis and report, all submitted
public comment, and all other relevant information.
10. The City Commission considered the application materials, staff analysis and report, recommendation of the Community Development Board acting in their capacity as the municipal Zoning Commission and Planning Board, all submitted public comment, and all
other relevant information.
11. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of the decision, the required criteria for approval of this ordinance are satisfied.
12. The City Commission determines that the ordinance provides a proper balance of interests,
rights, and responsibilities of all parties affected by the ordinance.
Section 2 That Paragraph 38.200.010.A, of the Bozeman Municipal Code be amended as follows:
A. The city commission has the authority to review and require revisions to all development
proposals subject to this chapter, and delegates that authority in certain circumstances as set
forth below. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and
other facilities; to conserve the value of adjoining buildings and/or property; to protect the
character of the city; to protect the right of use of property; advance the purposes and
standards of this chapter and the adopted growth policy; and to ensure that the applicable
regulations of the city are upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this
chapter;
b. Amendments to the text of this chapter or amendment to the zoning map including
planned development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for
development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two
years;
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e. Appeals from administrative interpretations and final project review decisions;
f. Approval of preliminary park master plans when associated with a development
for which the city commission is the review authority;
g. Large scale retail per section 38.360.160;
h. More than two deviations or where deviation is for more than 20 percent of standard.
i. Conditional use permits when no board of adjustment is established;
2. The city commission conducts public hearing for applications under 76-2-402, MCA.
SECTION 3
Section 38.200.100 Building permit requirements of the Bozeman Municipal Code be amended
as follows:
Sec. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no land use may be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to
conditional approval by the appropriate review authority and the issuance of a building permit, provided such activity does not include excavation for foundations or the removal of mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site disturbance
must be in conformance with an approved stormwater control plan. No excavation of foundations or setting of forms can commence until final site or sketch plan approval has been granted and until building permits have been issued. Proceeding prior to building permit issuance is at the hazard of the landowner.
a. Exception: The issuance of building permits may be allowed prior to completion
of infrastructure improvements, pursuant to the provisions established in division 38.270.
2. Building permit. Within the limits of the city, building permits must be obtained as provided by section 10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, conditional
special use permit (hereinafter referred to as "plan"), and after any appeals have been resolved, a building permit for the site may be requested and may be granted, provided such building permit is granted within one year of plan approval. Prior to lapse of one year, the applicant may seek an extension as allowed in divisions 38.230.
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SECTION 4
Section 38.200.140, Fee Schedule of the Bozeman Municipal Code be amended as follows:
Sec. 38.200.140. Fee schedule.
A. The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the
community development director and may be altered or amended only by the city commission.
B. No subdivision, or zoning permit allowed by this chapter, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance may be issued unless or until such costs, charges, fees or expenses have been paid in full,
nor may any action be taken on proceedings before any advisory body or review authority the administrative design review staff, development review committee, the design review board, the zoning commission, the planning board or the city commission until fees have been paid in full.
SECTION 5
Paragraph 38.200.160.A of the Bozeman Municipal Code be amended as follows:
A. Violation of the provisions of this chapter or failure to comply with any of its requirements including violations of conditions of approval and safeguards established in connection with the grant of variances or conditional uses or any of the required conditions imposed by the
review authority is a misdemeanor. Any person who violates this chapter or fails to comply
with any of its requirements may upon conviction thereof be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in accordance with section 1.01.210, and in addition must pay all costs and expenses involved in the case except as stated in subsection D of this section.
1. Each day such violation continues is a separate offense and punishable as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in violation of any provision of these regulations or the Montana Subdivision and Platting Act is a separate and distinct offense.
SECTION 6
Paragraph 38.210.010.A of the Bozeman Municipal Code be amended as follows:
A. Purpose. The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and, if established, wetlands review board (WRB), is to coordinate, expedite and ensure fair and equitable implementation of this
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chapter. The objective, to be implemented through their procedures and deliberations, is to
encourage development quality that will enhance both the natural and built environments,
with consideration to present and future property values, and to carry out the purposes of this chapter. All bodies authorized or referenced under this division 38.210 may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility.
1. DRC. The DRC evaluates all proposals subject to the provisions of this chapter. The
DRC is the body charged with reviewing items relating to public health and safety. The DRC acts as an advisory body to the review authority established by section 38.200.010 for site plans, conditional use permits, planned unit developments, divisions of land, zone map amendments, annexations and other actions as requested
by review authority.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR may review development applications subject to design review for zoning amendments, or applications for moving, demolition or any other kind of permit.
4. WRB. The WRB, if established, has the duties and responsibilities established by
section 2.05.2900.
5. BOA. The BOA, if established, has the duties and responsibilities established by section 2.05.2810.
SECTION 7
Paragraph 38.220.410.B of the Bozeman Municipal Code be amended as follows:
B. Mailed and posted notices required for applications specific to individual sites site plans,
master site plans, certificates of appropriateness, special use permits, conditional use
permits, planned unit developments, deviations, variances and subdivisions must also
include a map of the area of the development so as to indicate its general location and
proximity to surrounding properties.
SECTION 8
Table 38.220.420, Minimum standards for timing, location of noticing area and type of notice of
the Bozeman Municipal Code be amended as follows:
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
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Zone Map Amendment - rezoning or with
annexation
200 Newspaper, post on-
site, mail 1st class
Zone Map Amendment - Resulting from ordinance changes None Newspaper
Variance - Floodplain and zoning 200 Newspaper, post on-site, mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-site
Deviation 200 Newspaper, post on-site, mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-
site, mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further development None None
Sketch plans for adding dwellings in the
neighborhood conservation overlay district,
demolition of historic structures as defined in article 7 of this chapter, or modification of wetlands.
None Post on-site
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st class
Preliminary Planned Unit Development 200 Newspaper, post on-site, mail 1st class
Conditional Use Permit / Special Use Permit 200 Newspaper, post on-
site, mail 1st class
Floodplain permit 200 Newspaper, mail 1st class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA including subdivision or other variances 200 Post on-site, mail 1st class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-site, certified mail to adjacent owners, mail
1st class all others
Notice of violation per 38.200.160 None Certified mail to landowner
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SECTION 10
Section 38.230.010 Introduction of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.010. Introduction.
A. All non-subdivision development proposals within the city will be subject to plan review
and approval except repair, maintenance, grading below the minimum defined limits of this
chapter, and interior remodeling, or other items specifically exempted in this chapter.
Depending on the complexity of development and status of proposed use in the applicable
zoning district, either sketch plans, site plans, master site plans, or special use permits, or
conditional use permits (referred to herein as a "plan") will be required as specified in this
division 38.230. Although work may be exempt from zoning review it may require review
for other permits before construction may begin.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other
information to be submitted in conjunction with plans and are subject to requirements
specific to the type of proposal. These additional submittal requirements and review
procedures are outlined in section 38.230.030.
C. When a development is proposed within a neighborhood conservation overlay district or
historic district, or proposes signs which do not specifically conform to the requirements of
this chapter, design review is required in conjunction with plan review per the authority in
section 38.210.010. In such cases, additional submittal requirements and review procedures
apply as outlined in section 38.220.090.
D. Conditional uses. Certain uses, while generally not suitable in a particular zoning district,
may, under certain circumstances, be acceptable. When such circumstances can be
demonstrated by the applicant to exist, a conditional use permit may be granted by the
review authority. Conditions may be applied to the issuance of the permit and periodic
review may be required. No conditional use permit must be granted for a use which is not
specifically designated as a conditional use in this chapter.
D E. Approval will be granted for a particular use and not for a particular person or firm.
E F. This division 38.230 is provided to meet the purposes of section 38.100.040 and all other
relevant portions of this chapter.
F G. Applications subject to this division 38.230 are reviewed under the authority established by
division 38.200 of this chapter.
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SECTION 11
Paragraph 38.230.030.B of the Bozeman Municipal Code be amended as follows:
B. Review procedures and review criteria. Additional review procedures and review criteria for
specific development proposals are defined in the following sections and divisions of this
chapter:
1. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.110, Conditional use;
2 3. Section 38.230.120, Special use permit;
3 4. Division 38.360, Standards for Specific Uses;
4 5. Division 38.370, Telecommunications;
5 6. Division 38.600, Floodplain Regulations; and
6 7. Division 38.250, Appeals, Deviations and Variance Procedures.
SECTION 12
Paragraph 38.230.090.E.2 of the Bozeman Municipal Code be amended as follows:
2. Plan with deviations or variances or conditional use permits. The review authority must
provide an opportunity for the public to comment upon a proposed plan. The notice
must comply with the requirements of division 38.220 of this chapter.
a. The review authority, after receiving the recommendations of the advisory bodies
and considering any public comment must act to approve, approve with conditions
or deny an application. The decision must be in writing and must include any
special conditions which are to be applied to the development.
SECTION 13
Section 38.230.110 Conditional Use Permit of the Bozeman Municipal Code be repealed in its
entirety and the section reserved.
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SECTION 14
Section 38.230.120 – Special use permit of the Bozeman Municipal Code be amended as
follows:
A. The person applying for a special use permit must fill out and submit to the community
development department the appropriate form with the required fee. The request for a
special use permit must follow the procedures and application requirements of this division
38.230.
B. The review authority, in approving a special use permit, must review the application against
the review requirements of section 38.230.100.
C. In addition to the review criteria of section 38.230.100, the review authority must, in
approving a special use permit, determine favorably that applications meet the review
criteria set forth for conditional use permits as set forth in subsections 38.230.110.E through
I.
C. In addition to the review criteria of section 38.230.100, the review authority must, in
approving a special use permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate
such use, and all setbacks, spaces, walls and fences, parking, loading and landscaping
are adequate to properly relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property.
Persons objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect
the public health, safety and general welfare. Such conditions may include, but are not
limited to:
a. Special setbacks, screening, and buffers;
b. Special fences, solid fences, and walls;
c. Surfacing of parking areas and stormwater controls;
d. Regulation of noise, vibrations, lighting, and odors;
e. Regulation of hours for certain activities;
f. Time period within which the proposed use must be developed;
g. Location of use;
h. Duration of use; and
i. Other such conditions as will make possible the development of the city in an
orderly and efficient manner.
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D. In addition to all other conditions, the following general requirements apply to every special
use permit granted:
1. The right to a use and occupancy permit is contingent upon the fulfillment of all
general and special conditions imposed by the special use permit procedure; and
2. All of the conditions constitute restrictions running with the land use, apply and must
be adhered to by the owner of the land, successors or assigns, are binding upon the
owner of the land, their successors or assigns, must be consented to in writing, and
must be recorded as such with the county clerk and recorder's office by the property
owner prior to the issuance of any building permits, final plan approval or
commencement of the conditional use.
E. Applications for special use permits may be approved, conditionally approved or denied by
the review authority. If an application is denied, the denial constitutes a determination that
the applicant has not shown that the conditions required for approval do exist.
F. If the special use permit has been approvedgranted, the permit will be issued upon the
signature of the review authority after completion of all conditions and final plan.
G. Termination/revocation of special use permit approval.
1. Special use permits are approved based on an analysis of current local circumstances
and regulatory requirements. Over time these things may change and the use may no
longer be appropriate to a location. A special use permit will be considered as
terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the
site for a period of two continuous calendar years;
b. Final zoning approval to reuse the property for another use is granted;
c. The use or development of the site is not begun within the time limits of the final
plan approval in section 38.230.140.
2. A special use which has terminated may be reestablished on a site by either, the review
and approval of a new special use permit application, or a determination by the
community development director that the local circumstances and regulatory
requirements are essentially the same as at the time of the original approval. A denial
of renewal by the review authority may not be appealed. If the review authority
determines that the special use permit may be renewed on a site then any conditions of
approval of the original special use permit are also renewed.
3. If activity begins for which a special use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the city may revoke the approval through the
procedures outlined in section 38.200.160.
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SECTION 15
Paragraph 38.250.070.D of the Bozeman Municipal Code be amended as follows:
D. Authorization and limitations on approval.
1. The review authority may, after public notice, opportunity for public comment, and
consideration of the application, deny, approve or conditionally approve all requests
for variances meeting all the criteria of this section, including:
a. Requests to modify dimensional or other numerical requirements of this chapter;
b. Requests for multiple variances;
c. Requests to modify flood hazard district requirements subject to the provisions of
article 6 of this chapter, except that no variance may be granted to allow
construction of buildings within the floodway of a 100-year frequency flood as
defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.);
and
d. Requests for variances in conjunction with conditional use permits. Approvals of
all such variances must be conditioned upon review authority approval of the
conditional use permit.
2. The scope and extent of the variance must be limited to the minimum relief necessary
to provide reasonable use of the property.
3. In no case may the review authority grant variances to allow uses not already permitted
pursuant to this chapter or alter administrative requirements of this chapter. Permission
to change uses allowed on a parcel may be sought through a zone map amendment, or
an amendment to the text of the applicable zoning district.
4. Notifications of approval for variances related to flood hazard requirements of article 6
of this chapter must notify the applicant that:
a. The issuance of a variance to construct a building below the 100-year floodplain
elevation will result in increased premium rates; and
b. Such construction below the 100-year flood elevation increases risks to life and
property.
SECTION 16
Paragraph 38.250.100.B of the Bozeman Municipal Code be amended as follows:
B. Procedure.
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1. Application. A request for reasonable accommodation must be submitted on an
application form provided by the community development department or in the form of
a letter to the community development director, and must contain the following
information:
a. The applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Authorization from the owner of the subject property for the applicant to request
the reasonable accommodation;
d. The current actual use of the property;
e. The basis for the claim as follows:
(1) That the individual or group of individuals is considered physically or
mentally disabled or handicapped under the applicable non-discrimination
laws, including identification and description of the disability or handicap
which is the basis for the request for accommodation and current, written
medical certification and description of disability or handicap and its effects
on the person's medical, physical or mental limitations; or
(2) That the individual or group of individuals is a protected class based on race,
color, religion, sex, creed, familial status, marital status, age, or national
origin, as defined under the applicable non-discrimination laws, including
identification and description of the protected class which is the basis of the
request for accommodation.
f. The code provision, regulation, procedure and/or policy from which reasonable
accommodation is being requested;
g. The type and extent of reasonable accommodation sought;
h. The reason(s) why the accommodation is reasonable and necessary for the needs
of the individual(s), including a summary of any potential alternatives contained
in this chapter considered in requesting the accommodation and why other
alternatives contained in this chapter are not feasible;
i. Copies of memoranda, correspondence, pictures, plans or background information
reasonably necessary to reach a decision regarding the need for the
accommodation; and
j. Other supportive information deemed necessary by the department to facilitate
proper consideration of the request, consistent with applicable non-discrimination
laws.
2. Review with other land use applications. If the project for which the request for
reasonable accommodation is being made also requires some other discretionary
approval (including conditional use permit, etc.), then the applicant must file the
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information required by subsection 1 of this section for concurrent review of the
request for reasonable accommodation with the application for discretionary approval.
3. Review authority.
a. Community development director. A request for reasonable accommodation must
be reviewed by the community development director if no approval is sought
other than the request for reasonable accommodation. No fee may be charged for
the review of such a request for reasonable accommodation.
b. Other review authority. A request for reasonable accommodation submitted for
concurrent review with another discretionary land use application must be
reviewed by the authority responsible for the discretionary land use application.
No fee in addition to that charged for the other discretionary land use application
may be charged for the review of such a request for reasonable accommodation.
4. Review.
a. Community development director. The director must make a written
determination within 20 calendar days of the application being deemed complete
and either grant, grant with conditions, or deny a request for reasonable
accommodation. If necessary to reach a determination on the request for
reasonable accommodation, the director may request further information from the
applicant consistent with applicable non-discrimination laws, specifying in detail
the information that is required. In the event that a request for additional
information is made, the 20-day period to issue a decision must be stayed until the
applicant responds to the request.
b. Other review authority. The written determination on whether to grant or deny the
request for reasonable accommodation must be made by the authority responsible
for the discretionary land use application in compliance with the applicable
review procedure for the discretionary review.
5. Notice.
a. Community development director. No advance notice or public hearing is
required for consideration of reasonable accommodation requests by the
community development director.
b. Other review authority. Requests for reasonable accommodation subject to review
by other review authorities require public notice and a public review process
pursuant to the requirements for the other discretionary land use application that is
the subject of the review, including all public notice provisions pursuant to section
38.220.420.
6. Balancing rights and requirements. In reviewing applications for requests for
reasonable accommodation, the city must balance:
a. The privacy rights and reasonable request of an applicant for confidentiality; with
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b. The land use requirements for notice and public hearing, factual findings and
rights to appeal, in the city's requests for information, considering an application,
preparing written findings and maintaining records for a request for reasonable
accommodation.
c. Any document identifying the disability or medical condition of any specific
person must be treated as confidential and is subject to disclosure by the city for
any reason, including for compliance with the Open Records Act, unless ordered
to do so by a court of competent jurisdiction and notice is given to the person who
provided the document to the city. Specifically, any medical records regardless of
source, including statements of medical providers, must not be disclosed. For any
other type of document, such as an application or determination, the document
may be subject to disclosure, but only after the nature or description of the
person's disability or medical condition is redacted by the city. A statement
regarding the city's handling of information subject to this provision must be
printed on the city's reasonable accommodation application form, posted on the
city's website, and printed at the bottom of any written document issued by the
city determining a reasonable accommodation application.
SECTION 17
Paragraph 38.280.010.B of the Bozeman Municipal Code be amended as follows:
B. Except as otherwise specified in this division, the right to operate and maintain a
nonconforming use must terminate when the structure or structures housing such use are
destroyed by any means to an extent of more than 50 percent of its replacement cost at the
time of destruction. However, in the event of damage by natural disaster to the extent
described herein, a said nonconforming use or uses may be reestablished through a
conditional special use permit procedure as set forth in division 38.230 of this chapter. Such
restoration must comply to the maximum extent reasonably feasible with the requirements
of this chapter.
SECTION 18
Section 38.280.020. Changes to or expansions of nonconforming uses of the Bozeman Municipal
Code be amended as follows:
Sec. 38.280.020. Changes to or expansions of nonconforming uses.
A. Lawful nonconforming non-residential use.
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1. A lawful nonconforming non-residential use must not be changed except in
conformance with the use requirements of the zone in which it is located. Except,
however, a lawful nonconforming non-residential use may be changed to another
nonconforming use, provided that the proposed use is not of greater intensity than the
original use, as determined by the criteria in section 38.280.020.A.2, and that a
conditional special use permit is obtained from the review authority. A lawful
nonconforming non-residential use may be expanded only through the granting of a
conditional special use permit by the review authority. In considering the
appropriateness of the conditional use permit application, the review authority must
weigh the criteria set forth in 38.230.110. In addition, the review authority must
consider whether the expansion is reasonable, natural and incidental to the growth and
use of an existing business. In general, proposals to expand nonconforming uses must
not be approved if the expansion would encompass new land or property which was
not in use at the time of the enactment of zoning or a change in zoning.
2. To approve a conditional special use permit to change or expand a nonconforming non-
residential use, the review authority must determine that the proposed nonconforming
use is more appropriate to the district than the existing nonconforming use, and that no
unsafe or unhealthy conditions are perpetuated. In making such a determination, the
review authority must weigh the following criteria in addition to the criteria applicable
to all conditional special use permits:
a. Traffic impacts, both on-site and off-site;
b. Off-street parking and loading requirements;
c. The visual impact on the surrounding area;
d. The degree of compliance with the adopted growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be
mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater
contamination, or other environmental impacts.
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of
dwelling units, in an effort to achieve greater conformance with the underlying zoning
designation, through the review process required by divisions 38.340 and 38.230 of
this chapter, without the need to obtain a conditional special use permit from the
review authority. A lawful nonconforming residential use must not be permitted to
increase the number of dwelling units.
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2. The maintenance and reconstruction of existing nonconforming residential dwelling
units is allowed, in compliance with applicable fire and building codes, including
expansion of up to 20 percent of the existing total residential area, without the need of
a conditional special use permit, as long as the number of dwelling units on the lot is
not increased. In instances where new construction is allowed, all appropriate
approvals such as a certificate of appropriateness or building permit must be obtained
prior to the initiation of construction.
SECTION 19
Section 38.280.040. Nonconforming structures of the Bozeman Municipal Code be amended as
follows:
Sec. 38.280.040. Nonconforming structures.
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance
from which this chapter is derived may be continued at the size and configuration existing
upon such date except as hereinafter specified, or in the case of signage as specified in
division 38.560 of this chapter and lighting as specified in section 38.570.110.
B. The right to operate and maintain a nonconforming structure terminates when the structure
is destroyed by any means to an extent of more than 50 percent of its replacement cost at the
time of destruction. However, in the event of damage by natural disaster to the extent
described herein, said nonconforming nonresidential structure may be reestablished through
a conditional special use permit procedure as set forth in division 38.230 of this chapter.
Such restoration must comply to the maximum extent feasible with the requirements of this
chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary
structural repairs provided such structural repairs do not enlarge the structure or intensify
the use.
SECTION 20
Paragraph 38.300.110.G of the Bozeman Municipal Code be amended as follows:
G. Northeast historic mixed-use district—intent and purpose.
1. The intent of the northeast historic mixed-use district is to provide recognition of an
area that has developed with a blend of uses not commonly seen under typical zoning
requirements. The unique qualities and nature of the area are not found elsewhere in
the city and should be preserved as a place offering additional opportunities for
creative integration of land uses. The intent of this area is to allow private and case-by-
case determination of the most appropriate use of land in a broad range of both non-
residential and residential uses. Standards for buffering between different land uses are
deliberately not as high as standards elsewhere in the community as it is assumed that
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persons choosing to locate in this area are aware of the variety of possible adjacent
land uses and have accepted such possibilities as both acceptable and desirable. It is
expected that the lots within this district will continue to develop under a variety of
uses which may increase or decrease in scope in any given portion of the district.
2. The clear intent of this district is to support a mix and variety of non-residential and
residential uses. Nothing in division 38.300 of this article shall be interpreted to be
discouraging or prejudicial to any listed use except as set forth as principal and
conditional special uses.
SECTION 21
Division 38.310 Permitted Uses of the Bozeman Municipal Code be amended as follows:
Sec. 38.310.010. Interpretation of land use tables.
A. Uses in the various districts are depicted in Tables 38.310.030—38.310.040. Principal uses
are indicated with a "P," conditional uses are indicated with a "C," special uses are indicated
with a "S", accessory uses are indicated with an "A" and uses which are not permitted
within the district are indicated by a "-."
B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040.
C. The uses listed are deliberately broad and some are given special definitions in article 7 of
this chapter. The intent of this method is to provide general guidance for uses while
allowing the unique needs and circumstances of each proposal to be specifically addressed
through the review process. Some uses are the subject of special regulations contained in
division 38.360 of this article.
D. Clarification of permitted uses and special conditions:
1. If a * appears after the use, then the use is defined in article 7.
2. Where a code section is referenced after the use, then the use is subject to the
additional standards in that code section.
3. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are
multiple numbers, then the use is subject to all applicable development conditions.
4. Where a number with a "sf" reference appears below a P or CS in the box, it means
that the use is permitted or conditionally permitted up to the (maximum) listed square
footage in gross building area.
5. If more than one letter-number combination appears in the box (e.g., P2, 3), the use is
allowed in the zone subject to different sets of limitations or conditions depending on
the review process indicated by the letter, the general requirements of the code and the
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specific conditions indicated in the development condition with the corresponding
number immediately following the table.
Sec. 38.310.020. Classification of uses; community development director and city
commission authority.
A. When a use is not clearly defined or otherwise identified in the code so that it may be
determined if it is allowed within a district the community development director must
determine the appropriate classification of a particular use. In making this determination,
the community development director must find:
1. That the use is the same as one or more uses permitted in the district wherein it is
proposed to be located; or
2. That the use is so similar to one or more uses permitted in the district wherein it is
proposed to be located as to be interpreted as the same, so long as:
a. The use and its operation are comparable with the uses permitted in the district
wherein the use is proposed to be located, in terms of:
i. The amount, type, and pattern of vehicular traffic anticipated for the use, and
ii. The expected outdoor uses and activities associated with the use;
b. The use will not cause substantial injury to values of property in the neighborhood
or district wherein it is proposed to be located; and
c. Neither the intent of this chapter nor the intent of the district will be abrogated by
such classification.
Persons objecting to a decision of the community development director regarding a classification
of a use carry the burden of proof to establish error in the decision.
B. If a question arises concerning the appropriate classification of a particular use, the
community development director may submit the question to the city commission to
determine whether the particular use is the same or so similar as to be interpreted the same
as a listed permitted or conditional special use. In making such a determination, the city
commission must find that the criteria set forth in either subsection A.1 or 2 of this section
are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be
interpreted the same, as a listed accessory, principal or conditional special use, the use must
not be allowed. However, an amendment to the text of this chapter may be submitted for
review and approval pursuant to the requirements of this chapter to allow such use as a
listed principal, conditional special, or accessory use (as defined in section division
38.700.020).
Sec. 38.310.030. Authorized uses—Residential zoning districts.
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Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling
units* - attached or
detached (38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Apartment building,
limited3 (38.360.070)
— — — P P P P —
Cottage housing
(38.360.120)*
P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.170)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household
dwelling (38.360.220)
P P P P P P P P
Two-household dwelling
(38.360.220)
— — P P P P P —
Three household
dwelling or four-
— — — P P P P —
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household dwelling
(38.360.220)
Townhouses* &
rowhouses* (two
attached
units)(38.360.250)
— — P P P P P —
Townhouses* &
rowhouses* (five
attached units or less)
(38.360.250)
— — — P2 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.250)
— — — — P P P —
Group residential
Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living
(38.360.135)*
P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.140)* and related
services
S S S S S S S S
Notes:
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1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
3. Supplemental use criteria for apartment building, limited are in section 38.360.070.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards specific to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential
services Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings
and structures
typically
accessory to
authorized uses
A A A A A A A A
Private or jointly
owned
A A A A A A A A
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recreational
facilities
Signs*, subject
to article 5 of
this chapter
A A A A A A A A
Temporary
buildings and
yards incidental
to construction
work
A A A A A A A A
Temporary sales
and office
buildings
A A A A A A A A
Non-residential uses
Agricultural
uses* on 2.5
acres or more
(38.360.270)
P — — — — — — —
Agricultural
uses* on less
than 2.5 acres
(38.360.270)
C S — — — — — — —
Bed and
breakfast*
C S C S C S C S P P P —
Commercial
stable
(38.360.230)
C S — — — — — — —
Community
centers*
C S C S C S C S C S C S P C S
Day care
centers*
S S S P P P P S
Essential
services Type
II*
P P P P P P P P
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Essential
services Type
III*2
C S C S C S C S C S C S C S C S
Short Term
Rental (Type 1)*
P P P P P P P —
Short Term
Rental (Type 2)*
— — P P P P P —
Short Term
Rental (Type 3)*
— — — — — — — —
General service
establishment*
— — — — — — P5 —
Golf courses C S C S — — — — — —
Offices* — — — — S3 S3 P —
Public and
private parks
P P P P P P P P
Medical offices,
clinics, and
centers*
— — — — C S C S 3 P —
Recreational
vehicle parks
(38.360.210)*
C S — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Veterinary uses S — — — — — — —
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is
determined by the underlying growth policy land use designation. Where the district
lies over a residential growth policy designation the primary use shall be non-office
uses; where the district lies over a non-residential designation the primary use shall be
office and other non-residential uses. Primary use shall be measured by percentage of
building floor area.
2. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
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3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on
street corner sites within a mixed-use building featuring residential units next to and/or
above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
Sec. 38.310.040. Authorized uses—Commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C S in the box, it means that
the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.050
)
REMU
(38.310.060
)
NEHMU
2
B
P
M
-1
M
-2
General sales
Automobile
fuel sales or
repair
(38.360.080)
*
S S S S S S P — P P —
Convenience
uses
— P P C
P
C P P P — — — —
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(38.360.110)
*
Heavy retail
establishmen
t (Retail,
large scale -
38.360.160)*
— P P C
S
P C S P — P P —
Restaurants* P3 P P P P P P
1,500 sf
— P3 P3 —
Retail*
• 0-5,000sf
GFA
P4 P4 P4 P4 P4 P4,5 A6 C S 7 A6 A6
C
S 7
A6
C
S 7
—
• 5,001-
24,999sf
GFA
— P4 P4 P4 P4 P4,5 A6 C S 7 A6 A6
C
S 7
A6
C
S 7
—
• 25,000sf-
39,999sf
GFA
— P4 P4 P4 P4 — A6 C S 7 A6 A6
C
S7
A6
C
S7
—
• Over
40,000sf
GFA (Retail,
large scale -
38.360.160)*
— P4 P4 — S4 — — — — — —
Sales of
alcohol for
on-premises
consumption
(38.360.060)
S8 S8 S8 S8 S8,9 S8,9 S8 — C
S
8,
10
C
S
8,
10
—
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(see table 38.310.030 for those not listed in this table).
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3. Occupying not more than 20 percent of the gross floor area of a building or 1,500
square feet, whichever is less, or occupying not more than 45 percent of the gross floor
area of a food processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square
feet are limited to no more than four structures per 100 acres of contiguous master
planned development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square
feet are limited to no more than two structures per 100 acres of contiguous master
planned development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to
exceed 20 percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use require a special use permit. are conditionally
permitted.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
10. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are
permitted with the following conditions:
a. Restaurants serving alcoholic beverages are limited to those with state beer and
wine licenses issued since 1997, prohibiting any form of gambling and occupying
not more than 45 percent of the total building area of a food processing facility;
and/or
b. Retail sales for on-premises consumption of alcohol produced on site, not to
exceed 10,000 square feet or 50 percent of the facility, whichever is less.
Table 38.310.040.B
Permitted services and temporary lodging uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
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numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C S in the box, it means that
the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I
B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
BP M-
1
M-
2
Personal and general service
Animal
shelters
— — — — — — C S — S S —
Automobile
washing
establishment
*
— P P C
P
C S C S P — P P —
Daycare—
Family,
group, or
center*
P P P P3 P P PS /A4 PS/
A4
C
S
/A
4
C
S
/A
4
C
P
General
service
establishment
*
P P P P P P P C P P C
S
—
Health and
exercise
establishment
s*
P
S
P P P P P P C S/
A4
P P —
Heavy
service
establishment
*
— P P C
S
P C S P — P P —
Medical and
dental
P P P P3 P P P P P P —
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offices,
clinics and
centers*
Mortuary — S S S S — — — — — —
Offices* P P P P3 P P P P5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and
fueling
services
— — — — — — C S — C
S
P —
Temporary lodging
Bed and
breakfast*
— — — — — P C S — — — —
Short Term
Rental (Type
1)*
— P P P P P P — — — —
Short Term
Rental (Type
2)*
— P P P P P P — — — —
Short Term
Rental (Type
3)*
— P P P P P — — — — —
Hotel or
motel*
— P P P P P
40,000sf
P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(see table 38.310.030 for those not listed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
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one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the
same building or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
B
P
M
-1
M
-2
General residential
Accessory
dwelling unit
(38.360.040)
— — — — — P P — — — —
Apartments*3 P4 P4 P5 P5 P P A6 — A6 A6 —
Apartment
buildings*3
— C
S
P P5 P P — — — — —
Cottage
housing*
(38.360.120)
— — — — — P — — — — —
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Single
household
dwelling
(38.360.220)
— — — — — P P — — — —
Three
household
dwelling or
four-
household
dwelling
(38.360.220)
— — — — — P — — — — —
Townhouses
*3 &
rowhouses*
(38.360.250)
— C
S
7
P7 P7 — P8 P — — — —
Two-
household
dwelling
(38.360.220)
— — — — — P P — — — —
Live-work
units*
P P P P P P P — — — —
Ground floor
residential
C
S
P5 P5 — — — — — — —
Group residences
Community
residential
facilities with
eight or
fewer
residents*
P4 P4
, 5
P4,
5
P4
, 5
P4, 5 P P — — — —
Community
residential
facilities
serving nine
or more
residents*
- C
S
C
S
— P P — — — — —
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Cooperative
household*
— — — — — P C S — — — —
Group living
(38.360.135)
*
P4 P4 P5 P4 — P P — — — —
Lodging
houses*
— C
S
C
S 5
C
S
3
P P — — — — —
Transitional
and
emergency
housing and
related
services
(38.360.140)
*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section
38.700.030 of this chapter. Lobbies associated with residential uses are allowed on the
ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required
on the ground floor to a minimum depth of 20 feet from front building façade on
properties adjacent to designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor
area of the building, and not located on the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
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Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning
districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I B
-
11
B
-2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
B
P
M
-1
M
-2
Industrial and Wholesale
Junk salvage or
automobile
reduction/salva
ge yards
— — — — — — — — — C
S
—
Manufacturing,
artisan*
P P P P3 P P P P P P —
Manufacturing
(light)*
— S S C
S3
P4 P5 P P4 P4 P —
Manufacturing
(moderate)*
— C
S
C
S
— — — P P P P —
Manufacturing
(heavy)*
— — — — — — — — C
S
P —
Outside storage — — — — — — P A P P —
Refuse and
recycling
containers
A A A A A A A A A A —
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Warehousing* — — — — — — P — P P —
Warehousing,
residential
storage (mini
warehousing)
(38.360.190)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Completely enclosed within a building.
5. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-
use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — =
Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development
condition(s) described in the footnotes immediately following the table. If there are multiple
numbers, then the use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or C S in the box, it means that
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the use is permitted or conditionally permitted up to the (maximum) listed square footage in
gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PL
I
B-
11
B-
2
B-
2
M
B
-3
UMU
(38.310.05
0)
REMU
(38.310.06
0)
NEHMU
2
B
P
M
-1
M
-2
Public, educational, government and regional
Business,
trade,
technical or
vocational
school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
Essential
services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III C
S 4
P P C
S
3,
4
C S C S 4 P
C S
P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturi
ng and
generation
facilities
(electric and
gas)
— — — — — — — — — S —
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Public and
nonprofit,
quasi-public
institutions,
e.g.
universities,
elementary
junior and
senior high
schools and
hospitals
— — — — — — — — — — P
Public
buildings
and publicly
owned land
used for
parks,
playgrounds
and open
space
P
—
P
—
P P P P P P P P P
Solid waste
transfer
station
— — — — — — — — — C
S
P
Solid waste
landfill
— — — — — — — — — — C
S
Truck, bus
and rail
terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult
business
(38.360.050)
*
— — — — — — — — P P —
Amusement
and
recreational
facilities
— P P — P — P — P C
S
—
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Arts and
entertainmen
t center*
P P P P P P
12,000 sf
— — — — —
Casinos — — — — — — — — C
S
C
S
—
Community
centers
(38.360.090)
*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
Home-based
businesses
(38.360.150)
*
A A A A A A A A A A —
Other
buildings
and
structures
(typically
accessory to
permitted
uses)
A A A A A A A A A A A
Temporary
buildings
and yards
incidental to
ongoing
construction
work
— — — — — — A A A A —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square
feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district
(some of which aren't addressed in this table).
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3. Use not allowed on the ground floor of buildings in the downtown core (those
properties along Main Street from Grand Avenue to Rouse Avenue and from the alley
one-half block north of Main Street to the alley one-half block south of Main Street)
unless visitor access is available from an alley and another use not subject to this
footnote is present to a minimum depth of 20 feet from the front building façade
adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this
article.
Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district.
Mixed uses required and limited:
A. Development must include a mix of uses.
B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A
combination of at least two different groups of uses must be provided within each site plan.
C. No use group must exceed 70 percent of the total gross building floor area in the entire site
development. Multiple buildings may be shown on a single site plan as allowed in division
38.230 of this chapter. For the purposes of calculating the percentage of a use within the site
development the gross square foot floor area of building for each use must be utilized.
Single use buildings are allowed provided the entire site meets the required use mix
standard.
D. At least 70 percent of the ground level block frontages (see division 38.510) must be
occupied by non-residential uses. To meet this requirement, the depth of non-residential
floor area must be at least 20 feet deep. Ground level lobbies for residential uses on upper
floors may qualify as a non-residential use for the purpose of this standard provided such
lobby occupies no more than 50 feet of the block frontage. Structured parking is classified
as a non-residential use. Structured parking at the ground level must include liner buildings
of usable proportions along at least 40 percent of the building façades facing a street or
greenway.
Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning
district.
A. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range
of building types, scales, densities, and site configurations.
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2. Developments are encouraged to include non-residential uses, especially commercial
and neighborhood support services, mixed horizontally and/or vertically, to promote
compact, walkable and sustainable neighborhoods.
3. Non-residential uses must not exceed 30 percent of the total gross building square
footage of all uses within the master planned area unless otherwise allowed in this
section, through a master site plan or planned unit development (PUD) review.
4. For the purposes of calculating the percentage of a use within the master planned area,
the gross square foot floor area of building for each use must be utilized.
5. The specific method of tracking will be determined during the master site plan, PUD,
or site plan review.
6. Home-based businesses are not considered non-residential uses and must not be limited
by the provisions of the section.
7. Non-residential uses intended for public benefit and shared public amenities must not
be limited by the provisions of this section. These uses include, but are not limited to,
schools, parks, community centers, city operated services and structured parking
facilities.
B. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located
on sites five acres or larger. Development review applications for sites in the REMU
district greater than, or equal to, five acres will first be subject to review as a master
site plan per article 2 of this chapter; or as a PUD per division 38.430 of this chapter,
as determined by the applicant.
2. Project applications for subsequent project phases in compliance with an approved
master site plan or PUD may be reviewed as a site plan review or sketch plan review in
accordance with division 38.230 of this chapter.
3. All development review applications for property in the REMU district smaller than
five acres are subject to the standards in this article and may be subject to review as a
master site plan per division 38.230 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a
significant impact on an existing neighborhood; or may create a center within an
existing neighborhood;
b. The proposed development is located at an intersection deemed to have special
significance;
c. The proposed development may have a significant impact on existing
transportation and open space network, pedestrian and bicycle travel; and/or
d. The proposed development requires a multi-year approval and multiple phases for
completion.
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SECTION 22
Section 38.340.040. Certificate of appropriateness of the Bozeman Municipal Code be amended
as follows:
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically exempted in subsection 1 of this section, or repair(s) as defined in section
38.700.160, are undertaken upon any structure in the conservation district. The review authority for certificates of appropriateness is established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required. The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to reflect current conditions on the site, prior to the review of the proposal. Application procedures
are as follows:
1. No building, demolition, conditional use, sign or moving permit may be issued within the conservation district until a certificate of appropriateness has been issued by the appropriate review authority, and until final action on the proposal has been taken.
a. Limited exceptions. The following construction located within the neighborhood
conservation overlay district, within an established historic district, or at a site
which is individually listed on the National Register of Historic Preservation, does not require a certificate of appropriateness if the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations,
street vision triangle, finished side out, etc. per section 38.350.060) which
are built of wood, wrought-iron, or any other non-synthetic material and whose construction allows "transparency" as set forth in Chapter 3, Section F of the design guidelines referenced in section 38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is
present elsewhere in the structure, and whose window wells are not on the front or corner-side setback elevation of the structure, and which do not establish or provide egress from an illegal dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge
of the exterior walls, which meet the setback requirements, are not more than
14 feet to their highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
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2. Application, review and public notice procedures for proposals located within the
conservation district are set forth in division 38.230, Plan Review, and division 38.220,
Applications and Noticing, of this chapter. If demolition or movement of structures or sites subject to the conservation district requirements is proposed, the procedures in section 38.340.080 apply.
3. The architectural designs of individual affordable housing units used to satisfy the
requirements of section 38.380.030 and are exempt from the review requirements of this
part 1. This exemption does not extend to removal or alterations of existing structures.
SECTION 23
Paragraph 38.350.030.A of the Bozeman Municipal Code be amended as follows:
A. Only uses specifically identified by this chapter are to be built. No building, or structure or part thereof may be erected, altered or enlarged for a use, nor must any existing building,
structure or part thereof, or land, be used for a purpose or in a manner that is not in
conformity with the uses listed as authorized uses for the zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be erected or used for a purpose listed as a conditional or special use in such zone must first receive final approval of a permit for the use. Existing nonconforming uses and structures must comply
with division 38.270 of this chapter.
SECTION 24
Section 38.360.010. Purpose of the Bozeman Municipal Code be amended as follows:
Sec. 38.360.010. Purpose.
The purpose of this section is to further describe the standards and conditions under which
certain uses may be permitted as principal, or special, or conditional uses in specific districts.
SECTION 25
Section 38.360.060, Alcohol sales for on-premises consumption be amended as follows:
Sec. 38.360.060. Alcohol sales for on-premises consumption.
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be conducted on the same lot or premises where an adult business or the sale of auto
retail fuel is permitted.
B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
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1. In zoning districts authorized to serve on premise alcohol, a restaurant if the restaurant
serves alcohol on premises only pursuant to a state issued restaurant beer and wine
license or to a person operating a temporary event using a catering endorsement; or
2. Restaurants located within the B-2M and B-3 zoning districts if the restaurant serves alcohol on premise only pursuant to a state issued beer license with wine amendment as long as such restaurant complies with the following requirements and provides the
city an annual certification with its business license application of such compliance:
a. All alcohol is sold for on premises consumption only;
b. The restaurant must have individually priced meals prepared and served for on-site dining;
c. Must have a dining room, kitchen and necessary employees for preparing food on
the premises;
d. The restaurant must serves an evening meal at least four days a week for at least two hours a day between the hours of 5:00 p.m. and 11:00 p.m. and if food is served beyond these hours may only sell alcohol between the hours of 11:00 a.m. and 11:00 p.m.;
e. Gambling or gaming is prohibited;
f. Alcohol must be stored on premises; and
g. Must prevent self-service of alcohol.
C. Sales of alcohol for on-premises consumption in the M-1 and M-2 districts are permitted
with the following conditions:
1. Restaurants serving alcoholic beverages are limited to those with state beer and wine
licenses issued since 1997, prohibiting any form of gambling and occupying not more
than 45 percent of the total building area of a food processing facility; and/or
2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed
10,000 square feet or 50 percent of the facility, whichever is less.
SECTION 26
Paragraph 38.360.230.E of the Bozeman Municipal Code be amended as follows:
E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of four feet six inches in height. The design of these enclosures must be shown on drawings submitted with the conditional special use permit application.
SECTION 27
Section 38.370.020. Special submittal requirements of the Bozeman Municipal Code be amended
as follows:
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Sec. 38.370.020. Special submittal requirements.
In addition to the materials required by division 38.220 of this chapter for site plans, conditional
or special use permits, and planned unit developments, the materials required by section 38.220.170 must be submitted.
SECTION 28
Section 38.370.030. Uses within districts and required review procedures of the Bozeman
Municipal Code be amended as follows:
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. This section authorizes telecommunication uses in specific districts. Unless specifically exempted by this division 38.370, all other standards and procedures of this chapter must apply. 1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require
subdivision review when land interests are created by rent or lease. Depending on how
the ownership and use of land for a facility subject to this division 38.370 is established, subdivision review may be required in addition to site plan review. B. No wireless facility may be permitted except in accordance with the development review processes indicated in Table 38.370.030 in subsection B.1 of this section, based on the
applicable zoning district and scope of the proposed facility. All applications are subject to
the review processes, submittal requirements and other requirements of articles 38.230 and 38.220 of this chapter as may be applicable. 1. Review procedures. Uses: P = Principal uses; C = Conditional uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P C S P/ C S 1 A P
B-3 C S P/ C S 1 A P
B-2 C S P/ C S 1 A P
B-2M C S P/ C S 1 A P
B-1 C S P/ C S 1 A P
UMU C S P/ C S 1 A P
REMU S9 P/ C S 1 A C P
NEHMU P P A P
R-O S9 C S1 P C P
R-5 S9 C S1 P C P
R-4 S9 C S1 P C P
R-3 S9 C S1 P C P
R-2 S9 C S1 P -
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R-1 S9 C S1 P -
R-S S9 C S1 P C P
C. Special review requirements by type. Note: 1. Conditional Special use review is required when the proposed facility exceeds the height limitation of the district. 2. Collocation upon a previously approved wireless facility, when such additional
facilities were contemplated as part of the original review, must be reviewed as a
sketch plan in all zones. 3. A wireless facility may be permitted as an accessory use in any non-residential district when: a. It is for the exclusive use of a single on-site business when the business has
otherwise been approved under division 38.230 or 38.430 of this chapter, rather
than offered to additional parties; b. It is in compliance with the maximum building height limitations of the zoning district; c. It complies with all setback and other zoning requirements; and
d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be reviewed against the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is required before issuance of a building permit. 5. Prior to submitting an application for a large scale or small scale wireless facility, the
applicant complete a concept review per 38.230 must request in writing a pre-
application conference with the community development department. The purpose of the concept review pre-application conference is to acquaint the participants with the applicable requirements of this division 38.370, as well as with any preliminary concerns the department may have.
6. The applicant's concept review submittal written request for a preapplication
conference must include the following information with regard to the proposed facility: a. Location; b. Overall height;
c. Number of antennas proposed, including those of other providers to be collocated; d. Type of wireless communication services to be provided; and e. Coordination of ground equipment shelters. 7. Adequate review of applications may require the city to retain consultants or other third
party assistance to review an application. In such event the applicant must reimburse the city for the actual costs incurred prior to issuance of a building permit. 8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to this division 38.370. 9. When demonstrated to be necessary to meet federal requirements for continuity of
service in an area.
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SECTION 29
Paragraph 38.370.040.C of the Bozeman Municipal Code be amended as follows:
C. Administrative.
1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note the feasibility of accommodating other users. The city may share this information with other applicants or interested parties to encourage collocation.
2. The public land and agencies exemption from full compliance with zoning in MCA 76-
2-402 does not apply to private entities utilizing publicly owned lands.
3. Any antennas or antenna support structures not utilized for the provision of wireless services for a continuous period of six months will be considered abandoned. All facilities must be removed within six months of the cessation of operations. If a facility is not removed within six months the city may remove the facility at the facility or
landowner's expense. Where multiple users share a facility, the non-operational antennas and associated ground-mounted equipment may be removed, but any common equipment may be retained until all users have terminated the utilization of the site.
4. Any emergency power supply or other equipment installed at the facility must comply
with section 38.520.070.
5. No facilities which require employees to be present on a routine basis may be established in residential areas, with the exception of periodic maintenance activities, unless the zone allows offices as a permitted or conditional use and appropriate review has been completed.
6. Failure to comply with the terms of this chapter is grounds for facilities to be removed by action of the city at the facility or landowner's expense.
7. Any modifications to existing wireless sites shall only occur in compliance with the review procedures required in section 38.370.030.
8. Denial of an application must be made only after the review body has determined that
specific criteria of this chapter cannot be met. Said determination must be made in
writing and must include the reasons for the denial and the evidence which supports
those reasons. Public opposition alone is not sufficient to deny the application.
SECTION 30
Paragraph 38.540.020.F of the Bozeman Municipal Code be amended as follows:
F. Surfacing. Except for one-household development on individual lots, all areas intended to
be utilized for permanent parking space and drive aisles must control dust and drainage. All
proposed parking areas and driveway improvements must require a grading and drainage plan approved by the review authority. Areas must be paved with concrete or asphaltic concrete or approved pavers; an alternative surfacing method such as pervious pavement
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may be used, subject to review and approval by the review authority. Surfacing methods
which minimize stormwater runoff and provide for functional parking and circulation are
encouraged.
1. However, paving is not required for permitted and conditional uses in the R-S zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading spaces
under the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and
c. The applicant must enter into an improvements agreement with the city agreeing that the lot must be paved within nine months of the time an adjacent roadway is
paved.
SECTION 31
Paragraph 38.560.060.B of the Bozeman Municipal Code be amended as follows:
B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs may be permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four residential lots and for residential complexes with more than four dwellings and more than one building, one low profile, freestanding, sign per development entrance may be permitted. No sign may exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back at least five feet
from the property line.
2. Residential building signs. For properties used for multi-household residential, one wall sign per street frontage may be permitted. No sign may exceed eight square feet in area.
3. Signs appurtenant to residential principal, special and conditional uses, and home
occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal residential uses and permitted home occupations; however, such signs may not be located in any required setback area. In addition, home occupations may be permitted a single one-square foot sign on a mailbox or lamppost or one and one-
half square feet of freestanding signage located a minimum of five feet from the property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32 square feet in total area nor five feet in height. Such signs must be set back at least five feet from the property line.
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c. Permitted non-residential type uses, such as churches, community centers,
veterinary uses, golf courses, day care centers and schools may be permitted
signage as if the underlying zoning were B-1.
d. Permitted conditional and special use residential type uses such as homes used as bed and breakfasts and fraternity and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs may be illuminated only during the
hours of operation.
4. Legacy planned unit developments. Commercial establishments within planned unit developments where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone.
SECTION 32
Section 38.570.110. Nonconforming lighting of the Bozeman Municipal Code be amended as
follows:
Sec. 38.570.110. Nonconforming lighting.
Nonconforming lights can only be replaced with conforming lights. Site plans, conditional use permits, and special use permits require lighting to become compliant. The city may require nonconforming lights to be replaced with modifications/reuse applications.
SECTION 33
Section 38.700.040 C definitions of the Bozeman Municipal Code be amended as follows with
all other elements remaining as presently written:
Conditional use. A public or private use as listed in this chapter which, because of its unique characteristics, cannot be properly classified as a principal use or accessory use in a
particular district.
Conditional use permit. Legal authorization to construct, develop or operate a conditional use as defined by this chapter.
SECTION 34
Section 38.700.150 P definitions of the Bozeman Municipal Code be amended as follows with
all other elements remaining as presently written:
Permitted use. A use which is lawfully established in a particular zoning district and which
conforms to all requirements, regulations and performance standards of such district. A
permitted use may be a principal use, an accessory use or a conditional special use.
Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT
Ord. 2124 Page 48 of 49
SECTION 35
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
SECTION 36
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other
provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
SECTION 37
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole.
SECTION 38
Codification.
The provisions of Section 2-34 shall be codified as appropriate in the Bozeman Municipal
Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes
in this ordinance.
SECTION 39
Effective Date.
This ordinance shall be in full force and effect on _______________, 2022.
Ordinance 2124, Removing Conditional Use Permit Process From The Bozeman Municipal Code -DRAFT
Ord. 2124 Page 49 of 49
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ________th day of ____________, 2022.
____________________________________ Cynthia L. Andrus Mayor
ATTEST:
_________________________________
Mike Maas City Clerk
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the _______________ day of ________, 2022.
____________________________________
Cynthia L. Andrus Mayor ATTEST:
_______________________________ Mike Maas City Clerk
APPROVED AS TO FORM:
____________________________________ Greg Sullivan City Attorney