HomeMy WebLinkAboutBozemanUDC_Sept19_25_Public Hearing DraftPUBLIC HEARING DRAFT
SEPTEMBER 19, 2025
CHAPTER 38
BOZEMAN
DEVELOPMENT
CODE
BUILDING OUR FUTURE TOGETHER
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025iiUNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 i UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
MAJOR CHANGESMINOR CHANGES EDITORIAL CHANGES
CONTENTS
ARTICLE 1. - GENERAL PROVISIONS ...........................................................................................1-1
Division 38.100. - In General ...........................................................................................................................1-2
Division 38.110. - Adopted Plans, Standards and Resolutions .................................................................1-5
ARTICLE 2. - ZONING DISTRICTS .................................................................................................2-1
Division 38.200. - Zoning Districts and Map ...............................................................................................2-3
Division 38.210. - Residential Districts .........................................................................................................2-6
Division 38.220. - Commercial and Mixed Use Districts .........................................................................2-17
Division 38.230. - Industrial Districts ..........................................................................................................2-38
Division 38.240. - Special Districts ..............................................................................................................2-46
Division 38.250. - Planned Development ..................................................................................................2-57
Division 38.260. - Rules of Interpretation..................................................................................................2-76
ARTICLE 3. - LAND USE ..................................................................................................................3-1
Division 38.300. - Allowed Uses ....................................................................................................................3-3
Division 38.310. - General Use Standards ...................................................................................................3-8
Division 38.320. - Specific Use Standards ..................................................................................................3-12
Division 38.330. - Wireless Facilities ...........................................................................................................3-42
Division 38.340. - Affordable Rental Housing ..........................................................................................3-52
ARTICLE 4. - COMMUNITY DESIGN ............................................................................................4-1
Division 38.400. - Transportation Facilities and Access ...........................................................................4-2
Division 38.410. - Community Design and Elements ..............................................................................4-17
Division 38.420. - Park and Recreation Requirements ...........................................................................4-32
ARTICLE 5. - PROJECT DESIGN ...................................................................................................5-1
Division 38.500. - Introduction ......................................................................................................................5-4
Division 38.510. - Site Planning and Design Elements ..............................................................................5-7
Division 38.520. - Building Design ...............................................................................................................5-21
Division 38.530. - Parking .............................................................................................................................5-33
Division 38.540. - Landscaping....................................................................................................................5-53
Division 38.550. - Signs .................................................................................................................................5-65
Division 38.560. - Lighting ............................................................................................................................5-82
ARTICLE 6. - NATURAL RESOURCE PROTECTION ....................................................................6-1
Division 38.600. - Floodplain Regulations .................................................................................................6-3
Division 38.610. - Wetland Regulations .....................................................................................................6-30
Division 38.620. - Watercourse Setbacks. .................................................................................................6-38
DEGREE OF CHANGE BY ARTICLE
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025iiUNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7. - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES .....................................7-1
Division 38.700. - Jurisdiction and Scope of Authority .............................................................................7-5
Division 38.710. - Submittal Materials and Requirements .......................................................................7-14
Division 38.720. - Supplementary Documents.........................................................................................7-55
Division 38.730. - Noticing. ..........................................................................................................................7-59
Division 38.740. - Plan Review .....................................................................................................................7-62
Division 38.750. - Subdivision Procedures ................................................................................................7-79
Division 38.760. - Appeals, Deviations, Departures and Variance Procedures ................................7-103
Division 38.770. - Text and Zoning Map Amendments ..........................................................................7-112
Division 38.780. - Improvements and Securities ...................................................................................7-115
Division 38.790. - Nonconforming Situations ........................................................................................7-133
ARTICLE 8. - DEFINITIONS ............................................................................................................8-1
Division 38.800. - Terms and Interpretation ..............................................................................................8-2
MAJOR CHANGESMINOR CHANGES EDITORIAL CHANGES
DEGREE OF CHANGE BY ARTICLE
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 1-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 1. -
GENERAL PROVISIONS
DIVISION 38.100. - IN GENERAL ..................................................................................................1-2
Sec. 38.100.010. - Citation...............................................................................................................................1-2
Sec. 38.100.020. - Authority. ...........................................................................................................................1-2
Sec. 38.100.030. - Jurisdictional area and application. .............................................................................1-2
Sec. 38.100.040. - Purpose of chapter. ........................................................................................................1-2
Sec. 38.100.050. - Interpretation as minimum requirements. .................................................................1-2
Sec. 38.100.060. - Donations or grants to public considered a grant to donee. ................................1-3
Sec. 38.100.070. - Conditions of approval applicable to both zoning and subdivision review. .......1-3
Sec. 38.100.080. - Compliance with regulations required. ......................................................................1-4
Sec. 38.100.090. - Development that lies within multiple jurisdictions. ................................................1-4
Sec. 38.100.100. - Private restrictions and city required covenants. ......................................................1-4
Sec. 38.100.110. - Severability. ........................................................................................................................1-4
DIVISION 38.110. - ADOPTED PLANS, STANDARDS AND RESOLUTIONS ............................1-5
Sec. 38.110.010. - Documents adopted by reference. ..............................................................................1-5
Sec. 38.110.020. - Figures. ...............................................................................................................................1-5
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20251-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 1 - GENERAL PROVISIONS
Division 38.100. - IN GENERAL
sec. 38.100.010. - Citation.
This document is the Unified Development Code for the city of Bozeman, and is referred to or cited
throughout the document as "this chapter."
sec. 38.100.020. - Authority.
This chapter is adopted by authority of the MCA 76-25-401(76). Additional city authority is granted by
various other sections of state law and the authority granted by those sections is incorporated in this
chapter.
sec. 38.100.030. - Jurisdictional area and application.
This chapter governs the division, development and use of land within the city limits and lands proposed
for annexation to the city. This chapter applies to all private and public lands, all uses, and all structures
and buildings over which the city has jurisdiction under the constitution and laws of the state or pursuant
to the city's powers.
sec. 38.100.040. - Purpose of chapter.
A. The purpose of this chapter is to protect the public health, safety and general welfare; to recognize
and balance the various rights and responsibilities relating to land ownership, use, and development
and other rights identified in the United States and State of Montana constitutions, and statutory and
common law, comply with the Montana Land Use Planning Act as may be amended from time to
time; to implement the city's adopted land use plan; and to meet all requirements of law.
sec. 38.100.050. - Interpretation as minimum requirements.
A. In their interpretation and application, the provisions of this chapter are minimum requirements
adopted for the promotion of the health, safety and general welfare of the community. In some
instances the public interest will be best served when the minimums are exceeded. The review
authority must provide findings and sufficient evidence in support of a requirement to exceed the
minimum standards. Wherever the requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules or regulations of federal, state, or local government, or wherever
there is an internal conflict within this chapter, the most restrictive or most specific requirements, or
those imposing the higher standards, govern.
B. In the case of a difference of meaning or implication between the text of this chapter and the
captions or headings for each section, the text controls. Statements of intent or purpose are not
regulatory.
C. When interpreting the meaning of this chapter, subsections of the chapter must be construed in a
manner that will give effect to them all as the chapter derives its meaning from the entire body of text
taken together.
D. This chapter applies uniformly within each zoning district to each class or kind of structure, land or
development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 1-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 1 - GENERAL PROVISIONS
E. Graphics are provided to enable understanding of the adopted text. In the event of a conflict between
the text and graphic, the text controls.
sec. 38.100.060. - Donations or grants to public considered a grant to
donee.
Every donation or grant to the public or to any person, society or corporation marked or noted on a plat
or plan is a grant to the donee.
sec. 38.100.070. - Conditions of approval applicable to both zoning and
subdivision review.
A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions
to land subdivided or developed, or a use undertaken, is an exercise of valid police power delegated
by the state to the city. Persons undertaking the subdivision, development or use of land have the
duty of complying with reasonable conditions for design, dedication, improvement and restrictive use
of the land so as to conform to the physical and economic development of the city, and to the health,
safety, and general welfare of the future lot owners and of the community at large. Such conditions
may require compliance with more than the minimum standards established by this chapter.
B. Compliance with the requirements and procedures of this chapter or other duly adopted applicable
law, standard, or procedure does not constitute a condition of approval and is not affected by the
limitations of subsection C of this section or other process limitations on conditions of approval.
C. Conditions of approval may not be added after final action, including the resolution of appeals, to
grant preliminary approval to a proposed subdivision or other development unless:
1. The conditions are necessary to correct inaccurate or incomplete information provided with an
application, which error is discovered after the preliminary approval action; and
2. The project is not completed within the time period provided in the approval or by this chapter
and the applicant requests an extension of the approval period; or
3. The requirement is part of an improvements agreement and security for completion of required
improvements prior to filing a final plat or other development.
D. Should the owner seek material modifications (e.g., changes to the purpose, nature, or scope
of a development, infrastructure, or other necessary improvements) to a previously approved
development, or requests to change a condition of approval, the entire application is again opened
for review and additional conditions may be applied. Modifications of conditions of approval must
be reviewed through the same process as the original application. Modifications within the scope of
38.740.120 and not affecting conditions of approval are not material modifications.
E. Exception. Upon written request of the developer, the review authority may amend conditions of
approval where errors or changes beyond the control of the developer have rendered a condition
unnecessary, impossible, or illegal as set forth below. Changes to conditions that are not unnecessary,
impossible, or illegal are subject to the provisions of paragraph D of this section.
1. The written request must be submitted to the community development department.
2. The written consent of all purchasers of land (via contract for deed, etc.) must be included with
the written request to amend conditions.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20251-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 1 - GENERAL PROVISIONS
3. Public notice of the revision must be given in accordance with the type and scope of notice for
the original application as required by this chapter.
4. The review authority may approve the requested change within 10 working days of the close of
any public comment period if it meets the criteria set forth in this chapter.
5. The review authority must issue written findings of fact as required in this chapter for the original
application.
sec. 38.100.080. - Compliance with regulations required.
A. No land may be subdivided, used or occupied, and no building, structure or part of a building
or structure may be erected, constructed, reconstructed, moved or structurally altered, and no
development may commence unless it is in conformity with all of the applicable regulations specified
for the district in which it is located. It is the obligation of the person proposing the development to
demonstrate compliance with all applicable standards and regulations.
B. To the extent reasonable, all city-owned land is subject to applicable regulations of the underlying
zoning district.
sec. 38.100.090. - Development that lies within multiple jurisdictions.
If a proposed development lies partly within the city and partly within unincorporated Gallatin County,
the proposed development must be submitted to and approved by both the city and the county.
sec. 38.100.100. - Private restrictions and city required covenants.
A. The city has no duty to enforce private restrictions or advise of their existence.
B. The city may enforce a covenant or restriction if the city is a party to the covenant or restriction, if
the covenant or restriction was required by the city, or if it was relied upon by the city during the land
development process to meet the requirements of this chapter or another required standard.
C. The city may prohibit private restrictions that violate applicable law.
D. Covenants are subject to the requirements of 38.720.030.
sec. 38.100.110. - Severability.
A. Where any word, phrase, clause, sentence, paragraph, or section or other part of this chapter is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, the
judgment will affect only that part held invalid and the decision will not affect, impair or nullify this
chapter as a whole or any other part of this chapter.
B. If this chapter is more restrictive than any other applicable law, this chapter controls, and if any other
law is more restrictive, the more restrictive standard takes precedence over a standard in this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 1-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 1 - GENERAL PROVISIONS
Division 38.110. - ADOPTED PLANS,
STANDARDS AND RESOLUTIONS
sec. 38.110.010. - Documents adopted by reference.
Administrative manuals, resolutions, standards, or other documents are referenced by title in this Chapter
and are hereby incorporated by this reference. Such documents have the meaning, scope, and authority
granted by this chapter and identified in the document.
sec. 38.110.020. - Figures.
The figures in this chapter are for illustrative purposes only and do not constitute regulatory standards.
Figures may be revised, replaced, or added by administrative order issued by the community
development director.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20251-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 2. -
ZONING DISTRICTS
DIVISION 38.200. - ZONING DISTRICTS AND MAP ..................................................................2-3
Sec. 38.200.010. - Purpose. ...........................................................................................................................2-3
Sec. 38.200.020. - Districts designated, zoning map adopted. ..............................................................2-3
Sec. 38.200.030. - Official zoning map. ......................................................................................................2-4
Sec. 38.200.040. - Zoning district boundaries. ..........................................................................................2-4
Sec. 38.200.050. - Zoning of annexed territory. .........................................................................................2-5
DIVISION 38.210. - RESIDENTIAL DISTRICTS ...........................................................................2-6
Sec. 38.210.010. - Purpose. ...........................................................................................................................2-6
Sec. 38.210.020. - R-A [Residential-A] .........................................................................................................2-8
Sec. 38.210.030. - R-B [Residential-B] .......................................................................................................2-10
Sec. 38.210.040. - R-C [Residential-C] .......................................................................................................2-12
Sec. 38.210.050. - R-D [Residential-D] .......................................................................................................2-14
DIVISION 38.220. - COMMERCIAL AND MIXED USE DISTRICTS ..........................................2-17
Sec. 38.220.010. - Purpose. ...........................................................................................................................2-17
Sec. 38.220.020. - B-1 [Local Service Mixed use] ....................................................................................2-20
Sec. 38.220.030. - B-2 [Community Business] ........................................................................................2-22
Sec. 38.220.040. - B-2M [Community Mixed use] ..................................................................................2-24
Sec. 38.220.050. - B-3 [Downtown Mixed use] .......................................................................................2-26
Sec. 38.220.060. - B-3C [Downtown Core] .............................................................................................2-28
Sec. 38.220.070. - REMU [Residential Emphasis Mixed use] .................................................................2-30
Sec. 38.220.080. - NEHMU [Northeast Historic Mixed use] ..................................................................2-34
DIVISION 38.230. - INDUSTRIAL DISTRICTS ...........................................................................2-38
Sec. 38.230.010. - Purpose. ..........................................................................................................................2-38
Sec. 38.230.020. - B-P [Business Park] ......................................................................................................2-40
Sec. 38.230.030. - M-1 [Light Manufacturing] ..........................................................................................2-42
Sec. 38.230.040. - M-2 [Manufacturing & Industrial] ..............................................................................2-44
DIVISION 38.240. - SPECIAL DISTRICTS ..................................................................................2-46
Sec. 38.240.010. - PLI [Public Lands & Institutions] ................................................................................2-46
Sec. 38.240.020. - NCOD [Neighborhood Conservation Overlay District] .......................................2-47
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.250. - PLANNED DEVELOPMENT .......................................................................2-57
Sec. 38.250.010. - PDZ [Planned Development Zone] ...........................................................................2-57
Sec. 38.250.020. - Legacy Planned Unit Developments ........................................................................2-72
DIVISION 38.260. - RULES OF INTERPRETATION ..................................................................2-76
Sec. 38.260.010. - General provisions........................................................................................................2-76
Sec. 38.260.020. - Lot size. ..........................................................................................................................2-79
Sec. 38.260.030. - Density. ...........................................................................................................................2-80
Sec. 38.260.040. - Coverage. ......................................................................................................................2-82
Sec. 38.260.050. - Streetscape. ...................................................................................................................2-89
Sec. 38.260.060. - Setbacks .........................................................................................................................2-91
Sec. 38.260.070. - Transitions. .....................................................................................................................2-95
Sec. 38.260.080. - Frontage. ........................................................................................................................2-99
Sec. 38.260.090. - Parking location. ........................................................................................................2-103
Sec. 38.260.100. - Vertical massing. .........................................................................................................2-105
Sec. 38.260.110. - Horizontal massing. ....................................................................................................2-110
Sec. 38.260.120. - Activation ......................................................................................................................2-113
Sec. 38.260.130. - Floor height. ..................................................................................................................2-114
Sec. 38.260.140. - Windows. .......................................................................................................................2-118
Sec. 38.260.150. - Entrances. .....................................................................................................................2-125
Sec. 38.260.160. - Supplemental standards. ..........................................................................................2-130
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Division 38.200. - ZONING DISTRICTS AND
MAP
sec. 38.200.010. - Purpose.
Individual zoning districts are adopted for the purposes described in 38.100.040. Furthermore:
A. A variety of districts is established to provide locations for the many uses needed within a healthy and
dynamic community.
B. Each district, in conjunction with other standards incorporated in this chapter, establishes allowable
uses of property, separates incompatible uses, and sets certain standards for use of land.
C. This provides predictability and reasonable expectation in use of land within particular zoning
designations and sites.
D. The zoning provisions implement the community goals and objectives that are contained in the city's
adopted land use plan.
E. Zoning districts and the zoning map communicate the City's expectation for land use in each
particular district.
sec. 38.200.020. - Districts designated, zoning map adopted.
A. The city is divided into zoning districts, as shown on the official zoning map which, together with all
explanatory matter, is adopted by this reference and declared to be a part of this chapter.
B. The purpose statement for a zoning district does not constitute regulatory standards but should be
used to guide the application of future zone map amendments. The purpose statements should be
used to guide interpretation and application of land use regulations within each zoning district, and
any changes to the range of permitted uses within each zoning district through text amendments to
this chapter.
C. It is presumed that development consistent with the standards of a zoning district is not detrimental
to adjacent uses within that district or a different district.
D. For the purpose of this chapter, the city is divided and classified into the following zoning districts:
RESIDENTIAL DISTRICTS
R-A Residential Low
R-B Residential Low-Medium
R-C Residential Medium
R-D Residential High
COMMERCIAL AND MIXED-USE DISTRICTS
B-1 Local Service Mixed Use
B-2 Community Business
B-2M Community Mixed Use
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
B-3 Downtown Mixed Use
B-3C Downtown Mixed Use Core
REMU Residential Emphasis Mixed Use
NEHMU Northeast Historic Mixed Use
INDUSTRIAL DISTRICTS
B-P Business Park
M-1 Light Manufacturing
M-2 Manufacturing and Industrial
SPECIAL DISTRICTS
PLI Public Lands and Institutions
NCOD Neighborhood Conservation Overlay District
PLANNED DEVELOPMENT DISTRICTS
PDZ Planned Development Zone
E. Placement of any given zoning district on an area depicted on the zoning map indicates a judgment
on the part of the city that the range of uses allowed within that district are generally acceptable
in that location. It is not a guarantee of approval for any given use prior to the completion of
the appropriate review procedure and compliance with all of the applicable requirements and
development standards of this chapter and other applicable policies, laws and ordinances. It is also
not a guarantee of immediate infrastructure availability or a commitment on the part of the city to
bear the cost of extending services.
sec. 38.200.030. - Official zoning map.
A. The location and boundaries of zoning districts established by this chapter are shown and maintained
as part of the City’s Geographic Information System (GIS). The GIS Zoning layer constitutes the city of
Bozeman's official zoning map.
B. At the direction of the city commission after following the procedures of 38.770, the director is
authorized to revise the official zoning map. No unauthorized person may alter or modify the official
zoning map.
C. The community development department must maintain digital or printed copies of the official
zoning map and maintain records of superseded official maps.
sec. 38.200.040. - Zoning district boundaries.
A. When establishing a zoning district boundary, the following guidelines must be considered:
1. Boundaries adjacent to the city limits must be taken to the city limits.
2. Zoning districts are discouraged from dividing an individual parcel or block.
3. When a parcel intended for future subdivision is proposed to include two or more districts the
boundary placement should approximately follow the anticipated centerline of streets, highways
or alley, or other visible physical feature where such information is available.
B. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the
boundaries must be interpreted as following the nearest logical line to that shown:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
1. Boundaries indicated as approximately following city limits must be construed as following the
city limits;
2. Boundaries indicated as approximately following platted lot lines must be construed as following
those lot lines; and
3. When a parcel subject to two or more districts is subdivided and the district boundary is near a
new parcel boundary the district must be construed to follow the new boundary.
a. Boundaries indicated as approximately following the centerline of streets, highways or alleys
must be construed to follow such centerlines;
b. Boundaries indicated as following the centerline of streams, rivers, canals or ditches must be
construed to follow the centerlines of the stream, river, canal or ditch; and
c. Boundaries indicated as parallel to or extensions of features indicated on the official zoning
map must be determined by the scale of the map.
C. Where physical or cultural features existing on the ground are at variance with those shown on the
official zoning map, or where other circumstances or controversy arise over district boundaries, the
community development director must interpret the district boundary. The interpretation is subject
to appeal per 38.760.
D. Where district boundaries divide a lot or parcel into two or more districts, the following rule applies:
1. For the purpose of determining permitted uses and development form and intensity, the
community development director may allow minor adjustments (up to ten % increase or decrease
in area, not to exceed one acre, of either zone on the applicable lot) to the zoning boundary. The
criteria for making such a determination must include an evaluation of the future land use map
of the land use plan, site topography, proximity of non-compatible uses adjacent to the subject
property, and overall function and integration of the development with the community.
sec. 38.200.050. - Zoning of annexed territory.
All territory annexed to the city must, in conjunction with the annexation, be the subject of a zone
map amendment in order to be designated and assigned to a municipal zoning district; or, the city
commission may establish by resolution default zones to apply upon annexation based on the future land
use map of the adopted land use plan.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
Division 38.210. - RESIDENTIAL DISTRICTS
sec. 38.210.010. - Purpose.
The purpose of the Residential Districts is to establish areas within the city that are primarily residential
in character and to create standards for development within those areas, while allowing for a variety of
housing types and complementary nonresidential uses.
A. R-A Residential-A
1. The R-A district is intended primarily to
accommodate a variety of residential
housing options including single-unit
dwellings, accessory dwelling units (ADUs),
duplexes, townhouses, and rowhouses with
up to 2 units.
2. Compatible group residential, cultural,
park, open space, utility, and day care uses
supplement allowed residential uses.
B. R-B Residential-B
1. The R-B district is intended primarily to
accommodate a variety of residential
housing options including single-unit
dwellings, accessory dwelling units
(ADUs), duplexes, townhouses, rowhouses,
triplexes, fourplexes, and multi-unit
dwellings with up to 8 units.
2. Compatible group residential, cultural,
park, open space, utility, and day care uses
supplement allowed residential uses.
ARTICLE 2 - ZONING DISTRICTS
RESIDENTIAL DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
RESIDENTIAL DISTRICTS
C. R-C Residential-C
1. The R-C district is intended primarily to
accommodate a variety of residential
housing options including single-unit
dwellings, accessory dwelling units
(ADUs), duplexes, townhouses, rowhouses,
triplexes, fourplexes, and multi-unit
dwellings with up to 24 units.
2. Compatible group residential, cultural,
park, open space, utility, and day care
uses supplement allowed residential uses.
Neighborhood-serving day care, medical
and office uses are also allowed but are
limited in scale.
D. R-D Residential-D
1. The R-D district is intended primarily to
accommodate a variety of residential housing
options including single-unit dwellings,
accessory dwelling units (ADUs), duplexes,
townhouses, rowhouses, triplexes, fourplexes,
and multi-unit dwellings.
2. Compatible group residential, cultural,
park, open space, utility, and day care
uses supplement allowed residential uses.
Neighborhood-serving day care, medical,
office, personal service, restaurant and retail
uses are also allowed but are limited in scale.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.210.020. - R-A [RESIDENTIAL-A]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)
Townhouse 15'
All other structures 25'
2. Density Sec. 38.260.030
Minimum density per net acre 10 du/a
3. Coverage Sec. 38.260.040
B Building coverage (max)40%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min)10'
F Side street (min)10'
Street-facing garage (min)20'
G Side (min)
Townhouse - common wall 0'
Townhouse - exterior wall 5'
All other structures 5'
Rear (min)10'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions n/a
7. Frontage Sec. 38.260.080
Build-to n/a
8. Parking Location Sec. 38.260.090
Primary street setback Allowed
Side street setback Allowed
Side setback Allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Building height (max)40'
B Wall plate height (max)22'
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)2
C Building width: primary street (max)80'
D Building width: side street (max)80'
3. Activation Sec. 38.260.120
Active depth (min)n/a
4. Floor Height Sec. 38.260.130
E Ground story height (min)9'
f Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
g Ground story (min)20%20%
H Upper story (min)15%15%
I Blank wall width (max)10'20'
6. Entrances Sec. 38.260.150
J Street-facing entry spacing (max)40'60'
Entry feature Required n/a
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
R-A [RESIDENTIAL-A]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.210.030. - R-B [RESIDENTIAL-B]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)
Townhouse 15'
All other structures 25'
2. Density Sec. 38.260.030
Minimum density per net acre 12 du/a
3. Coverage Sec. 38.260.040
B Building coverage (max)40%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min)10'
F Side street (min)10'
Street-facing garage (min)20'
G Side (min)
Townhouse - common wall 0'
Townhouse - exterior wall 5'
All other structures 5'
Rear (min)10'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions n/a
7. Frontage Sec. 38.260.080
Build-to n/a
8. Parking Location Sec. 38.260.090
Primary street setback Allowed
Side street setback Allowed
Side setback Allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Building height (max)45'
B Wall plate height (max)33'
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)8
C Building width: primary street (max)120'
D Building width: side street (max)120'
3. Activation Sec. 38.260.120
Active depth (min)n/a
4. Floor Height Sec. 38.260.130
E Ground story height (min)9'
F Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
G Ground story (min)20%20%
H Upper story (min)15%15%
I Blank wall width (max)10'20'
6. Entrances Sec. 38.260.150
J Street-facing entry spacing (max)40'60'
Entry feature Required n/a
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
R-B [RESIDENTIAL-B]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.210.040. - R-C [RESIDENTIAL-C]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)
Townhouse 15'
All other structures 25'
2. Density Sec. 38.260.030
Minimum density per net acre 18 du/a
3. Coverage Sec. 38.260.040
B Building coverage (max)60%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)10'/15'
F Side street (min/max)10'/15'
Street-facing garage (min)20'
G Side (min)
Townhouse - common wall 0'
Townhouse - exterior wall 5'
All other structures 5'
Rear (min)10'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions n/a
7. Frontage Sec. 38.260.080
Build-to
I Primary street 60%
J Side street 30%
8. Parking Location Sec. 38.260.090
Primary street setback Allowed
Side street setback Allowed
Side setback Allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Building height (max)50'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)24
B Building width: primary street (max)150'
C Building width: side street (max)150'
3. Activation Sec. 38.260.120
D Active depth (min)9'
4. Floor Height Sec. 38.260.130
E Ground story height (min)9'
F Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
G Ground story (min)30%30%
H Upper story (min)15%15%
I Blank wall width (max)10'20'
6. Entrances Sec. 38.260.150
J Street-facing entry spacing (max)40'60'
Entry feature Required n/a
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
R-C [RESIDENTIAL-C]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.210.050. - R-D [RESIDENTIAL-D]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)
Townhouse 15'
All other structures 25'
2. Density Sec. 38.260.030
Minimum density per net acre 24 du/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)6'
D Boulevard strip width (min)6'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)10'/15'
F Side street (min/max)10'/15'
G Side (min)
Townhouse - common wall 0'
Townhouse - exterior wall 5'
All other structures 5'
Rear (min)10'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 80%
J Side street 40%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Building height (max)60'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)
Residential 9'
Nonresidential 15'
4. Floor Height Sec. 38.260.130
D Ground story height (min)
Residential 9'
Nonresidential 12'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)
Residential 30%30%
Nonresidential 50%30%
G Upper story (min)15%15%
H Blank wall width (max)10'20'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)40'60'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
R-D [RESIDENTIAL-D]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
Division 38.220. - COMMERCIAL AND MIXED
USE DISTRICTS
sec. 38.220.010. - Purpose.
The purpose of the Commercial and Mixed Use Districts is to establish areas within the city that provide
the types of professional and personal services, retail, restaurants, residences, and other establishments
necessary for economic health and vibrancy, and to create standards for development within those areas
at a variety of scales and intensities.
A. B-1 Local Service Mixed Use
1. The B-1 district is intended primarily to
accommodate a variety of neighborhood-
serving office, personal service, restaurant
and retail uses.
2. To help ensure commercial uses
are compatible with the residential
neighborhoods they are interned to serve,
individual tenant sizes cannot exceed
10,000 square feet.
3. To help maintain the commercial integrity
of the district, multi-unit dwellings are
allowed but are limited in extent.
B. B-2 Community Business
1. The B-2 district is intended to
accommodate a wide variety of office,
personal service, restaurant, retail,
employment and residential uses.
2. To help preserve land for commercial
and employment uses, residential uses
are allowed only in the upper stories of
buildings. Residential uses may be allowed
on the ground story through the special
use process.
ARTICLE 2 - ZONING DISTRICTS
COMMERCIAL & MIXED USE DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
C. B-2M Community Mixed Use
1. The B-2M district is intended to
accommodate a wide variety of office,
personal service, restaurant, retail,
employment and residential uses.
2. There are no limits on the location or
amount of residential uses.
D. B-3 Downtown Mixed Use
1. The B-3 district is intended to
accommodate government service and
cultural activities with residential, office,
personal service, restaurant, retail and
employment uses as essential supporting
uses within the City’s downtown area.
2. There are no limits on the location or
amount of residential uses.
E. B-3C Downtown Core
1. The B-3C district is intended to
accommodate the highest concentration
of retail, restaurant, and pedestrian activity
in the city.
2. To help create and foster a highly active
and pedestrian-oriented area, residential
uses are only allowed in the upper stories
of buildings.
3. To help ensure new construction respects
the historic character of the area, buildings
cannot exceed 3 stories in height at the
sidewalk and the fourth story must be
stepped back.
ARTICLE 2 - ZONING DISTRICTS
COMMERCIAL & MIXED USE DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
COMMERCIAL & MIXED USE DISTRICTS
F. REMU Residential Emphasis Mixed Use
District
1. The REMU district is intended to create new
walkable neighborhoods that are primarily
residential in character but provide
options for employment, retail and service
opportunities.
2. REMU is intended to be developed with
a mix of uses that encourage a range of
building types, scales, densities, and site
configurations.
3. 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. To help ensure
they are compatible with the residential
neighborhoods they are intented to serve,
non-residential uses are limited in size.
4. REMU is intended primarily for sites at least
five acres in size.
G. NEHMU Northeast Historic Mixed Use
1. The NEHMU district is intended to
accommodate a variety of light industrial
and manufacturing uses while also allowing
for retail, service and commercial activity
and residential opportunities.
2. The unique qualities of the area are not
found elsewhere in the city and should be
preserved as a place offering additional
opportunities for creative integration of
residential, commercial and industrial land
uses.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.020. - B-1 [LOCAL SERVICE MIXED USE]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)15'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)6'
D Boulevard strip width (min)6'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)1'/20'
F Side street (min/max)1'/20'
G Side (min)0'
Rear (min)0'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 60%
J Side street 30%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)45'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)125'
3. Activation Sec. 38.260.120
C Active depth (min)
Residential 9'
Nonresidential 20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)
Residential 9'
Nonresidential 15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)
Residential 30%30%
Nonresidential 60%30%
G Upper story (min)15%15%
H Blank wall width (max)15'25'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)
Residential 40'60'
Nonresidential 60'100'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
B-1 [LOCAL SERVICE MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.030. - B-2 [COMMUNITY BUSINESS]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)25'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)6'
D Boulevard strip width (min)6'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)1'/20'
F Side street (min/max)1'/20'
G Side (min)0'
Rear (min)0'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 70%
J Side street 35%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)60'
In a regional commercial &
services land use designation 90'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)60%30%
G Upper story (min)15%15%
H Blank wall width (max)15'20'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)60'100'
Entry feature Required Required
Options • Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
B-2 [COMMUNITY BUSINESS]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.040. - B-2M [COMMUNITY MIXED USE]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)15'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)6'
D Boulevard strip width (min)6'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)1'/20'
F Side street (min/max)1'/20'
G Side (min)0'
Rear (min)0'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 70%
J Side street 35%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)60'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)
Residential 9'
Nonresidential 20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)
Residential 9'
Nonresidential 15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)
Residential 30%30%
Nonresidential 60%30%
G Upper story (min)15%15%
H Blank wall width (max)15'20'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)
Residential 40'60'
Nonresidential 60'100'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
B-2M [COMMUNITY MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.050. - B-3 [DOWNTOWN MIXED USE]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)15'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
A Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)6'
D Boulevard strip width (min)6'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)1'/10'
F Side street (min/max)1'/10'
G Side (min)0'
Rear (min)0'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 80%
J Side street 40%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)90'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)
Residential 9'
Nonresidential 20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)
Residential 12'
Nonresidential 15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)
Residential 30%30%
Nonresidential 60%30%
G Upper story (min)15%15%
H Blank wall width (max)15'20'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)40'60'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
B-3 [DOWNTOWN MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.060. - B-3C [DOWNTOWN CORE]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
Width (min)0'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
A Building coverage (max)100%
Amenity space (min per unit)n/a
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
b Sidewalk width (min)6'
C Boulevard strip width (min)6'
Type Storefront
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
D Primary street (min/max)1'/5'
E Side street (min/max)1'/5'
F Side (min)0'
Rear (min)0'
G Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions n/a
7. Frontage Sec. 38.260.080
Build-to
H Primary street 90%
I Side street 45%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)60'
B Wall plate height (max)45'
C 4th story step back (min)16'
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
D Building width (max)150'
3. Activation Sec. 38.260.120
E Active depth (min)30'
4. Floor Height Sec. 38.260.130
F Ground story height (min)15'
G Ground floor elevation (min/max)0'/1'
Primary St.Side St.
5. Windows Sec. 38.260.140
H Ground story (min)60%30%
I Upper story (min)15%15%
J Blank wall width (max)15'20'
6. Entrances Sec. 38.260.150
K Street-facing entry spacing (max)40'60'
Entry feature Required Required
Options • Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
B-3C [DOWNTOWN CORE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.070. - REMU [RESIDENTIAL EMPHASIS
MIXED USE]A. Residential: Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)
Townhouse 15'
All other structures 25'
2. Density Sec. 38.260.030
Minimum density per net acre 24 du/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)6'
D Boulevard strip width (min)6'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)10'/20'
F Side street (min/max)10'/20'
G Side (min)
Townhouse - common wall 0'
Townhouse - exterior wall 5'
All other structures 5'
Rear (min)10'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 70%
J Side street 35%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Residential: Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Building height (max)60'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)9'
4. Floor Height Sec. 38.260.130
D Ground story height (min)9'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)30%30%
G Upper story (min)15%15%
H Blank wall width (max)10'20'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)40'60'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
7. Supplemental Standards
Development review applications may be submitted for sites under 5 acres, though districts are encouraged to be at least 5 acres in size, and any site 5 acres or larger will require a master site plan. - 38.260.160.A
ARTICLE 2 - ZONING DISTRICTS
REMU [RESIDENTIAL EMPHASIS MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
C. Mixed Use: Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)15'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)1'/20'
F Side street (min/max)1'/20'
G Side (min)0'
Rear (min)0'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions n/a
7. Frontage Sec. 38.260.080
Build-to
I Primary street 70%
J Side street 35%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
sEC. 38.220.070. - REMU [RESIDENTIAL EMPHASIS
MIXED USE]
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
D. Mixed Use: Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)60'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)
Residential 9'
Nonresidential 20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)
Residential 9'
Nonresidential 15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)
Residential 30%30%
Nonresidential 60%30%
G Upper story (min)15%15%
H Blank wall width (max)15'20'
6. Doors Sec. 38.260.150
I Street-facing entry spacing (max)
Residential 40'60'
Nonresidential 60'100'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
7. Supplemental Standards
Non-residential uses cannot exceed 30% of the total gross building square footage of all uses within the project. 38.260.010.A
Development review applications may be submitted for sites under 5 acres, though districts are encouraged to be at least 5 acres in size, and any site 5 acres or larger will require a master site plan. - 38.260.160.A
ARTICLE 2 - ZONING DISTRICTS
REMU [RESIDENTIAL EMPHASIS MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.220.080. - NEHMU [NORTHEAST HISTORIC
MIXED USE]A. Residential: Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)
Townhouse 15'
All other structures 25'
2. Density Sec. 38.260.030
Minimum density per net acre 10 du/a
3. Coverage Sec. 38.260.040
B Building coverage (max)40%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min)10'
F Side street (min)10'
Street-facing garage (min)20'
G Side (min)
Townhouse - common wall 0'
Townhouse - exterior wall 5'
All other structures 5'
Rear (min)10'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions n/a
7. Frontage Sec. 38.260.080
Build-to n/a
8. Parking Location Sec. 38.260.090
Primary street setback Allowed
Side street setback Allowed
Side setback Allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Residential: Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Building height (max)50'
B Wall plate height (max)33'
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)4
Building size (max)5,000 SF
C Building width: primary street (max)80'
D Building width: side street (max)80'
3. Activation Sec. 38.260.120
Active depth (min)n/a
4. Floor Height Sec. 38.260.130
E Ground story height (min)9'
F Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
G Ground story (min)20%20%
H Upper story (min)15%15%
I Blank wall width (max)10'20'
6. Entrances Sec. 38.260.150
J Street-facing entry spacing (max)40'60'
Entry feature Required n/a
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
NEHMU [NORTHEAST HISTORIC MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
C. Mixed Use: Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)15'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min/max)1'/20'
F Side street (min/max)1'/20'
G Side (min)0'
Rear (min)0'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 70%
J Side street 35%
8. Parking Location Sec. 38.260.090
Parking between building and street Not allowed
ARTICLE 2 - ZONING DISTRICTS
sEC. 38.220.080. - NEHMU [NORTHEAST HISTORIC
MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
D. Mixed Use: Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)50'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)200'
3. Activation Sec. 38.260.120
C Active depth (min)20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)60%30%
G Upper story (min)15%15%
H Blank wall width (max)15'20'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)60'100'
Entry feature Required Required
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
NEHMU [NORTHEAST HISTORIC MIXED USE]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
INDUSTRIAL DISTRICTS
Division 38.230. - INDUSTRIAL DISTRICTS
sec. 38.230.010. - Purpose.
The purpose of the Industrial Districts is to establish areas within the city that provide opportunities for a
variety of employment and industrial activity while minimizing adverse impacts, and to create standards
for development within those areas at a variety of scales and intensities.
A. B-P Business Park
1. The B-P district is intended to
accommodate employment and
technology hubs with research and
collaboration activity, containing leading-
edge anchor institutions that foster
company clusters, start-ups, business
incubators, and accelerators.
2. Limited commercial and residential activity
is allowed in order to support a more
balanced live-work environment.
B. M-1 Light Manufacturing
1. The M-1 district is intended to
accommodate a variety of wholesale trade,
storage and warehousing, trucking and
transportation, and light manufacturing
uses.
2. The majority of activity is anticipated to
be conducted indoors with only limited
accessory outdoor storage.
3. Limited commercial and residential activity
is allowed in order to support a more
balanced live-work environment.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
INDUSTRIAL DISTRICTS
C. M-2 Manufacturing & Industrial
1. The M-2 district is intended to
accommodate the most intensive heavy
manufacturing and industrial uses activity
in the City.
2. A significant amount of outdoor activity is
anticipated to take place.
3. Limited commercial activity is allowed in
order to support a more balanced live-
work environment.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.230.020. - B-P [BUSINESS PARK]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)150'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)75%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)2%
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Mixed
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
e Primary street (min/max)10'/30'
f Side street (min)10'/30'
G Side (min)3'
Rear (min)3'
H Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to
I Primary street 50%
J Side street 25%
8. Parking Location Sec. 38.260.090
Parking between building and street
Allowed - limited to 50% of street frontage
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)
In a regional commercial &
services land use designation 60'
All other land use designations 80'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
B Building width (max)250'
3. Activation Sec. 38.260.120
C Active depth (min)20'
4. Floor Height Sec. 38.260.130
D Ground story height (min)
Residential 9'
Nonresidential 15'
E Ground floor elevation (min/max)-2'/5'
Primary St.Side St.
5. Windows Sec. 38.260.140
F Ground story (min)
Residential 30%30%
Nonresidential 40%30%
G Upper story (min)15%15%
H Blank wall width (max)20'30'
6. Entrances Sec. 38.260.150
I Street-facing entry spacing (max)75'125'
Entry feature Required n/a
Options • Porch• Covered entry• Recessed entry
ARTICLE 2 - ZONING DISTRICTS
B-P [BUSINESS PARK]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.230.030. - M-1 [LIGHT MANUFACTURING]
A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Lot Size Sec. 38.260.020
A Width (min)75'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Coverage Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)
Up to 1 sleeping room 100 sf
2+ sleeping rooms 150 sf
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Landscape
Tree spacing (max)35' avg. on center
5. Setbacks Sec. 38.260.060
E Primary street (min)10'
F Side street (min)10'
G Side (min)3'
H Rear (min)3'
Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to n/a
8. Parking Location Sec. 38.260.090
Parking between building and street
Allowed - limited to 50% of street frontage
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-43 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)60'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
Building width (max)n/a
3. Activation Sec. 38.260.120
Active depth (min)n/a
4. Floor Height Sec. 38.260.130
Ground floor elevation (min/max)n/a
Primary St.Side St.
5. Windows Sec. 38.260.140
b Ground story (min)30%30%
Upper story (min)n/a n/a
Blank wall width (max)n/a n/a
6. Entrances Sec. 38.260.150
c Street-facing entry spacing (max)200'n/a
Entry feature n/a n/a
ARTICLE 2 - ZONING DISTRICTS
M-1 [LIGHT MANUFACTURING]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-44 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.230.040. - M-2 [MANUFACTURING &
INDUSTRIAL]A. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Size Sec. 38.260.020
A Width (min)100'
2. Density Sec. 38.260.030
Minimum density per net acre n/a
3. Open Space Sec. 38.260.040
B Building coverage (max)100%
Amenity space (min per unit)n/a
Commercial open space (min)n/a
4. Streetscape Sec. 38.260.050
C Sidewalk width (min)5'
D Boulevard strip width (min)5'
Type Landscape
Tree spacing (max)
25-30' avg. on center, depending on species
5. Setbacks Sec. 38.260.060
E Primary street (min)10'
F Side street (min)10'
G Side (min)3'
H Rear (min)3'
Alley (min)5'
6. Transitions Sec. 38.260.070
Building setback and height transitions Required
7. Frontage Sec. 38.260.080
Build-to n/a
8. Parking Location Sec. 38.260.090
Parking between building and street Allowed
ARTICLE 2 - ZONING DISTRICTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-45 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
B. Building Standards
Refer to Sec. 38.260 for a description of each building standard
1. Vertical Massing Sec. 38.260.100
A Height (max)60'
Wall plate height (max)n/a
2. Horizontal Massing Sec. 38.260.110
Dwelling units per building (max)n/a
Building width (max)n/a
3. Activation Sec. 38.260.120
Active depth (min)n/a
4. Floor Height Sec. 38.260.130
Ground floor elevation (min/max)n/a
Primary St.Side St.
5. Windows Sec. 38.260.140
Ground story (min)n/a n/a
Upper story (min)n/a n/a
Blank wall width (max)n/a n/a
6. Entrances Sec. 38.260.150
Street-facing entry spacing (max)n/a n/a
Entry feature n/a n/a
ARTICLE 2 - ZONING DISTRICTS
M-2 [MANUFACTURING & INDUSTRIAL]
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-46 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Division 38.240. - SPECIAL DISTRICTS
sec. 38.240.010. - PLI [Public Lands & Institutions]
A. Purpose.
The purpose of the PLI public lands and institutions district is to provide for major public and quasi-
public uses outside of other districts. Not all public and quasi-public uses need to be classified PLI.
Some may fit within another district; however, larger areas will be designated PLI.
B. Applicability.
To the maximum extent allowed by state law, all PLI development must be subject to review and
approval as provided for by this chapter, based upon recommendations received from the applicable
review bodies established by article 7 as may be applicable, and must be required to comply
with all applicable underlying zoning requirements, as well as any requirements for certificates
of appropriateness as established in design objective plans or other overlay district regulations or
guidelines.
C. Lot Standards
Refer to Sec. 38.260 for a description of each lot standard
1. Setbacks Sec. 38.260.060
A Primary street (min)Set by Adjacent District
B Side street (min)Set by Adjacent District
C Side (min)Set by Adjacent District
D Rear (min)Set by Adjacent District
Alley (min)Set by Adjacent District
Except as expressly stated, no additional lot or building standards apply within the PLI district.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-47 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.240.020. - NCOD [Neighborhood Conservation Overlay District]
A. Purpose.
1. All new construction, alterations to existing structures, movement of structures into or out of the
neighborhood conservation overlay district, referred to as the conservation district, or demolition
of structures by any means or process will be subject to design review unless specifically
exempted. The recommendations of the administrative design review staff must be given careful
consideration in the final action of the review authority.
2. This section defines and sets standards which apply to the conservation district.
3. The purpose of the conservation district designation is to stimulate the restoration and
rehabilitation of structures, and all other elements contributing to the character and fabric of
established residential neighborhoods and commercial or industrial areas. New construction will
be invited and encouraged provided primary emphasis is given to the preservation of existing
buildings and further provided the design of such new space enhances and contributes to the
aesthetic character and function of the property and the surrounding neighborhood or area.
Contemporary design will be encouraged, provided it is in keeping with the above-stated criteria,
as an acknowledged fact of the continuing developmental pattern of a dynamic, changing
community.
4. In view of the fact that most of the area included within the boundaries of the conservation
district was developed and built out prior to the adoption of zoning and contemporary
subdivision regulations, the construction, development pattern and range of uses is highly
diverse and may not be in compliance with conventional regulatory requirements. This section
recognizes that this diversity is a contributing element of the historic character of these
neighborhoods or areas. The provisions of this section must be applied in a manner that will
encourage the protection and enhancement of the many diverse features for future generations.
5. The conservation district boundary is largely coterminous with the area surveyed in the effort that
led to the listing of nine historic districts and 40 additional landmark structures in the National
Register of Historic Places, and includes the nine designated historic districts and 40 individual
landmarks. The district boundary may be revised as additional cultural resource survey work
is completed. This section sets the means of protecting and enhancing structures within the
conservation district.
6. It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic landmarks
or other built or natural features for the educational, cultural, economic benefit or enjoyment
of citizens of the city. It will be the policy and responsibility of the administrative entities of this
section to:
a. Protect, preserve, enhance and regulate historically significant structures, archaeological or
cultural sites, and areas that:
(1) Are reminders of past eras, events or persons important in local, state or national history;
(2) Provide significant examples of land planning or architectural styles, or are landmarks in
the history of land planning and architecture;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-48 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(3) Are unique or irreplaceable assets to the city and its neighborhoods;
(4) Provide examples of physical surroundings in which past generations lived; or
(5) Represent and express the unique characteristics of small agricultural-based, western
city developmental patterns;
b. Enhance property values through the stabilization of neighborhoods and areas of the city,
increase economic and financial benefits to the city and its inhabitants, and promote tourist
trade and interests;
c. Develop and maintain the appropriate environment for buildings, structures, sites and areas
that reflect varied planning and architectural styles and distinguished phases of the city's
history and prehistory;
d. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of the city's heritage, and cultivate civic pride in the
accomplishments of the past; and
e. Seek to maintain and enhance the many private and public elements that are unique to the
fabric, theme and character of each neighborhood and area, including, but not limited to:
lighting, pathways, street trees, natural areas and other features that may, from time to time,
be identified by the citizens and property owners' of neighborhoods, areas and subsections.
7. It is further the purpose of this article to protect historic structures and sites as defined in article
8 by requiring any person seeking to demolish or move a historic structure or site to comply with
38.740.070 whether or not the structure is located within the NCOD.
B. Administrative design review staff powers and duties within conservation districts.
1. The staff will review and make recommendations to the review authority regarding development
within the neighborhood conservation district in order to maintain the underlying and desirable
characteristics of structures and areas within such districts, while recognizing the need for
innovation and individual expression in the development of these districts.
2. In carrying out this mission, in addition to the duties established in 38.700, the staff must review
any tax abatement or other incentive programs being considered by the city commission that are
designed to stimulate preservation and rehabilitation of structures and properties, and to review
any proposed action or development utilizing these abatement or incentive programs.
C. Conservation district designation or recession.
A site, structure, object, area or district may be designated or rescinded as a landmark, or added to or
removed from the conservation district by the city commission upon recommendation of the Historic
Preservation Advisory Board subject to the provisions of 38.770 and chapter 2, article 5, division 6.
Property owner concurrence is necessary for the designation or rescission of landmark status.
D. Certificate of appropriateness.
1. A certificate of appropriateness is required before any and all alteration(s) other than those
specifically exempted below, or repair(s) as defined in 38.800.190, are undertaken upon any
structure in the conservation district. The review authority for certificates of appropriateness
is established in 38.700.010. Compliance with the terms of the final decision is required. The
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-49 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
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:
a. No building, demolition, 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.
(1) 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:
(a) Fences meeting all other provisions of this chapter 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 38.240.020. Chain link fencing is not included in this exception.
(b) 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.
(c) 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.
(d) 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.
(e) Photovoltaic panels which are flush mounted to a roof.
b. Application, review and public notice procedures for proposals located within the
conservation district are set forth in 38.710, 38.730, and 38.740. If demolition or movement
of structures or sites subject to the conservation district requirements is proposed, the
procedures in 38.240.020.H apply.
E. Standards for certificates of appropriateness.
1. All work performed in completion of an approved certificate of appropriateness must be in
conformance with the most recent edition of the Secretary of the Interior's Standards for
the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring
and Reconstructing Historic Buildings, published by U.S. Department of the Interior, National
Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services,
Washington, D.C. (available for review at the community development department).
2. Architectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures or
properties, and with neighboring structures and properties, must focus upon the following:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-50 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
a. Height;
b. Proportions of doors and windows;
c. Relationship of building masses and spaces;
d. Roof shape;
e. Scale;
f. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
g. Architectural details;
h. Concealment of non-period appurtenances, such as mechanical equipment; and
i. Materials and color schemes (any requirements or conditions imposed regarding color
schemes must be limited to the prevention of nuisances upon abutting properties and
prevention of degradation of features on the property in question. Color schemes may be
considered as primary design elements if a deviation from the underlying zoning is requested).
3. Contemporary, non-period and innovative design of new structures and additions to existing
structures is encouraged when such new construction or additions do not destroy significant
historical, cultural or architectural structures or their components and when such design is
compatible with the foregoing elements of the structure and surrounding structures.
4. When applying the standards of subsections 1 through 3 above, the review authority must be
guided by the design guidelines for the neighborhood conservation overlay district. Application
of the design guidelines may vary by property as explained in the introduction to the design
guidelines. When reviewing a contemporary, non-period, or innovative design for new structures
or additions to existing structures, the review authority must be guided by the design guidelines
for the neighborhood conservation overlay district to determine whether the proposal is
compatible with any existing or surrounding structures.
5. Development in the NCOD must comply with all other applicable development standards of this
chapter.
6. Tax abatement certificate of appropriateness applications are also reviewed with the procedures
and standards established in chapter 2, article 6, division 2.
F. Application requirements for certificates of appropriateness in conservation districts.
Applications for certificates of appropriateness must be made in conjunction with applications for site
plan approval in accordance with 38.740. Where development projects in the conservation district
require only sketch plan review per 38.740, applications for certificates of appropriateness must
be made on a form provided by the community development department, and must include the
information and material set forth in 38.710.
G. Deviations from underlying zoning requirements.
Because the construction of portions of historic Bozeman preceded zoning, subdivision and
construction regulations, some buildings within the conservation district do not conform to
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-51 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
contemporary zoning standards. In order to encourage restoration, rehabilitation and appropriate
new construction activity that would contribute to the overall historic character of the community,
deviations from underlying zoning requirements may be granted as described in 38.760. The criteria
for granting deviations from the underlying zoning requirements are:
1. Modifications must be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in 38.240.020.E, than would be achieved
under a literal enforcement of this chapter;
2. Modifications will have minimal adverse effects on abutting properties or the permitted uses
thereof; and
3. Modifications must assure the protection of the public health, safety and general welfare.
Approvals may be conditioned to assure such protection, and such conditions may include a
time period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications, or any other conditions in conformity
with the purpose set forth in this section.
H. Review of demolition or movement of historic structures or sites.
1. The demolition or movement of any structure or site must be subject to the provisions of this
article. This process applies to:
a. Historic properties and sites, as defined in article 8.
b. Non-historic properties per 38.240.020.J.
c. Unsafe structures whether historic or non-historic per 38.240.020.K. The provisions for
unsafe structures take priority over other provisions for demolition.
2. An application to move or demolish a structure subject to this article must follow the applicable
review procedures.
3. Optional provisional review of demolition. A property owner may request provisional review of
the proposed demolition of a structure subject to this article prior to submittal of a certificate of
appropriateness application for seeking demolition of the structure. The director of community
development may establish criteria for the application for provisional review of demolition.
Provisional review is advisory only and does not constitute approval to demolish a structure.
Provisional review must consider:
a. The property's historic significance and a neighborhood's historical significance.
b. Whether the structure has no viable economic life remaining. "No viable economic life
remaining" means the costs of repair and/or rehabilitation to bring the structure to a habitable
condition as established by the applicable technical codes in article 10.02, exceed the costs
of demolition and redevelopment to minimum standards with a building of the same type and
scale.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-52 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
I. Demolition or movement of a historic structure or site.
1. Certificate of appropriateness (COA) for demolition and subsequent development.
Approval of the proposed subsequent development is required for all historic structures proposed
for demolition and for the proposed movement of any structure or site.
2. Public notice.
Proposals for demolition of historic properties within the city limits require public notice. Notice
of application(s) must be provided in accordance with 38.730.
3. Criteria.
The review authority must consider the following factors in evaluating applications for demolition
or movement of a historic structure or site and subsequent redevelopment:
a. The property's historic significance.
b. Whether the structure has no viable economic life remaining. "No viable economic life
remaining" means the costs of repair and/or rehabilitation to bring the structure to a habitable
condition as established by the applicable technical codes in article 10.02, exceed the costs
of demolition and redevelopment to minimum standards with a building of the same type and
scale.
c. Whether the subsequent development complies with 38.240.020.E.
d. Whether the subsequent development includes construction of new building(s) unless the
existing character of the area does not include buildings.
e. Subsequent development requires a building permit and does not include proposals which
leave the site without building(s) or structure(s).
Notwithstanding the above, for projects proposing the removal of a historic structure, which do
not qualify for sketch plan review pursuant to 38.740.060, the review authority may determine
the proposed subsequent site development is more appropriate for the site based on the criteria
in 38.740.090.
4. Review process.
a. Application.
Upon application for a COA for demolition and subsequent development the review authority
may:
(1) Grant preliminary or final approval of the demolition with standard contingencies and/or
project specific conditions.
(2) Deny the COA application.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-53 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. COA approval.
(1) Preliminary COA approval.
After preliminary approval with contingencies or conditions requiring follow up work,
the applicant may apply for final COA approval and must demonstrate compliance with
development standards and completion of contingencies and conditions, including
documentation. The review authority must approve the COA for demolition and
subsequent development.
(2) Final COA approval.
If the submitted application materials demonstrate compliance with development
standards and completion of contingencies and conditions, including documentation,
the review authority must approve the COA for demolition and subsequent development.
c. Stay of issuance.
If an application for demolition or moving is denied due to failure to meet 38.240.020.I,
issuance of a demolition or moving permit must be stayed for a period of two years from
the date of the denial in order to allow the applicant and city to explore alternatives to the
demolition or move, including, but not limited to, the use of tax credits or adaptive reuse. The
two-year stay may be terminated at any point in time if an alternate proposal is approved
or if sufficient additional evidence is presented to otherwise satisfy the requirements of this
section.
(1) Early termination of two-year stay. An owner of property subject to a stay under this
section may seek early termination of the stay if the owner demonstrates s/he has
actively and in good faith sought alternatives to demolition. These alternatives may
include but are not limited to: listing the property for sale as a historic property; actively
seeking input from neighborhood groups and interested parties; exploring alternative
funding sources for stabilization and/or reconstruction; and offering the property for
relocation.
(2) If, upon expiration of the two-year stay of demolition, no alternate proposals have been
approved or sufficient evidence has not been presented to otherwise terminate the stay,
an application for a demolition permit may be presented to the city pursuant to chapter
10, article 3 or 4 of this Code. If all requirements of the demolition permit are satisfied,
including documentation of the structure to be moved or demolished and the review
authority has approved the subsequent development and has issued a building permit for
the subsequent development, a demolition permit pursuant to chapter 10, article 3 or 4
must be granted and no other proceedings under this chapter are required.
(3) The two-year stay does not begin to run if denial of a COA to demolish a historic
structure or site is based on the failure of the applicant to make a complete and adequate
submittal or to propose a subsequent treatment which complies with the standards of
this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-54 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
d. Standard requirements.
(1) Subsequent development of the site must receive zoning approval, building permit
approval, and pay all related fees prior to issuance of a demolition permit.
(2) Documentation of the structure must be completed and submitted to the historic
preservation officer and deemed complete and adequate prior to issuance of a
demolition permit per 38.240.020.L.
(3) The review authority may require a developer to enter into a development agreement
with the city at the time of issuance of a certificate of appropriateness authorizing
demolition of all or part of a historic structure in the neighborhood conservation overlay
zoning district or in a designated historic district. The development agreement may
provide for conditions of demolition, timing of reconstruction, and may require the
developer to post a surety bond naming the city as a beneficiary for not more than ten %
of the costs of the overall reconstruction budget as a guarantee that construction of the
replacement structure will commence promptly upon completion of the demolition. This
requirement is in addition to any other requirement of this code.
J. Demolition or movement of a non-historic structure or site in the NCOD.
1. Certificate of appropriateness (COA) for demolition and subsequent development.
Required for all properties proposed for demolition or movement of any structure or site.
Subsequent development does not include proposals which leave the site without building(s) or
structure(s).
2. Public notice.
Notice must be provided in accordance with 38.730.
3. Criteria.
a. The applicable criteria are the COA criteria of 38.240.020.E.
b. The subsequent development must include construction of new building(s) unless the
immediately prior character of the area did not include buildings.
4. Review process.
a. Application.
Upon application for a COA for demolition and subsequent development the review authority
may:
(1) Grant preliminary or final approval of the demolition with standard contingencies and/or
project specific conditions.
(2) Deny the COA application.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-55 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. COA approval.
(1) Preliminary COA approval.
After preliminary approval with contingencies or conditions requiring follow up work,
the applicant may apply for final COA approval and must demonstrate compliance with
development standards and completion of contingencies and conditions, including
documentation. The review authority must approve the COA for demolition and
subsequent development.
(2) Final COA approval.
If the submitted application materials demonstrate compliance with development
standards and completion of contingencies and conditions, including documentation,
the review authority must approve the COA for demolition and subsequent development.
c. Standard requirement.
Subsequent treatment of the site must receive zoning approval prior to issuance of a
demolition permit. Subsequent treatment may include replacement with a new building,
integration of the area into a larger site which will support future development, or reclamation
of the site to a safe, graded condition where stormwater runoff and weeds are controlled and
landscaping is reestablished.
K. Demolition or movement of an unsafe structure whether historic or non-historic.
1. Certificate of appropriateness (COA) for demolition and subsequent development.
Upon application and the chief building official's determination that the property is unsafe,
the review authority may approve demolition and subsequent development. Subsequent
development for an unsafe structure may be its replacement with a new building, integration of
the area into a larger site which will support future development, or reclamation of the site to a
safe, graded condition where stormwater runoff and weeds are controlled.
2. Public notice.
Notice must be provided in accordance with 38.730.
3. Nuisance.
The demolition of unsafe properties/structures may be subject to the public nuisance abatement
provisions of chapter 16, article 2 of this code. Upon the chief building official's determination
that the property is unsafe and declaration of a public nuisance if the property owner does not
resolve the unsafe condition, the review authority must give final approval on a COA, which may
be initiated by the city, and the demolition permit will be issued so the city may abate a nuisance.
4. Initiation.
The provisions of this section may be initiated by a land owner; or by the city in accordance with
chapter 16, article 2.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-56 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
L. Documentation and administrative procedures.
1. Documentation.
All structures or sites approved for demolition or moving must be fully documented.
a. The director of community development must establish by administrative order rules for
documentation of non-historic and historic properties. This documentation must be created
by a professional who satisfies professional qualification standards for History, Archeology or
Architectural History, as established by the National Park Service and published in the Code of
Federal Regulations, 36 CFR Part 61.
b. Documentation may be submitted as early in the process as the property owner desires to
support the requested action, and to further the consideration and review of the request, but
not later than prior to issuance of a building permit.
2. Application.
A building permit application, in accordance with applicable codes and requirements, must be
submitted and approved before any demolition or construction is allowed.
3. Fees.
a. All fees and charges applicable to review of the request for demolition and construction of
the subsequent development (e.g. parkland, water rights, impact fees) must be paid prior to
issuance of a building or demolition permit.
b. When required by the city, this must include a financial security in a form approved by the
city attorney ensuring completion of the demolition and reclamation of the site to a safe
condition.
4. Reconstruction as remedy.
In addition to the remedies in 38.700, the owner of any structure or site that is demolished or
moved contrary to the provisions of this section, and any contractor performing such work, may
be required to reconstruct such structure or site in a design and manner identical to its condition
prior to such illegal demolition or move, and in conformance with all applicable codes and
regulations.
M. Safe condition and good repair.
Each property or structure located in the conservation district must be maintained in safe condition
and good repair as required in sections 16.02.030 and 16.02.040. Nothing in this section must be
construed to prevent normal maintenance and repair of any exterior feature of any historic structure
which does not involve a building permit. Interior arrangements or alterations to the interior of a
building must not be subject to this requirement.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-57 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Division 38.250. - PLANNED DEVELOPMENT
sec. 38.250.010. - PDZ [Planned Development Zone]
A. Purpose.
The purpose of the planned development zone (PDZ) district is to provide a general structure and
plan for specific properties to encourage flexibility and innovation that:
1. Create distinct areas with quality urban design and mutually supportive uses; and
2. Support implementation of community plans and goals, including but not limited to the city’s
adopted land use plan; and
3. Provide community benefits through the creation of affordable housing, inclusion of
environmentally sustainable design features, and retention of historic structures; and
4. Protect and promote the health, safety, and general welfare of the community.
B. Planned Unit Developments (PUD)s Approved or Adequate Prior to October 27, 2022.
1. Individual PUDs approved by the city prior to October 27, 2022, and PUD applications received
by the city prior to October 27, 2022 that have completed the adequacy review process
prior to October 27, 2022 must after October 27, 2022 be referred to as Legacy Planned Unit
Developments.
2. Individual Legacy Planned Unit Developments shall be governed by, and may be amended
pursuant to, the rules regarding PUDs in effect prior to October 27, 2022. The PUD regulations
in effect prior to October 27, 2022 are renamed legacy planned unit developments and are in
38.250.020.
C. PDZs Approved After October 27, 2022.
1. PDZ applications approved by the city after October 27, 2022, and submitted PUD applications
that have not completed the adequacy review process prior to October 27, 2022 shall be subject
to the regulations in this division.
2. A PDZ application must identify a standard base zoning district, from those listed in 38.200
(the “reference base district”) for each portion of the PDZ area. Different reference base districts
may be designated for different portions of the property. The project must be designed in
conformance with the standards in this chapter applicable in the reference base district unless an
alternative standard or allowance is approved with the PDZ. If a PDZ has more than one reference
district the boundaries of the different areas should generally follow the boundary guidance of
38.300.040.
3. PDZ districts adopted pursuant to this division must be implemented through the creation of new
zoning districts through zoning map amendments as described in 38.770 and shall be labeled on
the base zone district layer of the city’s official zoning map as "PDZ." Individual PDZ districts are
not added to or listed in 38.200.020.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-58 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
D. Eligibility for Rezoning to PDZ District.
1. An application for rezoning to a PDZ district may only be accepted for review by the city if the
review authority determines that the application complies with the following general criterion
along with the PDZ type-specific criteria in subsection E below, as determined by the director:
a. All property included in the proposed PDZ must be under common ownership or control or
must be the subject of an application filed jointly by the property owners of all the property to
be included.
2. Compliance with the eligibility criteria allows the applicant to begin negotiations with the City
regarding the specific uses, structures, layout, and design that will be used to satisfy the eligibility
criteria.
3. Compliance with the eligibility criteria does not indicate that the PDZ will be approved by the city.
Approval by the city requires a city commission finding that the criteria for approval in subsection
I below are met.
E. Specific PDZ Eligibility Requirements.
The proposed PDZ district must, as determined by the review authority, comply with the eligibility
criteria of at least one of the following five types of PDZ.
1. Affordable Housing PDZ
a. Eligibility
An affordable housing PDZ application must predominantly include residential dwelling units
and must propose:
(1) That all parcels on which single-unit dwellings will be constructed are permitted
to construct an accessory dwelling unit either within the primary building or in a
freestanding accessory building in compliance with the provisions of 38.320.120.B; and
(2) The following amounts and levels of affordable housing:
(a) The PDZ must propose the amounts and levels of affordable housing consistent with
38.340.020 for rental housing:
Table 38.250.010-1. Affordable Homes Required
Type of Housing Minimum Percentage of
Homes
Maximum Percentage of
AMI DurationFor-Sale Dwellings
(includes condominiums)
Single-Household Detached Dwelling =>10% 120% of AMI =>30 years
Single-Household Attached Dwelling =>10% 120% of AMI =>30 years
Multi-Household Dwelling =>10% 120% or AMI =>30 years
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-59 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(b) After the date on which the city commission adopts an ordinance or resolution
establishing a different required amount of affordable housing or a different required
level of income-restriction, the PDZ must provide:
(i) The amounts of housing and the levels of income-restriction required by those
ordinances or restrictions, for a period of at least 30 years; or
(ii) At least an equivalent level of affordable housing benefit to the city, to be
determined during the PDZ review and approval process, for a period of at least
30 years.
b. Flexibility Allowed
Eligible affordable housing PDZs may request an adjustment or waiver of any non-procedural
provision in this chapter if that adjustment or waiver will contribute to achieving the
preservation or production of housing at a lower cost than would otherwise be possible under
the reference base district. The city may not adjust or waive any provision imposed by state or
federal law or regulation.
2. Historic Structure/Site PDZ
a. Eligibility
A historic structure/site PDZ application must propose:
(1) Inclusion of an existing structure or site that is currently designated or is documented
as eligible for designation on a city or state list of historic structures; or on the National
Register of Historic Places within a contiguous area included in the PDZ application, and
must either:
(a) In the case of an existing designated historic structure or site, the PDZ application
must include a written commitment to preserve the structure or site in compliance
with all applicable historic preservation standards for a period of at least 20 years; or
(b) In the case of an undesignated historic structure or site, the PDZ application must
include a written commitment to complete the designation of the structure or site
as historic prior to development of any portion of the PDZ, and to preserve the
designated structure or site in compliance with all applicable historic preservation
standards for a period of at least 20 years.
(2) The PDZ application may include additional lands contiguous with the lot or parcel
containing the historic structure.
b. Flexibility Allowed
Eligible PDZ applications for consideration as an historic structure/site PDZ may include a
request to:
(1) Calculate any unused development potential from the lot or parcel containing the
historic structure or site under the property’s current zoning,
(2) Apply any unused development potential on other portions of the same lot or parcel, or
on contiguous lands included in the PDZ application, and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-60 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(3) To request adjustment or waiver of any non-procedural provision in this chapter if the
adjustments or waivers will contribute to achieving the preservation the historic structure.
The city may not adjust or waive any provision imposed by state or federal law or
regulation.
3. Sustainable/Resilient Design PDZ
a. Eligibility
A sustainable/resilient design PDZ application must propose project, site, or building design
features demonstrated to achieve two or more of the following reductions in resource
consumption or trip generation when compared to those levels anticipated for developments
of a similar type under the reference base district:
(1) A reduction in water consumption of at least 25 %; or
(2) A reduction in non-renewable energy use of at least 25 %; or
(3) A reduction in average daily motor vehicle trip generation of at least 25 %; or
(4) A combination of reductions in water consumption, non-renewable energy use, or
average daily motor vehicle trip generation providing at least an equivalent sustainable/
resilient development benefit to the city.
b. Flexibility Allowed
Eligible application for a sustainable/resilient design PDZ may request an adjustment or waiver
of any non-procedural city development standard in this chapter if that adjustment or waiver
will contribute to reductions in water consumption, non-renewable energy consumption, or
traffic generation when compared to development of a similar type under the reference base
district standards. The city may not adjust or waive any provision imposed by state or federal
law or regulation.
4. Large Development PDZ
a. Eligibility
A Large development PDZ review must propose all of the following:
(1) The PDZ must contain at least 10 acres of contiguous land that is proposed for
annexation and development pursuant to a master plan approved by the city or proposed
for approval by the city along with the PDZ application;
(2) If the application includes dwelling units then the affordable housing requirements of
Table 38.250.010-1 apply; and
(3) The PDZ must include public amenities or public infrastructure investments or both
beyond what would otherwise be required under this code and the reference base
district(s) which are proportionate or greater to the adjustments or waivers to requested
development standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-61 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. Flexibility Allowed
Eligible applications for a Large Development PDZ may request an adjustment or waiver of
any non-procedural city development standard in this chapter if:
(1) That adjustment or waiver will contribute to achieving the preservation or production
of housing at a lower cost than would otherwise be possible under the reference base
district if the PDZ includes housing;
(2) The PDZ includes public amenities or public infrastructure investments or both beyond
what would otherwise be required under this code and the reference base district(s)
which are proportionate or greater to the adjustments or waivers to requested
development standards; and
(3) The PDZ demonstrates implementation of five adopted community goals and objectives
as documented in an adopted and in effect land use plan, issue plan, or similar document
to a greater degree than is required under the minimum standards of the reference base
district. The city may not adjust or waive any provision imposed by state or federal law or
regulation.
5. Combined Benefits PDZ
a. Eligibility
To be considered for a PDZ that provides a combination of a percentage of the affordable
housing benefits identified in subsection E.1 and benefits identified in subsection D.2,
subsection D.3, subsection D.4, or any combination thereof, the application must:
(1) Provide at least one-half of the amounts of affordable housing, at the levels of income-
restriction, required by subsection E.1.a.(2), for a period of at least 30 years; and
(2) Provide benefits listed as necessary to meet subsection I in any one or a combination of:
(a) Subsection E.2.a for consideration of a historic structure/site PDZ;
(b) Subsection E.3.a for consideration of a sustainable/resilient design PDZ; or
(c) Subsection E.4.a.(1) and subsection E.4.a.(3) above for consideration of a Large
Development PDZ.
b. Flexibility Allowed
PDZ applications eligible for consideration as a combined benefits PDZ may request an
adjustment or waiver of any city non-procedural provision in this chapter if that adjustment
or waiver will contribute to achieving the types of flexibility listed in subsection E.1.b or
subsection E.2.b or subsection E.3.b or subsection E.4.b. The city may not adjust or waive any
provision imposed by state or federal law or regulation.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-62 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
6. Novel Public Benefits PDZ
a. Eligibility
A novel public benefits PDZ application must propose mutually supportive and integrated
project, site, or building design features outside of the parameters of the options in
subsection 1 through subsection 5 above that:
(1) As determined in the discretion of the review authority materially advances at least 6
objectives of the land use plan and at least two priorities each from two other adopted
plans of the City which produce public benefits.
(2) The novel public benefits option is subject to a heightened level of scrutiny as the City
has established the options in subsection 1 through subsection 5 as its preferred benefit
options.
b. Flexibility Allowed
(1) PDZ applications eligible for consideration as a novel public benefits PDZ may request
an adjustment or waiver of any city non-procedural provision in this chapter if that
adjustment or waiver will contribute to materially advancing the objectives and priorities
identified in subsection E.6.a when compared to development of a similar type under the
reference base district standards and which produce public benefits. The city may not
adjust or waive any provision imposed by state or federal law or regulation.
(2) The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ
unless specified otherwise in the approval.
F. Permitted uses in a planned development zone.
1. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city’s
adopted land use plan.
2. A PDZ application may include any land use listed in 38.300 and must identify proposed uses by
the same names used in that division.
3. Proposed uses must comply with all applicable use-specific standards for the use(s), as described
in 38.320, unless a waiver or adjustment to applicable standards is proposed and approved as part
of the PDZ application review process.
4. A PDZ must address allowance for telecommunications and utilities as part of proposed land
uses. The proposed allowance may not have the effect of restricting service availability of
telecommunications or utilities.
G. Phased Development.
1. PDZ applications may propose development to occur in phases. If phased development
is proposed, the application must include a projected timetable for phased development
and a general development plan that includes all of the land to be included in all phases of
development.
2. In connection with any phased PDZ development, the city may require the applicant execute a
development agreement, improvements agreement, or other documentation acceptable to the
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-63 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
city ensuring dedication of required parks, open space, or both, and construction of required
infrastructure, amenities, landscape, irrigation, or site features.
3. The city may authorize phased construction of infrastructure or site amenities pursuant to
38.780.060.C.
4. If the nature, design, or location of required parks, open space, infrastructure, amenities,
landscape, irrigation, or site features makes it necessary to construct them in a sequence other
than in rough proportion to approvals for construction of residential or non-residential structures,
the city may require the applicant to construct them in the order and extent necessary to protect
the public and ensure practical function.
H. General Review Procedures for PDZ Applications.
1. Applicability
A request to develop land in any of the five types of PDZ zoning districts must be submitted and
reviewed as a combined zoning map and text amendment under 38.770.
2. Procedure
a. General
(1) A PDZ zoning application requires review and approval of a general development plan
as described in this section concurrent with review of an application for a zoning map
amendment, as described in 38.770.
(2) A PDZ does not give authority for construction but a final development plan must be
approved by the review authority prior to issuance of building permits or initiation of
construction. Subdivision, site plan, or other review processes may also be required prior
to initiation of construction.
(3) An application for a final development plan may be filed prior to final action on an
application for a PDZ zone map amendment and a related general development plan
provided that:
(a) No action by the review to approve, approve with conditions, or deny the final
development plan is effective until the zone map amendment and related general
development plan is approved or approved with conditions.
(b) The review authority may waive specific requirements for information the applicant
must include in a final development plan if the review authority determines that
information has been included in the application for a general development plan.
(4) If applicant proposes a PDZ in conjunction with a subdivision, applicant may file
an application for preliminary plat concurrently with the application for a general
development plan. Applicant may be required to waive required subdivision review
periods for subdivision review to enable coordination of review. The review authority
may waive specific requirements for information the applicant must include in a final
development plan if the review authority determines that information has been included
in the preliminary plat application.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-64 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(5) The city will coordinate processing of the PDZ and subdivision applications to allow
for consolidated consideration of both applications together if feasible. Review of the
subdivision follows standard subdivision review procedures. Final development plan
review and approval is still required, as described in this section, and compliance with
phased development requirements in subsection G is also required, if applicable.
Table 38.250.010-2. PDZ Review and Decision-Making Authority Summary
Table abbreviations:
R = Review, D = Decision-making authority, N/A = Requirement does not apply
Director Planning Commission City Commission
PDZ Zoning
Zoning Map Amendment and
general development plan for all PDZ Property
R R D
Final development plan D
Subdivision (if Required for PDZ)
Preliminary Subdivision Plat D
Final Subdivision Plat R D
3. PDZ Zoning and General Development Plan Review
a. Applicant may submit the PDZ zoning and general development plan review application upon
completion of concept or informal.
b. The PDZ application must include, at a minimum the materials required in 38.710.110.
c. If the project requires approval of a subdivision plat, the applicant may submit an application
for a preliminary plat at the same time as a PDZ zoning application, and review may be
coordinated. State law may limit the ability of the city to consolidate review.
4. Concept/Informal Review
A concept review or informal application is required for all PDZs as specified in 38.740.080. If the
PDZ is proposed in association with a subdivision, the city may review subdivision pre-application
and concept review or informal application for PDZ zoning concurrently. If an application for PDZ
zoning and general development plan are not filed with the city within one year after the concept
review or informal review, the review authority may require another concept review or informal
review meeting before the application is filed.
5. Noticing and Public Hearings
a. After the community development department determines the PDZ zoning and general
development plan applications contain all necessary information, the department will set
review dates before the community development board and before the city commission.
b. If the application also includes a complete application for a preliminary plat, the department
will set a date for review of the plat in accordance with 38.750.
c. Notice shall be provided in accordance with 38.730.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-65 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
6. Review and Action
a. The community development department may refer a complete PDZ zoning application and
associated general development plan application to other city or governmental departments,
agencies, or districts whose jurisdiction involves some or all of the land included in the
application, for their comments or recommendations.
b. After conducting its review, the community development board must recommend to the
city commission approval or denial of the PDZ zoning application; and recommend approval,
approval with conditions, or denial of the associated general development plan application.
c. After conducting its review, the city commission may approve or deny the PDZ zoning
application; and may approve, approve with conditions, or deny the associated general
development plan application. The city commission may not approve a PDZ zoning
application before a general development plan for all of the property included in the PDZ
zoning application is approved or approved with conditions.
d. The review authority must indicate approval or denial of the final development plan pursuant
to this section based on the PDZ zoning application and staff report, but the review authority’s
decision shall not become final unless and until the city commission approves the PDZ
zoning and approves the general development plan in a form that is consistent with the final
development plan.
7. Final Development Plan Review and Approval
a. After approval of a PDZ zoning application and approval or conditional approval of a general
development plan, the review authority must approve a final development plan before
applicant may initiate construction, or initiate any use based on the PDZ approval. Submittal
requirements for general development plans are specified in 38.710.110. A final development
plan must be approved prior to approval of any site plan, final plat, building permit, or other
final development review decision.
b. Each final development plan must be consistent with the terms of the approved PDZ zoning
and general development plan and may not include adjustments or waivers to any reference
base district standard inconsistent with the PDZ zoning or general development plan.
c. The review authority may approve one final development plan for the entire PDZ property
or may approve multiple final development plans for different portions of the property if
the city has approved phased development pursuant to subsection G. The city may not
issue any building permit, and no individual or entity may initiate any infrastructure or other
construction; or any use on any portion of the property for which the review authority has not
approved a final development plan.
d. If the city has approved both a PDZ zoning application and a related application for a
preliminary plat, the final plat must be filed with the Gallatin County Clerk and Recorder
before the city may issue any building permit or before applicant may initiate any building
construction or use based on the PDZ approval.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-66 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
e. A final PDZ zoning approval is not an approval to begin building construction. It provides the
general plan and pattern for the applicant to submit associated subdivision plats and site plans
for approval.
I. Criteria for Approval.
The community development board may recommend approval of an application for PDZ zoning, and
the city commission may approve an application for PDZ zoning, if it determines the PDZ application
complies with the criteria applicable to all PDZ applications and also complies with one or more of
the criteria applicable to specific types of PDZ applications, below. The applicant has the burden of
proof that the proposed PDZ and general development plan meet the criteria for approval.
1. Criteria Applicable to All PDZ Applications
a. Complies with applicable Montana state law criteria for approval of a zoning map and text
amendment;
b. Complies with general eligibility criteria in subsection D;
c. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in
subsection E, as applicable;
d. Is in accordance with the land use plan currently in effect, including the future land use map;
and
e. Identifies one or more of the base zoning districts listed in article 2, as the reference base
district for each portion of the PDZ; and
f. Mitigates known adverse impacts on surrounding properties to the extent practicable
consistent with 38.100.050 and 38.100.070.
2. Criteria Applicable to Specific Types of PDZ Applications
a. Affordable Housing PDZ
The applicant has submitted a general development plan or other documentation acceptable
to the city ensuring the development provides the amounts of affordable housing required
by this section. If the PDZ proposes to provide an equivalent affordable housing benefit for
a period of at least 30 years, the city may consider the size, type, or location of the dwelling
units, site or sustainable design features to be included in the development that would reduce
operating or maintenance of the dwelling units, the proposed initial sale prices or rental rates
of dwelling units, or other factors.
b. Historic Structure/Site PDZ
(1) The general development plan or other documentation acceptable to the review
authority includes an adaptive reuse plan for the listed historic structure(s) included in the
PDZ; and
(2) The general development plan or other documentation acceptable to the review
authority ensures that the design of any new structures to be constructed on portions of
the PDZ property that do not contain the historic structure will meet the criteria of the
latest edition of the Secretary of the Interior standards for Related New Construction.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-67 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
c. Sustainable/Resilient Design PDZ
The general development plan or other documentation acceptable to the review authority
ensures that the level of combined water consumption, non-renewable energy consumption,
average daily motor vehicle trip generation, or a combination thereof from all structures and
uses included in the PDZ shall be at least 25 % lower than levels commonly experienced by
development meeting current established standards in each of the reference base districts
listed in the PDZ.
d. Large Development PDZ
(1) If the PDZ includes housing, the applicant must submit a general development plan
or other documentation acceptable to the review authority ensuring the development
provides the amounts of affordable housing required by this section. If the PDZ proposes
to provide an equivalent affordable housing benefit for a period of at least 30 years,
the review authority may consider the size, type, or location of the dwelling units, site
or sustainable design features to be included in the development that would reduce
operating or maintenance of the dwelling units, the proposed initial sale prices or rental
rates of dwelling units, or other factors; and
(2) The general development plan or other documentation acceptable to the review
authority ensures the PDZ will include physical investments public amenities or public
infrastructure investments or both beyond what would otherwise be required under
this chapter open to the public that significantly exceed those that would otherwise
be required under this chapter for property located in the reference base district listed
in the PDZ and that are proportionate to or greater than the adjustments or waivers to
requested development standards.
(3) The applicant has submitted documentation acceptable to the review authority sufficient
to identify the five chosen plan objectives, identify specific actions to be taken to
materially advance the objectives, and provides an implementation plan for actions to
be carried out within 5 years and suitable to complete implementation actions. If the
implementation plan is phased to coordinate with subdivision or other development,
then implementation of each objective within each phase must be able to be completed
within 5 years of beginning of construction within each phase.
(4) The city may, in its sole discretion, require security for performance or completion of
actions as part of the general plan using the methods and procedures of 38.780 in
conjunction with subdivision or site development.
(5) The implementation plan must include for each action proposed:
(a) A timeline addressing any phasing and completing action within five years;
(b) A description of any additional review procedures required before execution can
begin;
(c) The responsible party to complete additional review procedures and
(d) Intended funding source if applicable.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-68 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
e. Combined Benefit PDZs
(1) The applicant has submitted a development agreement or other documentation
acceptable to the review authority ensuring the development provides at least one-half
of the amounts of affordable housing required by this division. If the PDZ proposes to
provide an equivalent affordable housing benefit for a period of at least 30 years, the city
may consider the size, type, or location of the dwelling units, site or sustainable design
features to be included in the development that would reduce operating or maintenance
of the dwelling units, the proposed initial sale prices or rental rates of dwelling units, or
other factors; and
(2) The benefits to the city through the proposed combination of historic preservation,
sustainable/resilient development, novel public benefit, and large development exceed
the affordable housing benefits that the city would have received if the PDZ had included
the full amounts of affordable housing required by this division.
f. Novel Public Benefit PDZs
(1) The applicant has submitted documentation acceptable to the review authority
sufficient to identify the chosen plan objectives, identify specific actions to be taken to
materially advance the objectives, and provides an implementation plan for actions to
be carried out within 5 years and suitable to complete implementation actions. If the
implementation plan is phased to coordinate with subdivision or other development,
then implementation of each objective within each phase must be able to be completed
within 5 years of beginning of construction within each phase.
(2) The city may, in its sole discretion, require security for performance or completion of
actions as part of the general plan using the methods and procedures of 38.780 in
conjunction with subdivision or site development.
(3) The implementation plan must include for each action proposed:
(a) A timeline addressing any phasing and completing action within five years;
(b) A description of any additional review procedures required before execution can
begin;
(c) The responsible party to complete additional review procedures; and
(d) Intended funding source, if applicable.
J. Duration of PDZ Approval
1. Zoning Map Amendment
a. Initial approval. After preliminary approval of a PDZ the ordinance implementing the PDZ
district is required. Final adoption of the implementing ordinance does not occur until after a
final development plan meeting all conditions of approval has been reviewed and is ready for
approval.
b. An approved PDZ zoning does not expire after final adoption of the implementing ordinance,
but rezoning of the PDZ may be initiated by the city pursuant to 38.770 if:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-69 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(1) The city has not received an application for a building permit before the expiration of an
approved final development plan pursuant to this section; or
(2) The applicant does not proceed with development pursuant to one or more approved
final development plans according to provisions for phased development approved by
the city.
2. General Development Plan Duration
a. An approved general development plan is valid for a period of one year unless the approved
general development plan provides for a longer time or for phased development, or the city
commission approves an extension of such time. A final development plan for at least part
of the PDZ property must be approved not later than within one year after the approval of a
general development plan. The applicant may submit a written request for one extension of
up to one additional year to submit the final development plan, and the director may approve
such requests for good cause shown.
b. If a general development plan expires, the right to proceed with the development pursuant
to the approved general development plan is terminated, and the provisions of the reference
base district(s) applicable to each portion of the land included in the general development
plan shall apply, unless and until the city commission approves a new general development
plan pursuant to this section.
3. Final Development Plan Duration
a. A final development plan is valid for a period of at least one year one year and not more than
3 years unless the city approves a building permit and applicant begins construction of at least
one primary structure within one year of the approval of a final development plan. This may
require completion of work and recording of a final plat prior to issuance of a building permit.
b. The applicant may submit to the director a written request for extension of time of up to 2
years to obtain the required building permit, and the director may approve such requests
pursuant to 38.740.110.
c. If a final development plan expires, the applicant must apply for and obtain approval of a new
final development plan pursuant to this section.
K. Amendments to Approved Planned Development Zones and General Development
Plans
1. Amendments to Approved General Development Plan
After approval of a general development plan, the applicant may request and the director may
approve, minor amendments to the general development plan, as described below.
a. Minor Amendments
The review authority may approve the following minor amendments to an approved general
development plan if the review authority determines that they do not change the character
of the neighborhood and do not contain any changes that would increase the amount of
deviation/relaxation of the requirements of the reference base zoning districts beyond those
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-70 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
in the approved general development plan. Minor amendments must be consistent with the
initial approval and may include but are not limited to:
(1) A change in the location of any internal street that does not affect points of access to or
from the PDZ property;
(2) A change in the location of any internal park, open space, or storm drainage detention/
retention facility that is not located along the periphery of the PDZ property; and
(3) A change of location or orientation of any primary building on a lot or parcel;
(4) An increase of less than five % in the amount of permitted residential or non-residential
lot coverage;
(5) A change of less than five % in the minimum or maximum number of parking spaces
required or permitted;
(6) A change of less than five % in the maximum permitted height of any building; and
(7) A change in any numerical building design standard by up to five %.
(8) An increase or decrease of less than five % in the number of dwelling units in an approved
PDZ, provided that the revised number of dwelling units still include the amounts and
levels of affordable housing required by this division.
(9) Revisions to phasing sequence or boundaries that do not conflict with conditions of
approval or conflict with standards.
(10) A ten % increase or less for landscape irrigation water requirement. If a reduction in
water consumption was relied upon as a public benefit to sustain approval of the
planned development zone, any proposed increase in landscape irrigation water use
must remain within the eligibility criteria for a sustainable/resilient design pursuant to
38.250.010.K.1.a.10.
b. Major Amendments
(1) A major amendment is any change to an approved general development plan not listed
as a minor amendment in this section.
(2) A major amendment to an approved general development plan requires approval
through the same process used to approve the original PDZ zoning and general
development plan.
(3) Any major amendment that proposes to increase the number of dwelling units in an
approved PDZ must include the proportionate amounts of affordable housing required
by this division.
2. Amendments to Approved Final Development Plan
a. After approval of a final development plan, the applicant may request, and the review authority
may approve, amendments to the final development plan if the review authority determines
the proposed amendments are consistent with the approved general development plan and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-71 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
the provisions of this chapter. Amendments are subject to the minor and major amendment
limits in paragraph A of this section.
b. The review authority may authorize the applicant to submit only those portions of final
development plan application materials necessary to document the proposed change, rather
than submitting a new final development plan application.
c. If the review authority determines the revised final development plan requires a minor
amendment to a general development plan, the review authority may approve both at the
same time.
L. Removal of Property from a Planned Development Zone
1. A property owner may apply for a zoning map amendment to remove a parcel from an approved
PDZ and any related general development plan or final development plan.
2. The application for a zoning map amendment must indicate the zoning district to be applied to
the removed properties, which may be different from the reference base district identified for
such property in the approved PDZ.
3. The city shall consider any such application pursuant to 38.770 and may require the applicant
provide assurances that any unfulfilled obligations related to construction or maintenance of
infrastructure or amenities, provision of open spaces, preservation of access, or other matters
addressed in the PDZ, general development plan, or final development plan will be satisfied
without imposing additional costs or burdens on properties that are to remain included in the
PDZ or on any organization or entity responsible for providing or maintaining improvements or
services to the remaining PDZ properties.
M. Administrative Procedures Authorized
The city manager may adopt, and from time to time amend, administrative procedures to implement
this section. The administrative procedures may at a minimum include the following items:
a. Standards to evaluate equivalent levels of housing affordability;
b. Standards related to required levels of maintenance of historic structure;
c. Standards to measure reductions in water consumption, reductions in non-renewable energy
use, and reductions in average daily motor vehicle trip generation;
d. Standards to measure or evaluate equivalence of benefits to the city; and
e. Procedures for application requirements, processing, and review of a PDZ.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-72 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.250.020. - Legacy Planned Unit Developments
A. Purpose.
This division is created to provide for the continued regulation of legacy planned unit development
(PUD) approved or deemed adequate prior to October 27, 2022. Prior to October 27, 2022 a PUD was
a use approved within an existing zoning district and did not modify the zoning map. This division
cannot be applied to property not already within a legacy PUD.
B. Final plan review and approval.
The final PUD plan must be in compliance with the approved preliminary plan and/or development
guidelines except as provided for in this section, and must be reviewed by DRC and ADR staff and
approved by the review authority.
1. Application process.
Upon approval or conditional approval of a preliminary plan and the completion of any conditions
imposed in connection with that approval, an application for final plan approval may be
submitted.
2. Review criteria; compliance with preliminary plan.
For approval to be granted, the final plan must comply with the approved preliminary plan.
This means that all conditions imposed by the city commission as part of its approval of the
preliminary plan have been met and:
a. The final plan does not change the general use or character of the development;
b. The final plan does not increase the amount of improved gross leasable non-residential floor
space by more than five %, does not increase the number of residential dwelling units by
more than five % and does not exceed the amount of any density bonus approved with the
preliminary plan;
c. The final plan does not decrease the open space and/or affordable housing provided;
d. The final plan does not contain changes that do not conform to the requirements of this
chapter, excluding properly granted deviations, the applicable objectives and criteria of
38.250.010.J, or other objectives or criteria of this chapter. The final plan must not contain
any changes which would allow increased deviation/relaxation of the requirements of this
chapter; and
e. The final plat, if applicable, does not create any additional lots which were not reviewed as
part of the preliminary plan submittal.
3. Final plan approval.
a. The final plan may be approved if it conforms to the approved preliminary plan in the
manner described above. Prior to final plan approval, the review authority may request a
recommendation from the staff, or other entity regarding any part of a proposed final plan. If
a final plat is part of the final plan submittal, the review authority per 38.700.010 is responsible
for approval of the final plat.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-73 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. Final plats associated with a PUD must comply with the requirements of 38.750.090 and
38.710.060.
C. Amendments to final plan.
1. Issuance of building permits and other development approvals are based on the approved final
plan and any conditions of approval. No city administrative personnel are permitted to issue
permits for improvements which are not indicated on the approved final plan with the exception
of the following:
a. Minor changes to a planned unit development may be approved administratively and in
writing, whereupon a permit may be issued. Such changes may be authorized without
additional public notice at the discretion of the review authority. This provision does not
prohibit the review authority from requesting a recommendation from qualified persons to
assist in making a decision.
b. Minor changes are defined as follows:
(1) Those developments that do not change the character of the development;
(2) An increase of less than five % in the approved number of residential dwelling units;
(3) An increase of less than five % in the approved gross leasable floor areas of retail, service,
office and/or industrial buildings;
(4) A change in building location or placement less than 20 % of the building width without
compromising requirements of the UDO;
(5) An increase in the number of lots less than two % without increasing the density by more
than five %. This is applicable only to zoning PUD plans, not subdivision PUD plats;
(6) A final plan which does not contain any changes which would allow increased deviation/
relaxation of the requirements of this chapter; and/or
(7) A final plat, if applicable, which does not create any additional lots which were not
reviewed as part of the preliminary plan submittal.
(8) A ten % increase or less for landscape irrigation water requirement.
(9) Modifications to approved landscaping plans and other documents to meet water
conservation standards established in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
2. Changes greater than minor changes must be processed as a PDZ subject to 38.250.010.
D. Duration of planned unit development approval.
1. Duration of preliminary plan approval.
The provisions of this subsection do not apply to subdivision elements of a PUD.
a. Within a maximum of one year following the approval of a preliminary plan, the applicant
must file with the community development department a final plan in detailed form covering
the entirety, or one or more phases, of the development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-74 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. Upon application and in accordance with the standards of 38.740.110, the community
development director may administratively extend the period for filing a final plan for six-
month periods. The granting of administrative extensions under this section may, at the
discretion of the community development director, be referred to the city commission.
c. If no final plan is filed covering all or any portion of the preliminary plan within the above
time limits, the right to proceed under the preliminary plan will expire for any portion of the
preliminary plan for which a final plan has not been timely filed.
2. Duration of final plan approval.
a. The applicant must undertake and complete the development of an approved final plan
within two years from the time of final plan approval. For the purposes of this section, a
development is substantially complete once all engineering improvements (water, sewer,
streets, curbs, gutter, streetlights, fire hydrants and storm drainage) are installed and
completed in accordance with city rules and regulations. Extensions for periods of not more
than one year may be administratively granted by the community development director in
accordance with the standards of 38.740.110. The granting of administrative extensions under
this section may, at the discretion of the community development director, be referred to the
city commission.
b. A request for extension of final approval under this section must be submitted to the
community development director in writing by the applicant at least 30 days prior to the date
of expiration. Failure to submit a written request within the specified time period will cause
forfeiture of the right to extension of final approval. Failure to construct the development and
implement improvement requirements within the specified time limit will cause a forfeiture
of the right to proceed under the final plan and require resubmission of all materials and re-
approval of the same through the preliminary plan procedures.
c. The timing of all extensions of final plan approval must be coordinated with the approval
period established for any subdivision plat approval that is part of the PUD so that any
expiration dates are consistent.
d. Final plan approval may occur multiple times for phased PUDs under the provisions described
in 38.250.010.G.
E. Enforcement of approval requirements and conditions.
The failure to comply with any of the terms, conditions of approval or limitations contained on the
site plan, landscape plan, building elevations, other approved documents, or other element pertaining
to a planned unit development which has received final approval from the city may subject the
applicant or current landowner to the enforcement remedies contained in 38.700.160.
F. Removal of property from an approved legacy planned unit development
1. A property owner may request removal of one or more parcels from a legacy PUD.
2. Such a request for removal must be in writing to the community development director, must
clearly identify the PUD by the city's assigned application number under which the PUD was
approved, and must clearly state that the landowner is abandoning all associated rights and
privileges due to the PUD. The property owner is not relieved from participating in ongoing
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-75 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
maintenance of any facilities from which they benefit. The community development director may
establish standards for the content, form, and supporting materials to be included in a request to
abandon an approval.
3. The city will review any such application pursuant to 38.740.120 and may require the applicant
to provide assurances that any unfulfilled obligations related to construction or maintenance of
infrastructure or amenities, provision of open spaces, preservation of access, or other matters
addressed in the PUD, will be satisfied without imposing additional costs or burdens on properties
that are to remain included in the PUD or on any organization or entity responsible for providing
or maintaining improvements or services to the properties remaining in the PUD.
4. City must determine the abandonment of the PUD does not negatively impact the public benefit
created by the PUD.
5. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans.
6. Notice is required per 38.730.
7. After removal of property from a PUD the standards of the zoning district applied to the property
are the standards of development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-76 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Division 38.260. - RULES OF INTERPRETATION
The purpose of this Division is to provide detailed guidance on interpreting, applying, measuring, and
requesting relief from the zoning standards presented in the district graphics and tables in Article 2 –
Zoning Districts.
sec. 38.260.010. - General provisions.
A. Street designation.
All streets abutting a lot must be designated as either a primary street, side street, or alley.
B. Lot line designation.
1. General.
a. Each lot line must have one of the following designations and no lot line can have more than
one of the following designations:
(1) Primary street lot line;
(2) Side street lot line;
(3) Rear lot line;
(4) Side lot line; or
(5) Alley lot line.
Figure 38.260.010-1. Lot lines.
Rear Lot Line
Side Street Lot LineSide Lot LineSide Lot LineRear Lot Line
Primary Street
Lot Line
P rim ary Street Lot LinePrimary Street Primary Street Side Street Site A Site B
Lot Lot
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-77 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. In addition to the required designations, lot lines may also be included into one of the
following categories:
(1) Street lot line; or
(2) Common lot line.
2. Primary street lot line.
a. A lot line that abuts a primary street. Each lot must have at least one primary street lot line.
b. Where a lot abuts only one street, that street is considered a primary street.
c. A lot abutting multiple streets must designate at least one as a primary street.
d. A lot may abut more than one primary street.
e. For lots that abut multiple streets, the primary street is determined using the following:
(1) The street or streets with the highest classification;
(2) The established orientation of the block;
(3) The street abutting the longest face of the block;
(4) The street parallel to an alley within the block;
(5) The street that the site takes its address from; and
(6) The primary street designation of adjacent development, either existing or approved.
f. A lot line abutting a park, open space, river, trail or pedestrian path can be designated as a
primary street lot line. Where the review authority determines that an orientation to a park,
open space, river, trail or pedestrian path would not be appropriate based on the context of
the site, the development must provide a minimum building setback of 20 feet from the
applicable right-of-way, easement, or property line.
Figure 38.260.010-2. Park/trail frontage examples.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-78 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
g. Once designated for a lot, a primary street lot line cannot be changed (e.g., a primary street
lot line cannot, for purposes of subsequent development, be re-designated a side street lot
line) unless all standards of the applicable zoning district are met based on the proposed
change in street lot line designation.
3. Side street lot line.
Any lot line that abuts a side street. Any street lot line not determined to be a primary street lot
line or alley lot line is considered a side street lot line.
4. Rear lot line.
Any lot line that does not abut a street or alley and is opposite and most distant from a primary
street lot line.
a. A lot may have no more than one lot line designated as a rear lot line.
b. In the case of a lot that fronts two streets on opposite sides, a lot may have no rear lot line.
c. Where no lot line is clearly opposite to the primary street lot line or where there are multiple
primary street lot lines, the lot line having the highest portion of its length serving as the rear
lot line of an abutting lot is the rear lot line.
5. Side lot line.
Any lot line not determined to be a primary street, side street, rear or alley lot line.
6. Alley lot line.
Any lot line separating a lot from an alley. Even when a lot line otherwise qualifies as a rear lot line
or side lot line, all lot lines that abut an alley are considered an alley lot line.
7. Street lot line.
Any lot line that abuts a street. Street lot lines include all primary street lot lines and side street lot
lines.
8. Common lot line.
Any lot line shared by multiple lots. Common lot lines include all side and rear lot lines.
C. Street-Facing Building Facades
1. The portions of a building facade (when projected parallel to the street) with no permanent
structure located between the building facade and a front or side street lot line are considered
street-facing building facades.
2. Building facades located more than 50 feet behind the front or side street lot line are exempt
from any street-facing requirements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-79 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Figure 38.260.010-3. Street-facing building facades.
Street
>50’
Street-Facing ExemptISOMETRIC PLAN ExemptStreet-Facing
ExemptStreet-FacingELEVATION
Street
L
o
t
L
i
n
e
sec. 38.260.020. - Lot size.
A. Lot Width
The length of primary street lot lines bounding a lot.
1. Purpose
To help ensure newly established lots are generally consistent with the character of the
neighborhood and other properties within the same zoning district.
2. Applicability
The minimum lot width requirement applies to all existing and proposed lots.
3. Standards
a. No lot can have a width less than the minimum required by the zoning district. No lot can
have a width of less than 15 feet.
b. Lot width is subject to 38.400.090. Lot widths of 25 feet or less may jeopardize compliance
with standards for legal and physical access, street trees, on-street parking, garage design,
drive access width and placement, and utilities. Building design and size will be restricted as
a result. Mitigation measures may be required for placement and separation of public and
private utilities.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-80 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Figure 38.260.020-1. Lot width measurement.Primary Street Primary Street Side Street Lot Lot
Lot A Lot B
Lot W idthLot Width
4. Measurement
a. Lot width is measured following the geometry of all primary street lot lines that bound the lot.
b. Where a lot has 2 or more primary street lot lines facing different streets, all primary street lot
lines must meet the minimum lot width standard.
5. Relief
Relief of up to 10% of the minimum lot width due to irregular shaped lots, topography, utility
access, existing or required easements, or preexisting natural features may be granted but in no
case can the minimum lot width be less than 15 feet.
sec. 38.260.030. - Density.
A. Minimum Density
The minimum number of dwelling units that must be provided.
1. Purpose
To support efficient land use and provision of municipal services, and to advance the purposes
and goals of this chapter and the adopted land use plan.
2. Applicability
The minimum density requirement applies to all lots and projects that have a residential
component, except:
a. In an infill area to allow for a 1:1 replacement of an existing single-unit dwelling; or
b. In an infill area when the lot is 10,000 square feet or less.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-81 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
c. The addition of an ADU on an infill lot does not require full compliance with the density
standards of the base zoning district.
3. Standards
a. A project must provide at least the minimum number of dwelling units per acre as required by
the zoning district. An ADU is not counted toward the minimum number of dwellings, except
as provided in A.5 of this section.
b. The minimum number of dwelling units per acre may be achieved by averaging the number of
units over an entire project.
c. Redevelopment of existing lots in the R-A, R-B, R-C or R-D districts must maintain or increase
the number of dwellings on the lot.
4. Measurement
a. Minimum density is calculated as net density, which excludes any land used or to be used as
street rights-of-way, parks, public buildings or private non-residential uses.
b. To calculate density for a project, the following formula applies:
Net Density = du / [A - (c + i + s + a + p + n)]
du = Total number of dwelling units in project
A = Total site area (acres)
c = Total commercial land area (acres)
i = Total industrial land area (acres)
s = Dedicated and reserved but undedicated school or park sites (acres)
a = Street, public or private, rights-of-way and transportation easements (acres)
p = Dedicated parklands, conservation easements, or common open spaces (acres)
n =Areas under development restriction from floodplain, watercourse, or wetland standards (acres)
c. When calculating density, fractional dwelling units must be counted as follows:
(1) If the fractional result is 0.5 or greater, the number of dwelling units must be rounded up
to the next whole unit.
(2) If the fractional result is less than 0.5, the number of dwelling units must be rounded
down to the next whole unit.
5. Relief
a. Relief up to 20% reduction for minimum density required for infill lots when it can be
demonstrated that topographic constraints, utility access, or a similar physical constraint
limits the ability to construct an additional unit.
b. When redevelopment of an infill lot would require an additional dwelling be constructed to
meet density requirements, an accessory dwelling unit may count as a full dwelling.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-82 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.040. - Coverage.
A. Building Coverage
The percentage of lot area covered by buildings or structures.
1. Purpose
To preserve open area and reduce the bulk of buildings on a lot by limiting the amount of
buildings or structures that cover a lot.
2. Applicability
The maximum building coverage requirements apply to all zoning lots.
3. Standards
Buildings or roofed structures on a lot cannot have a cumulative footprint in excess of the
maximum building coverage allowed by the zoning district.
4. Measurement
Building coverage is measured by dividing the footprint of all roofed building and structures on
the lot by the lot area.
Figure 38.260.040-1. Coverage measurement.StreetA
D
E
B
C
Cumulative Footprint
AccessoryStructure
Porch
PorteCochre
CoveredPatio
PrimaryStructure
CumulativeStructureFootprint
Building Coverage
(Cumulative Structure Footprint)
÷
(Total Lot Area)
Area A
Area B
Area C
Area D
Area E
+
+
+
+
5. Relief
Additional square footage of up to 20% is allowed for infill lots when exceeding the maximum
allowed building coverage is needed to comply with another standard.
B. Amenity Space
An area on a lot designated to be used for active or passive recreation.
1. Purpose
To help provide adequate recreation and open space areas for developments, and to ensure such
spaces are accessible, usable, and safe.
2. Applicability
a. The amenity space requirements apply to all lots.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-83 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. Amenity space only applies to projects with a residential component.
3. Standards
a. General
(1) The cumulative area of amenity space provided on a lot cannot be less than required by
the zoning district.
(2) Required amenity space must be provided on-site.
(3) All landscaped areas must meet the requirements in 38.540.
(4) The required amenity space may be provided in any combination of the following types
of spaces.
b. Common Outdoor Space
(1) Shared usable outdoor open space in the form of a courtyard, patio, paseo, play area,
roof deck, garden or similar shared outdoor area.
(2) Must be made available to all tenants of a building, at no cost, during the hours of
operation of the building. The space may not be permanently reserved or in any way
exclude any tenant during the time it is required to be made available to all tenants.
(3) Must have a minimum area of 400 square feet, and have no horizontal dimension less
than 10 feet.
(4) Must include hard surfacing and amenities such as seating areas, landscaping, and/or
other features that encourage use.
(5) Must include landscaping elements that enhance the character of the space and
encourage its use.
(6) Must include features that provide for the safety of residents, such as enclosures, railings,
and appropriate lighting levels.
(7) Building facades adjacent to public outdoor space must have a minimum transparency of
15% for each story.
(8) Must be separated from ground level windows, streets, service areas and parking lots
via landscaping, fencing, and/or other acceptable treatments that enhance safety and
privacy for both the shared open space and dwelling units. Landscaping planters, beds, or
other structures used to meet this requirement cannot be included in the calculation of
required amenity space area.
(9) Can be located at ground level, on upper stories, or on a roof.
(10) Can count for up to 100% of the total amenity space requirement.
c. Private Outdoor Space
(1) Private outdoor open space in the form of a balcony, garden, deck, patio or similar
private outdoor area.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-84 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(2) Must have a minimum area of 36 square feet, and have no horizontal dimension less than
6 feet.
(3) Ground level private outdoor space must be adjacent to and directly accessible from a
dwelling unit and must be enclosed by a fence and/or hedge at least 32 inches in height.
(4) May count for up to 75% of the total amenity space requirement.
d. Common Indoor Space
(1) Shared indoor recreational space in the form of a lobby, lounge area, gym, shared
kitchen, co-working or similar shared indoor recreational area. Indoor bicycle parking
areas cannot be included.
(2) Must be made available to all tenants of a building, at no cost, during the hours of
operation of the building. The space may not be permanently reserved or in any way
exclude any tenant during the time it is required to be made available to all tenants.
(3) Must have a minimum area of 400 square feet, and have no horizontal dimension less
than 15 feet.
(4) Must be located in a visible area, such as near an entrance, lobby, or high traffic corridor.
(5) Must be designed specifically to serve interior recreational functions and not merely be
leftover unrentable space.
(6) Must include amenities and design elements that encourage use by residents.
(7) May count for up to 50% of the total amenity space requirement.
e. Public Outdoor Space
(1) Publicly-accessible outdoor open space in the form of a courtyard, patio, plaza, paseo,
play area, or similar shared outdoor area.
(2) Must be made permanently available to the general public, at no cost, at minimum
between sunrise and sunset daily.
(3) Must abut and provide direct access to a public sidewalk. The space cannot be separated
from the public sidewalk by any structure or landscaping, with the exception of a planters
or fencing that doesn’t exceed 3 feet in height.
(4) Must have a minimum area of 400 square feet, and have no horizontal dimension less
than 15 feet.
(5) For every 400 square feet of public outdoor space, two permanent or movable seats
must be provided. Two linear feet of bench or seat wall are counted as 1 seat.
(6) Building facades adjacent to public outdoor space must have a minimum transparency of
15% for each story.
(7) Must include landscaping elements that enhance the character of the space and
encourage its use.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-85 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(8) Each square foot of public outdoor spaces provided counts as 2 square feet of required
amenity space.
(9) May count for up to 100% of the total amenity space requirement.
4. Measurement
Required amenity space is based of the number of sleeping rooms associated with each dwelling
unit and is calculated as follows:
Number of dwelling units with up to 1 sleeping room x 100 square feet
+
Number of dwelling units with 2 or more sleeping rooms x 150 square feet
=
Total amount of amenity space required on-site
5. Relief
Additional square footage of up to 10% beyond the maximum allowed percentage allocation for
private outdoor space and common indoor space may granted but the total amount of amenity
space for the project must still be provided.
C. Commercial Open Space
An area that is part of commercial project that designated to be used for pedestrian-oriented open
space.
1. Purpose
a. To provide help pedestrian-oriented spaces in commercial areas that enhance the employees'
and public's opportunity for active and passive activities, such as dining, resting, people
watching, and recreational activities.
b. To help provide adequate recreation and open space areas for developments, and to ensure
such spaces are accessible, usable, and safe.
2. Applicability
New development with non-residential uses on sites with a total site area greater than 43,560
square feet (one acre) must provide commercial open space.
3. Standards
a. General
All landscaped areas must meet the requirements in 38.540.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-86 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. Commercial-only sites
(1) An area equal to at least two % of the site area. For this specific standard, "site area"
includes all land needed for the non-residential portion of the project including parking,
service areas, access and required landscaping.
(2) The open space may be in the form of pedestrian-oriented open space per 3.c. below,
garden, play area or other open space feature that serves both as a visual amenity and a
place for human activity.
(3) Portions of sidewalks that are wider than 12 feet and which meet the standards of
pedestrian-oriented open space may be counted toward this requirement.
Figure 38.260.040-2. Commercial open space calculation.
c. Mixed-use sites.
(1) When determining the "site area" for mixed-use buildings, areas solely used for residential
use may be omitted. To be omitted, areas must be specifically restricted to residents (e.g.
parking spaces signed for residential parking only, open space areas gated off or only
accessible from internal residential areas, internal lobbies without access to commercial
spaces).
(2) When the omission of solely residential areas results in the site area being less than
43,560 square feet (one acre), no commercial open space is required.
d. Pedestrian-oriented open space design criteria.
The following describes the requirements and desired characteristics of pedestrian-oriented
open space (which may be used to meet the requirements of subsection 3.a. above). Buildings
larger than 40,000 square feet must include at least two items from the list of desirable
pedestrian-oriented open space features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-87 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(1) Required pedestrian-oriented open space features.
(a) Visual and pedestrian access into the site from a street, private access road, or non-
vehicular courtyard.
(b) Paved walking surfaces of either concrete or approved unit paving.
(c) Lighting must conform to 38.560.
(d) The spaces must be located in or adjacent to areas with significant pedestrian traffic
to provide interest and security, such as adjacent to or visible from a building entry.
(e) At least two feet of seating area (a bench or ledge at least 16 inches deep and
appropriate seating height) or one individual seat per 60 square feet of plaza area or
open space.
(f) Landscaping components that add visual interest and do not act as a visual barrier.
This could include planting beds, raised planters, and/or potted plants.
(2) Desirable pedestrian-oriented open space features and required large scale building
requirement (see subsection 3.c above).
(a) Pedestrian amenities, such as site furniture, artwork, drinking fountains, shade
structures or other similar features.
(b) Adjacent buildings with transparent windows and doors covering at least 50 % of the
facade between 30 inches and ten feet above the ground level.
(c) Pedestrian weather protection, alcoves, seating, or other features along building
edges to allow for outdoor gathering.
Figure 38.260.040-3. Pedestrian-oriented open space.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-88 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(3) Features prohibited within a pedestrian-oriented open space.
(a) Asphalt pavement.
(b) Adjacent service areas (e.g., trash areas) that are not separated with landscaping, as
required in 38.510.060.
(c) Adjacent chain-link fences.
(d) Adjacent "blank walls" without windows or doors or blank wall treatment (see
38.260.140).
(e) Outdoor storage.
4. Relief
Reduced open space will be considered for projects that include exceptional design features
and elements that meet the purpose of the standards. This includes open spaces that feature a
combination of design (site materials, amenities, and configuration) and location/context that
clearly exceed typical plaza designs found in the region. All relief must feature usable open space
no less than one % of the development envelope.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-89 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.050. - Streetscape.
A. Streetscape
Portion of the public realm that include sidewalks, street furniture and street trees.
1. Purpose
a. To provide standards that recognize the need for a system of walkable, pedestrian-oriented
streets; and
b. To provide adequate room for pedestrian traffic in a variety of weather conditions and
geographic contexts.
2. Applicability
The streetscape requirements apply to all lots.
3. Standards
a. Sidewalk
(1) A sidewalk must be installed along the full width of any street frontage. The minimum
required sidewalk width is specified by the zoning district. Setbacks and utility easements
must also be considered and may result in a larger minimum sidewalk width.
(2) The review authority may require wider sidewalks where called for in adopted plans or
where significant pedestrian traffic is anticipated.
(3) The minimum required sidewalk width must remain clear of obstacles at all times and be
constructed to meet all City and ADA specifications.
(4) Where there is not enough room available in the right-of-way to meet the minimum
required sidewalk width, additional right-of-way for the sidewalk must be provided on-
site.
b. Boulevard Strip
(1) The boulevard strip is the area of land located between the street and the sidewalk
primarily intended for the planting and maintenance of street trees.
(2) A boulevard strip must be installed along the full width of any street frontage. The
minimum required boulevard strip width is specified by the zoning district.
(3) One street tree must be planted in the boulevard strip on average every 25-30 feet on
center depending on species, per 16.05, of total street frontage rounded to the nearest
whole number. When this requirement conflicts with other requirements of this chapter,
such as vision triangles, street accesses, or utility protection, the review authority must
relax this standard to reach an optimal balance in public interests, provided that spacing
does not exceed 50 feet on center, excluding street access points.
(4) Street trees must be planted and maintained in accordance with 38.540.050.E and
chapter 16, article 5 of this code.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-90 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(5) The following encroachments are allowed in the boulevard strip subject to City approval:
(a) Benches, trash receptacles, and bicycle racks.
(b) Utility boxes, meters, man hole covers, regulatory signs and fire suppression
equipment.
(c) Pedestrian lighting.
(d) Landscaping, sidewalk, trees and planters.
c. Boulevard Type
(1) A specific boulevard type is required by the zoning district.
(2) The following standards comprise the allowable boulevard types:
(a) Landscape. Must be landscaped as defined in article 8.
(b) Storefront. A boulevard paved with a firm, stable, slip-resistant surface continuously
from back-of-curb to the edge of the sidewalk. Street trees must be planted within
tree wells containing a grate flush with the sidewalk surface. Landscaping is allowed
in raised planter beds no wider than 2 feet, measured perpendicular to the street.
4. Measurement
a. Sidewalk width is measured from the edge of the boulevard strip to the primary or side street
lot line.
b. Boulevard strip width is measured from the edge of the sidewalk to the back of the curb.
Figure 38.260.050-1. Streetscape measurement.
Sidewalk
Width Street
Lot LineBoulevard
StripStreet
5. Relief
a. Alternative designs may be considered where topographical challenges exist. Alternative
designs must be able to accommodate safe and comfortable pedestrian traffic anticipated for
development of the full block.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-91 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. The review authority may waive street tree requirements if the applicant demonstrates that
installation would pose a safety hazard or conflict with existing site conditions.
sec. 38.260.060. - Setbacks
A. Building Setbacks
The area on a lot not intended for buildings and structures. Includes primary street setbacks, side
street setbacks, side setbacks, rear setbacks, and alley setbacks.
1. Purpose
To provide open areas on a lot and help reduce the impact of buildings or structures on abutting
sidewalks and neighboring development.
2. Applicability
The building setback requirements apply to all lots.
3. Standards
a. Minimum Setback
All buildings and structures on a lot must be located at or behind the minimum building
setback specified by the zoning district unless otherwise permitted by this chapter.
b. Street-Facing Garages
(1) Individual garages are subject to the street-facing garage setback requirement as
specified by the zoning district.
(2) All garages doors that face the street must be at least 4 feet behind the adjacent facade
of the structure. Garage entrances may also be tucked under the second floor to help
meet this requirement.
(3) A street-facing garage door cannot exceed the greater of 10 feet or 50% of the ground-
level building facade facing the street.
(4) There is no restriction on the number of individual garage doors facing the street, only
the proportion of the facade associated with a garage door or doors exceeding ten feet
in total width.
(5) Individual garages facing the street are not allowed in the B-3 or B-3C districts when an
alley is adjacent to the property.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-92 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Figure 38.260.060-1. Garage setback.StreetBuilding
Street-FacingGarage Setback
Min.4’Garage
c. Alley-Facing Garages
(1) All structures must meet the alley setback as required by the district.
(2) When parking is provided between the structure and an alley lot line, the structure must
be setback at least 20 feet from the alley lot line.
d. Zero Lot Line Conditions
In all districts, the owners of two or more adjoining lots may make a legal written agreement
for mutual benefit to allow an otherwise required side setback to be reduced to zero to allow
a building to be placed at the property line. The agreement must be approved by the City and
recorded with the Gallatin County Clerk and Recorder. If no setback is required no agreement
is required. This provision does not change any building code requirement.
Figure 38.260.060-2. Zero lot line conditions.
e. Accessory structure setbacks.
(1) Accessory structures less than or equal to 120 square feet in footprint and 9 feet or less in
height cannot be located in any front, side, or side street setback but can be up to three
feet from a rear or alley lot line.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-93 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(2) Accessory structures greater than 120 square feet in footprint or more than 9 feet in
height must meet the minimum setback requirements of the district.
f. Maximum Setback
The area between the minimum and maximum street setbacks defines the build-to zone. For
requirements related to the build-to zone, see 38.250.080.
4. Measurement
a. All building setbacks are measured perpendicular from the applicable lot line. Easements for
utilities or other special standards may require adjustments to minimum building setbacks.
(1) A primary street setback is measured from the primary street lot line.
(2) A side street setback is measured from the side street lot line.
(3) A side setback is measured from the side lot line.
(4) A rear setback is measured from the rear lot line.
(5) An alley setback is measured from the alley lot line.
Figure 38.260.060-2. Setback measurement.
Lot A Lot B
Primary Street Primary Street Side Street Lot Lot
Primary Street Lot Line
Rear Lot Line Rear Lot Line
Side Lot LineSide Lot LineSide Street Lot LineP rim ary Street Lot LineSide Street SetbackP rim ary Street SetbackRear SetbackRear Setback
Primary StreetSetback Side SetbackSide Setbackb. See 38.260.010.B to determine a primary street, side street, side, rear, or alley lot line.
5. Exceptions
a. Limited Encroachments
The following are allowed encroachments into required setbacks, subject to any and all
applicable International Building Code requirements and/or utility easements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-94 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Table 38.260.060-1.
ALLOWED ENCROACHMENT
Primary St. /
Side St. Setback
Side
Setback
Rear
Setback
Alley
Setback
Architectural Details (max)0'2.5'2.5'1'
Building elements attached to or integrated into the structure of a building, not available for human occupation. Examples
include: eaves, roof overhangs, gutters, awnings, canopies, belt courses, sills, lintels, pilasters, pediments, window wells
and steps and chimneys
Unenclosed Structures - ground story (max)0'2'2.5'1'
Unenclosed structures having all finished floors and ground surfaces more than 2.5 feet above grade and having a total
structure height less than 15 feet. Examples: porches, decks, stoops, landing platforms, gazebos, trellises, arbors, pergolas
Unenclosed Structures- above ground story (max)0'2'2.5'1'
Unenclosed structures having a total structure height of 15 feet of greater. Examples: balconies, upper-story light shelves,
exterior stairways
Mechanical/Electrical Equipment (max)0'0'2.5'1'
Examples: gas meters, electrical meters, water heaters, HVAC equipment, cisterns, wind turbines and solar panels
Waste Receptacle Enclosure (max)0'0'0'1'
Examples: trash compactors, garbage, recycling and food waste and associated screening
Fences and walls See 38.540.070
Signs See 38.550
b. Unlimited Encroachments
The following can encroach into a required setback to the extent necessary to perform their
proper function.
(1) Equipment related to public or utility operating systems, including related wires, conduits,
and pipes. Examples include hydrants, transformers, utility cabinets, water utility devices,
cable television boxes.
(2) Essential services Type I and Type II when they are within a utility easement.
(3) Sidewalks, multi-use paths, ramps, and driveways 2.5 feet in height or less.
(4) Vegetation, including trees, shrubs, flowers, herbs, vegetables, grasses, ferns, mosses, and
associated planters and raised planting beds, if applicable.
(5) Natural stormwater devices.
(6) Permanent or movable furniture including benches, tables, and bicycle and scooter
parking racks.
(7) Fire escapes are only allowed in a required side or rear setbacks only.
(8) Wheelchair ramps and lifts may encroach into any required setback, but must not be
located closer than 3 feet from any property line.
6. Relief
Relief of up to 10% of a required side, rear, or alley setback may be granted due to irregular
shaped lots, topography, utility access needs, existing or required easements, or preexisting
natural features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-95 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.070. - Transitions.
A. Zone edges.
1. Purpose.
To help mitigate the impacts of taller buildings on lower intensity zoning districts.
2. Applicability.
Subject lots are required to provide the following transition type as shown in the table below.
Table 38.260.070-1.
REQUIRED DISTRICT TRANSITION
ABUTTING LOT
R-AR-BR-CR-DB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIRESMXRESMX SUBJECT LOTR-A ----------------------------------
R-B ----------------------------------
R-C ----------------------------------
R-D 1a 1a ------------------1a ----------
B-1 1a 1a 2b 2a ----------2a --2a ----------
B-2 1b 1b 2a 2a ----------2a --1a ----------
B-2M 1b 1b 1a 2a ----------2a --1a ----------
B-3 1b 1b 1a 2a ----------2a --1a ----------
B-3C ----------------------------------
REMU
RES 1a 1a ------------------1a ----------
MX 1a 1a 2a 2a --------------1a ----------
NEHMU
RES ----------------------------------
MX 1a 1a 2a 2a ----------2a --1a ----------
B-P 1b 1b 2a 2a ----------2a --1a ----------
M-1 1b 1b 2a 2a ----------2a --1a ----------
M-2 1b 1b 2b 2b 2b 2b 2b 2b --2b 2b 1b 2b 2b ------
PLI ----------------------------------
Key:1a = Transition Type 1a required 2a = Transition Type 2a required -- = No transition required for subject lot
1b = Transition Type 1b required 2b = Transition Type 1b required
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-96 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
3. Standards.
a. Type 1a. Height stepback.
Subject LotAbutting Lot
A
b
Table 38.260.070-2.
Type 1a Standards No Alley Alley
A Setback from lot line - up to 3rd story (min)10'5'
B Setback from lot line - above 3rd story (min)22'13'
b. Type 1b. Height stepback with landscaping.
Subject LotAbutting Lot
A
b
Table 38.260.070-3.
Type 1b Standards No Alley Alley
A Setback from lot line - up to 3rd story (min)14'9'
Landscaping in setback (min per 50')Required Not required
Trees 2 large or 3 small n/a
Shrubs 16 n/a
B Setback from lot line - above 3rd story (min)22'13'
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-97 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
c. Type 2a. Horizontal setback.
Subject LotAbutting Lot
A
Table 38.260.070-4.
Type 2a Standards No Alley Alley
A Setback from lot line (min)10'5'
d. Type 2b. Horizontal setback with landscaping.
Subject LotAbutting Lot
A
Table 38.260.070-5.
Type 2b Standards No Alley Alley
A Setback from lot line (min)14'9'
Landscaping in setback (min per 50')Required Not required
Trees 2 large or 3 small n/a
Shrubs 16 n/a
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-98 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
e. Rules for Type 1a and Type 1b:
(1) Where a lot is adjacent to an RA or RB district, all setback distances must be increased by
3 feet.
(2) For subject lots facing RA and RB districts, and fronting a right-of-way less than 60 feet
wide, the upper level(s) of a building must be stepped back from the front property lines
according to the height stepback standard.
f. Rules for all transition types.
(1) Required transition types must be located along side and rear lot lines extending inward
to the subject property, or front property lines where the street right-of-way width is less
than 60 feet. Transition types cannot extend into, or be located within, any portion of an
existing street right-of-way.
(2) No buildings or structures, except for walls or fences, are allowed in the transition
setback area.
(3) Except when abutting an alley, no parking area, driveway or fire lane is allowed in the
transition setback area.
(4) Required landscaping must meet 38.540.
4. Measurement.
a. All building setbacks are measured from the lot line - see 38.260.060.
b. When the entire building is set back from the lot line at least 22 feet, the building can go
straight up - no step back is required.
Figure 38.260.070-1. Horizontal transition measurement.
Subject LotAbutting Lot
22’
5. Relief
Relief of up to 10% of a dimensional standard may be granted due to irregular shaped lots,
topography, utility access, existing or required easements, or preexisting natural features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-99 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.080. - Frontage.
A. Build-to
The amount of building facade that must be in the build-to zone.
1. Purpose
To regulate the placement of buildings so that buildings frame the public realm with a consistent
street wall.
2. Applicability
a. The build-to requirement applies to all lots.
b. The build-to requirement applies to the ground story of a building only.
3. Standards
a. General
(1) The build-to zone is the area on the lot between the minimum and maximum building
setbacks, for the full width of the site.
(2) The build-to zone is measured from the primary or side street lot line. The build-to zone
starts at the minimum building setback and extends to the maximum building setback.
Figure 38.260.080-1. Build-to zone.
Street
Max S
e
t
b
a
c
k
BUILD-
T
O
Z
O
N
E
Min Se
t
b
a
c
k
(3) No building or portion of a building facade can be located outside of the build-to zone,
until the build-to requirement for the lot, as specified for the zoning district, has been
met.
(4) Once the minimum build-to requirement has been met, buildings and structures may be
located in the area behind the maximum building setback.
b. Corner Lot
(1) On a corner lot where intersecting streets both have a build-to requirement, a building
must occupy the portion of the lot where the two build-to zones overlap:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-100 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(2) The building must occupy the build-to zones for both streets for a minimum of 30 feet
from the corner. Distance is measured away from the corner, starting at the edge of the
building occupying the area of overlap, parallel to the street lot line. This counts toward
the build-to requirement for both streets.
Figure 38.260.080-2. Build-to zone - corner lot.
Street
BUILD-
T
O
Z
O
N
E
30’
Max S
e
t
b
a
c
k
Min Set
b
a
c
k
Max Setba
c
k
Min Setba
c
k
30’
Area ofOverlap
(3) On a corner lot, a chamfered corner no more than 20 feet in width along both streets
qualifies as building facade in the build-to zone even where it extends outside of the
build-to zone. Chamfered corner width is measured parallel to the street lot line.
Figure 38.260.080-3. Build-to zone - chamfered corner.
Street
20’
M
a
x 20’ Max
Build-t
o
Z
o
n
e
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-101 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
4. Measurement
a. The required build-to is a percentage measured as the sum of all building facades occupying
the build-to zone, divided by the total lot width
b. The required build-to is calculated separately along each street lot line where a build-to is
required.
Figure 38.260.080-4. Build-to zone - measurement.
Street
B
BUILD-
T
O
Z
O
N
E
Min Set
b
a
c
k
Max Se
t
b
a
c
k
A1
A2
CALCULATION
=Build-to WidthA1+A2 (Building Facade in Build-to Zone)
B (Total Lot Width)
c. Portions of building facade providing vehicle access through the ground story of a building do
not count as building facade for the purpose of meeting the build-to requirement.
Figure 38.260.080-5. Build-to zone - measurement.
Street
Buildi
n
g
Facad
e
Buildi
n
g
F
a
c
a
d
e
Build-
t
o
Z
o
n
e
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-102 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
5. Exceptions
Where providing vehicle access prevents a building from meeting the required build-to, a reduced
percentage may be allowed, provided the portion of the lot in the build-to zone used for vehicle
access is no wider than the minimum required driveway width plus an additional 2 feet of width
on each side for clearance.
6. Relief
a. Relief allowed as needed to meet street vision triangle requirements.
b. Up to 10% relief to address placement of utilities and mechanical equipment.
c. Up to 20% relief allowed to provide for public open spaces, dining areas associated with on-
site restaurants.
Figure 38.260.080-6. Build-to zone - exceptions.
Street
Buildi
n
g
F
a
c
a
d
e
Build-
t
o
R
e
q
u
i
r
e
m
e
n
t
+2’
+2’
Min Wi
d
t
hAllowe
d
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-103 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.090. - Parking location.
A. Parking in Setbacks
1. Purpose
To minimize the impact of parked vehicles on the public realm and abutting development.
2. Applicability
The parking location limitations apply to all lots.
3. Standards
a. Parking spaces cannot be located in a required primary street or side street setback, except
that single/two-unit dwellings and townhouses with physically separated individual drive
aisles, may have one parking space located in a driveway in the required primary street or side
street setback for each parking space located directly in front of the driveway and outside of
the required front setback.
b. A drive aisle can be located in a required side setback, parking spaces cannot.
c. Drive accesses must be setback at least five feet from a side lot line, unless shared access, as
defined in article 8, with the adjoining property is approved. This standard does not apply to
the shared side property line of townhouses units with adjacent garages using attached drive
aisles.
d. Parking spaces and drive aisles are allowed in a required rear or alley setback.
4. Measurement
To determine a primary street, side street, side, rear or alley setback see 38.260.060.
5. Relief
Relief of up to 10% of a dimensional standard may be granted due to irregular shaped lots,
topography, utility access, existing or required easements, or preexisting natural features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-104 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
B. Parking Between the Building and Street
1. Purpose
To reduce the impact of vehicle dominated areas on the public realm and to promote a
comfortable, safe, engaging and attractive streetscape with active uses and landscaping along the
public realm.
2. Applicability
The parking location limitations apply to all lots.
3. Standards
a. No parking or other area designed for use by a vehicle can be located between the portion of
a building used to meet the build-to requirement and the street, when required by the zoning
district.
Figure 38.260.090-1. Parking location.
Primary StreetSide StreetNO PARKINGNO PARKING
b. All parking lots and other areas designed for vehicles that abut the primary or side street lot
line must be screened in accordance with 38.540.050.C.
4. Measurement
For build-to see 38.260.080.A.
5. Relief
a. ADA parking is allowed between the building and street when it provides a shorter accessible
path of travel.
b. Parking is allowed between the building and street when it is infeasible due to topography to
access behind the building.
c. Proposed alternatives must include design features to successfully mitigate the visual impact
of additional parking areas.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-105 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.100. - Vertical massing.
A. Building Height
The vertical dimension of a building.
1. Purpose
To help provide adequate light, air, safety, and to protect the visual character of an area and the
interests of the general public.
2. Applicability
The height limitations apply to all lots.
3. Standards
No building or portion of a building can exceed the maximum height in feet allowed in the zoning
district.
4. Measurement
a. Building height is measured as the vertical distance in feet from grade to the highest point of
the roof or parapet wall.
(1) For buildings with multiple roof types or pitches, the highest point of each roof type or
parapet wall must comply with the maximum building height as specified by the zoning
district.
(2) If the grade varies by more than two feet between opposite elevations of the building,
the maximum building height may be increased by one foot for every foot of grade
difference, up to a maximum increase of six feet.
Grade
PITCHED ROOF BUILDING FLAT ROOF BUILDING OTHER STRUCTURE
HeightHeightGrade GradeHeight
Figure 38.260.100-1. Height in Feet.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-106 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
5. Exceptions
a. The following encroachments can extend above the roof on a building constructed to the
maximum height, as specified below:
Table 38.260.100-1.
ALLOWED
ENCROACHMENT
Architectural Elements
Attached to or integrated onto the top of a building, not intended for human occupation.
Examples: steeples, spires, belfries, cupolas, domes, and flagpoles
Encroachment (max)25% of maximum district height
Setback from roof edge (min)0'
Safety Barriers
Used for safety, screening or protection. Examples: fencing, walls, parapets, railings and stairs
Encroachment (max)6'
Setback from roof edge (min)0'
Vertical Circulation
Floor area used only for building circulation and rooftop access. Examples: elevator room (and associated
equipment) and stairway access to roof
Encroachment (max)12'
Setback from roof edge (min)0'
Size (max % of building footprint) 10%
Unenclosed Structures
Attached to or integrated onto the roof of a building, intended for human shelter or activity.
Examples: shade structures, cabanas, pergolas, outdoor dining, permanent seating, beehives, and cooking
facilities
Encroachment (max)8'
Setback from roof edge (min)5'
Mechanical/Electrical Equipment
Supported by a roof related to public or privately-operated systems, including related wires, conduits, pipes
and visual screens. Examples: HVAC equipment, exhaust ducts, smokestacks, satellite dishes, ventilation fans,
chimney, flues, vent stacks, and generators
Encroachment (max)3’
Setback from roof edge (min)3'
Renewable Energy Systems
Supported by roof related to renewable energy such solar, wind or rainwater catchment. Examples: cisterns,
water tanks, wind turbines, solar panels, and solar water heaters
Encroachment (max)10’
Setback from roof edge (min)3'
Urban Farming System
Glass-enclosed framed structure used for the production of fruits, vegetables, flowers, and any other plants that
require special conditions of temperature. Examples: greenhouse, planthouse.
Encroachment (max)10'
Setback from roof edge (min)5'
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-107 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Table 38.260.100-1.
ALLOWED
ENCROACHMENT
Vegetation
Living organisms, absorbing water and organic substances through its roots and synthesizing nutrients.
Examples: trees, shrubs, flowers, herbs, vegetables, grasses, ferns, mosses and associated planters and raised
planting beds.
Encroachment (max)Unlimited
Setback from roof edge (min)3'
Signs See 38.550
b. Height restrictions for wireless facilities are in 38.330.
6. Relief
a. Relief of up to 10% of an encroachment dimensional standard may be granted due to
topographical issues, utility access, existing or required easements, or preexisting natural
features.
b. Urban farming systems can be closer than 5 feet to the edge of the roof if demonstrated
compliance with building and fire code.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-108 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
B. Wall Plate Height
The vertical dimension of the wall of a building or structure, supporting the roof structure.
1. Purpose
To help protect the scale and character of development in established neighborhoods.
2. Applicability
The wall plate height limitation applies to all buildings on the lot.
3. Standards
The wall plate height cannot exceed the maximum height in feet specified by zoning district.
4. Measurement
a. Wall plate height is measured from grade to the wall plate of the building.
b. Wall plate height is measured at the point where the exterior wall intersects the roof structure,
typically at the building corners. For complex roof forms - such as cross gables or standard
gables - the measurement applies at the corners, and the roof form then extends above this
height.
Dormer
FoundationGrade
Wall plate
height
Wall plate
height
c. Dormers located within the roof form above the wall plate cannot exceed more than 50% of
the width of the roof.
Figure 38.260.100-2. Wall plate height.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-109 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Up to 50% cumulatively
Roof Width Building Width
Dormer width Dormer widthDormer width
Figure 38.260.100-3. Maximum extent
of dormers.
5. Relief
Relief of up to 10% may be granted due to topographical issues, utility access, existing or required
easements, or preexisting natural features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-110 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.110. - Horizontal massing.
A. Dwelling Units Per Building
The maximum number of dwelling units allowed in a building.
1. Purpose
To help ensure that the size and scale of buildings are generally consistent with the mass and
scale requirements of a zoning district.
2. Applicability
The limitation on the number of dwelling units in a building applies to each building on the lot.
3. Standards
A building cannot have more than the maximum number of dwelling units allowed by the zoning
district.
4. Measurement
See article 8 for the definition of a dwelling unit.
B. Building Width
The horizontal width of a building on a lot, parallel to the street lot line.
1. Purpose
a. To promote fine-grained patterns of development and prevent long buildings that are
significantly out of context with traditional patterns by breaking wide buildings into multiple,
clearly distinguished building widths.
b. To encourage larger projects to provide open space for pedestrians and recreation.
2. Applicability
a. Building width requirements apply to all street-facing building facades.
b. Building width requirements also apply to any side of a non-residential building that is directly
adjacent to a residential zoning district and not separated by a public right-of-way.
3. Standards
a. General
(1) No street-facing building facade can be wider than the maximum building width allowed
by the zoning district.
(2) Two buildings can abut one another provided that they have no shared components and
are structurally independent from one another.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-111 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
b. Open Space as Building Break Alternative
(1) An open space meeting the following standards may be used to establish a continuous
structure as separate buildings for the purpose of meeting the maximum building width
requirement.
(2) The width of the open space must be at least 1/4 the width of the widest adjacent
building facade.
(3) The depth of the open space must be at least equivalent to the width of the open space
up to a maximum of 30 feet.
(4) The open space must meet the landscaping and building facade standards of
38.260.30.B.3.e, Public Outdoor Space.
Figure 38.260.110-1. Open space as building break.
Street
A
A/4
Min.
A
/
4(up to
3
0
’
)
A
4. Measurement
Building width is measured horizontally and parallel to each abutting street lot line from one end
of a building to the opposite end.
Figure 38.260.110-2. Building width measurement.
Building Width Building WidthBuilding Width Street
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-112 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
5. Relief
a. Relief of up to 10% of a dimensional standard may be granted due to irregular shaped lots,
topography, utility access, existing or required easements, or preexisting natural features.
b. Relief of up to 10% of a dimensional standard may be granted for institutional uses, such as
schools, places of worship, or community centers if the proposed use requires large internal
spaces that cannot be reasonably accommodated within the maximum building width.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-113 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.120. - Activation
A. Active Depth
The horizontal depth of a building that must contain active uses.
1. Purpose
To help minimize the impact of inactive spaces on the public realm and to promote a comfortable,
safe, engaging, and attractive built environment.
2. Applicability
a. Active depth standards apply to the portions of a building used to meet the required build-to -
see 38.260.080.
b. The active depth requirement applies to the ground story of a building only.
3. Standards
a. Applicable portions of a building must provide the minimum active depth required by the
zoning district.
b. No more than 20% of the floor area of the required active depth can be used for inactive uses
such as storage, hallways, stairwells, elevators, and equipment rooms.
c. Parking spaces and other vehicle use areas are not allowed in any portion of the required
active depth.
4. Measurement
Active depth is measured inward from the exterior face of the building facade,
Figure 38.260.120-1. Active depth measurement.
Active Depth (min)
Ground Floor only
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-114 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
5. Relief
Reduced depths will be considered where the applicant can successfully demonstrate the
proposed alternative design and configuration of the space is viable for an active use.
sec. 38.260.130. - Floor height.
A. Ground Story Height
The floor-to-floor height of the ground story of a building.
1. Purpose
To promote high-quality ground-story spaces that are adaptable and appropriate to their
intended use and surrounding context.
2. Applicability
The ground story height standards apply to all buildings that contain habitable space on the
ground story.
3. Standards
a. The ground story can be no less than the minimum ground story height required by the
zoning district.
4. Measurement
a. Ground story height is measured from the top of the finished floor of the ground story to the
top of the finished floor of the story above.
b. Where there is no story above, ground story height is measured from the top of the finished
floor to the top of the ceiling or roof structure above.
Figure 38.260.130-1. Ground story height.
GroundStoryHeight
GroundStoryHeight
c. The ground story of a building is determined as follows:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-115 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(1) The first story of building that is exposed a minimum of 6 feet above existing grade along
the full width of the building facade.
(2) The finished floor of a ground story can be no higher than 6 feet above existing grade for
any portion of the building perimeter. This may mean the ground story changes within
the same building.
Ground Floor
2nd Floor
3rd Floor
Roof
Ground Floor
2nd Floor
3rd Floor
Roof
Ground Story
6’ MAX
6’ MIN
Finished Grade
Finished Grade
Average Grade Average Grade
EXAMPLE: A (ELEVATION)
Figure 38.260.130-2. Determination of ground story - gentle slope
Figure 38.260.130-3. Determination of ground story - steep slope
Module 2
Module 1
2nd Floor
Ground Floor
3rd Floor
Roof
Roof
Finished Grade
Ground Floor
2nd Floor
3rd Floor
Ground Story
Ground Story
6’ MIN 6’ MAX
Module 1Elevations
Module 2Elevations
5. Relief
a. Relief may be granted down to the minimum floor height for occupied space allowed by the
building code, where necessary to align with existing floor heights in an existing dwelling.
B. Ground Floor Elevation
The finished floor height associated with the story of a building having its finished floor elevation
nearest to the finished ground surface.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-116 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
1. Purpose
To promote “eyes” on the street, increase the perception of safety and encourage visual
connections between the public realm and the exterior of a building.
2. Applicability
a. The ground floor elevation standards apply to all buildings that contain habitable space on the
ground story that are located within 20 feet of a street lot line.
b. The ground floor elevation standards apply only to the required ground floor active depth
portions of a building.
c. The ground floor elevation standards do not apply to portions of a building used for parking.
20’
ActiveDepth
(min)
StreetBoundaryLine
APPLICABLE
StreetBoundaryLine
NOT APPLICABLE
20’
Figure 38.260.130-4. Ground floor elevation.
20’
ActiveDepth
(min)
StreetBoundaryLine
APPLICABLE
AccessoryStructure
StreetBoundaryLine
NOT APPLICABLE
20’
No Ground StoryHabitableSpace
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-117 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
3. Standards
All applicable portions of a building must have a ground floor finished floor surface at:
a. A height no lower than the minimum ground floor elevation required by the zoning district.
b. A height no higher than the maximum ground floor elevation required by the zoning district.
4. Measurement
Ground floor elevation is measured from grade to the top of the finished floor of the ground story.
On corner lots, for the purpose of determining ground floor elevation, grade must be established
independently for each street-facing building facade.
5. Relief
Relief of up to 10% to a minimum or maximum ground floor elevation may be granted due to
preexisting natural features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-118 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.140. - Windows.
A. Transparent Area
The amount of transparent area on a building facade.
1. Purpose
To provide visual interest along the public realm by encouraging visual connections between the
public realm and the interior of a building.
2. Applicability
a. Transparency requirements apply to all street-facing building facades of a building.
b. Manufactured homes compliant with United States Department of Housing and Urban
Development (HUD) construction standards are exempt from transparency requirements.
3. Standards
a. Applicable ground and upper story building facades must meet the minimum transparency of
the zoning district.
b. To be considered transparent area, window and door glazing must meet the following:
Table 38.260.140-1.
Visible Light Transmittance External Reflectance
Ground story More than 60%Less than 20%
Upper story More than 30%Less than 40%
c. Transparent area may be temporarily covered by operable window treatments, such as
curtains or blinds.
d. Muntins, mullions, window sashes, window frames, and door frames, no more than 3 inches
wide are considered transparent area.
Figure 38.260.140-1. Windows.
Bulkhead
Glazing
Window Sash
Rail
Sill
> 3”
Door Frame
Window Frame
< 3”
Trim
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-119 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
e. For ground stories intended to be occupied by nonresidential uses, shelving and other visual
obstructions cannot be located within 5 feet of any ground story window or door counting
toward transparent area, measured inward from the exterior face of the transparent area.
Figure 38.260.140-2. Ground story transparency.
A
A
B
B
>5’
Section B
<5’
Section A
4. Measurement
a. Ground Story
(1) General
Ground story transparency is measured as a percentage, calculated as the sum of all
transparent area divided by the total facade area for the ground story.
(2) Commercial Ground Stories
(a) For ground stories intended to be occupied by nonresidential uses, facade area is
measured between 0 and 12 feet above the top of the finished floor of the ground
story.
(b) If the ground story height is less than 12 feet, facade area is measured between the
top of the finished floor of the ground story and the top of the finished floor above.
Figure 38.260.140-3. Ground story facade area - non-residential.
0’
12’
Finished Ground Floor
Ground StoryFacade Area
0’
12’
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-120 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(3) Residential Ground Stories
For ground stories intended to be occupied by residential uses, facade area is measured
between 1.5 and 8 feet above the top of the finished floor of the ground story.
Figure 38.260.140-4. Ground story facade area - residential.
1.5’
8’
Finished Ground Floor
Ground StoryFacade Area
1.5’
8’
b. Upper Stories
(1) Each upper story facade must meet the required transparency standard independently.
All facade area associated with an upper story having the same story designation (for
example: 4th story) is considered part of the same upper story facade.
(2) For the purpose of calculating upper story transparency, facade area is measured as the
portion of a facade area between the top of the finished floor for that story to the top of
the finished floor above. When there is no story above, it is measured to the top of the
wall plate.
Figure 38.260.140-5. Upper story facade area.
Finished Floor
Upper StoryFacade Area
Finished Floor
5. Relief
See 38.260.140(B)
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-121 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
B. Blank Wall Width
The distance between ground story windows or doors.
1. Purpose
To provide visual interest and activation along the public realm by limiting the area without visual
or physical connections between the public realm and the interior of a building.
2. Applicability
Blank wall width applies to street-facing building facades between 3 feet and 8 feet from the
finished ground floor elevation, measured vertically.
Figure 38.260.140-6. Blank wall facade area.
Applicable
Not Applicable
Not Applicable 3’
Finished Ground Floor
8’
3. Standards
a. Window and door openings meeting the transparent area requirements on ground story
facades can be separated by a distance no greater than the maximum blank wall width
specified by the zoning district. For the purpose of determining blank wall width, a garage
door providing access to a single vehicle parking space is considered to be a door opening
which meets the transparent area requirements on a ground story facade.
b. Facades that exceed the maximum allowed blank wall width may apply one or more of the
following treatments and may double the maximum blank wall width standard.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-122 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Small Trees
Small trees planted between a ground story
facade with no window or door openings and
the public realm.
A
CB
Dimensional Standards
A Treatment width (min % of blank wall width)100%
Tree type Small
B Planting frequency (min avg.) 5 per 100'
C Planting area depth (min)7'
Large Trees
Large trees planted between a ground story
facade with no window or door openings and
the public realm.
A
CB
Dimensional Standards
A Treatment width (min % of blank wall width)100%
Tree type Large
B Planting frequency (min avg.) 3 per 100'
C Planting area depth (min)15'
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-123 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Living Wall
A permanently fixed assembly located between
a ground story facade with no window or door
openings and the public realm that supports
plants, their growing medium, and irrigation.
A
Dimensional Standards
A Treatment area (min % of blank facade area)75%
Mural
A noncommercial image attached to the blank
wall. Murals must be approved by the review
authority.
A
Dimensional Standards
A Treatment area (min % of blank facade area)75%
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-124 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
4. Measurement
a. Blank Wall Width
Blank wall width is measured horizontally and parallel to the street lot line from edge of
transparent area to edge of transparent area, and edge of transparent area to edge of the
building.
Figure 38.260.140-7. Blank wall measurement.
Blank Wall Width
b. Treatment Width
Minimum treatment width is measured as a percentage, calculated as the cumulative width of
blank wall treatments divided by the total length of blank wall.
c. Treatment Area
Minimum treatment area is measured as a percentage, calculated as the cumulative area of
blank wall treatments divided by the total facade area within the blank wall width.
d. Planting Frequency
Planting frequency is measured as a ratio of the minimum number of plants required along
the total length of the blank wall width. A minimum of one plant of the required plant type
must be provided regardless of the width of blank wall treatment.
e. Planting Area Depth
Minimum planting area depth is measured as the horizontal dimension of growing medium
at the narrowest point, measured perpendicular to the applicable street lot line. The planting
area must be open to the sky for at least the required planting area depth.
5. Relief
Relief of up to 10% to a blank wall width dimensional standard may be granted due to preexisting
natural features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-125 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
sec. 38.260.150. - Entrances.
A. Street-Facing Entrance Spacing
An entrance providing access from the public realm to the interior of a building.
1. Purpose
To provide visual interest along the public realm, orient buildings to the public realm and
promote greater use and activation of the public sidewalk by limiting distance without physical
connections between the public realm and the interior of a building.
2. Applicability
Street-facing entrance requirements apply to all ground story street-facing building facades when
specified in the zoning district.
3. Standards
a. General
(1) A street-facing entrance must be provided to meet the street-facing entrance spacing
requirements of the zoning district. To qualify as a street-facing entrance, a building
entrance must meet the following.
(a) Be located on a ground story facade.
(b) Provide pedestrian access to the inside of a building.
(c) Remain operable at all times. Access may be controlled and limited to residents or
tenants.
(d) A primary street-facing entrance must face a primary street.
(e) A side street-facing entrance must face a side street.
(2) Non-required entrances are allowed in addition to required entrances.
(3) Accessory structures do not have to provide a street-facing entrance.
b. Entry Spacing
(1) Street-facing entrances cannot be separated by a distance greater than the maximum
allowed entrance spacing specified by the zoning district.
(2) If a primary street-facing entrance is provided, a side street-facing entrance is only
required when the building along the side street is greater than the maximum street-
facing entrance spacing requirement for the zoning district.
(3) On a corner lot, an angled entrance may be used to meet the requirement for a street-
facing entrance along both streets. The entrance spacing requirements for each street
still apply.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-126 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
4. Measurement
a. Maximum entrance spacing is measured as the horizontal distance from edge of door to edge
of entrance or entry feature and edge of entrance or entry feature to edge of the building.
b. The maximum entrance spacing requirements must be met for each building individually, but
are not applicable to adjacent or abutting buildings.
Figure 38.260.150-1. Entrance spacing measurement.
Street
Entran
c
e
Spaci
n
g
(max)
Entranc
e
Spacin
g
(max)
Entran
c
e
Spaci
n
g
(max)
No Ent
r
a
n
c
e
Spacing
5. Relief
Relief of up to 20% of the required dimensional standard on primary streets and 50% on side
streets may be granted due to topographical issues, utility access, existing or required easements,
or preexisting natural features.
B. Entry Features
Improved design standards applied to entrances along the public realm.
1. Purpose
To provide architectural embellishment of entrances to promote inconspicuous way-finding in
the public realm, provide greater shelter and comfort to users, promote visual interest along the
public realm, and highlight the connection between the public and private realm to improve
walkability.
2. Applicability
Entry features are required when specified in the zoning district.
3. Standards
a. General
(1) Required entry features must abut and provide direct access to a street-facing entrance.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-127 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
(2) An entrance directly accessed from an entry feature counts as street-facing, regardless of
whether the entrance faces the street.
(3) Required entry features must provide direct access from the sidewalk (or street if no
sidewalk) abutting the street lot line.
b. Entry Feature Options
Each required street-facing entrance must include one of the following entry features.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-128 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Porch
A wide entry or landing area providing sheltered access to a street-facing entrance.
B A
Dimensional Standards
A Depth (min)5'
B Width (min)6'
Covered Required
Enclosed Not allowed
Covered Entry
A narrow entry landing area providing sheltered access to a street-facing entrance.
B A
Dimensional Standards
A Depth (min)3'
B Width (min)4'
Covered Required: door only
Enclosed Not allowed
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-129 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
Recessed Entry
A space set behind the primary facade plane providing sheltered access to a street-facing entrance.
B A
Dimensional Standards
A Depth (min)3'
B Width (min)5'
Enclosed Not allowed
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-130 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
4. Measurement
a. Entry Feature
(1) Depth
Minimum entry feature depth is measured as the dimension where the occupiable
portion of the entry feature is at its shallowest.
(2) Width
Minimum entry feature width is measured as the dimension where the occupiable
portion of the entry feature is at its narrowest.
b. Enclosed
Cannot have any enclosing features, including glass and screens, higher than 42 inches above
the floor of the entry feature except for the roof, roof supports, and railings.
5. Relief
a. Sites with steep slopes and/or those facing busy arterial streets and very limited pedestrian
traffic may warrant some flexibility (particularly in residential districts).
b. Public or utility facilities where windows may compromise operations or security may be
granted flexibility from the street-facing entrance requirements.
c. Other proposed alternative design treatments must provide equivalent weather protection
benefits.
sec. 38.260.160. - Supplemental standards.
A. Supplements standards for REMU.
1. Limitation on non-residential uses.
a. Non-residential uses cannot exceed 30 % of the total gross building square footage of all uses
within the master planned area unless otherwise allowed through master site plan review.
b. 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 used in the calculation.
c. The specific method of tracking will be determined during the master site plan or site plan
review.
d. Home-based businesses can be excluded from the calculation of total gross building square
footage of non-residential uses.
e. Non-residential uses intended for public benefit and shared public amenities can be excluded
from the calculation of total gross building square footage of non-residential uses. This
includes, but is not limited to, schools, parks, community centers, city operated services and
structured parking facilities.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 2-131 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 2 - ZONING DISTRICTS
2. Development review applications.
a. To accomplish the purpose of the district, the REMU district is anticipated to be located on
sites five acres or larger.
b. 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 7.
c. Project applications for subsequent project phases in compliance with an approved master
site plan may be reviewed as a site plan review or sketch plan review in accordance with
38.740.
d. All development review applications for property in the REMU district smaller than five acres
are subject to the standards in this section and may be subject to review as a master site plan
per 38.740 upon a finding by the city that:
(1) 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;
(2) The proposed development is located at an intersection deemed to have special
significance;
(3) The proposed development may have a significant impact on existing transportation and
open space network, pedestrian and bicycle travel; and/or
(4) The proposed development requires a multi-year approval and multiple phases for
completion.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20252-132 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 3. -
LAND USE
DIVISION 38.300. - ALLOWED USES ............................................................................................3-3
Sec. 38.300.010. - Use table key. ..................................................................................................................3-3
Sec. 38.300.020. - Allowed use table. ..........................................................................................................3-4
Sec. 38.300.030. - Use interpretation. ..........................................................................................................3-7
DIVISION 38.310. - GENERAL USE STANDARDS .......................................................................3-8
Sec. 38.310.010. - Agricultural water user facilities. ..................................................................................3-8
Sec. 38.310.020. - Condominiums. ..............................................................................................................3-9
Sec. 38.310.030. - Marijuana. .......................................................................................................................3-10
Sec. 38.310.040. - Dwelling unit restrictions. ...........................................................................................3-11
DIVISION 38.320. - SPECIFIC USE STANDARDS ......................................................................3-12
Sec. 38.320.010. - Purpose. ...........................................................................................................................3-12
Sec. 38.320.020. - Applicability. ...................................................................................................................3-12
Sec. 38.320.030. - General residential uses. ..............................................................................................3-12
Sec. 38.320.040. - Group residential uses. ...............................................................................................3-16
Sec. 38.320.050. - Recreation, culture and entertainment uses. .........................................................3-19
Sec. 38.320.060. - Lodging uses. ................................................................................................................3-20
Sec. 38.320.070. - Public, government and regional uses. ...................................................................3-29
Sec. 38.320.080. - Personal service and general service establishment uses. ..................................3-29
Sec. 38.320.090. - General retail uses. ......................................................................................................3-31
Sec. 38.320.100. - Industrial and wholesale uses. ...................................................................................3-35
Sec. 38.320.110. - Agriculture uses. ............................................................................................................3-35
Sec. 38.320.120. - Accessory uses. .............................................................................................................3-36
DIVISION 38.330. - WIRELESS FACILITIES ...............................................................................3-42
Sec. 38.330.010. - Purpose and applicability. ...........................................................................................3-42
Sec. 38.330.020. - Special submittal requirements. ................................................................................3-43
Sec. 38.330.030. - Uses within districts and required review procedures. ........................................3-43
Sec. 38.330.040. - Standards. ......................................................................................................................3-45
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.340. - AFFORDABLE RENTAL HOUSING ...........................................................3-52
Sec. 38.340.010. - Purpose. ..........................................................................................................................3-52
Sec. 38.340.020. - Applicability and affordability requirements. ..........................................................3-52
Sec. 38.340.030. - Affordable housing plan required; pre-application meeting. .............................3-54
Sec. 38.340.040. - Incentives. .....................................................................................................................3-57
Sec. 38.340.050. - Development standards for affordable dwellings. ...............................................3-61
Sec. 38.340.060. - Alternatives for land donation and cash-in-lieu. .................................................3-62
Sec. 38.340.070. - Administration. ..............................................................................................................3-63
Sec. 38.340.080. - Noncompliance and sanctions. ...............................................................................3-63
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Division 38.300. - ALLOWED USES
sec. 38.300.010. - Use table key.
The uses listed in 38.300.020 are deliberately broad and some are given special definitions in article 8.
The purpose 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.
A. Principal uses.
1. P = Use permitted as a principal use.
2. P* = Use permitted as a principal use and must meet the use standards (link provided in right-
hand column of table).
B. Accessory uses.
1. A = Use permitted as an accessory use.
2. A* = Use permitted as an accessory use and must meet the use standards (link provided in right-
hand column of table).
C. Special uses.
1. S = Use requires special use approval (see 38.740.100).
2. S* = Use requires special use approval and must meet the use standards (link provided in right-
hand column of table).
D. Uses not allowed.
1. - = Use not allowed.
2. If a specific use is not listed and cannot be interpreted as the same as, or substantially similar to, a
listed accessory, principal, or special use in accordance with 38.300.030, the use is not allowed.
3. Any use or combination of uses allowed in a zoning district may be reviewed and approved on a
single site, unless specifically restricted elsewhere in this chapter. Multiple structures containing
allowed uses may be located on a single site, provided all applicable requirements of this chapter
are met.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
sec. 38.300.020. - Allowed use table.
Use
REsiDEnTiAl CoMMERCiAl & MiXED UsE inDUsTRiAl
Use StandardR-AR-BR-CR-DB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIGeneral Residential
Single-unit dwelling P P P P —————P P ————
Two-unit dwelling P P P P —————P P ————
Three-unit dwelling P*P P P —————P P ————38.320.030.A
Four-unit dwelling P*P P P —————P P ————38.320.030.A
Multi-unit dwelling —P*P*P P*P*P P P*P P P*P*——38.320.030.B
Townhouse/rowhouse P*P*P*P*P*S*P*P*—P*P*P*———38.320.030.C
Group Residential
Community residential
Up to 8 residents P P P P P P P P P*P P P ———38.320.040.A
9 or more residents S P P P —S S ——P —S ———
Cooperative household P P P P —————P S ————
Group living P*P*P*P*P*P*P*P*P*P*P*P*———38.320.040.B
Lodging house S S P P —S S S S*P —————38.320.040.C
Recreational vehicle park S*S*—————————————38.320.040.D
Transitional & emergency housing S*S*S*S*—S*S*S*S*S*S*S*S*—S*38.320.040.E
Recreation, Culture &
Entertainment
Adult business ————————————P*P*—38.320.050.A
Amusement & recreation —————P P ———P —P S —
Arts & entertainment center ————P P P P P P*P ———P 38.320.050.B
Casino ————————————S S —
Community center P P P P P*P*P*P*P*P*P*P*P*P*P*38.320.050.C
Golf course S S —————————————
Private schools, K-12 S S S S ———————————
Lodging
Bed & breakfast S S P P —————P S ————
Hotel/motel —————P P P P P*P P P P —38.320.060.A
Public, Government &
Regional
Business, trade, technical
or vocational school ————P*P P P —P P P P P P 38.320.070.A
Cemetery ——————————————P
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Use
REsiDEnTiAl CoMMERCiAl & MiXED UsE inDUsTRiAl
Use StandardR-AR-BR-CR-DB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIEssential services
Type II P*P*P*P*P*P*P*P*P*P*P*P*P*P*P*38.320.070.B
Type III S*S*S*S*S*P*P*S*S*S*P*P*P*P*P*38.320.070.B
Meeting hall —————P P P —P —————
Production manufacturing
& generation (electric/gas)—————————————S P
Public institution ——————————————P*38.320.070.C
Public building/publicly owned land used for a park, playground or open space
P P P P P P P P P P P P P P P
Solid waste transfer station —————————————S P
Solid waste landfill ——————————————S
Truck, bus or rail terminal ——————————P —P P P
Personal & General
Service
Animal shelter ——————————S —S S P
Automobile washing —————P P S —S P —P P —
Daycare center P P P P P P P P P*P P P S S P 38.320.080.A
General service —P*P*P*P*P P P P P P P*P S —38.320.080.B
Health & exercise —P*P*P*P*P P P P P P S*P P —38.320.080.C
Medical/dental office,
clinic ——S*S*P*P P P —P P P P P —38.320.080.D
Mortuary —————S S S ———————
Office ——S*S*P*P P P P P P P P P —38.320.080.E
Personal service —P*P*P*P*P P P P P P*P*P*P*—38.320.080.F
Truck, bus repair, washing,
& fueling ——————————S —S P P
General Retail
Alcohol sales, on-premise consumption ————S*S*S*S*S*S*S*S*S*S*—38.320.090.A
Automobile fuel sales/
repair ————S*S*S*S*—S*P*—P*P*—38.320.090.B
Convenience use —————P*P*P*—P*P*————38.320.090.C
Heavy retail and service
establishment —————P S S —S P —P P —
Restaurant ——P*P*P*P P P P P P*P*P*P*—38.320.090.D
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Use
REsiDEnTiAl CoMMERCiAl & MiXED UsE inDUsTRiAl
Use StandardR-AR-BR-CR-DB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLIRetail
Less than 40,000 sf GFA ——P*P*P*P P P P P P/S*P*S*S*—38.320.090.E
40,000 sf and over GFA ————P*P*P*P*P*——————38.320.090.E
Industrial & Wholesale
Junk salvage/automobile
reduction/salvage yard —————————————S —
Manufacturing
Artisan ————P P P P P P P P P P —
Light —————S S S —P P P*P*P —38.320.100.A
Moderate —————S S ———P P P P —
Heavy ————————————S P —
Outside storage ————————————P P P
Warehousing ——————————P —P P —
Warehousing, mini storage —————————P*—P*P*—38.320.100.B
Agriculture 38.320.110
Community garden P*P*P*P*P*P*P P P P P P P P P 38.320.110.A
Urban farm P ———P P P P P P P P P P P 38.320.110
Accessory
Accessory buildings, uses and equipment A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.120.A
Accessory dwelling unit A*A*A*A*—————A*A*—A*A*—38.320.120.B
Daycare center A A A A A A A A A A A A A A A
Family/group day care A A A A A A A A A A A A A A A
Farm stand A*A*A*A*——————A*———A*38.320.120.C
Greenhouse A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.120.D
Essential services: Type I A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.070.E
Home-based business A*A*A*A*A A A A A A A A A A —38.320.120.F
Short term rental
Type 1*—A A A —A A A A A A ————38.320.060.B
Type 2*—A A A —A A A A A A ————38.320.060.B
Outdoor sales and display ————A*A*A*A*A*A*A*A*A*A*—38.320.120.G
Outside storage —————A A ———A A A A A
Refuse & recycling
containers A A A A A A A A A A A A A A A
Temporary buildings
and yards incidental to
construction work
A A A A ——————A A A A —
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Use
REsiDEnTiAl CoMMERCiAl & MiXED UsE inDUsTRiAl
Use StandardR-AR-BR-CR-DB-1B-2B-2MB-3B-3CREMUNEHMUB-PM-1M-2PLITemporary sales & office building A A A A ———————————
Other uses, buildings
& structures typically
accessory to allowed uses
A A A A A A A A A A A A A A A
KEY P = Permitted as a principal use A = Permitted as an accessory use;
S = Special use approval required * = Use standards apply — = Use Not allowed
sec. 38.300.030. - Use interpretation.
A. When a use is not clearly defined or otherwise identified in this chapter 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 where it is proposed to be
located; or
2. That the use is so similar to one or more uses permitted in the district where 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 where the use
is proposed to be located, in terms of:
(1) The amount, type, and pattern of vehicle, pedestrian, and bicycle traffic anticipated for
the use, and
(2) The expected outdoor uses and activities associated with the use;
b. Neither the purpose of this chapter or the purpose of the district will be abrogated by such
classification.
3. 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, accessory,
or special use. In making a determination, the city commission must find that the criteria in either
subsection A.1 or A.2 of this section are met.
C. However, an amendment to the text of this chapter may be submitted for review and approval to
allow such use as a listed principal, special or accessory use.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Division 38.310. - GENERAL USE STANDARDS
sec. 38.310.010. - Agricultural water user facilities.
A. Purpose.
1. The purpose of this section is to recognize and protect property rights established through water
rights issued by the State of Montana and the associated rights of conveyance for agricultural
water user facilities. Development of land has potential to negatively impact such rights and
function of such facilities. The state has adopted requirements including but not limited to MCA
70-17-112, 85-7-2211 and 85-7-2212, to protect agricultural water user facilities and prevent
interference with them.
2. The realignment or relocation of active agricultural water user facilities is discouraged. If an
agricultural water user facility or points of diversions thereon are proposed to be realigned
or relocated, the developer's professional engineer must certify, prior to final plat approval or
final routing for building permits or allowance of operation under a zoning approval, that the
water entering and exiting the realigned or relocated agricultural water user facility is the same
quality and amount of water that entered or exited the facility prior to realignment or relocation.
Relocation or realignment must be approved by the facility owner. The relocation of a point of
diversion for an agricultural water user facility may require change authorization approval from
the Montana department of natural resources and conservation pursuant to MCA 85-2-402.
B. Notice requirements concerning agricultural water user facility:
The requirements of this section only apply to a proposed development where an agricultural water
user facility is present on-site, or on an adjoining property within 100 feet of the exterior boundaries
of the proposed development.
1. The developer must:
a. Provide written notice to the applicable water users and/or agricultural water user facility's
authorized representatives of the proposed development,
b. Provide them with a copy of the proposed development layout,
c. Provide a description of any proposed modifications or anticipated adverse effects to the
agricultural water user facility,
d. Provide a description of any mitigation proposed to remedy such adverse effects, and
e. Provide 30 business days for the water users and/or agricultural water user facility's
authorized representatives to submit written comments.
2. Notice to the water users and/or agricultural water user facility's authorized representatives must
be as follows.
a. In the event the agricultural water user facility conveys water rights for an incorporated or
otherwise organized group of water users such as a ditch or canal company or water users
association, written notice must be sent to the board of directors or executive officer of the
organized group at the address listed on the water rights abstract. The notice must request
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
that the board or officer provide the notice to any of its members with a contract interest in
water being conveyed in the agricultural water user facility that is present on-site. In the event
the agricultural water user facility conveys water rights for individual water rights owners, the
developer must give written notice to all water users.
b. In the event the agricultural water user facility conveys water rights in a combination of
the scenarios described in 2.a and 2.b above, the developer must give written notice to
all identified water right owners. The notice must be sent to the water rights owner at the
address listed on the water rights abstract obtained from the official water rights records
of the Montana Department of Natural Resources and Conservation. The pre-application
or concept plan submittal must include the names and contact information for the water
users and agricultural water user facility's authorized representatives that were provided with
written notice, and the date they were provided written notice; and a copy of the notice sent.
3. If the water users and/or agricultural water user facility's authorized representatives have provided
the applicant with written comments, those comments must be submitted with the pre-
application or concept plan submittal.
4. If there are changes to the project between the pre-application plan or concept plan submittal
and formal application stage that would result in additional impacts to the agricultural water user
facility, the developer must comply with the notice and documentation requirements described
above to be submitted with the formal application.
5. If the subject of this subsection was fully addressed with a previous development review and a
new application is fully in compliance with the earlier approval then compliance with the notice
provisions of this subsection is not required.
C. Maintenance of agricultural water user facilities.
Persons holding water rights, agricultural water user facility owners, or their representatives may
conduct necessary maintenance such as cleaning and removal of accumulated silt, branches, trees,
sticks and other debris as well as repair or restoration activities consistent with state law and the
terms of any applicable easement or other authority.
D. Easements.
Agricultural water user facilities may also be subject to 38.410.060.
sec. 38.310.020. - Condominiums.
A. Unit ownership act.
Condominium developments must comply with all provisions of the Unit Ownership Act, MCA 70-
23-101 et seq., and all regulations adopted to implement to Act.
B. Condominium association.
A condominium association must be established for each condominium development. The
developer must prepare bylaws for the condominium association to provide for the operation and
mainenance of the condominium development, in compliance with this chapter. The bylaws must
be submitted to the city for review and approval prior to the granting of plan approval or approval for
condominiumization of existing development. City enforcement follows 38.100.100.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
C. Internal circulation.
Internal circulation in a condominium development must be designed in accordance with 38.530,
and must, when deemed necessary by the city engineer, comply with 38.400.020.
sec. 38.310.030. - Marijuana.
A. Any activity involving a marijuana business as defined in chapter 16 must meet all requirements of
state law including, but not limited to, the standards of MCA 16-12-101 et seq., and any applicable
administrative rules established by the state. Should such rules or laws change, any marijuana
business must immediately begin any required process to come into compliance with the new rules.
This includes submittal for review of applications to the city as they may relate to zoning, licensing, or
other municipal requirements. Compliance with city zoning regulations does not shield any person,
corporation, or other legal entity from the requirements of, or enforcement by, other governing
entities, or from civil liabilities.
1. Unless specifically exempted, any person or existing or proposed entity intending to conduct
activities which meet the definitions of "agriculture," "manufacturing," "office" or "retail" as
established in 38.800 which is for the purpose of cultivation, manufacturing, processing,
transporting, testing, distribution, sale or any other marijuana business must, in addition to this
section, comply with all other provisions of this chapter, and must not be located within 500 feet
of and on the same street as:
a. All schools or facilities, where students are regularly present, owned or operated by Bozeman
School District 7 whether located inside or outside the city limits; or
b. All private schools, not including home schools, where students are regularly present, whether
located inside or outside the city limits, which provide instruction in the class range from
kindergarten to 12th grade and which are either subject to MCA 20-5-109, or listed as a
kindergarten provider by the county superintendent of schools.
c. Any postsecondary school defined by MCA 20-5-402, where students are regularly present.
d. A building used exclusively as a church, synagogue, or other place of worship as defined for
the purposes of this section by the state.
e. For purposes of this section, distances will be measured pursuant to state law and rules
promulgated by the state.
2. All medical marijuana businesses within the city limits that were duly licensed and authorized to
conduct medical marijuana business by the city on or before [the effective date of the ordinance
from which this section derives] are exempt from the above requirements in subsections 1.(a) -
1.(e) above and may continue to operate, including conducting businesses related to non-medical
marijuana, in the established location at the size and capacity originally licensed. Any marijuana
business that is duly licensed by the state and city to operate in a location and is operational prior
to a school, postsecondary school, church, synagogue, or other place of worship establishing
a location that would have precluded the marijuana business from being licensed based on the
restrictions subsections 1.(a) - 1.(e) above, may continue to operate in the established location at
the size and capacity originally licensed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
3. Any activities meeting the definitions of "agriculture," "manufacturing," "office," or "retail"
as established in article 8 which is for the purpose of cultivating, growing, processing,
manufacturing, testing, transporting, distribution, and/or any other activity related to marijuana
business where marijuana or marijuana product is physically present may not be located in the
R-A, R-B, R-C, R-D and B-3C.
4. The requirements of subsections A.1 and A.2 above do not apply to personal use or personal
growing of marijuana plants permitted by state law.
5. Establishing a marijuana business may result in a change in the designation of building code
occupancy type. A change in use or occupancy type may require physical modifications to the
structure, which must be approved by the building division prior to any construction as required
by 38.700.100.
6. Air discharge control. Any marijuana cultivation, growing, manufacturing or processing operation
must provide a forced air vent discharge point that provides a mechanical filtration system to
control discharges of particulates and odors. The ventilation filtration system must be designed by
a mechanical engineer licensed to practice in the state such that odors and particulates may not
be detected by unaided human observation at the property boundary, and noise produced by the
system must be controlled and minimized.
7. Any person applying for a zoning approval for a marijuana business must provide evidence of
state licensure and must maintain state licensure approval at all times. Failure to maintain any and
all state licensing requirements may immediately suspend zoning approval to operate a marijuana
business in the city.
8. These regulations are for review of applications to the city and do not restrict property owners
from establishing more stringent standards for their properties.
sec. 38.310.040. - Dwelling unit restrictions.
A. No use of unfinished structures.
No cellar, garage, tent, tepee, yurt, basement with unfinished structure above, accessory building, or
vehicle; or any manufactured home or recreational vehicle outside of an approved manufactured
home community, recreational vehicle park, or approved individual lot in accordance with article 2
can at any time be used as a dwelling unit, unless approved for use as a temporary dwelling unit due
to a demonstrated hardship.
B. Use of basements.
The basement portion of a finished home must be properly damp-proofed and have nature lighting,
heating, ventilation, and suitable fire protection and exits if used for living.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Division 38.320. - SPECIFIC USE STANDARDS
sec. 38.320.010. - Purpose.
The purpose of this division is to further describe the standards and conditions under which certain uses
may be permitted as principal, accessory or special uses in specific districts.
sec. 38.320.020. - Applicability.
All uses listed in this division are subject to the specific standards described for each use, in addition to all
other applicable standards.
sec. 38.320.030. - General residential uses.
A. Three- and Four-unit dwelling.
1. R-A
Three- and four-unit dwellings are permitted only within existing residential structures on lots
that meet the definition of infill, and any expansion must not increase the gross floor area of the
structure by more than 25 %; nothing in this standard modifies or supersedes applicable building
code requirements.
B. Multi-unit dwelling.
1. R-B, R-C.
There is a limitation on the maximum number of dwelling units in a building - see 38.210.
2. B-1, B-P.
Total residential floor area is limited to 35% of the total gross floor area for the entire project.
3. B-2.
a. Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym,
lounge area, meeting space or mail room are allowed on the ground floor.
b. Allowed on the ground floor through the special use process.
4. B-3C.
Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym, lounge
area, meeting space or mail room are allowed on the ground floor.
5. M-1.
Total residential floor area is limited to 25% of the total gross floor area for the entire project.
State-adopted building codes have limits for the design for live/work spaces.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
C. Townhouse and rowhouse.
1. Purpose.
a. To enhance the character of the street.
b. To maintain "eyes on the street" for safety to pedestrians and to create a more welcoming and
interesting streetscape.
c. To de-emphasize garages and drive aisles as major visual elements along the street.
d. To provide usable open space for residents.
e. To reduce the apparent bulk and scale of large townhouse/rowhouse buildings.
f. To promote architectural variety that adds visual interest to the neighborhood.
2. Parking and garage access.
a. Setbacks. See article 2 for minimum building and garage setbacks for the applicable district.
b. For buildings with less than five attached units, see 38.250.060 for parking and garage
standards.
c. Individual garages facing the street are not allowed in the B-3 district when an alley is
adjacent to the property.
d. See 38.400.090.C for driveway standards.
3. Pedestrian entrances.
For rowhouses where the primary pedestrian access to the dwelling is from an alley or private
internal vehicular access, buildings must emphasize individual pedestrian entrances over
individual garages by using both of the following measures:
a. Enhance entries with a trellis, small porch, or other architectural feature that provides cover
for a person entering the unit and a transitional space between outside and inside the
dwelling.
b. Provide a planted area in front of each pedestrian entry of at least 20 square feet in area, with
no dimension less than four feet.
c. Alternative designs will be considered, provided they meet the purpose of the standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
4.
Figure 38.320.030-1. Good and bad examples of garage/entry
configurations. The left example features a landscaped area and a
trellis to highlight the entry. In the middle image, the balconies and
landscaped areas deemphasize the garage. In the right image, the lack
of landscaping near the entries would not be allowed (where this is the
primary pedestrian entry to the unit).
Internal drive aisle standards.
a. Must meet minimum widths of any city adopted International Fire Code.
b. Minimum building separation along uncovered internal drive aisles must be 24 feet. The
purpose is to provide adequate vehicular turning radius, allow for landscaping elements on at
least one side, and to provide adequate light and air on both sides of the dwelling units and
drive aisles, which often function as usable open space for residents.
c. Upper level building projections over drive aisles are limited to three feet, and must comply
with subsection 4.b. above.
5. Open space.
See article 2 for minimum amenity space requirements.
6. Building design.
a. Townhouse and rowhouse buildings must comply with residential building articulation
standards in 38.520.040.C except that the articulation intervals must be no wider than the
width of units in the building. Thus, if individual units are 15 feet wide, the building must
include at least three articulation features for all facades facing a street, common or other
shared open space, and common parking areas at intervals no greater than 15 feet.
b. Repetition with variety [see Figure 38.320.030-2 and Figure 38.320.030-3]. Townhouse and
rowhouse developments must employ one or more of the following "repetition with variety"
guidelines:
(1) Reversing the elevation of two out of four dwellings.
(2) Providing different building elevations by changing the roofline, articulation, windows,
and/or building modulation patterns.
(3) Adding a different dwelling design or different scale of the same design, such as adding a
one-story version of the basic dwelling design where two stories are typical (or a two-
story design where three stories are typical).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(4) Other design treatments that add variety or provide special visual interest. While the
variable use of color on buildings can be effective in reducing the perceived scale of the
building and adding visual interest, color changes alone are not sufficient to meet the
purpose of the standards.
Figure 38.320.030-2. Acceptable townhouse configuration
employing the repetition with variety concept.
Figure 38.320.030-3. Acceptable townhouse/rowhouse buildings
integrating the "repetition with variety" guidelines. The internal units in
the left image each have distinct, but identical windows and roof forms.
The outside unit is differentiated through the use of building materials,
window design, unit size, and facade detailing. The internal and external
units in the right example include reverse elevations.
7. Additional standards in R-A.
A set of townhouses/rowhouses can have no more than two attached units in a row.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
8. Additional standards in R-B.
A set of townhouses/rowhouses can have no more than eight attached units in a row.
9. Additional standards in B-1, B-2, B-2M, B-3 and B-P.
A set of townhouses/rowhouses must have a least five attached units in a row.
10. Additional standards in NEHMU.
A set of townhouses/rowhouses can have no more than four attached units in a row.
sec. 38.320.040. - Group residential uses.
A. Community residential.
1. B-3C.
Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym, lounge
area, meeting space or mail room are allowed on the ground floor.
B. Group living.
1. Applicability.
All group living uses except for health care facilities and community residential facilities are
subject to the standards of this section.
2. Density.
a. The density of residents in a group living use is limited to generally approximate and
correspond with the density limits that apply to other types of housing in residential zoning
districts. Limiting density addresses areas of legitimate public concern and the purposes of
zoning as established by the state legislature and adopted locally in 38.100.040.
b. For the purpose of these regulations, "residents" include all people living at the site, including
children; except that people who provide support services, building maintenance, care, and
supervision, are not considered residents.
c. Group living use requires the following area of land within the site for each resident.
(1) R-A: Minimum lot area of 750 square feet per person.
(2) R-B: Minimum lot area of 700 square feet per person.
(3) R-C: Minimum lot area of 600 square feet per person.
(4) R-D: Minimum lot area of 500 square feet per person.
(5) R-MH: Minimum lot area of 500 square feet per person.
(6) REMU: Minimum lot area of 500 square feet per person.
(7) All other districts: no minimum lot area per person.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
3. On-site services and facilities.
In any Residential district, on-site services and facilities may be provided only to residents of the
group living use.
4. Duration of occupancy.
Group living is not a substitute for a hotel, motel, or other transitory service facility. Therefore,
duration of terms of occupancy for residents is 30 days or greater.
5. Open space.
On-site open space for group living uses is required per 38.260.040.B.
6. Additional requirements in B-3C.
Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym, lounge
area, meeting space or mail room are allowed on the ground floor.
7. Fraternities and sororities.
a. Must provide one or more assembly space(s) internal to a building adequate in size to
accommodate not less than 90% of the enrolled members of the fraternity or sorority at the
time the use is approved by the City, but not less than 40 persons.
b. Assembly area occupant loads must be consistent with currently adopted State of Montana
Building Codes. The Building Department can evaluate the occupancy use and Occupant load
on a case-by-case basis.
C. Lodging house.
1. B-3C.
Allowed only in the upper stories of a building. Lobbies and shared facilities such as a gym, lounge
area, meeting space or mail room are allowed on the ground floor.
D. Recreational vehicle park and overnight campground.
1. Recreational vehicle parks must be screened from view of any adjacent residential development.
2. Internal circulation roads must be paved with a concrete, asphaltic concrete surface, or other
surfacing approved by the City.
3. Individual recreational vehicle parking pads must be plainly marked and maintained with a dust
free surface.
4. Approved trash disposal is required, and bathroom and laundry facilities may be provided for use
of overnight campers.
5. Recreational vehicle spaces must be separated by no less than 15 feet and must be no less than
1,000 square feet in area.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Figure 38.320.040-1. Recreational vehicle park and overnight
campground.
E. Transitional and emergency housing.
1. Purpose.
The purpose of this section is to provide for the regulation of transitional and emergency housing
and related services to ensure compatibility of uses and to promote public health, safety and
welfare.
2. Applicability.
This section applies to all transitional and emergency housing and related services as defined in
38.800.180.
3. Required standards.
The following standards must be met in order for a special use permit to be granted for the use:
a. Transitional and emergency housing may be provided in:
(1) A shared structure on any level where a residential use is allowed;
(2) A mixed-use structure on any level where a residential use is allowed;
(3) Detached ground-level units only if the units include individual bathrooms.
b. The structure must be on a permanent foundation approved by the building division.
c. The tract or parcel of land on which the use is proposed must be under single ownership,
or the application for the use must be filed jointly by all of the owners of the property to be
included in the development.
d. On-site facilities and related services are provided only for the residents of the transitional
and emergency housing unless the provision of services to non-residents is permitted in the
applicable zoning district.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
e. This use is exempt from parkland dedication requirements. Open-space requirements per
38.260.040.B apply.
f. A management plan from the applicant addressing the following factors:
(1) Provision for continuous on-site management from an employee or volunteer during all
hours of operation.
(2) Staff training.
(3) Intake screening of clients to insure compatibility with services provided at the facility.
(4) Client code of conduct.
(5) Provision of on-site storage for clients' belongings.
(6) Security measures to be adopted.
4. Additional criteria.
The review authority may, in its sole discretion, apply additional criteria deemed necessary to
mitigate impact(s) of the proposed use as a condition of approving a special use permit, including
but not limited to:
a. The site where such use is proposed is within ¼ mile of a sheltered public transit stop.
b. Limitation on the maximum occupancy and/or number of beds provided by the facility.
sec. 38.320.050. - Recreation, culture and entertainment uses.
A. Adult business.
An adult business must be separated by at least a 500-foot radius from any other adult use, residence,
residential district, school, place of worship, public park or any youth-oriented establishment.
Subsequent establishment of one of the above-listed uses within the required separation radius does
not compel the relocation of an adult business.
B. Arts and entertainment center.
1. REMU.
Limited to 12,000 square feet of gross floor area per arts and entertainment center.
C. Community center.
1. Within residential districts, there must be public street access onto an arterial or collector
standard street within 600 feet of the entrance to a community center site.
2. Community centers located within residential districts must, when any individual structure
exceeds 5,000 square feet in gross floor area or exceeds the district's allowed maximum height,
provide a 20 foot landscaped setback between the building and adjacent residential uses. A
structure separated from the adjacent residential uses by a parking lot, public street, watercourse,
public open space, or similar separation is exempt from the additional setback width requirement.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
3. Each community center site with more than 40 parking spaces must provide a minimum of two
ingress/egress points which comply with 38.400.090.
sec. 38.320.060. - Lodging uses.
A. Hotel/motel.
1. REMU.
Limited to 40,000 square feet of gross floor area per hotel/motel.
B. Short term rental.
1. Purpose and intent.
The purpose of this section is to provide for the regulation of short term rentals in certain zoning
districts within the city to preserve neighborhood character and promote a supply of long term
rental housing stock, while encouraging economic activity and diversity, and to promote public
health, safety, and welfare.
2. Applicability.
a. The provisions of this section apply to transient occupancy of a short term rental as defined
herein.
b. This section does not apply to any rental of a dwelling unit which is governed by The Montana
Residential Landlord and Tenant Act of 1977 (Landlord Tenant Act).
c. A lower-priced or moderate-priced home subject to and defined by 38.340, or a dwelling
that received financial support from the city, including but not limited to down payment
assistance, impact fee payment, or other consideration including affordable units developed
using regulatory incentives, infrastructure prioritization or assistance or a financial subsidy,
may not be used as a short term rental until such time as either the lien instrument against
the property in favor of the city securing the amount of such subsidy has been released and
the release recorded with the Gallatin County Clerk and Recorder's Office or the expiration
of an applicable affordability covenant. The prohibition on use as a short term rental under
this subsection will continue until the later of a lien release or expiration of an affordability
covenant.
3. Definitions.
For purposes of this section, the following definitions apply:
a. "Booking transaction" means any reservation or payment service provided by a hosting
platform that facilitates a short term rental transaction between an owner and a transient
occupant.
b. “Host” means a natural person who occupies a dwelling unit as the person’s primary residence
and has the legal right to offer the dwelling unit for use as a short term rental.
c. "Hosting platform" means a person or entity that participates in the short term rental business
by collecting or receiving a fee directly or indirectly for any booking transaction through
which an owner may offer a dwelling unit or portion thereof for transient occupancy. Hosting
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
platform includes but is not limited to an online service and an individual using any other
means to collect or receive a fee on behalf of an owner for a transient occupancy of a short
term rental.
d. "Operate, operation of," or "operating a short term rental" means the short term rental has
been rented by or on behalf of the host to the general public for compensation for transient
occupancy. "Operate" "operation of" or "operating" a short term rental does not include mere
advertisement of or offering to rent short term rental(s).
e. “Primary residence” means the dwelling unit a natural person occupies for a minimum of
seventy % of the calendar year. A natural person can have only one primary residence.
f. "Responsible person" means the person responsible for addressing all maintenance, nuisance,
and safety concerns related to a short term rental, as designated by the host.
g. Short term rental is defined in article 8 of this chapter.
h. "Transient occupancy" of a short term rental means occupancy which has the following
characteristics:
(1) The period of occupancy is less than 28 consecutive days, and
(2) The person(s) occupying the short term rental has a primary residence other than the
short term rental.
4. Short term rental classifications.
Short terms rentals are classified as:
a. Type-1:
A short term rental of one or more bedrooms a host’s primary residence while the host is
occupying the same dwelling unit for the entire short term rental period.
b. Type-2:
A Type-2 short term rental is the short term rental of a dwelling unit if the host is not
occupying the dwelling unit during the entire short term rental period. Type 2 short term
rentals include:
(1) Type-2A:
A short term rental of a dwelling unit if the host is not occupying the dwelling unit during
the entire short term rental period. The dwelling unit offered as a short term rental must
be the host’s primary residence, as defined herein.
(2) Type-2B:
A short term rental of an accessory dwelling unit (ADU) on the same lot as the host’s
primary residence, or a short term rental of no more than one additional dwelling unit
in the same building as the host’s primary residence regardless of whether the host is
present in the host’s primary residence during the short term rental period.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
5. Where allowed.
A host may operate a short term rental in all zoning districts where such use is authorized in
38.300.020 subject to the requirements of this chapter and pursuant to a valid and current short
term rental hosting permit.
6. Compliance with laws.
a. In addition to the provisions of this chapter, a host must comply with all other applicable local,
state and federal laws, including but not limited to city parking regulations, including time
limitations and ADA parking restrictions; lodging facility use tax and accommodations sales
tax regulations; health department permitting requirements; the Americans with Disabilities
Act; fair housing laws; building codes and fire codes, and the non-discrimination provisions
in chapter 24, article 10. Loss of any required permit or license will result in revocation of the
short term rental hosting permit in accordance with subsection B.11. of this section.
b. Compliance with all applicable laws and regulations is the sole responsibility of the host. City
approval of an application for a short term rental hosting permit in no way waives or transfers
to the city such responsibility. In addition, the host is solely responsible for verifying the use of
a property as a short term rental is compatible with insurance and mortgage contracts, home
owners' association covenants, rental agreements and any other contracts which govern the
use of the property.
7. Administration.
The director will collect all permit fees and will issue permits and renewals thereof in the name of
the city to all persons qualified under the provisions of this chapter and has the power to:
a. Make rules.
The director will promulgate and enforce all reasonable rules and regulations necessary
to the operation and enforcement of this section, including, but not limited to, providing
alternative means to comply with hosting platform reporting requirements of subsection B.10.
by maintaining an online tool accessible to the city that includes all required data. All rules are
subject to city commission review and modification.
b. Adopt forms.
The director will adopt all forms and prescribe the information to be given therein.
c. Obtain approvals.
The director will submit all applications to interested city officials for their approval as to
compliance by the applicant with all city regulations which they have the duty of enforcing.
d. Investigate.
The director will investigate and determine the eligibility of any applicant for a short term
rental permit as prescribed herein.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
e. Examine records.
The director may examine the books and records of any host when reasonably necessary
to the administration and enforcement of this section. The city may issue administrative
subpoenas as necessary to obtain information regarding a short term rental or booking
transaction.
f. Give notice.
The director shall notify any applicant of the acceptance or rejection of the application and
will, upon the director's refusal of any permit and at the applicant's request, state in writing
the reasons for the denial and deliver it to the applicant.
g. Record keeping.
The director will maintain at all times a record of permitted short term rentals, including the
full name of each host, the address at which such short term rental is operated, the date of
issuance, the fee paid therefor, the telephone and address of the host, and the time such
permit will continue in effect.
8. Hosting Permits.
The following requirements apply to all short term rentals hosting permits unless otherwise noted.
a. General.
It is unlawful for any person to operate within the city a short term rental without having first
obtained approval for a short term rental hosting permit with the department of community
development. A separate permit shall be required for each short term rental. Approval of a
short term rental application results in the city issuing a permit for the short term rental.
b. Application; submittal materials.
The applicant must complete and submit an application for a short term rental hosting
permit to the department of community development using a form provided by the city.
The form will include an acknowledgement and agreement the short term rental meets and
will continue to meet the definition of short term rental classification (Type-1, Type-2A, or
Type-2B) during the permit term. Before the application will be accepted by the director, the
applicant must provide:
(1) The name, telephone number, address, and email address of all property owners and of
the responsible person, if different. If the property owner is a business, the name(s) and
contact information of all business owners must be provided.
(2) The Montana Department of Revenue tax registration number for the short term rental.
(3) A sketch plan with a description of the short term rental, including street address, number
of bedrooms, and number of off-street parking spaces available for guests' use.
(4) Certification the short term rental meets and will continue to meet the definition of short
term rental classification (Type-1, Type-2A, or Type-2B) during the registration term.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(5) Certification the applicant has read, understands, and acknowledges the standards of this
section, the property is the applicant’s primary residence, and the applicant has the legal
right to offer the dwelling unit for use as a short term rental.
(6) All hosting platforms on which the short term rental is listed.
(7) The permit fee and fire inspection fee.
c. Safety inspections.
(1) Initial inspection.
Prior to issuance of the first short term rental hosting permit for any property, an
inspection by the city fire department must be completed and signed off by a city
fire inspector, or by an NFPA or ICC-certified fire inspector using an inspection form
approved by the city fire marshal. A fire inspection checklist form will be provided to the
applicant with the application materials. If a short term rental hosting permit lapses for
any period of time, upon reapplication for a permit an inspection must be completed and
signed off as described in this subsection before the short term rental hosting permit will
be issued.
(2) Re-inspection.
If re-inspection or multiple visits by a fire inspector are required before the inspection
form may be signed, an additional inspection fee will apply for each inspection after the
initial inspection.
(3) Subsequent inspections; self-certification.
A short term rental must be inspected by the city fire department every three years. The
host must self-certify continued compliance with each item on a fire inspection checklist
upon annual renewal of a permit for each year that an inspection is not required. The city
fire marshal may require a repeat inspection at any time upon complaint or evidence of
noncompliance.
d. Safety hazards.
The host acknowledges that the city, or any authorized representative thereof, have the right
to suspend operation of any short term rental when the city determines the short term rental
is causing or contributing to an imminent public health or safety hazard.
e. Fees.
Short term rental hosting permit and inspection fees shall be established by resolution of the
city commission.
f. Issuance of permit.
Once the applicant submits the completed application form, all required submittal materials,
and registration and inspection fees, the director will review the application form and
submittal materials and determine whether the short term rental meets all city requirements
for permit. The director may issue the short term rental hosting permit when:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(1) The director determines the short term rental meets all city requirements for a permit;
and
(2) The applicant has provided either a signed pre-operational inspection report from
the health department indicating the short term rental may operate as a public
accommodation or a valid and current public accommodation license issued by the state
of Montana department of health and human services pursuant to MCA 50-51.
g. Display of short term rental hosting permit number.
The host must include the short term rental hosting permit number issued by the city in all
listings and advertisements, of the host’s short term rental on any hosting platform and print
advertising.
h. Change in status of host.
A short term rental hosting permit does not run with the land, and a change in primary
residence status of the short term rental host terminates the permit. In order for the dwelling
unit to remain eligible for use as a short term rental after a host no longer uses the dwelling
unit as their primary residence, a new application identifying a new host as primary resident
must be submitted to the city.
i. Expiration.
Permits issued pursuant to this section are valid for one year from the month in which such
permit is issued and will expire automatically unless renewed in accordance with this section.
j. Renewal.
The host may apply to renew the permit annually using a form provided by the city. Renewals
must comply with the requirements of this Code which are in place at the time of renewal.
Failure of a host to renew a permit results in the termination of the lawful use of a property as
a short term rental. It is the host’s responsibility to renew the short term rental hosting permit
prior to the expiration of the permit. Failure of a host to renew a short term rental hosting
permit prior to the expiration of the current permit period requires the host to file a new
permit application for a short term rental hosting permit and is subject to the initial inspection
and fee.
9. Short term rental standards.
The following requirements apply only to Type-2 short term rentals unless otherwise noted.
a. Short term rental agreement; written rules for guests.
The short term rental owner must enter into a written rental agreement with the guest for
each stay in the short term rental.
(1) The guest must be provided with a written list of rules applicable to the short term
rental with the rental agreement, and the rental agreement must include a written
acknowledgement by the guests of their agreement to comply with such rules.
(2) The list of rules must include those rules required by this section to be included.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(3) The list of rules must be prominently displayed within the short term rental.
b. Responsible person.
The host must designate a person responsible for addressing all maintenance, nuisance, and
safety concerns related to a short term rental. The responsible person must be available
to take and respond to reports of concerns and complaints 24 hours per day, seven days
per week during the term of the short term rental hosting permit. The name and contact
information for the responsible person must be included in the list of rules.
c. Maximum occupancy for Type-2 short term rentals.
The maximum occupancy of a Type-2 short term rental is two persons per bedroom plus two
additional persons, except that this number may be reduced by the city based on available
parking spaces. The maximum occupancy will be noted on the short term rental hosting
permit and must be included in the list of short term rental rules.
d. Maximum number of bedrooms that may be rented in a Type-1 short term rental;
maximum occupancy.
The owner of a Type-1 short term rental may rent or offer for rent up to two bedrooms in
the dwelling, except that in a two-bedroom dwelling, only one bedroom may be rented
or offered for rent. No other area of the dwelling may be rented or offered for rent. The
maximum occupancy of a Type-1 short term rental is two persons per bedroom.
e. Trash removal.
The responsible person must ensure proper disposal of solid waste pursuant to local and state
rules, regulations and laws. The schedule for trash and recycling collection and instructions
for proper disposal must be included within the short term rental rules.
f. Signage.
Exterior signs identifying the unit as a short term rental are prohibited. During a rental period,
there must be a sign posted inside the front door of the short term rental showing the
locations of all fire extinguishers in the unit, the gas shut-off valve, and fire exits.
g. Noise and nuisance.
(1) The host of the short term rental must ensure that use of the short term rental by guests
is in compliance with the noise provisions of chapter 16, article 6 and all nuisance
provisions of this Code.
(2) A prohibition against making loud noise in such a manner as to disturb the quiet, comfort
or repose of a reasonable person of normal sensitivity must be included in the short term
rental rules.
(3) All outdoor activities producing noise discernible from a neighboring property shall cease
by 10:00 p.m. This requirement must be included in the short term rental rules.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
10. Hosting platforms obligations.
a. Compliance with laws.
In addition to the provisions of this section, a hosting platform must comply with all other
applicable local, state and federal laws.
b. Reporting requirements.
A hosting platform must provide a report to the city on a quarterly basis that includes, but is
not limited to the following:
(1) The address of each short term rental located in the city for which it conducts a booking
transaction;
(2) The name of any host or responsible person for each transient occupancy for which the
hosting platform conducted a booking transaction.
c. Required information for booking transaction.
A hosting platform must include the city permit number in all hosting platforms' publicly
available listings prior to performing a booking transaction for each short term rental within
the city.
d. Obligation to remove listings.
If the hosting platform has reason to believe a short term rental is in violation of any provision
of this Code, including but not limited to notice from the city of a violation or a host’s failure
to supply to the hosting platform the city permit number for the short term rental, the hosting
platform must remove the listing from its hosting platform within ten business days.
11. Violations; enforcement.
a. Registration suspension or revocation.
The director may suspend or revoke a short term rental hosting permit, impose administrative
remedies as provided herein, or enforce a suspension or revocation through a civil action
when the host commits one or more of the following acts or omissions:
(1) Failure to comply with any provision of this Code;
(2) Operating or allowing the operation of the short term rental in such a manner as to
create a public nuisance, cause a breach of the peace, constitute a danger to the public
health, safety, welfare or morals, or interfere with the rights of abutting property owners;
(3) Cancellation of the health department's public accommodation license, tax authority
registration, or any other required permit; or
(4) The securing of the permit by fraud or misrepresentation, including but not limited to
supplying false or incorrect information on the permit application.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
b. Procedure.
Should the director decide to suspend or revoke a hosting permit, the host will be given
notice and an opportunity to respond following the procedures in this subsection, except that
should the director determine the short term rental or its operation present a safety hazard or
require immediate remedy, the director may order operation of the short term rental to cease
immediately.
(1) The host will be notified in writing by the director at least seven days prior to the action
contemplated and the reasons therefore.
(2) Upon receipt of the notice, the host may request a meeting with the director. Such
request must be in writing and must be received by the director within seven days of
the host’s receipt of the notice. Failure on the part of the permittee to request in writing
a meeting and within the specified time period shall be a waiver of the host’s right to a
meeting.
(3) If a meeting is requested by the host, the director will set a time, date and place and will
so notify the host, in writing.
(4) When a meeting is conducted, the city will present the evidence supporting the
contemplated action. The director may request evidence be presented by other parties.
The host may present evidence. The director will take all evidence admitted under
advisement and once a decision has been made the director will notify the host of the
findings and decision in writing.
c. Civil penalty.
The director may recover the following civil penalties for any violation of this section. Each
day a violation continues constitutes a separate violation.
(1) For any violation by a host, the director may recover a civil penalty of not more than
$500.00.
(2) For any violation by a hosting platform, the director may recover a civil penalty of not
more than $500.00.
d. Appeal.
An aggrieved person may file an application to appeal the matter according to the procedures
in 38.760.030.
e. Unpaid fee constitutes debt.
The amount of any unpaid fee, the payment of which is required hereunder, constitutes a debt
due the city.
f. Violation constitutes a misdemeanor.
In addition to suspension or revocation under subsection 11.a of this section, or the
imposition of a civil penalty as provided herein, a knowing violation of this article constitutes a
misdemeanor punishable as described in 38.700.160 except a person may not be imprisoned
for a violation of this section.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
sec. 38.320.070. - Public, government and regional uses.
A. Business, trade, technical or vocational school.
1. B-1.
The footprint of an individual building cannot exceed 10,000 square feet.
B. Essential services.
1. All districts.
a. In recognition of MCA 69-4-201, city ordinances cannot conflict with the National Electric
Safety Code (NESC).
b. In recognition of MCA 69-3-102, vesting control over fees, charges, and tariffs for public
utilities in the public service commission, the city does not determine the costs charged to
customers for services.
c. Essential services of Types I, II, or III operable prior to September 3, 1991, must be considered
to have developed under an approved plan, and must be reviewed under 38.740.120.
2. R-A, R-B, R-C, R-D, B-1, B-3, REMU.
Type III only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
3. B-3C.
a. Type III only allowed when service may not be provided from an alternative site or a less
intensive installation or set of installations.
b. Type III not allowed on the ground floor of buildings unless visitor access is available from an
alley and another use not subject to this use standard is present to a minimum depth of 20
feet from the front building facade adjacent to a street.
C. Public institution.
Refuse and recycling facilities, group living, community residential; multi-unit dwelling, townhouses/
rowhouses, and health and exercise establishments are allowed accessory uses.
sec. 38.320.080. - Personal service and general service establishment
uses.
A. Daycare center.
1. B-3C.
Not allowed on the ground floor of buildings unless visitor access is available from an alley and
another use not subject to this use standard is present to a minimum depth of 20 feet from the
front building facade adjacent to a street.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
B. General service.
1. R-B, R-C, R-D
Limited to 3,000 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.
2. B-1, B-P.
The footprint of an individual building cannot exceed 10,000 square feet. However, this limitation
does not apply to vehicular parking lots and garages.
C. Health and exercise.
1. R-B, R-C, R-D
Limited to 3,000 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.
2. B-1, B-P.
The footprint of an individual building cannot exceed 10,000 square feet.
D. Medical/dental office, clinic.
1. R-C, R-D.
Limited to 2,500 square feet of gross floor area per individual tenant.
2. B-1.
The footprint of an individual building cannot exceed 10,000 square feet.
E. Office
1. R-C, R-D.
Limited to 2,500 square feet of gross floor area per individual tenant.
2. B-1.
The footprint of an individual building cannot exceed 10,000 square feet.
3. B-3C.
Use not allowed on the ground floor of a building unless visitor access is available from an alley or
side street, and another use not subject to this use standard is present to a minimum depth of 20
feet from the front building facade adjacent to a primary street.
F. Personal service
1. R-B, R-C, R-D.
Limited to 3,000 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.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
2. B-1, NEHMU, B-P, M-1, M-2.
The footprint of an individual building cannot exceed 10,000 square feet.
sec. 38.320.090. - General retail uses.
A. Alcohol sales, on-premises consumption.
1. 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.
2. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
a. A person operating a temporary event using a catering endorsement; or
b. The sales of alcohol for on-premises consumption pursuant to a state issued alcohol retail
license as long as such establishment complies with the following requirements and provides
the city an annual certification with its business license application of such compliance:
(1) Gambling or gaming is prohibited.
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 % 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 % of the facility, whichever is less.
B. Automobile fuel sales/repair.
In addition to applicable project design standards in article 5 and the requirements for all
convenience uses in 38.320.090.C and elsewhere in this chapter, the following requirements apply
to all service station and automobile uses. Compliance with all criteria listed in this section does not
necessarily guarantee approval by the city.
1. Gas pump and pump island canopies must be located not closer than ten feet to any side or rear
property line. Design of the canopy must architecturally match the design of the main building.
All lighting must meet the lighting standards of 38.560. The maximum height of the canopy must
not exceed 18 feet. All signs must conform to the sign regulations of 38.550;
2. All on-site activities, except those normally performed at the fuel pumps, must be performed
within a completely enclosed building;
3. Where towing service is to be provided, a parking bay for the towing vehicle must be provided.
Vehicles that are either under repair or vehicles that have been repaired may be stored on a
temporary basis, not to exceed seven days, and designated parking bays must be provided
for each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening
requirements as parking lots;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
4. All structures approved under these standards must be of a design character that is appropriate
to the area in which they are to be constructed. Color renderings of buildings must accompany
each application and construction must be in conformity thereto. Architectural detailing must be
consistent on all four sides of the building;
5. Parking space for each service stall in the station must be provided. Pump islands must not be
considered as service bays. Standing areas at pump islands and interior circulation areas must not
be used as parking areas in calculating required parking spaces;
6. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment is
permitted except as may be specifically allowed in that zone;
7. Automotive repair facilities.
a. All repairs or painting must be performed within a building;
b. No site plan will be approved which exposes unassembled vehicles, auto repair activities or
auto parts to any street or residential district;
c. Any facility must be designed to contain and minimize noise and odors; and
d. All facilities must have a water quality facility (oil/water separator) as part of the water quality
design for stormwater runoff, and must conform to 38.410.080.
C. Convenience use.
1. Standardized corporate identification themes integrated into the architectural design is
considered sign area and subject to the requirements of 38.560.
2. Screening of drive-through areas may be required to control glare affecting public right-of-way
or adjacent properties.
3. Noise from drive-through speakers must not be audible from adjacent residential districts.
D. Restaurant.
1. R-C, R-D.
a. Limited to 3,000 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. Hours of operation are
limited to between 6 am to 10 pm.
b. No building may include a drive-through facility for any type of sale or service.
c. Air discharge control. Any restaurant that provides a mechanical filtration or venting system
must control discharges of particulates and odors by placement of the exterior vent at least
10 feet from a property line or if closer than 10 feet elevated at least 20 feet from ground
surface. The ventilation system must be designed by a mechanical engineer licensed to
practice in the state.
2. B-1, B-P.
The footprint of an individual building cannot exceed 10,000 square feet.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
3. NEHMU.
Limited to 2,500 square feet of gross floor area per individual tenant.
4. M-1, M-2.
Occupying not more than 20 % of the gross floor area of a building or 1,500 square feet,
whichever is less, or occupying not more than 45 % of the gross floor area of a food processing
facility.
E. Retail.
1. Up 40,000 SF GFA.
a. R-C, R-D.
(1) Limited to 3,000 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.
(2) Retail uses must not include:
(a) Sales of marijuana or marijuana-related products.
(b) Sale of automobile fuels or operation of automobile repair services.
b. REMU.
(1) Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet
are limited to no more than 1 structure per 25 acres of contiguous master planned
development.
(2) Retail uses greater than 12,000 square feet and less than or equal to 25,000 square
feet are limited to no more than 1 structure per 50 acres of contiguous master planned
development.
c. B-1, B-P.
The footprint of an individual building cannot exceed 10,000 square feet.
d. NEHMU.
(1) Accessory retail sales of goods produced or warehoused on site and related products is
allowed, not to exceed 20 % of gross floor area or 10,000 square feet, whichever is less.
(2) Retail of 2,500 sq. ft. or less is a principal use. Retail greater than 2,500 sq. ft. as a
principal use requires a special use permit.
e. M-1, M-2.
(1) Accessory retail sales of goods produced or warehoused on site and related products,
not to exceed 20 % of gross floor area or 10,000 square feet, whichever is less.
(2) Retail as a principal use requires a special use permit.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
2. Retail 40,000 SF and over.
a. Purpose.
(1) The purpose of this section is to establish general development standards for large scale
retail developments. These standards are intended and designed to ensure compatibility
of uses; to prevent urban blight, deterioration and decay; and to enhance the health,
safety and general welfare of the residents living within the city.
b. Design and site development guidelines for certain retail developments.
(1) Adaptability for reuse/compartmentalization. The building design must include specific
elements for adaptation for multi-tenant reuse. Elements may include but are not limited
to compartmentalized construction, including plumbing, electrical service, heating,
ventilation and air conditioning. The building design must also allow for:
(a) The interior subdivision of the structure into separate tenancies;
(b) Facades that readily adapt to multiple entrances and adapt to entrances on all but
one side of the building;
(c) Parking lot that are shared by establishments or are linked by safe and functional
pedestrian connections;
(d) Landscaping that complement the multiple entrance design; and
(e) Other elements of design which facilitate the multi-tenant reuse of the building and
site.
c. Additional criteria and site development guidelines for certain retail developments.
(1) Applications must include a renewal plan that will afford maximum opportunity for the
rehabilitation or redevelopment of the structure in the event of closure or relocation by
the original occupant. The plan will be approved if the review authority finds that:
(a) The plan conforms to the applicable requirements of this chapter;
(b) A sound and adequate plan exists for redevelopment;
(c) The plan affords maximum opportunity for rehabilitation or redevelopment of the
structure by both private enterprise and the city; and
(d) The renewal plan provides a maintenance plan for normal repairs and upkeep of
property, including but not limited to building, parking lot and surfacing, landscaping,
signage and elimination of legible impressions, images, or remnants of signs
remaining on a building or sign surface after the use for which the sign was permitted
ceases to operate.
(2) The city may enter into an agreement with the owner of the real property and undertake
activities, including the acquisition, removal or demolition of structures, improvements
or personal property located on the real property, to prepare the property for
redevelopment. A development agreement entered into in accordance with this section
must contain provisions obligating the owner to redevelop the real property for a
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
specified use consistent with the provisions of this chapter and offering recourse to the
city if the redevelopment is not completed as determined by the city.
sec. 38.320.100. - Industrial and wholesale uses.
A. Manufacturing, light.
1. B-P, M-1.
Completely enclosed within a building.
B. Mini storage warehouse.
1. Minimum site size must be one acre.
2. Each mini warehouse site must provide a minimum of two exits;
3. All one-way drive aisles must provide for one ten-foot parking lane and one 12-foot travel lane.
Traffic direction and parking must be designated by signing or painting;
4. All two-way drive aisles must provide for one ten-foot parking lane and two ten-foot travel lanes;
and
5. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
Figure 38.320.100-1. Mini storage warehouses.
sec. 38.320.110. - Agriculture uses.
A. Community garden.
1. Owners and producers associated with the community garden may conduct on-site sales of
community garden-grown products provided the following requirements are met:
a. Only products grown within the community garden can be sold; and
b. Sales are limited to 4 times a month between the hours of 8:00 a.m. and 8:00 p.m.
B. Accessory agriculture uses.
1. For accessory agriculture uses, including Farm Stand and Greenhouse, see 38.320.120.C.
2. Agricultural use standards for animals per two and one-half acres: one horse or one cow; two
sheep or two goats; ten rabbits; 36 fowl (pheasants, pigeons, etc.) or six larger fowl (ducks,
geese, turkeys, etc.). For smaller or larger parcels the review authority may determine that a
proportionately smaller or larger number of livestock is consistent with the requirements of
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
this section. Animals regulated under Chapter 8 of the municipal code are not subject to these
standards.
3. Agricultural operations existing prior to annexation to the city may continue at the scope and
manner in place at the time of annexation as a lawful non-conforming use if they exceed the
allowed scope under this chapter for the applicable zoning district. Changes to the use are
subject to 38.790.020.
4. Targeted grazing for weed control and open space management may be allowed as a special
temporary use for short terms or as accessory use to another established use for longer terms
through other review processes. No targeted grazing is allowed prior to approval by the city
of a targeted grazing plan. The city may establish duration, location, and other limits deemed
necessary. The city manager may establish administrative procedures to administer this section.
sec. 38.320.120. - Accessory uses.
A. Accessory buildings, uses and equipment.
1. An accessory building is an integral part of the principal building if it is connected to the principal
building by a common wall for not less than five feet horizontally and eight feet vertically.
Figure 38.320.120-1. Accessory building example.
2. Accessory buildings, uses or equipment must not be stored or constructed between the
front lot line and front facade of the building. On a corner lot with two streets, the accessory
building must be placed behind both front facades of the primary structure. For lots with three
or more frontages, alternate locations may be allowed. The review authority must consider
the predominant placement of accessory structures in the site vicinity, the consistency of the
proposal with the established and/or desired character of the surrounding area, and the visual
impact of the structure given its proposed placement.
3. Accessory buildings and garages may not be located within a utility easement without written
approval of the easement holder.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
4. Accessory buildings in any business or industrial district must be located only to the rear of the
front line of the principal building.
5. No accessory building can exceed the footprint of the principal building.
6. Accessory buildings with less than five feet separation between walls or with any connecting
elements will be considered a single structure for determination of maximum size allowed.
7. All accessory structures located within the neighborhood conservation district require a
certificate of appropriateness unless exempted in 38.240.020 For accessory structure setbacks
see 38.260.060.
8. An accessory structure in a residential district cannot exceed the height of the principal building,
except for an accessory dwelling unit that meets 38.320.120.B.
9. An accessory structure in all other districts can not exceed the height limit of the zoning district.
Maximum height in feet is calculated as 15 feet multiplied by the number of stories allowed in the
zoning district.
B. Accessory dwelling unit (ADU).
The following ADU standards apply:
Table 38.320.120.B-1.
Deviations No
Max number of ADUs per lot One
Access ADUs require a pedestrian connection to a sidewalk or the
adjacent right-of-way.
Parking requirement ADUs are not subject to minimum parking requirements. If parking is provided it must conform to all applicable standards.
Unit size
In no case may an ADU be larger than 1,000 square feet or 75% of the principal unit, whichever is larger.. The method of calculating the maximum ADU square footage is the sum of habitable and occupiable spaces as defined by the city's adopted building code.
Design requirements
Detached ADUs, including second story additions on detached
garages may be approved only if found compatible and consistent with the existing character and fabric of the neighborhood. The review authority must consider placement and size of windows, decks, balconies, fencing, landscape screening, and height and massing of the structure to minimize impacts to adjacent properties.
Height limit A detached ADU may exceed the height of the principal building
but may not exceed 25 feet in height.
Garage conversions
Garages may not be converted for use as ADUs unless all required
parking for all uses on the lot is otherwise provided prior to
conversion. However, ADUs may be placed above garages.
Minimum standards or "no
guarantee"
A permit for an ADU will not be granted unless the lot has been
configured to accept an ADU with adequate utility services and
compliance with setbacks and height standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
C. Farm Stand
1. No more than one farm stand is allowed on a lot. Multiple growers or producers are allowed at
the farm stand.
2. Enclosed floor area for the farm stand cannot exceed 200 square feet. Additional unenclosed
floor area may be roofed but must otherwise be open to the elements.
3. The farm stand must meet the setback requirements of the zoning district. Farm stands are not
allowed within the public right of way.
4. A farm stand may not be located upon any required parking spaces.
5. Food preparation is not allowed at farm stands.
6. Temporary signs are allowed subject to 38.550.040; and
7. Sales are limited to between the hours of 8:00 a.m. and 8:00 p.m.
D. Greenhouse
1. Greenhouses must apply light mitigation measures to limit light trespass at night from the
greenhouse structure.
2. Greenhouses must meet the lighting requirements of 38.560.040.G and 38.560.060.
E. Home-based business.
1. Generally.
A home-based business is a use that is considered accessory to a dwelling unit. Buildings
combining live/work arrangements located in districts where both the residential and non-
residential uses to be combined are authorized are not subject to the requirements of this section.
2. Home-based business as accessory use.
a. Secondary in nature.
The use must be clearly incidental and secondary to the use of the dwelling for residential
purposes and must not change the character of the dwelling or adversely affect the uses
permitted in the residential district of which it is a part. The home-based business must not be
conducted in an accessory structure.
b. Purpose.
It is in the purpose of this section to eliminate as accessory home-based businesses for all
uses except those that conform to the standards set forth in this section. In general, an
accessory home-based business is a use so located and conducted that the average neighbor,
under normal circumstances, would not be aware of its existence with the exception of
permitted signage as allowed by 38.550. The standards for home-based businesses included
in this section are intended to ensure compatibility with other permitted uses and with the
residential character of the neighborhood. A clearly accessory or incidental status in relation
to the residential use of the main building is the criteria for determining whether a proposed
accessory use qualifies as an of-right home-based business.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
c. Necessary conditions for accessory use.
Accessory home-based businesses are permitted accessory uses in residential districts only so
long as all the following conditions are observed:
(1) The home-based business must be conducted by resident occupants in their residence
with not more than one on-premises halftime nonresident employee;
(2) No more than 25 % of the gross area of all structures may be used for a home-based
business;
(3) No use may require internal or external alterations or involve construction features or
the use of electrical or mechanical equipment that would change the fire rating of the
structure;
(4) No home-based business may cause an increase in the use of any one or more utilities
(water, sewer, garbage, etc.) so that the combined total use for dwelling and home-based
business purposes exceeds the average for residences in the neighborhood;
(5) There can be no outside storage of any kind related to the home-based business;
(6) The use may increase vehicular traffic flow and parking by no more than one additional
vehicle at a time. Depending on the individual circumstances of each application, an
additional off-street parking space may be required; and
(7) No use can create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater or more frequent extent than that
usually experienced in an average residential occupancy in the district in question under
normal circumstances where no home-based business exists.
d. Notice of intent to operate an accessory home-based business.
Any individual applying for a business license, with the intent of operating the business from
their home, must acknowledge by signature such person's understanding of the requirements
and conditions of this chapter.
3. Home-based business as special use.
a. Purpose.
The use must be secondary to the use of the lot for residential purposes and must not
be incompatible with the character of the zoning district or adversely affect the principal
uses permitted in the district of which it is a part. When a home-based business has been
established through the SUP process, it means that the owner, lessee or other persons who
have a legal right to the use of the dwelling also have the right to conduct the home-based
business whether in the principal or an accessory structure.
b. Special use.
It is the purpose of this section to provide, through the special use process established in
38.740, opportunities for home-based businesses which are more intensive in nature than
those which would be allowed as an accessory use. In general, a home-based business
approved through the special use process is an accessory use which complies with the
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
requirements of this chapter and is subordinate to the primary use of the particular lot for
residential purposes. The standards for home-based businesses included in this section are
intended to ensure compatibility with other permitted uses and with the residential character
of the neighborhood. A secondary, but not incidental, status in relation to the residential use
of the main building is the criteria for determining whether a proposed use may, under certain
circumstances, qualify as a home-based business which may be approved by the special use
process. Special uses start from the presumption that they are incompatible with the zoning
district but may under specific and limited conditions become compatible. Unless such
conditions are found, there is no right to the practice of a home-based business which does
not comply with the terms of an accessory home-based business as listed in this section.
c. Necessary conditions for special use.
Home-based businesses permitted through the special use permit process are allowed in
residential districts only so long as all the following conditions are observed:
(1) The home-based business must be conducted by resident occupants with not more
than one on-premises halftime nonresident employee;
(2) No more than 30 % of the gross area of all structures may be used for a home-based
business;
(3) No use may require internal or external alterations or involve construction features or
the use of electrical or mechanical equipment that would change the fire rating of the
structure beyond that allowed in a residential use;
(4) No home based business may cause an increase in the use of any one or more utilities
operated by the city so that the combined total use for dwelling and home-based
business purposes exceeds the average for residences in the neighborhood;
(5) There may be no outside storage of any kind related to the home-based business;
(6) No use may create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard or any other hazard or nuisance to any greater or more frequent extent than that
allowed by this chapter;
(7) Home-based businesses by special use permit may only be allowed on lots occupied by
single- and two-unit dwellings;
(8) Such special use must be subject to all conditions set forth in this chapter; and
(9) All permits required by the city, including, but not limited to, building permits and
business licenses, must be received prior to establishing the home-based business.
d. Home-based business allowed through a special use permit.
Any individual seeking to operate a home-based business greater in scope than that allowed
by an accessory home-based business, must make application for a special use permit under
the terms of 38.740. The community development director must determine if a home-based
business requires a special use permit.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
4. Complaints.
Complaints may be cause for termination of the home-based business. Final administrative
actions in relation to complaints are subject to appeal per article 7.
5. Prohibited uses.
The following uses are not permitted as home-based businesses: adult businesses; auto repair,
minor or major; carpentry work; dance instruction; dental offices; medical offices; marijuana;
mobile oil and lube services; painting of vehicles, trailers or boats; private schools with organized
classes; radio or television repair; and upholstering.
F. Outdoor sales and display.
1. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user
may be displayed beyond the confines of a building, but the area occupied by the outdoor
display must not be an area of more than ten % of the ground floor area of the building housing
the principal use, unless the merchandise is a type customarily displayed outdoors, such as
automobiles or garden supplies. In such cases, the maximum area for outdoor sales and display
must not exceed 50 % of the total lot area.
2. Outdoor sales and display areas must not be located in any required setback.
Figure 38.320.120-2. Outdoor sales and display.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Division 38.330. - WIRELESS FACILITIES
sec. 38.330.010. - Purpose and applicability.
A. It is the duty of the city to protect the public health, safety and welfare and the city has the authority
to regulate the placement, construction and modification of wireless facilities in the advancement of
that duty.
B. The city commission finds that:
1. The aesthetic character of the city is a matter of substantial economic importance and general
concern to the citizens of the city, as described in the city's adopted land use plan, and is an
important part of the public welfare;
2. Wireless facilities are often visually obtrusive due to their necessary height, support equipment
and interruption of the viewscape, and can have substantial negative impacts on the character of
the city and its surrounding viewsheds;
3. The impacts of wireless facilities can be reduced by establishing standards for location, structural
integrity, compatibility and collocation;
4. To reduce visual and other impacts on the community the city desires to promote collocation,
use of stealth installations of wireless facilities and the use of smaller less intrusive facilities to
minimize the need to construct new large scale wireless facilities;
5. The city desires to provide clear and consistent regulations for review of proposed wireless
facilities;
6. The city desires to support the ability of telecommunication service providers to deliver such
services to the community consistent with other community objectives;
7. The construction of new large scale wireless facilities is the action of last resort to provide for
wireless communication services and should only be undertaken when alternatives are not
available;
8. It is necessary to determine the locations and circumstances most appropriate for placement of
wireless facilities to serve the community;
9. Consistent with applicable law, the city desires to minimize the adverse visual impacts of towers
and antennas through careful siting, design, landscape screening and innovative camouflaging
screening;
10. The city seeks to protect against potential health and safety hazards to citizens and prevent
damage to adjacent properties;
11. The city intends to exercise its authority with respect to the regulation of the placement,
construction and modification of wireless facilities, to the fullest extent permitted by applicable
law;
12. The city recognizes the need to respond to the policies in the Telecommunications Act of 1996
and has constructed its regulations in a manner that does not unreasonably discriminate between
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-43 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
providers of functionally equivalent personal wireless service, and that does not prohibit or has
the effect of prohibiting personal wireless service in the city;
13. The city recognizes that the Federal Communication Commission exercises certain sole authority
in the licensing and other regulation of wireless services;
14. The adequate review of a telecommunications application may require expertise not typically
possessed by city staff which would require the city to obtain qualified outside expertise to
properly evaluate an application; and
15. Outside review would generate additional costs to the public to preserve the public interest these
costs must be mitigated and should properly be mitigated by those causing such additional costs.
C. General application. All uses listed in this division are subject to the specific standards described
for each use, in addition to all other applicable standards which may apply, and are limited to those
districts specified. The provisions of this division apply to development and modification of large
scale wireless facilities, micro-scale wireless facilities, non-broadcast telecommunication facilities
and small scale wireless facilities. These and other terms are defined in article 8.
1. The provisions of this division only apply to facilities which meet the definition of a wireless facility
or that are otherwise specifically brought under the authority of this division.
sec. 38.330.020. - Special submittal requirements.
In addition to the materials required by 38.710 for site plans or special use permits the materials required
by 38.710.160 must be submitted.
sec. 38.330.030. - Uses within districts and required review procedures.
A. Purpose.
This section authorizes telecommunication uses in specific districts. Unless specifically exempted by
this division, all other standards and procedures of this chapter apply.
B. Permitted wireless facility uses.
No wireless facility may be permitted except in accordance with the development review processes
indicated in Table 38.330.030-1, 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 article 7 as may be applicable.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-44 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Table 38.330.030-1.
Review procedures. Uses:
P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
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 S P/S A P
B-3C S P/S A P
B-3 S P/S A P
B-2 S P/S A P
B-2M S P/S A P
B-1 S P/S A P
REMU S P/S A P
NEHMU P P A P
R-D S S P P
R-C S S P P
R-B S S P P
R-A S S P P
C. Special review requirements by type.
1. For small scale facilities listed as "P/S" in the table above, special use review is required when the
proposed facility exceeds the height limitation of the district.
2. Colocation 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 38.740 or 38.250, 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 (NCOD) must be
reviewed against the criteria of 38.240.020 as applicable, and a certificate of appropriateness is
required before issuance of a building permit.
5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant
must complete a concept review per 38.740 with the community development department. The
purpose of the concept review is to acquaint the participants with the applicable requirements of
this division, as well as with any preliminary concerns the department may have.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-45 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
6. The applicant's concept review submittal 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 38.790 must apply for all nonconforming facilities subject to this division.
9. A large scale wireless facility may be allowed in the R-A, R-B, R-C, R-D and REMU districts by
special use permit only when demonstrated to be necessary to meet federal requirements for
continuity of service in an area.
sec. 38.330.040. - Standards.
A. Safety.
All wireless facilities subject to this division must meet the following standards:
1. The structural design for all wireless facilities greater than ten feet in height or which have more
than four square feet of total antenna area must be certified by a professional structural engineer
licensed to practice in the state. A building permit must be obtained prior to the installation of any
facility subject to this division.
2. All wireless facilities must meet or exceed current standards and regulations of the FCC, FAA and
any other agency with the authority to regulate wireless facilities. If such standards are changed,
the owner must modify the installation to comply with the new standards within six months of
the effective date of the new standards or regulations unless a different implementation schedule
is required by the issuing agency.
3. Wireless facilities with a base located at grade must be enclosed within a secure fence not less
than six feet in height, or the tower itself must be equipped with an appropriate anti-climbing
device.
B. Aesthetics.
1. All wireless facilities.
a. The provisions of this section may be waived by the review authority as determined by 38.760
where it has been demonstrated that the waiver will result in superior compliance with the
purposes of this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-46 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
b. All installations must be as visually unobtrusive as is feasible. Facilities and equipment
mounted on existing structures must be visually incorporated into the structure or
background by the use of architectural elements, color, screening or other methods.
c. No lighted signage is permitted.
d. All structures must be constructed in conformance with the standards of the city's adopted
International Building Code.
e. In addition to landscaping required by 38.540, visual screening of ground mounted
equipment must be provided in all residential areas and where a facility is located within a
non-residential area which is visible, from a viewpoint five feet above grade, from a residential
area. Screening must provide an opaque screen within 18 months of establishment and be
a minimum of four feet in height. The screening may be of landscape materials or a fence
which otherwise complies with this chapter. The site must comply with the landscaping
provisions of article 5.
f. Exterior façade materials and the character of equipment shelters used in residential areas
must be of materials commonly used in the immediate area. The architectural design of
the exterior of the shelter must be compatible with surrounding residential structures. The
purpose of the requirements of this subsection may be met by providing opaque fencing
or other visual screening compatible with the neighborhood, in compliance with all other
sections of this chapter, which will obscure the entire equipment shelter. The screening must
be in place prior to the commencement of operations of the facility.
2. Preferences.
In order to justify the construction of a wireless structure, the applicant must demonstrate that
higher ranking alternatives in the following hierarchy, beginning with subsection a.(1) below,
do not constitute feasible alternatives. The order of preference, from most preferred to least
preferred and based on technical feasibility, for new wireless facilities is:
a. Facility size.
(1) Micro-scale wireless facilities or colocation on existing large scale wireless facilities;
(2) Small scale wireless facilities;
(3) Large scale wireless facilities 50 feet or less in height; and
(4) Large scale wireless facilities in excess of 50 feet in height.
b. A facility meeting the definition of stealth, as defined in 38.800.200, is always preferred over a
facility of the same scope which does not meet the definition of stealth. Stealth facilities may
be required in historic districts and under other circumstances.
c. As appropriate, the following evidence may also be submitted to demonstrate compliance
with this section:
(1) That no existing wireless communications facility within the search area meets the
applicant's radio frequency engineering or height requirements;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-47 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(2) That no structure within the search area has sufficient structural strength to support the
applicant's proposed antennas; or
(3) That there are other verifiable limiting factors that render collocated or other more
preferred options unsuitable or unreasonable.
d. Self-supporting lattice or guyed structures are generally preferred over monopoles.
3. Special standards.
The following special standards apply as shown in Table 38.330.040-1:
Table 38.330.040-1.
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI b b b -
M-2 b b b -
M-1 b b b -
B-P c a, c b -
B-3C c a, c b -
B-3 c a, c b -
B-2 c a, c b -
B-2M c a, c b -
B-1 c a, c b -
REMU d a, c b -
NEHMU b b b -
R-D d a, c a, b -
R-C d a, c a, b -
R-B d a, c a, b -
R-A d a, c a, b -
Key: a = Stealth installation is required
b = Wireless facilities may exceed the maximum height of a district but are subject to the limitations of this section
c = The height limitation of the district may be exceeded by the least amount
necessary to provide services, but only when service may not otherwise be
provided by a less intensive facility or an alternative site
d = Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations
4. Stealth.
a. Installations located within the conservation overlay district must be stealth facilities.
b. A stealth wireless facility may exceed the height limitations of the district by ten feet.
5. Small scale wireless facilities.
All small scale wireless facilities established in the neighborhood conservation district must be
installed in such a way as to maintain the historic or architectural character of the host site. All
sites must maintain the least possible visual obtrusiveness.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-48 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Figure 38.330.040-1. Small-scale wireless facilities.
6. Large scale wireless facilities.
No large scale wireless facility will be permitted unless the applicant demonstrates that the
proposed facility cannot be accommodated on an existing structure or by placement of a smaller
facility. In order to justify the construction of a large-scale wireless facility, the applicant must
demonstrate that higher ranking alternatives in the hierarchy, beginning with 2.a.(1) above, do not
constitute feasible alternatives. Such demonstration must be made by submission of a statement
of position, qualifications and experience by a licensed radio frequency engineer; and must
address the required findings of this section.
a. If colocation is feasible, the owner of the large scale wireless facility must certify in writing,
prior to final permit approval, that the owner will accept for colocation any FCC-licensed
or licensing exempt wireless communication provider using compatible technology at
reasonable and customary rates and terms up to the structural capacity to accommodate
additional antennas. Colocation may be denied based on verifiable and substantial
expectations of interference from additional users. Later failure to comply with the
requirements supporting colocation may result in the revocation of city approvals or other
penalties stipulated by the municipal code as the requirements of the title will have been
violated.
b. The city must find the proposed guarantee, assurances or provisions for the perpetual
maintenance and for removal of an abandoned large scale wireless facility to be adequate.
c. A large scale wireless facility must not either:
(1) Exceed 190 feet in height; or
(2) When located east of the alignment of Church Avenue/Sourdough Road and west of the
extended alignment of Bozeman Trail Road/Arnica Drive;
(a) Exceed 100 feet in height when its base elevation is greater than 4,800 feet;
(b) Exceed 40 feet in height when its base elevation is above 4,850 feet;
(c) Notwithstanding the provisions of (a) and (b), these restrictions must not apply for
those areas lying east of the extended alignment of Bozeman Trail Road/Arnica Drive
and south of Interstate 90.
d. Where multiple service providers will be utilizing the same ground area and/or support
structure, a single structure must be provided to house all ground based equipment.
e. Special setbacks for large scale wireless facilities must be provided and/or a design for internal
structural collapse to avoid damage or injury to adjoining property or users must be provided.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-49 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(1) Residential district setbacks for a large scale wireless facility must be 100 % of facility
height, which may be reduced to no less than 50 % upon the provision and approval of
an engineered design, stamped by a professional structural engineer licensed to practice
in the state, establishing a smaller collapse area.
(2) A large scale wireless facility in non-residential zones must provide a minimum setback
from the property lines of 75 % of facility height, which may be reduced to no less than
30 % of facility height upon the provision and approval of an engineered design, stamped
by a professional structural engineer licensed to practice in the state, establishing a
smaller collapse area. Large scale wireless facilities located within non-residential zones,
but adjacent to a residential zone or residentially developed areas, must maintain a
minimum setback from residential zoning or property boundaries of at least 50 % of
facility height. All installations must maintain the minimum zoning district setbacks per
article 2.
f. New large scale wireless facilities greater than 50 feet in height must be designed in all
respects to accommodate both the applicant's antennas and antennas for at least two
additional users. A new large scale wireless facility may meet this requirement by correctly
sizing the foundation and other structural elements to allow the future addition of height to
the structure to accommodate additional users rather than immediately constructing the
entire large scale wireless facility. This requirement may be waived by the governing body
upon a showing of fact to overcome the presumption that multiple transmitters are desirable
on the proposed facility.
g. All large scale wireless facilities 50 feet or greater in height, regardless of the zoning district in
which the structure is located, must be located at least one mile, measured in a straight line,
from any other large scale wireless facility that is 50 feet or greater in height. An exception
to this requirement may be granted by the approval body when it is found and factually
supported in the written record that the criteria of 6.i below are met and a critical need exists
for the proposed location, or that a closer placement is desirable to advance the purpose of
this chapter.
h. A large scale wireless facility greater than 50 feet in height must only be approved when the
applicant can demonstrate in writing that no existing or approved micro-scale, small scale or
large scale wireless facility within the required separation distance of the proposed site can
accommodate the applicant's proposed antenna.
i. In addition to the other review criteria of this chapter, affirmative findings for at least one of
the following items must be made in order for the conditions necessary for approval to exist:
(1) No existing or proposed structures located within the geographic area are adequate to
support the proposed antennas are required to meet the applicant's engineering and
service requirements;
(2) Existing or approved structures are not of sufficient height to meet the applicant's
engineering and service requirements and a combination of smaller scale facilities will
not provide for adequate service delivery;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-50 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
(3) Existing or approved structures do not have sufficient structural strength to support
the applicant's proposed antenna and related equipment and cannot be reinforced to
provide sufficient structural strength;
(4) The applicant's proposed antennas would cause electromagnetic interference with the
antenna on the existing or approved antenna support structures, or the antenna on
the existing or approved antenna support structures would cause interference with the
applicant's proposed antenna;
(5) Property owners' or owners of existing or approved wireless facilities or locations for
smaller scale installations are unwilling to accommodate the applicant's needs; or
(6) The applicant demonstrates that there are other factual and verifiable limiting factors that
render existing or approved wireless facilities unsuitable.
j. Height and number of users. A large scale wireless facility may be reviewed as a multiple
phase project and be constructed over time. Prior to the approval of a final site plan, or a
building permit if it is a latter phase of a phased project, an applicant must provide:
(1) For the first 70 feet of tower height, for an applicant who is not a wireless service
provider, a copy of an executed lease from a wireless service provider of not less than 12
months duration;
(2) For a height of greater than 70 feet and not more than 110 feet of structure height, one
additional executed lease;
(3) For a height greater than 110 feet, a second additional executed lease;
(4) Leases may be redacted to remove proprietary information but must identify the parties.
Figure 38.330.040-2. Large-scale wireless facilities.
7. Non-broadcast.
A non-broadcast telecommunication facility located within a B-1, B-2, B-2M, B-3 or B-3C district,
a mixed-use district, the neighborhood conservation overlay district or a residential zoning
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-51 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
district must be enclosed within a structure. The structure must be of materials and architectural
character compatible with the adjacent properties. The facility must comply with all applicable
side, front and rear setback setbacks.
C. Administrative.
1. An inventory of existing sites utilized by the applicant must be provided. The inventory must note
the feasibility of accommodating other users. The city may share this information with other
applicants or interested parties to encourage collocation.
2. The public land and agencies exemption from full compliance with zoning in MCA 76-2-402 does
not apply to private entities utilizing publicly owned lands.
3. Any antennas or antenna support structures not utilized for the provision of wireless services for
a continuous period of six months will be considered abandoned. All facilities must be removed
within six months of the cessation of operations. If a facility is not removed within six months
the city may remove the facility at the facility or landowner's expense. Where multiple users
share a facility, the non-operational antennas and associated ground-mounted equipment may
be removed, but any common equipment may be retained until all users have terminated the
utilization of the site.
4. Any emergency power supply or other equipment installed at the facility must comply with
38.510.060.
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 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 must only occur in compliance with the review
procedures required in 38.330.030.
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.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-52 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Division 38.340. - AFFORDABLE RENTAL
HOUSING
sec. 38.340.010. - Purpose.
A. The purpose of this division is to promote the public health, safety, and welfare by incentivizing
increased production of affordable rental housing to meet the needs of city residents and businesses
and the goals of the adopted growth policy and the community housing action plan and to maintain
the affordability of housing.
B. The purpose of this division is also to provide regulatory incentives to ensure housing affordability in
new development and redevelopment. The incentives in this division require affordable rental rates
and provide for an increase in the amount of affordable housing provided as a landowner increases
the use of the incentives. The greater the incentives being requested the greater the affordability
required.
sec. 38.340.020. - Applicability and affordability requirements.
A. The incentives in this division take the place of and supersede the applicable regulations of this
chapter where a regulation of this chapter directly addresses the same subject. All other regulations
of this chapter 38 remain applicable including without limitation all processes, development
standards, and definitions. The city retains the authority to approve, approve with conditions, or
deny an application based on compliance with other regulations of this code but may not attach
conditions to an approval that have the effect of negating the incentives provided in this division.
The incentives in this division are in addition to the departures for housing creation provided in
38.320.070.
B. The incentives in 38.340.040 may be approved in conjunction with a preliminary plat, master site plan,
or site plan, or sketch plan, that:
1. Contains or will contain dwellings that will be offered for rent or lease; and
2. Provides at least the minimum percentages of affordable dwellings in the development at rental
rates affordable at no more than the maximum percentages of the area median income (AMI)
established in Tables 38.340.020-1 and 2 of this division.
C. Tables 38.340.020-1 and 2 provide the required percentage of affordable dwellings, the affordability
thresholds, and the duration of the affordability period for the types of housing to be constructed in a
development in reliance on incentives:
Table 38.340.020-1. Affordable Dwellings Required with Type A Incentives
Minimum Percentage of
Dwellings
Maximum AMI
Percentage for
Rentals
Duration of Affordability
Period
Type of Housing
Single-Household
Detached Dwelling ≥ 5% of Dwellings 80% of AMI ≥ 50 Years
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-53 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
Table 38.340.020-1. Affordable Dwellings Required with Type A Incentives
Minimum Percentage of
Dwellings
Maximum AMI
Percentage for
Rentals
Duration of Affordability
Period
Single-Household
Attached Dwelling
(Rowhouses and
Townhouses)
≥ 5% of Dwellings 80% of AMI ≥ 50 Years
Multi-Household
Dwelling
≥ 5% of Dwellings or
≥ 8% of Dwellings
60% of AMI or
80% of AMI ≥ 50 Years
Table 38.340.020-2. Affordable Dwellings Required with Type B or C Incentives
Minimum Percentage of
Dwellings
Maximum AMI
Percentage for
Rentals
Duration of Affordability
Period
Type of Housing
Single-Household
Detached Dwelling ≥ 50% of Dwellings 80% of AMI ≥ 50 Years
Single-Household
Attached Dwelling
(Rowhouses and
Townhouses)
≥ 50% of Dwellings 80% of AMI ≥ 50 Years
Multi-Household
Dwelling ≥ 50% of Dwellings 60% of AMI ≥ 50 Years
D. Each affordable dwelling must be maintained as affordable pursuant to the adopted affordable
housing plan and the compliance document required pursuant to 38.340.030 for no less than fifty
(50) years. The affordability period begins to run at the issuance of a certificate of occupancy for each
building wherein affordable dwellings are provided. For subdivisions that rely on an incentive, the
affordability period does not begin at the time final plat is recorded; rather, the affordability period
for each affordable dwelling begins at the time each affordable dwelling in the subdivision receives a
certificate of occupancy.
E. For the entire affordability period, except for adjustments as may be authorized pursuant to
38.340.070.A, an affordable dwelling must be rented only to persons whose household income is
verified to not exceed the applicable AMI thresholds.
F. An applicant may provide all or a portion of the required affordable dwellings on a site other than the
site or parcel where the incentives are applied only if the affordable dwellings will be provided in the
same development.
G. Accessory Dwelling Units (ADU), short term rentals, and group living are not eligible to be used as
affordable dwellings and cannot be considered as qualifying affordable dwellings.
H. The following applies to previously approved annexations, subdivisions, or site plans that request to
provide affordable dwellings in exchange for incentives as provided in this division:
1. A previously annexed but undeveloped parcel of land, a subdivision that has received final plat,
or an approved site plan that received final approval prior to March 13, 2025, and that has not
previously received an incentive in return for commitments to provide affordable housing, may
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-54 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
apply for the incentives in this division. The application for the previously undeveloped parcel
must comply with the standards and procedures of this division.
2. Only the portion of the amended plat or site plan application, including associated code
standards and conditions of approval, pertaining to the request for approval of one or more
incentives will be subject to amended plat or site plan review.
I. Assumptions and calculations.
1. All references to area median income (AMI) are to the most recent AMI values for the city
established by the U.S. Department of Housing and Urban Development (HUD). As HUD publishes
updated AMI values, the values are immediately effective without further action by the city. The
city may establish administrative rules and procedures for application and implementation of AMI
in calculating maximum rental rates.
2. The maximum rental rates of an affordable dwelling are based on the AMI of a household and
corresponding number of bedrooms within each affordable dwelling. The following establishes
the maximum rental rate of each bedroom type based on the correlation between the number of
bedrooms with the corresponding area median household income:
a. Studio unit: AMI for a one-person household;
b. One-bedroom dwelling: AMI for a two-person household;
c. Two-bedroom dwelling: AMI for a three-person household; and
d. Three-bedroom unit or larger: AMI for a four-person household.
3. If the calculation of the required number of affordable dwellings results in a fraction of an
affordable dwelling, the developer must construct affordable dwellings equal to the next lower
integer and either provide a cash-in-lieu payment for the additional fractional amount or
construct an additional affordable dwelling.
4. Income averaging of the rental rates for affordable dwellings is allowed. Income averaging
allows an applicant to establish affordable dwelling rental rates so the average rental rate for
all affordable dwellings in a development meets the required AMI level. The city may establish
administrative rules and procedures to implement income averaging. As an alternative, the
applicant may use an income averaging procedure adopted by the Montana Board of Housing or
the U.S. Department of Housing and Urban Development (HUD).
sec. 38.340.030. - Affordable housing plan required; pre-application
meeting.
A. For a development authorized pursuant to 38.340.020.B to request incentives under this division
the applicant must submit an affordable housing plan at the time of submittal of the application for
preliminary plat, master site plan, or site plan. The affordable housing plan, upon approval of the
development, controls the rental rates and occupancy by income verified persons of all affordable
dwellings within the development for the entire affordability period.
B. A subdivision preliminary plat, master site plan, or site plan that requests incentives may not receive
approval for the development until the affordable housing plan has been approved.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-55 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
C. The affordable housing plan shall be approved if the plan is in compliance with the standards and
criteria in this division, including but not limited to the standards in 38.340.020 and any administrative
procedures related to this division.
D. An approved affordable housing plan binds the applicant and the applicant's successors in interest to
comply with the plan for the duration of the affordability period. The approved affordable housing
plan must be incorporated into a recorded restrictive covenant, deed restriction, or other document
(referred to as the compliance document) acceptable to the city attorney, which implements the
affordable housing plan. The compliance document must be recorded in the records of the Gallatin
County Clerk and Recorder as follows:
1. For subdivisions where the incentives were requested and approved as part of the preliminary plat,
the compliance document must be recorded with the final plat; and
2. For site plans, unless a compliance document was recorded with the subdivision, the compliance
document must be recorded prior to the issuance of a building permit. The affordability period
begins on the date of issuance of a certificate of occupancy.
E. Contents of an affordable housing plan.
1. A description of the requested incentives in 38.340.040.
2. The applicable AMI and maximum rental rates applicable to each affordable dwelling.
3. The total number of affordable dwellings, and market-rate dwellings in the development.
4. A narrative describing how the applicant will ensure the rental of the affordable dwellings is only
to income verified people for the duration of the affordability period. In addition, the narrative
must describe the management system the applicant will use to meet the above requirement.
5. A description of how each affordable dwelling will comply with the development standards of this
division.
6. A description of common amenities or facilities the applicant will provide and how the applicant
will ensure the occupants of the affordable dwellings will have the same access to such amenities
or facilities.
7. A description of how each incentive will apply to each building within the development,
regardless of whether the building contains affordable dwellings or market rate dwellings or both.
8. The number of bedrooms in each dwelling in the development.
9. Clearly identify on the preliminary site plan or preliminary plat the specific location of each
affordable dwelling.
10. Information sufficient to determine the timing of construction and distribution of affordable
dwellings and market-rate dwellings throughout the development.
11. If the development is to be constructed in phases, provide a description of how the affordable
dwellings will be distributed among the phases including whether the applicant proposes to have
any subsequent phase of market rate dwellings rely on affordable dwellings provided with earlier
phases.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-56 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
12. Any other information the review authority determines necessary to evaluate the compliance of
the affordable housing plan with the requirements of this division.
F. Preapplication community meeting.
1. Prior to the submittal of a site plan application pursuant to 38.740.090, an applicant for an
affordable housing development proposing to use Type A, B, or C incentives must hold a
community meeting to inform residents and property owners of the proposed development and
to solicit feedback from the community.
2. At least 20business days prior to the community meeting, the developer must mail by first class
mail written notice of the community meeting to the owners of all property and all mailing
addresses within a 200-foot radius of the proposed development site.
3. In addition to the above, if the proposed development is located within the boundaries of a
city recognized neighborhood association pursuant to chapter 2, article 5, written notice of
the community meeting must be provided at least 20 business days prior to the meeting to the
presiding officer of the applicable neighborhood association, to the city neighborhood liaison,
and to the chair of the InterNeighborhood council.
4. The meeting must be conducted in a location within city limits.
5. The notice must include:
a. The date, time, and location of the community meeting;
b. At a minimum, the notice must include the location of the proposed development, a
description of the proposed development, a description of the incentives the applicant
proposes to use, and the number and location of market rate and affordable units;
c. A statement inviting the community to attend the meeting and informing the community that
the purpose of the meeting is to seek community input on the proposed development and
the use of incentives; and
d. Contact information for the developer and any other project representatives, including the
mailing and email addresses and telephone number of the person who may be contacted for
further information.
6. The community meeting and required notice does not supplant or otherwise take the place of
notice required by this chapter for the development application.
7. At the community meeting:
a. The developer must discuss the proposed development, including key project details,
incentives proposed, design elements, transportation and parking, and how the project
intends to address affordable housing needs in the community.
b. The developer must allow adequate time for the public to ask questions and provide
comments. The developer must accept written comments for 10 business days after the
community meeting.
c. A representative from the City may attend.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-57 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
8. A site plan application that proposes to use Type A, B, or C incentives must contain the following:
a. A copy of the mailed notice of the community meeting;
b. A detailed summary of all comments and suggestions made at or after the meeting;
c. A copy of all written comments received at or after the community meeting;
d. A copy of any materials distributed at the community meeting; and
e. Whether and if so how the developer has addressed comments made by the community. If
the developer has not incorporated community comments into the site plan application, the
developer must explain why community comments were not addressed in the application.
9. A site plan application is not complete unless the application includes the required
documentation of the community meeting.
sec. 38.340.040. - Incentives.
A. The number of affordable dwellings must meet or exceed the minimum standards set forth in
38.340.020 needed to qualify for the applicable incentive. Any incentive not requested in the
affordable housing plan in 38.340.030 is waived.
B. Incentives may be applied to dwellings:
1. In a residential-only development; or
2. In a mixed-use development. If the mixed-use development contains a mix of residential and
nonresidential primary uses, the incentives in this section are only available if 50 % or more of the
gross floor area of the development contains residential uses.
C. Type A Incentives (Table 38.340.020-1).
The applicant may apply the incentives in this subsection as follows:
1. For single-household detached dwellings, a minimum lot size of 3,000 square feet. Alternatively,
if the applicant demonstrates that all other applicable city regulations related to lot development,
access, and utilities can be met, a minimum lot size of 2,500 square feet is allowed.
2. For single-household attached dwellings (townhouse or rowhouse):
a. A minimum lot size of 2,200 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,800 square feet is allowable.
b. No minimum lot width, maximum lot coverage, or maximum floor area ratio requirement
if the applicant demonstrates that all other applicable city regulations related to lot
development, access, and utilities can be met.
c. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet
or less of livable square footage is exempt from a minimum on-site parking requirement but
may provide one parking space located within a driveway area in the required front setback,
provided that the building in which the dwellings are located is three or fewer stories in height.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-58 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
d. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer
attached homes that includes only dwellings of 1,200 livable square feet or less in size is
exempt from the following:
(1) Minimum lot size;
(2) Lot coverage;
(3) Floor area ratio;
(4) Lot area per dwelling unit density standard;
(5) Lot width; and
(6) Minimum parking requirement.
e. For affordable housing developments in R-B, nine (9) additional feet of height, provided that
if the development is adjacent to a lower intensity residential zoning district, the transition
height setback provisions of 38.260.060.B apply.
f. For affordable housing developments in R-C, five (5) additional feet of height, provided that
if the development is adjacent to a lower intensity residential zoning district, the transition
height setback provisions of 38.260.060.B apply.
3. For multi-household dwellings and mixed-use buildings:
a. In all zoning districts:
(1) The residential off-site parking standards of 38.530.070.A may be expanded up to 1,000
linear feet from the commonly used entrance to the residential building. Notwithstanding
the above, all required ADA spaces must be located on the same site as the dwellings.
(2) Up to 80% of the residential open space requirements of 38.510.060 may be met by
providing private balconies provided every affordable dwelling is provided a balcony and
access to a ground floor common open space is provided for all residents.
b. For affordable housing developments in the R-B, R-C, R-D, NEHMU, and B-1 districts, one
additional story of height (maximum 15 feet per story) is allowed.
c. For affordable housing developments in the R-B district, the incentive of one additional story
of height (maximum 15 feet per story) is only allowed if the proposed buildings have four or
fewer total dwellings.
d. For all zoning districts, if a multihousehold or mixed use development is adjacent to a lower
intensity residential district, the transition height setback provisions of 38.260.060.B apply.
e. For affordable housing developments in the REMU, B-2, B-2M, B-3, and M-1 districts, two
additional stories of height (maximum 15 feet per story), provided that if the development is
adjacent to a lower intensity residential zoning district, the transition height setback provisions
of 38.260.060.B apply.
f. Minimum motor vehicle parking requirement of one space per dwelling for all districts other
than B-3; however, the bicycle parking standards and requirements of 38.530.050 remain
applicable.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-59 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
g. Minimum motor vehicle parking requirement of 0.75 space per dwelling for B-3 district;
however, the bicycle parking standards and requirements of 38.530.050 remain applicable.
h. For affordable housing developments in R-B, R-C, and R-D, the minimum area per dwelling
standards in Table 38.260.030.A do not apply.
i. For the M-1 zoning district:
(1) An apartment building in an M-1 zoning district is a principal use and the prohibition on
locating residential uses on the ground floor of an apartment building in M-1 zone in
Table 38.310.040.C does not apply.
(2) In determining the maximum allowable residential square footage of a development in
M-1, Table 38.310.040.C, footnote 6, is calculated for the development as a whole rather
than per individual buildings.
D. Type B Incentives (Table 38.340.020-2).
If the applicant proposes to construct affordable dwellings that meet the standards in Table
38.340.020-2 in the same development as market-rate dwellings, the applicant may apply all of the
following incentives to all buildings in the development in which 50 % or more of the livable floor
area contains residential uses:
1. For single-household detached dwellings:
a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,600 square feet is allowed.
b. Off-street parking requirement of one space per dwelling.
2. For single-household attached dwellings (townhouses and rowhouses):
a. A minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,400 square feet is allowed.
b. No minimum lot width requirement if the applicant demonstrates that all applicable city
regulations related to lot development, access, and utilities can be met.
c. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse
development that includes only dwellings of 1,200 livable square feet or less of livable square
footage is exempt from a minimum on-site parking requirement, but may provide one parking
space located within a driveway area in the required front setback, provided that the building
in which the dwellings are located is three or fewer stories in height.
d. For affordable housing developments in R-B, nine (9) additional feet of height, provided that
if the development is adjacent to a lower intensity residential zoning district, the transition
height setback provisions of 38.260.060.B apply.
e. For affordable housing developments in R-C, five (5) additional feet of height, provided that
if the development is adjacent to a lower intensity residential zoning district, the transition
height setback provisions of 38.260.060.B apply.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-60 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
3. For multi-household dwellings and mixed-use buildings:
a. When incentives are requested, the building height of any building in the development is
limited to that permitted in the zoning district or four stories, whichever is less and the
maximum number of dwellings in a single building is limited to that permitted in the zoning
district or 36 dwellings, whichever is less.
b. ADA parking spaces must be provided in accordance with applicable building codes.
Notwithstanding the provisions of 38.530.070, all required ADA spaces must be located on
the same site as the dwellings.
c. In addition to the ADA parking required, a minimum of .25 vehicle parking spaces per dwelling
are required. One short-term parking space located at the main building entrance must be
provided and identified as a loading zone.
d. Bicycle parking standards and requirements of 38.530.050 apply. The number of secure
bicycle racks provided must exceed or be equal to 50 % of the number of dwellings within the
development.
e. For the M-1 zoning district:
(1) An apartment building in an M-1 zoning district is a principal use and the prohibition on
locating residential uses on the ground floor of an apartment building in M-1 zone in
Table 38.310.040.C does not apply.
(2) In determining the maximum allowable residential square footage of a development in
M-1, Table 38.310.040.C, footnote 6, is calculated for the development as a whole rather
than per individual buildings.
E. Type C Incentives (Table 38.340.020-2).
If the applicant proposes to construct affordable dwellings that meet the standards in Table
38.340.020-2 in the same development as market-rate dwellings, the applicant may apply the
following incentives to all buildings in the development in which 50 % or more of the livable floor
area contains residential uses:
1. For single-household detached dwellings:
a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,600 square feet is allowed.
b. Off-street parking requirement of one space per dwelling.
2. For single-household attached dwellings (townhouses and rowhouses):
a. A development that proposes a single grouping of two townhouses or rowhouses is a
principal use in the R-A zoning district.
b. A minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,400 square feet is allowed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-61 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
c. No minimum lot width requirement if the applicant demonstrates that all applicable city
regulations related to lot development, access, and utilities can be met.
d. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse
development that includes only dwellings of 1,200 square feet or less of livable square
footage is exempt from minimum on-site parking requirements, but may provide one parking
space located within a driveway area in the required front setback, provided that the building
in which the dwellings are located is three or fewer stories in height.
3. For multi-household dwellings other than those in paragraph 2 above and mixed- use buildings:
a. One additional story of height (maximum 15 feet per story) beyond that allowed in the
R-B and R-C zoning districts. For affordable housing developments in the R-3 district, the
incentive of one additional story of height (maximum 15 feet per story) is only allowed if the
proposed buildings have four or fewer total dwellings.
b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the
R-D, REMU, B-1, B-2, B-2M, B-3, and M-1 zoning districts, provided that where any building
in the development which utilizes building height incentives is adjacent to a lower intensity
residential zoning district, the transition height setback provisions of 38.260.060.B apply.
c. ADA parking spaces must be provided in accordance with applicable building codes.
Notwithstanding the provisions of 38.530.070, all required ADA spaces must be located on
the same site as the dwellings.
d. In addition to ADA parking spaces, a minimum vehicle parking requirement of 0.75 space per
dwelling is required. One short-term parking space located at the building entrance must be
provided and identified as a loading zone.
e. Bicycle parking standards and requirements of 38.530.050 apply. The number of bicycle
racks provided must exceed or be equal to 50 % of the number of dwellings within the
development.
f. For the M-1 zoning district:
(1) An apartment building in an M-1 zoning district is a principal use and the prohibition on
locating residential uses on the ground floor of an apartment building in M-1 zone in
Table 38.310.040.C does not apply.
(2) ii. In determining the maximum allowable residential square footage of a development in
M-1, Table 38.310.040.C, footnote 6, is calculated for the development as a whole rather
than per individual buildings.
sec. 38.340.050. - Development standards for affordable dwellings.
A. The affordable dwellings must be constructed with the same features, such as appliances, as market-
rate dwellings within the same development but the quality of the features may vary between market
rate and the affordable dwellings.
B. The mix of bedrooms per unit in affordable dwellings must be as similar as possible to the mix of
bedrooms per unit of the market-rate dwellings in the development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-62 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
C. A one-bedroom dwelling must include a bedroom separated from other living areas of the dwelling
by a solid door. For the purposes of this division, a one-bedroom dwelling must be greater than or
equal to 450 square feet of floor area.
D. Access to shared amenities, including parking, by residents of the affordable dwellings must be the
same as those in market-rate dwellings in the development. For amenities other than parking, the
cost of any such amenity must be included in the required affordable rental rate.
E. All the affordable dwellings to be developed pursuant to this division must be completed and a
certificate of occupancy issued prior to or at the same time as the market- rate dwellings. The timing
of construction and distribution of affordable dwellings throughout a development must be approved
in the affordable housing plan.
F. For multiple-phase developments or developments with more than one building:
1. In addition to 38.340.050.E, an applicant may be issued a certificate of occupancy for market rate
dwellings in buildings that do not contain affordable dwellings only if the market rate dwellings
are issued a certificate of occupancy at the same time or after certificates of occupancy are
issued for affordable dwellings and only for market rate dwellings in proportion to the number of
affordable dwellings.
2. An applicant may use the incentives provided by affordable dwellings in a previous phase of a
development in a subsequent phase that consists of market-rate dwellings.
sec. 38.340.060. - Alternatives for land donation and cash-in-lieu.
As an alternative to constructing the affordable dwellings required by 38.340.020, the applicant may
qualify for the incentives listed in 38.340.040 by:
A. An applicant may donate one or more parcels of land within the city limits to the city for the purpose
of building affordable dwellings, subject to the following:
1. The donated land may be one or more undeveloped parcels or ready-to-build lots but must be
capable of being used as the site of residential dwellings that meet the standards of this division.
All donated land will be used only to support the creation or preservation of affordable dwellings.
2. The value of the donated land must be equal to or exceed the cost of designing, obtaining land
use and building approvals for, installing or upgrading Infrastructure for, and constructing the
number of affordable dwellings the applicant would otherwise be required to provide in return
for the requested incentives in 38.340.040, as established by an independent valuation and
economic report dated no less than one year prior to transfer of the ownership of the land to
the city and produced by one or more independent firms selected by the city and paid for by the
applicant.
B. An applicant may provide a cash-in-lieu payment to the city’s community housing fund. The review
authority may establish administrative rules and procedures for the calculation and implementation
of a cash-in-lieu program. The city must use all cash-in-lieu funds to support the creation or
preservation of affordable dwellings. The following apply to payment of cash-in-lieu:
1. For each affordable dwelling required by 38.340.020, but not provided, the cash- in-lieu amount
will be established based on a per dwelling price adopted by resolution of the commission.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 3-63 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
2. The per dwelling amount must be based on the difference between the average new construction
rental rate for apartments in the city and the established affordable rental rate calculated over the
course of 20 years.
3. The cash-in-lieu amount must be determined on the number, type of dwellings, and mix of
bedrooms identified as affordable in the affordable housing plan and proposed to be constructed.
4. Cash-in-lieu payments must be paid prior to issuance of a building permit for any dwelling in the
development.
sec. 38.340.070. - Administration.
A. The applicable review authority shall enforce all rules and regulations, and take all actions necessary
for the effective operation and enforcement of this division, unless such authority is expressly
reserved to the city commission or another city official, including but not limited to:
1. Promulgate any rule or regulation necessary to the operation and enforcement of this division,
including but not limited to maintenance of the affordable dwellings, periodic reporting, and
notice and tenant protections in the event of foreclosure.
2. Adopting application, monitoring, reporting forms, compliance documents, and obtaining any
other information required from applicants for implementation of this division. Establishing
standards for determining AMI requirements, including income- averaging, and calculating and
making available to the public the AMI required to qualify for the various incentives listed in this
division.
3. Establishing standards for the qualification of renters, ongoing income verification and eligibility,
primary occupancy requirements, and reporting and performance of property management
entities.
4. Establishing standards that will allow the review authority to approve an upward adjustment of the
AMI standards for renter qualification if an affordable dwelling remains vacant for more than 30
calendar days and no person qualifying within the required AMI applies for the affordable dwelling.
5. Monitoring compliance with this division, notifying the subdivider, applicant, or current owner
of the property of noncompliance, and ordering compliance, including imposing sanctions
permitted by this division.
B. All rules and regulations established by the applicable review authority are subject to city commission
review and modification.
sec. 38.340.080. - Noncompliance and sanctions.
A. If the city determines an applicant, its successor, or the current owner of a property fails to comply
with any requirements of the affordable housing plan, or the requirements of this division, or
with the provisions of a compliance document, the applicable review authority must notify the
applicant, its successor, or the current owner of the property of the noncompliance in writing
and order compliance. Notification must describe the date by which the person or entity must
be in full compliance and must describe the nature of the noncompliance and the sanctions for
noncompliance.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20253-64 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 3 - LAND USE
B. In addition to other remedies available to the city pursuant to this chapter, if the person or entity
remains in noncompliance on the date by which compliance was required, the city may impose one
or more sanctions, including but not limited to the following:
1. Issuing a civil penalty pursuant to 24.02.040;
2. Enforcing the requirements of the compliance documents;
3. Withholding or revoking building permits;
4. Issuing stop-work orders;
5. Withholding or revoking certificates of occupancy; and
6. Any other sanction available under local, state, or federal law.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 4. -
COMMUNITY DESIGN
DIVISION 38.400. - TRANSPORTATION FACILITIES AND ACCESS ........................................4-2
Sec. 38.400.010. - Streets, general. ..............................................................................................................4-2
Sec. 38.400.020. - Street and road dedication. ..........................................................................................4-4
Sec. 38.400.030. - Intersections. ...................................................................................................................4-5
Sec. 38.400.040. - Street names. ..................................................................................................................4-6
Sec. 38.400.050. - Street and road right-of-way width and construction standards........................4-6
Sec. 38.400.060. - Street improvement standards. ...................................................................................4-6
Sec. 38.400.070. - Street lighting. .................................................................................................................4-8
Sec. 38.400.080. - Sidewalks. ........................................................................................................................4-9
Sec. 38.400.090. - Access. .............................................................................................................................4-9
Sec. 38.400.100. - Street vision triangle. ...................................................................................................4-13
Sec. 38.400.110. - Transportation pathways. ............................................................................................4-13
Sec. 38.400.120. - Public transportation. ..................................................................................................4-15
DIVISION 38.410. - COMMUNITY DESIGN AND ELEMENTS .................................................4-17
Sec. 38.410.010. - General standards. .........................................................................................................4-17
Sec. 38.410.020. - Community focal point. ...............................................................................................4-17
Sec. 38.410.030. - Lot. ...................................................................................................................................4-18
Sec. 38.410.040. - Blocks. .............................................................................................................................4-20
Sec. 38.410.050. - Utilities. ............................................................................................................................4-21
Sec. 38.410.060. - Easements. .....................................................................................................................4-22
Sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer systems. ................................4-25
Sec. 38.410.080. - Grading and drainage. .................................................................................................4-27
Sec. 38.410.090. - Fire protection requirements. ....................................................................................4-28
Sec. 38.410.100. - Mail delivery. ...................................................................................................................4-28
Sec. 38.410.110. - Water adequacy. ............................................................................................................4-29
DIVISION 38.420. - PARK AND RECREATION REQUIREMENTS ...........................................4-32
Sec. 38.420.010. - General............................................................................................................................4-32
Sec. 38.420.020. - Park area requirements. ..............................................................................................4-32
Sec. 38.420.030. - Cash donation in-lieu of land dedication. ..............................................................4-34
Sec. 38.420.040. - Park use. .........................................................................................................................4-35
Sec. 38.420.050. - Location..........................................................................................................................4-35
Sec. 38.420.060. - Frontage. ........................................................................................................................4-36
Sec. 38.420.070. - Linear parks. ...................................................................................................................4-37
Sec. 38.420.080. - Park development. .......................................................................................................4-37
Sec. 38.420.090. - Waiver of required park dedication. .........................................................................4-38
Sec. 38.420.100. - Recreation pathways. ..................................................................................................4-40
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
Division 38.400. - TRANSPORTATION
FACILITIES AND ACCESS
sec. 38.400.010. - Streets, general.
A. All streets must comply with the adopted land use plan and/or transportation plan. The arrangement,
type, extent, width, grade and location of all streets must be considered in their relation to existing
and planned streets, to topographical conditions, to public convenience and safety, and to the
proposed uses of the land to be served by such streets. The design standards contained in these
regulations apply to all construction, reconstruction and paving of streets. Review authority for
exceptions or modifications to this section is specified in 38.700.010.
B. Relation to undeveloped areas.
When a proposed development adjoins developed land, the streets and alleys must be arranged to
provide for the continuation of streets and alleys between adjacent developed properties when such
continuation is necessary for the convenient movement of traffic, effective provision of emergency
services and efficient provision of utilities.
C. Separation of through and local traffic.
Where a development abuts or contains an existing or proposed arterial or collector street, the
developer may be required to provide frontage roads, reverse frontage with a reservation prohibiting
access along the rear property line, screen planting, or such other treatment as may be necessary for
protection of residential properties and to afford separation of through and local traffic.
D. Distance between parallel rights-of-way.
Where a development borders on or contains a railroad, limited access highway, canal, ditch or
stream right-of-way, the developer may be required to provide a street approximately parallel to
and on each side of such right-of-way at a distance suitable to allow for the appropriate use of the
intervening land. Such distances must also comply with the requirements of approach grades and
future grade separation.
E. Dead-end streets and alleys.
1. Dead-end streets are generally prohibited. If they are approved by the review authority, they must
comply with city design specifications and standards, and with any city-adopted International Fire
Code, appendix D. No dead-end streets longer than 150 feet are permitted without an approved
turn-around. Where streets terminate, the developer must provide a cul-de-sac at the terminus.
Where it is planned that a dead-end street will be extended in the future, a temporary cul-de-sac
must be provided. All approved turnarounds must be signed as Fire Lane.
2. "T" turnarounds, in-lieu of temporary cul-de-sacs, must comply with city design specifications
and standards, and with any city-adopted International Fire Code, Appendix D. All other design
requirements are established by the review authority.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
F. Local streets.
Local streets must be laid out to discourage speeding. Traffic calming measures in line with the
guidance provided in the city design and construction standards must be considered.
G. Half streets.
Half streets are prohibited except when they are essential to the development, are beneficial to the
city, or when the review authority is satisfied that the half street will be dedicated to the public after
the adjoining property is developed. Half streets must be approved by the review authority, and when
adjacent to unannexed land, the county road office. When an existing half street is adjacent to a tract
to be developed, the undeveloped half of the street must be provided with the new development.
H. Second or emergency access.
1. To facilitate traffic movement, the provision of emergency services and the placement of
utility easements, all developments must be provided with a second means of access. If, in the
judgment of the development review committee (DRC), a second dedicated right-of-way cannot
be provided for reasons of topography or other physical conditions, the developer must provide
an emergency access, built to the standards detailed in these regulations.
2. This provision may be waived or conditionally waived by the DRC.
I. Cul-de-sacs.
Cul-de-sacs are generally prohibited. The review authority may consider and approve the
installation of a cul-de-sac only when necessary due to topography, the presence of critical lands,
access control, adjacency to parks or open space, or similar site constraints. Active transportation
connections must be installed at the end of cul-de-sacs where deemed appropriate.
J. Bridges and culverts.
Culverts or bridges must be provided and installed by the developer where drainage channels
intersect any street right-of-way.
1. Bridges.
Bridges must be built to state department of transportation load standards, and must be reviewed
and approved by the county road office and the city engineering department.
2. Culverts.
a. All culverts must, at a minimum, extend across the entire improved width of the street cross
section. When culverts are determined necessary by the city engineering department, the size
and length of the culvert and the amount of backfill over the culvert must be determined by a
registered professional engineer.
b. Each culvert or other drainage facility must be large enough to accommodate potential
runoff from upstream drainage areas. The minimum capacity of a culvert must meet the
requirements of the city design and construction standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
K. Encroachment permits.
The person or entity undertaking the development must obtain permits required by the Montana
Department of Transportation for all access to state highways.
L. Traffic control devices.
Street signs and other traffic control devices must be installed at all intersections and any other
location required by the city. The location, size, shape and height of all traffic control devices must
comply with city requirements, and must conform with the Manual of Uniform Traffic Control Devices
(MUTCD) and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
M. Sight distances.
The alignment of all streets must provide adequate sight distances based on design operating speeds
as defined in the city design and construction standards.
N. Protection of Street Rights-of-Way.
No building permit may be issued, and no use may be established, within any street right-of-way or
proposed street right-of-way shown in the City’s Long-Range Transportation Plan except as allowed
by encroachment permit, per chapter 34, BMC.
sec. 38.400.020. - Street and road dedication.
A. General.
All streets or alleys within, or providing access to, the proposed development must comply with
38.400.050, be dedicated to the public or be privately maintained streets to be owned by the city and
maintained by an approved non-city maintenance provider.
1. Public street easements.
Public street easements must:
a. Be in the city’s standard form or be approved by the city attorney's office;
b. Be recorded in the county clerk and recorder's office; and
c. Clearly grant to the public an unrestricted right of ingress and egress from a public street to
the property to be developed.
2. Privately maintained public streets.
a. Privately maintained streets must have a public access easement.
b. If a privately maintained local street is proposed, the following standards must be met:
(1) The street right of way complies with the city standard requirement of 60 feet, and the
standard back-of-curb to back-of-curb width meets the city design and construction
standards; or
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
(2) The street right of way complies with the city standard of 60 feet. The back-of-curb to
back-of-curb width may vary from city standards, provided that the review authority
approves a departure for the back-of-curb to back-of-curb width when:
(a) An alternate street cross section is provided which provides the functional equivalent
for pedestrian and vehicle travel, snow and stormwater management, and parking of
motor and other vehicles.
(b) A report certified by a professional engineer addressing site conditions including
zoning and expected intensity of development over time, ability to accommodate
unexpected intensity of development, connectivity to other streets, expected traffic
volumes, site distances, spacing of accesses, turning movements, and proposed
alternative means of addressing standards including but not limited to stormwater.
(c) Based upon the above data, the review authority will determine whether a
modification from the required standards is justified. The alternative design must
protect the public's health, safety and welfare, the purpose of this chapter, and the
purpose of the city's land use plan.
(d) A permanent funding source, such as the levying of assessments against all properties
within the development, for street maintenance is established and the funding levels
will be adequate for all future street maintenance; and
(e) The developer signs a perpetual legal instrument, acknowledging that the city will
not assume dedication and/or maintenance of the streets unless the street is brought
up to city standards, or the property owners' have agreed to an assessment to fund
improvements required to bring the street up to city standards. The developer must
record the legal instrument at the time of final plat recordation, or prior to issuance
of building permits if no final plat recordation is required.
(f) The developer must execute a hold harmless and indemnification agreement
indemnifying, defending and holding harmless the city, its employees, agents
and assigns from and against any and all liabilities, loss, claims, causes of action,
judgments and damages resulting from or arising from approval of an alternative
street cross section under this section.
c. Privately maintained collector or arterial streets are not allowed.
d. Documented proof of adequate funding and scheduling for maintenance of all privately
maintained public streets, must be provided, subject to 38.780.090.
sec. 38.400.030. - Intersections.
A. Street intersections shall meet the requirements of the City of Bozeman Design and Construction
Standards and the following:
1. Intersections of streets are subject to the spacing requirements of Table 38.400.090-1;
Intersections must be designed to provide adequate visibility for traffic safety based on the
designated operating speeds of the intersecting roadways.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
sec. 38.400.040. - Street names.
A. The following requirements apply to street names:
1. New streets aligned with existing streets must have the same name as the existing streets.
2. All street names must be approved by the county geographic information systems and city
engineering department prior to final plat or plan approval in order to avoid duplication and
confusion with names of existing streets and roads.
sec. 38.400.050. - Street and road right-of-way width and construction
standards.
A. All streets, roads, and alleys providing access to, and within, the proposed development must meet
the following standards:
1. Right-of-way width and construction standards contained in this chapter: the most recently
adopted long range transportation plan; the City of Bozeman Design and Construction Standards;
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
2. Access streets and roads which are not on the city's or county's road maintenance system must
be dedicated to the public or must have a public easement which meets the criteria of this
division.
sec. 38.400.060. - Street improvement standards.
A. All street improvements must be designed by and constructed under the supervision of a professional
civil engineer, registered in the state, and must meet or exceed the right-of-way and construction
standards adopted by the city (including but not limited to an adopted transportation plan or
specifications manual) and required for the type of street to be constructed.
B. Plans and specifications for all public or private streets (including but not limited to curb, gutter,
storm drainage, street lighting and sidewalks), must be provided to and approved by the review
authority. The developer must provide professional engineering services for construction inspection,
post-construction certifications and preparation of record drawings. The plans and specifications
must be approved and a preconstruction conference must be conducted before any construction is
initiated on the street improvements.
1. Surfacing.
A pavement design report, based upon specific site soil data and design-year traffic loading
conditions, prepared by a professional engineer, or other qualified professional approved by
the review authority, must be submitted to the review authority for approval prior to plan and
specification submittal if using the self-certification process, or with the plans and specifications
if using the standard process. Pavement design must be in accordance with the City of Bozeman
Design and Construction Standards and the City of Bozeman Modifications to Montana Public
Works Standard Specifications.
2. Alleys.
In developments where alleys are proposed, a 20-foot-wide right-of-way must be provided. The
driving surface of the alley must be at least 16 feet wide and must be paved.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
a. Alleys must be designed and constructed in accordance with the City of Bozeman Design
and Construction Standards and the City of Bozeman Modifications to Montana Public Works
Standard Specifications, and subject to approval by the city engineer.
b. Alleys used for backing under 38.530.020.C must be designed to provide the required aisle
width.
3. Mitigation of Transportation Impacts.
When the standards of this section are not met, improvements must be made to mitigate the
impact of the development on the transportation system in accordance with the City of Bozeman
Design and Construction Standards.
a. Level of service standards.
All intersections of arterial and collector streets and intersections with arterial and collector
streets must operate at a minimum, intersection level of service of "D". Level of service (LOS)
values must be determined using the methods defined by the most recent edition of the
Highway Capacity Manual. Unless specifically exempted by this section, the review authority
may only approve a development if the LOS standards are met or mitigated, within the study
area, defined in 38.710.050.A.11.g, in the design year. The design year is the projected year of
full build out or 5 years from the date of application whichever is greater.
(1) Exception:
If an intersection required to be studied by 38.710.050.A.11.g does not meet LOS "D" and
the intersection has been fully constructed to its maximum lane, turning movement
capacity, and intersection control as defined in the latest transportation master plan, then
an LOS of less than "D" is acceptable.
(2) Exception:
If an intersection required to be studied by 38.710.050.A.11.g does not meet LOS "D"
and the intersection does not warrant mitigation as determined by the Director of
Transportation and Engineering, then LOS of less than “D” is acceptable.
(3) Exception:
The review authority may grant a waiver for an LOS of less than "D" at a specific
intersection if the review authority determines:
(a) Granting a waiver for the intersection would not be contrary to public health and
safety and is in the public interest; or
(b) Improvements to the intersection to raise the overall level of service to a "D" or better
are currently scheduled for commencement of construction within five years as
shown on the most recently adopted Transportation Capital Improvement Plan;
A waiver granted under this subsection is valid for the initial entitlement period of the project
and applies only to the real property for which the waiver is granted. A request for the
extension of the initial development approval relying upon an intersection level of service
waiver is a material modification to the application per 38.100.070.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
If the review authority does not grant a waiver from the level of service standard under this
subsection, a subdivider or other site developer may request a variance from the requirements
of this section. If a variance is granted from the requirements of this section, the variance
applies only to the specific development proposal for which it was granted and must not be
considered evidence for any other development proposal.
b. Local Street Volumes.
Local streets are not intended to carry more than 1,000 vehicles per day. Unless specifically
exempted by this section, the review authority may only approve a development if the
projected volumes on local streets within the study area, defined in 38.710.050.A.11.g, are
below 1,000 vehicles per day in the design year or projected volumes above 1,000 vehicles
per day in the design year are mitigated by off-site traffic calming. The design year is the
projected year of full build out or 5 years from the date of application whichever is greater.
(1) Exception:
If existing mitigation measures are already in place.
(2) Exception:
The review authority may grant a waiver for projected local street volumes greater than
1,000 vehicles per day if the review authority determines that granting a waiver for
the intersection would not be contrary to public health and safety and is in the public
interest;
Mitigation measures should target controlling motor vehicle speed and volume on the local
street using traffic calming treatments identified in FHWA's Traffic Calming ePrimer.
A waiver granted under this subsection is valid for the initial entitlement period of the project
and applies only to the real property for which the waiver is granted. A request for the
extension of the initial development approval relying upon an intersection level of service
waiver is a material modification to the application per 38.100.070.
If the review authority does not grant a waiver from the level of service standard under this
subsection, a subdivider or other site developer may request a variance from the requirements
of this section. If a variance is granted from the requirements of this section, the variance
applies only to the specific development proposal for which it was granted and must not be
considered evidence for any other development proposal.
sec. 38.400.070. - Street lighting.
A. Standards.
For street lighting standards, see 38.570.
B. Timing.
For the timing of street lighting improvements, see 38.780.030.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
sec. 38.400.080. - Sidewalks.
A. General.
City standard sidewalks (including a concrete sidewalk section through all private drive approaches)
must be constructed in all developments on all public and private street frontages, except for
alleys. The requirements of the City of Bozeman Design and Construction Standards and the City
of Bozeman Modifications to Montana Public Works Standard Specifications, and the streetscape
standards of 38.260.050 apply.
B. Sidewalks adjacent to public lands.
The developer must install sidewalks adjacent to public lands, including, but not limited to, parks,
open space, and the intersection of alleys and streets or street easements. Applicable sidewalks
adjacent to public lands are subject to the streetscape standards of 38.260.050, with a minimum
sidewalk width of 6 feet. Where the public land adjacent to the site is a recreation or transportation
pathway, the developer may install access to said pathway, meeting the standards of 38.510.040.D, in
lieu of installing a sidewalk.
C. Timing.
The following requirements regarding the timing of the installation of sidewalks apply:
1. For subdivision improvements, please refer to 38.780.030.
2. For site development improvements, sidewalks must be installed prior to issuance of an
occupancy permit, or must be subject to an approved improvements agreement and financially
guaranteed, as specified in 38.780.
sec. 38.400.090. - Access.
A. General.
All final site plans and plats must contain a statement requiring lot accesses to be built to the standard
contained in this section, the City of Bozeman Design and Construction Standards, and the City of
Bozeman Modifications to Montana Public Works Standard Specifications.
1. Lot access standards. The drive approach must be constructed in accordance with the city's
standard approach, which includes a concrete apron, sidewalk section and drop-curb.
2. A city curb cut and sidewalk permit must be obtained from the engineering department prior to
installation of the approach.
3. Access must comply with any city-adopted International Fire Code.
B. Drive access from improved public street, approved private street or alley required.
1. For purposes of this Code, "improved" public street, approved private street, or alley means and
includes any street or alley within the city constructed to a standard which meets or exceeds
standards established by this chapter, the City of Bozeman Design and Construction Standards,
and the City of Bozeman Modifications to Montana Public Works Standard Specifications.
Constructed public streets which may not meet current city standards but which are constructed
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
to a standard that has historically provided an adequate level of service to adjacent properties,
which level of service would not be degraded as a result of a pending development proposal.
2. Unless otherwise allowed by this chapter, all lots must be provided with legal and physical access
via one of the following options:
a. Fifteen feet of frontage on a public or approved private street;
b. Fifteen feet of frontage on a public or approved private street and an improved alley; or
c. Fifteen feet of frontage on an improved alley and a greenway corridor or trail corridor
which includes a transportation pathway meeting sidewalk or shared use path standards
of 38.400.110 with public access. Access to each home from the transportation pathway
must be provided. Developer must make provision for all necessary maintenance to keep
the transportation pathway accessible and functional year round. This option may require
additional improvements to the alley to accommodate emergency access, snow removal and
storage, and the provision of utilities. The alley may also require signage for the provision of
emergency services.
d. Have a courtyard access meeting standards of 38.410.030.D.
C. Drive access requirements.
1. Drive accesses are required for commercial parking lots and parking lots for residential
developments subject to the site plan review procedures of 38.740.
2. Parking areas for residential developments subject to the sketch plan review procedures of
38.740.060, may take access directly from an improved public street, approved private street or
improved alley as defined in subsection B.1 of this section with access provided according to the
provisions of this section and 38.530.020.C.
3. All drive accesses installed, altered, changed, replaced or extended must comply with the
following requirements:
a. Residential.
(1) Residential lots must not have direct access to arterials or collectors, unless the standards
contained in Table 38.400.090-1 are complied with;
(2) Residential drive access standards apply to all residential development with drive access
facing a street, except apartment buildings.
(a) Individual residential drive accesses facing the street with a single internal parking
bay meeting the standard of Table 38.530.020-1 may not exceed 12 feet in width
measured at the right-of-way line and 18 feet in width measured at the curb line.
(b) Individual residential drive accesses facing the street with two or more internal
parking bays meeting the standard of Table 38.530.020-1 may not exceed 20 feet in
width measured at the right-of-way line and 26 feet in width measured at the curb
line.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
(c) Individual and shared drive accesses must be physically separated by means of a
landscaped area greater than or equal to ten feet in width between paved areas and
extending from the front line of the building to the right-of-way line.
(d) Residential complexes with 25 or more dwelling units must meet the commercial
access standards in subsection b. below.
b. Non-residential.
(1) Commercial drive access widths must be no greater than 35 feet measured at the inside
edge of the drive access extended, at its intersection with the projected curbline of the
intersecting street. Two-way drive access must be a minimum of 24 feet and one-way
drive access must be a minimum of 16 feet.
(2) Industrial drive access widths must be no greater than 40 feet measured at the inside
edge of the drive access extended, at its intersection with the projected curbline of the
intersecting street. Two-way drive accesses must be a minimum of 24 feet and one-way
drive accesses must be a minimum of 16 feet.
c.
Figure 38.400.090-1. Commercial and industrial
accesses.
Drive accesses for all multiple tenant commercial buildings or complexes/centers, or
industrial drive accesses must be set back a minimum of 20 feet from the adjacent property
line unless such drive access is approved as a shared drive access.
d. Drive accesses to drive-in theaters, stadiums, racetracks, funeral homes or uses generating
very heavy periodic traffic conflicts must be located not closer than 200 feet to any
pedestrian or vehicular entrance or exit to a school, college, university, church, hospital,
public emergency shelter or other place of public assembly.
e. All commercial and industrial drive accesses on arterial streets must have a radii in accordance
with the city’s design and construction standards, unless otherwise approved by the review
authority. All commercial and industrial drive accesses on other streets may have either return
radii or depressed curbs.
D. Spacing standards for drive accesses.
1. General.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
a. Consolidation of access points onto public streets, to achieve a distance between access
points in excess of the minimum standards in this section, is desired and must be considered
during all levels of site plan review.
b. For the purposes of this section, public or private access means any street, alley, driveway or
other point of vehicular access to a publicly controlled street.
c. The distance between public and/or private accesses on a public street must be measured
between the right-of-way line for public accesses and the nearest inside edges of private
accesses according to the following distances specified in Table 38.400.090-1.
d. This subsection D does not apply to single-, two-, three-, or four-unit dwellings on individual
lots.
2.
Figure 38.400.090-2. Spacing standards for
drive accesses.
The standards in Table 38.400.090-1 apply to the minimum distance between public and/or
private accesses and intersections, and the minimum distance between public and/or private
accesses and other public and/or private accesses.
a. Partial access excludes left turns onto the major street.
b. Full access allows all turn movements, in and out.
Table 38.400.090-1. Minimum distance between public/ private accesses, local streets, and intersections.
Access Located on
Principal Arterial
Streets
Access Located on
Minor Arterial and
Collector Streets
Access Located on
Local Streets
Average Spacing In All Districts In All Districts In All Districts
Partial access 315' 150' 40'
Full access 660' 330' 40'
Minimum separation 315' 150' 40'
E. Number and location of drive accesses.
1. Single-household uses are limited to one drive access per street face, except on properties
abutting arterial streets, in which case shared accesses, or drive aisles facilitating the turning of
automobiles on-site are required.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
2. Notwithstanding any other provisions of this chapter, drive accesses may not be located closer
than five feet to any side property line, unless shared access, as defined in 38.800.200, with the
adjoining property is approved. This standard does not apply to the shared side property line of
townhouses units with adjacent garages using attached drive aisles.
F. Shared drive access.
The city desires and encourages sharing access drives, as defined in 38.800.200, between separate
parcels.
G. Access approval required.
All drive accesses may be approved by the review authority for width and location.
H. Modifications of property access standards.
1. Some of the standards listed in subsections C through E of this section, may be relaxed by the
review authority if it is shown during the development review process that more efficient design
can be accomplished without jeopardizing the public's health, safety and welfare, the purpose of
this chapter, or the purpose of the city's land use plan.
2. Modifications from access standards may be approved by the review authority.
3. Commercial developments (including residential complexes for five or more households) which
may not be able to meet the requirements of subsections C through E of this section, and are
requesting modifications from the standards, must submit to the city engineer a report certified
by a professional engineer addressing the following site conditions, both present and future:
a. Traffic volumes;
b. Turning movements;
c. Traffic controls;
d. Site design;
e. Sight distances; and
f. Location and alignment of other access points.
4. Based upon the above data, the review authority will determine whether a modification from the
required standards is justified and, if so, what alternative requirements will be necessary.
sec. 38.400.100. - Street vision triangle.
Vision Triangles must meet the requirements of American Association of State Highway and
Transportation Officials (AASHTO) and the City of Bozeman Design and Construction Standards.
sec. 38.400.110. - Transportation pathways.
A. General.
Pathways must be installed in accordance with this chapter, the land use plan, the most recently
adopted long-range transportation plan, any adopted citywide park plan, and any adopted individual
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
park master plan, and must comply with City of Bozeman Design and Construction Standards. See
also 38.420.070, 38.420.100, and 38.620.
B. Pathway categories.
The development review committee (DRC) must determine whether a pathway is a transportation
pathway or a recreation pathway. For subdivision this determination must be made during the pre-
application process.
1. Transportation pathways.
Developers must install transportation pathways, to provide adequate active transportation
facilities within the development, as part of the required development improvements.
Transportation pathways must be ADA accessible, and include the following types of facilities:
a. Sidewalks (also see 38.260.050 for sidewalk standards);
b. Bicycle facilities; and Class I trails;
(1) With the exception of trail corridors within required watercourse setbacks, corridors for
Class I trails must be dedicated to the city. The dedicated trail corridor must be at least
25 feet in width to ensure adequate room for the construction, maintenance and use
of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication
requirements; and
c. Pathways that connect community or neighborhood commercial nodes by a reasonably
direct route; or
d. Pathways that connect major residential, employment, educational, or other service nodes by
a reasonably direct route.
2. Recreation pathways.
For the definition of recreation pathways, please see 38.420.100.B.
C. Related facilities.
If pathways are proposed or required, stream crossings and other similar improvements, where
necessary, must be installed. Bridge design and construction must comply with City of Bozeman
Design and Construction Standards and the City of Bozeman Modifications to Montana Public Works
Standard Specifications, and must be submitted to the community development department for
review and approval. Any necessary permits for bridges must be obtained by the developer from the
appropriate agency prior to installation of the stream crossings.
D. Trail requirements.
The class of the trail must be determined by the review authority, and the trail must be designed
and constructed according to any adopted park or recreation plan, City of Bozeman Design and
Construction Standards, and the City of Bozeman Modifications to Montana Public Works Standards
Specifications. Trails and bridges must meet ADA specifications for recreational facilities and maintain
a natural appearance. Trail plans and specifications must be submitted to the planning and parks
departments for review and approval prior to installation.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
E. Bikeways and boulevard trails.
Wherever new streets are to be developed as a result of a development proposal, or wherever
existing streets or roads are required to be improved, the developer may be required to incorporate
striped bicycle lanes along the shoulder, meeting current AASHTO standards, into the design and
construction or improvement of the streets or roads. The decision to install a boulevard trail instead
of a bicycle lane must be based on the most recently adopted long-range transportation plan. The
review authority may consider exceptions based on the particular characteristics of a transportation
corridor and recommendations from the DRC and the Bozeman Area Bicycle Advisory Board.
Boulevard trails and bicycle lanes must be designed and constructed in accordance with the most
recently adopted long-range transportation plan, and any other applicable city specifications and
standards.
F. Pathway maintenance.
Trails within and adjacent to the proposed development, as well as off-street pathways (i.e., sidewalks
and boulevard trails) along external development streets, must be maintained by the developer
(including snow removal) in accordance with an approved maintenance plan until 50 % of the lots
within the development are sold. Thereafter, the property owners' association must be responsible
for maintenance. The property owners' association may establish an improvement district to collect
assessments to pay for the maintenance.
G. Pathway easements.
Where pathways cross private land or common open space, the proper public access easements
must be provided. Public access easements for pathways must be at least 25 feet wide. The director
of public works may accept an alternate easement width when said easement is parallel to a road
ROW.
H. Trails in required watercourse setbacks.
Trail corridors within required watercourse setbacks must not be dedicated to the city, and such land
may not be used to satisfy parkland dedication requirements. When publicly accessible trails are
established within required watercourse setbacks, public access easements at least 25 feet in width
must be provided to ensure adequate room for the construction, maintenance and use of the trail.
I. Corridors.
Corridors for transportation pathways may not be used to satisfy parkland dedication requirements.
sec. 38.400.120. - Public transportation.
A. Street design.
All interior and exterior development streets that are designated as transit routes, as delineated in
the most recently adopted transit provider’s development plan, must be designed to accommodate
transit vehicles and facilities. Considerations for transit street design include but are not limited to:
1. Pavement design;
2. Lane width;
3. Corner radii;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
4. Street grade;
5. Curb height; and
6. Right-of-way width.
B. Other transit considerations.
Developments with designated transit routes must be designed with consideration to the following
requirements:
1. Spacing of transit stops.
All lots within the development must not be further than one-half mile from a designated transit
route;
2. Length of transit stops.
Where provided or required, pullouts at transit stops must meet the design criteria established by
the transit provider;
3. Location.
a. Transit stops should be located based on best practice and any standards of the local transit
provider. The locations should be reviewed by the local transit provider.
b. Transit stop locations will provide for ADA accessibility. At a minimum that includes a concrete
surface connecting the sidewalk to the curb in a location where the bus can pull up to the
curb.
c. Transit stop locations will include accessible connections to adjacent or nearby sidewalks or
active transportation facilities.
4. Driveway conflicts.
Lots and lot accesses must be configured to avoid conflicts with transit stops; and
5. Lighting.
Street lighting must be configured to provide adequate lighting at transit stops.
C. Transit facilities.
If any streets on the interior or exterior of the development are designated as transit routes, the
review authority may require the developer to provide transit facilities such as transit stop signage,
benches, bicycle racks, lighting and bus shelters.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
Division 38.410. - COMMUNITY DESIGN AND
ELEMENTS
sec. 38.410.010. - General standards.
A. Conformance.
The design and development of all land uses must conform to this chapter, adopted growth policies,
any relevant adopted neighborhood or subarea plan, and other resolutions and regulations, including
any and all amendments thereto.
B. Natural environment.
The design and development of all land uses must be properly related to topography, and must, to
the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and other
existing vegetation.
C. Lands unsuitable for development.
Land which the city has found to be unsuitable for development because of potential hazards such
as flooding, landslides, excessive slope, rock falls, subsidence, high water table, presence of wetlands;
or because of unreasonable burdens on the general public such as requirements for the excessive
expenditure of public funds, environmental degradation, or congestion in the streets or roads must
not be used for building or residential purposes unless the hazards or excessive public burdens are
eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 % or
greater are presumed unbuildable unless demonstrated otherwise by the developer.
sec. 38.410.020. - Community focal point.
A. All residential subdivisions or site plans that are ten net acres in size or greater, must have a
community focal point. Developments may be exempted from this requirement if every lot within the
development is within one-half mile of an community focal point. Generally, the focal point must be
no less than one acre in size. The focal point must be comprised of a public park, usable open space,
transit stop, small scale commercial center, civic use, or any combination of these. The following
requirements apply to all neighborhood centers:
1. The geographic center point of the community focal point must be no further than 600 feet
from the geographic center point of the development. This requirement may be waived in the
following circumstances:
a. The focal point is a small scale commercial center or is adjacent to a small scale commercial
center;
b. The site is constrained by the presence of watercourses or wetlands;
c. The site is part of an approved neighborhood plan under the community’s land use plan that
shows the focal point in a different location; or
d. The topography of the site presents physical constraints on the property.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
2. With the exception of civic and small scale commercial center uses, the developer must install
all focal point related improvements as part of the required development improvements. When
a multi-phase project is developed, improvements must be installed proportionately with
each phase but improvements may be installed in advance of one or more phases. Required
improvements must be based on the definition of each feature found in article 7 of this chapter,
and/or city standards.
3. The community focal point must have street frontage along 100 % of its perimeter. The city may
consider and approve the installation of streets along less than 100 %, but not less than 50 %, of
the perimeter in accordance with 38.420.060.
4. With the exception of civic, public park, and small scale commercial center buildings and grounds,
the initial development application must identify a mechanism, acceptable to the city, for
maintenance of the community focal point.
5. Areas within community focal point parks are subject to 38.420.
sec. 38.410.030. - Lot.
A. Dimensions and orientation.
Lot size, width, shape and orientation must be appropriate for the location and contemplated use
of the development. In residential developments, a variety of lot sizes must be provided to facilitate
housing diversity and choice, and to meet the projected requirements of people with different
housing needs. Lot designs with irregular shapes, narrow necks, points and flag shapes are permitted
only when the developer can demonstrate that the proposed lot designs are necessary due to
topography or other physical constraints on infill. Each lot must contain a satisfactory building
site adequate for the uses permitted in its zoning district. Each lot must conform to this chapter,
any growth policies, any applicable adopted neighborhood or subarea plan, and to any applicable
regulations of the state department of environmental quality.
B. Division by rights-of-way.
No single lot must be divided by a public street, alley, or public or private utility right-of-way or
easement that would reduce the amount of buildable land to less than the minimum lot size required
by this chapter for the applicable zoning district.
C. Double/through and reverse frontage.
Double/through frontage and reverse frontage lots are prohibited except where essential to provide
separation of residential development from arterial streets; to provide access to development
adjacent to limited access streets; to overcome topography or other physical conditions; or to
overcome specific disadvantages of existing design and orientation. Lots fronting on a street and an
alley are not considered double/through or reverse frontage lots.
D. Courtyard access lots.
This includes a series of lots clustered around a internal access easement. Minimum standards:
1. Maximum number of lots served by a courtyard access: Five (this includes lots fronting the street
on either side of the courtyard access).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
2. Maximum length of a courtyard access: 100 feet (or deeper if approved by the fire marshal). The
length may be increased to 150 feet if all structures beyond 100 feet of the street are equipped
with automatic fire sprinkler systems.
3. Surface width of courtyard access: 15 feet minimum, to provide access for ambulances.
Provisions must be made to keep the access clear of snow, vehicles ("no parking" signs), and
vegetation.
4. An easement of 20 feet in width must be secured over the applicable parcels to allow lots legal
access to the public street. A maintenance agreement is required for all applicable lots and must
be recorded on the plat.
5. Buildings accessed from a courtyard access are limited to two-stories in height, due to aerial
apparatus access limitations.
E.
Figure 38.410.030-1. Examples of courtyard access lots.
Corner lots.
1. Corner lots must have sufficient width to permit appropriate building setbacks from both streets
and provide acceptable visibility for traffic safety.
2. Homes on corner lots must have the same orientation as homes on lots on the interior of the
block, unless otherwise approved through an overall development plan.
F. Width.
Lots must have a width sufficient to allow normal construction without the construction encroaching
on property lines, and must comply with the building setback requirements of this chapter.
G. Depth.
Except for individual lots for individual townhouses; lots used to meet the requirements of 38.340;
lots serviced by an alley; or when necessitated by physical features of the land, no lot may have an
average depth greater than three times its average width.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
H. Side lot lines.
Side lot lines must be at substantially right angles to street or road lines and radial to curved street or
road lines.
I. Frontage.
Unless otherwise allowed by this chapter, all lots must have frontage in compliance with
38.400.090.B to provide, among other things, adequate room for snow removal, lot access and utility
easements.
J. Civic uses.
If lots are reserved or identified for civic uses, these lots must be prominent sites at the termination of
street vistas, or in the neighborhood center.
K. Exceptions.
Commonly owned lots designated for accessory uses (i.e., stormwater management, open space,
utilities) are exempt from the provisions of this section.
L. Numbering.
All tracts except ROW must have an identifying lot number restarting with each block.
sec. 38.410.040. - Blocks.
A. Size and orientation.
Blocks must be designed to ensure a high level of multi-modal connectivity, traffic safety, and ease
of traffic control and circulation; to accommodate the special needs of the use contemplated; and to
take advantage of the limitations and opportunities of the topography.
B. Block length.
Block length must not be designed, unless otherwise impractical, to be more than 400 feet in
length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due
to topography, the presence of critical lands, access control, or adjacency to existing parks or open
space. In no case may a block exceed 1,320 feet in length.
C. Block width.
Blocks must not be less than 200 feet or more than 400 feet in width, except where essential
to provide separation of residential development from a traffic arterial or to overcome specific
disadvantages of topography and orientation.
D. Rights-of-way for pedestrians.
Rights-of-way not less than ten feet wide for pedestrian walks are required where deemed necessary
to provide circulation or access to parks, open space, schools, playgrounds, shopping centers,
transportation, and other community facilities. In addition, no continuous length of block may
exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks must also be
installed at the end of cul-de-sac where deemed appropriate.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
1. Setbacks adjacent to pedestrian rights-of-way less than 30 feet wide must be not less than ten
feet. Setbacks adjacent to pedestrian rights-of-way 30 feet wide or greater must be not less than
five feet.
2. The pedestrian walks must be maintained by the adjacent property owner or by the property
owners' association. The party responsible for maintenance of pedestrian walks must be identified
in the preliminary plat application.
3. Pedestrian walks must be constructed as a city standard sidewalk, and comply with the provisions
of 38.400.080 and the landscaping requirements of 38.540.050.E.
E. Numbering.
Developments which have clearly delineated blocks must use block numbers or letters; each block
must contain its own grouping of lot numbers and must be wholly surrounded by a street, separated
by a park or pathway, not an alley.
Figure 38.410.040-1. Blocks.
sec. 38.410.050. - Utilities.
A. Utilities must be placed underground, wherever technically and economically feasible. Underground
utilities, if placed in a street right-of-way, must be installed after the street has been brought to grade
and before it is surfaced.
B. If overhead utility lines are used, they must be located at the rear property line unless technically
unfeasible.
C. Utility facilities must be designed by utility firms in cooperation with the developer. The facilities are
subject to all applicable laws, rules and regulations of the appropriate regulatory authorities.
D. The developer must provide adequate and appropriate utility easements in compliance with
38.410.060.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
sec. 38.410.060. - Easements.
A. Required easements.
Where determined to be necessary, public and/or private easements must be provided for private and
public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements must be described, dimensioned and shown on the final plat in their
true and correct location.
2. In all other developments, the proper easements documents must be prepared for review and
approval by the city, and filed at the county clerk and recorder's office. The easement documents
must be accompanied by an exhibit indicating the dimensions, and true and correct location, of
all easements.
3. No lot may be encumbered by a public or private utility easement in a way that would decrease
the amount of buildable land to less than the area required by this chapter for the applicable
zoning district.
4. The city may require use of its standard easement language and may require recording of
separate easement document and maps when in the city’s sole discretion it is most appropriate.
B. Private utility easements.
Private utilities include, but are not limited to, natural gas, electricity, telephone, cable and fiber optic
lines. The developer must provide private utility easements necessary to extend private utilities to
the development, and to provide for the construction and maintenance of private utilities within the
development.
1. General.
a. Building setbacks must be coordinated with all provided utility easements. If a utility easement
will be greater than the building setback required by this chapter, a note to that effect must be
placed on the final plat and/or final site plan as appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road department
having jurisdiction.
c. If placed in a city right-of-way, easements must be in a location required by and agreed upon
in writing by all of the appropriate utility companies and the review authority.
2. Easement size.
a. Front setback utility easements.
Front setback utility easements must be ten feet wide, and must always be provided unless
written confirmation is submitted to the community development department from all utility
companies providing service indicating that front setback easements are not needed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
b. Rear setback utility easements.
The provision of rear setback utility easements is not mandatory unless they are required
by any or all of the utility companies to adequately serve the development. If provided, rear
setback utility easements on each lot must be six feet wide if adjacent to a public alley and
ten feet if not adjacent to a public alley.
c. Side setback utility easements.
The provision of side setback utility easements is not mandatory unless they are required by
any or all of the utility companies to adequately serve the development. If provided, the width
of the side setback utility easement must be determined on a case-by-case basis based on
the needs of the utility companies.
3. Private utility plans.
a. When the concurrent construction option will be used, based on the provisions of
38.780.030.D, private utility plans must be included with the preliminary plan submittal.
b. Private utility plans must be provided with any plans and specification submittals for the
construction of new water, sewer or street infrastructure as specified in the City of Bozeman
Design and Construction Standards.
4. Encroachment.
No building shall be constructed that encroaches on a private utility easement unless written
approval from all utility companies is provided to the community development department.
C. Public utility easements.
Public utilities include water, sewer and stormwater facilities that are dedicated to and maintained
by the city. Public utility easements shall meet the requirements of the City of Bozeman Design and
Construction Standards.
1. A public utility easement must be granted for all public utility mains not located within public
street right-of-way. An easement must be at least 30 feet wide for two utility mains and at least
20 feet wide for a single utility main. An additional ten feet of width is required for each additional
main that occupies the easement. Wider easements may be required at the discretion of the city
for large utility lines.
2. Public utility easements must be provided for all meter pits and fire hydrants maintained by
the city. No permanent structures may be placed within public utility easements unless an
encroachment permit has been obtained from the city.
D. Easements for agricultural water user facilities.
1. Except as noted in 2. below, the developer must establish appropriate agricultural water user
facility easements that:
a. Are in locations of appropriate topographic characteristics and sufficient width to allow the
physical placement and unobstructed maintenance of active open ditches or below ground
pipelines. Easements may be required when an agricultural water user facility is on adjacent
property but an easement necessary to protect the function of the agricultural water user
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
facility crosses onto the property to be developed. The easement must facilitate the delivery
of water for irrigation to persons and lands legally entitled to the water under an appropriated
water right or permit of an irrigation district or other private or public entity formed to provide
for the use of the water right;
(1) The easements must ensure the conveyance of water through the land to be developed
to lands adjacent to or beyond the development's boundaries in quantities and in a
manner consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation canals and
ditches.
b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for
construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass within the
agricultural water user facility easement without the written permission of the facility owner.
2. The developer need not establish agricultural water user facility easements as provided above if
the following provisions were met or will be met via the subdivision or site plan process:
a. The average lot size is one acre or less and the developer provides for disclosure, in a manner
acceptable to the review authority, that adequately notifies potential buyers of lots that are
classified as irrigated land and may continue to be assessed for irrigation water delivery even
though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the water rights
from the subdivided or developed land. If the water rights have been or will be removed
from the land within the development it must be so noted with the preliminary plat or plan
submittal. If removal of water rights is not complete upon filing of the final plat or approval
of the final site plan, the developer must provide written notification to prospective buyers
of the intent to remove the water right and must document that intent, when applicable, in
agreements and legal documents for related sales transactions.
c. Easements may be required to maintain an agricultural water user facility if the facility conveys
water to off-site users.
3. Stormwater from a development must not unreasonably impair any easement associated with an
agricultural water user facility.
4. If the developer demonstrates that easements have been extinguished pursuant to state law, or
the holder of the easement consents in writing to the extinguishment, or the easement is not
required per 2. above, the developer may remove ditch laterals from within the subdivision.
5. If agricultural water user facility easements are required, a notice must also be recorded with a
final plat or prior to final plan approval, stating that the easements are subject to the requirements
of MCA 70-17-112 restricting interference with canal or ditch easements and that irrigation works
are subject to MCA 85-7-2211 and 85-7-2212 regarding duties and liability. The notice must
include language to assure the duties are binding upon all successors in interest and remain in
effect until such time that the agricultural water user facility is abandoned in accordance with
the requirements of Montana Law or alternative requirements are agreed to in writing by all
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
applicable parties. The easements must be prepared as documents separate from a final plat but
may be referenced on a final plat.
6. Any other mitigation of impacts to an agricultural water user facility identified during development
review must be coordinated with any required easement. Mitigation shall be reasonable, based on
site-specific conditions, and shall be developed with consideration of comments received from
the water users pursuant to 38.310.010.B.
E. Easements for City-owned Irrigation Systems.
Easements benefiting city must be provided for irrigation systems and components that will be
owned and maintained by the city for use in public rights-of-way and parks that are located on
private land pursuant to this section and 38.540.080.
F. Other easements.
Public access easements for streets and trails must be provided in accordance with the provisions of
divisions 38.400 and 38.420 of this chapter.
sec. 38.410.070. - Municipal water, sanitary sewer and storm sewer
systems.
A. General.
All municipal water supply, sanitary sewer and storm sewer system facilities must comply with the
following requirements:
1. The developer must install complete municipal water and sanitary sewer system facilities, and
may be required by the city to install municipal storm sewer system facilities. These systems
must be installed in accordance with the requirements of the state department of environmental
quality and the city, and must conform with any applicable facilities plan. The city's requirements
are contained in the City of Bozeman Design and Construction Standards and the City of
Bozeman Modifications to Montana Public Works Standard Specifications, and by this reference
these standards are incorporated into and made a part of these regulations. The developer must
submit plans and specifications for the proposed facilities to the city and to the state department
of environmental quality and must obtain their approvals prior to commencing construction of
any municipal water, sanitary sewer or storm sewer system facilities.
2. The cutting of any city street must be done in compliance with the city's street cut policy and City
of Bozeman Design and Construction Standards.
3. When a proposed development adjoins undeveloped land, and municipal infrastructure mains
would reasonably pass through the new development to the undeveloped land, municipal
infrastructure mains must be arranged to allow the suitable development of the adjoining
undeveloped land. Municipal infrastructure mains within the proposed development must be
constructed to the boundary lines of the tract to be developed, unless prevented by topography
or other physical conditions. An exception to this standard may be granted upon written request
of the applicant if the applicant demonstrates during the development review process that more
efficient design can be accomplished without jeopardizing the public's health, safety and welfare,
the purpose of this chapter, or the purpose of the city's land use plan.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
B. Municipal water supply system; additional requirements.
Municipal water supply system facilities must also comply with the following requirements:
1. When the city's municipal water main is extended, the length of a dead-end water main typically
may not exceed 500 feet in length, unless approved in writing by the city.
2. The length of service lines from the main to the structure may not exceed 150 feet in length,
unless approved in writing by the city.
C. Municipal infrastructure requirements and alternative compliance.
1. Whenever any building lots and/or building sites are created inside the city limits or existing lots
are annexed, and prior to the issuance of any building permits on such lots or sites, municipal
water distribution, municipal sanitary sewer collection, and streets must be provided to the site.
Each building site must utilize and be connected to both the municipal water distribution and
municipal sanitary sewer collection systems. Installation of improvements is subject to 38.780.
a. Alternative.
When, in the city's sole determination, it is in the city's long term best interests to allow a
building lot or site to be created or developed without immediate access to either municipal
water or municipal sewer the city may, at its sole discretion, make such allowance when all of
the following have been met:
(1) The non-municipal system to service the lot or site must be designed, reviewed and
constructed to meet city standards. Systems serving more than one lot or user must be
central systems;
(2) The non-municipal system must be designed and constructed in a manner to allow
connection to the municipal system components shown in applicable facility plans to
serve the property at such time as it becomes available;
(3) The landowner must provide waivers of right to protest creation of special improvement
districts or other financing methods to extend municipal water and sewer services. Such
extensions or connections may require construction of system components that are not
immediately adjacent to the building lot or site;
(4) The landowner must agree to connect to municipal water and sewer services and
abandon and remove non-municipal services when so instructed by the city. Such
agreement must be binding on all successors and run with the land;
(5) If the city takes responsibility to operate the non-municipal system it may impose a
surcharge to cover extra operational expenses. City operation of the system is at the
city's discretion;
(6) The requirement for future connection to the municipal water and/or sewer system,
waivers and agreements, and other applicable materials must be either noted on the plat
or final plan or a separate notice be recorded at the county clerk and recorder's office so
that such notice will appear on a title report or abstract of the property;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
(7) No non-municipal water or sewer systems must be constructed until all necessary
approvals from the state department of environmental quality, City of Bozeman, county
health department, and any other relevant agency have been received; and
(8) The use of municipal water or sewer systems is considered to be the best means to
protect the public interest and welfare. The alternative for the use of non-municipal
systems is intended to be used sparingly and in extraordinary circumstances. In order to
protect the public interest, in approving a non-municipal system the city may impose
such conditions of approval as it deems necessary.
2. These improvements must be designed, constructed and installed according to the standards and
criteria as adopted and approved by the city prior to the issuance of any building permits.
3. The issuance of a building permit may be allowed prior to completion of the public infrastructure,
provided the criteria, standards, and limitations of 38.780.030 are met.
sec. 38.410.080. - Grading and drainage.
A. The developer must install complete drainage facilities in accordance with the requirements of the
state department of environmental quality and the city, and must conform to any applicable facilities
plan and the terms of any approved site specific Stormwater Drainage Plan. The city's requirements
are contained in the City of Bozeman Design and Construction Standards and the City of Bozeman
Modifications to Montana Public Works Standard Specifications, and by this reference these standards
are incorporated into and made a part of these regulations. The developer must submit plans and
specifications to the city and to the state department of environmental quality (if applicable), and
must obtain their approvals prior to commencing construction of any drainage system facilities.
B. Provisions must be made for the control and drainage of surface water around buildings. All lots and
street boulevard areas must be graded no lower than the back of curb or level of street, whichever
is applicable, prior to final plat or final routing for occupancy approval as appropriate. Exceptions
may be granted by the city when adequate drainage facilities are provided or the city determines
site topography requires. All drainage plans must comply with the requirements of the International
Building Code and International Residential Code as adopted by the city, and by this reference these
standards are incorporated into and made a part of these regulations.
C. Stormwater retention or detention systems may be located within public parkland, but such areas
must not count towards the parkland dedication requirement unless the stormwater ponds on
parkland are designed, constructed and/or added to so as to be conducive to the normal use and
maintenance of the park. Stormwater systems serving multiple lots in separate ownership must not
be located on private lots or public rights-of-way. Stormwater retention or detention ponds must be
maintained by the property owners' association.
D. Stormwater retention or detention systems serving multiple lots under separate ownership must not
be located on private lots without the necessary easements or on public rights-of-way. Such systems
must be maintained by a property owners’ association or another entity approved by the City.
E. The city may require the developer to establish easements or other perpetual controls to prevent
encroachment or disruption of drainageways or facilities.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
F. Stormwater facilities generally must not occupy more than one-third of a required front setback.
Departures will be considered (per 38.760.050) for stormwater facilities with Low Impact
Development (LID) components, underground components, or exceptional design.
G. All finish grades in landscaped areas must comply with the provisions set forth in 38.540.050.J.
H. Aboveground stormwater retention/detention facilities in landscaped areas must be designed as
landscape amenities. They must be an organic feature with a natural, curvilinear shape. The facilities
must have 75 % of surface area covered with live vegetation appropriate for the depth and design of
the retention/detention facility, and be lined with native grasses, indigenous plants, wet root tolerant
plant types and groupings of boulders to create a functional, yet natural site feature. A cross section
and landscape detail of each facility must be submitted with the final landscape plan for review and
approval. Facilities with a slope up to and including ten % grade may be grassed and irrigated to blend
into the adjacent landscaped area.
I. The City may prohibit crawl spaces or basements when potential impacts of high groundwater or
high groundwater control are found detrimental to stormwater or other water control systems, or to
future users of a site.
J. Ground contours must be provided for the tract or development and to a distance of an additional
100 feet.
K. Utilities should not be located below a retention or detention facility.
sec. 38.410.090. - Fire protection requirements.
A. All developments must be planned, designed, constructed and maintained so as to minimize risk
of fire and to permit the effective and efficient suppression of fires in order to protect persons and
property.
1. The placement of structures must minimize the potential for flame spread and permit adequate
access for firefighting equipment; and
2. Adequate firefighting facilities must be provided, including an adequate and accessible water
supply and water distribution system.
a. National Fire Protection Association (NFPA) standards for hydrant systems must be met.
b. City's requirements as contained in the City of Bozeman Design and Construction Standards
and the City of Bozeman Modifications to Montana Public Works Standard Specifications must
apply.
sec. 38.410.100. - Mail delivery.
If mail delivery will not be to each individual lot within the development, the developer must provide
an off-street area for mail delivery within the development in cooperation with the United States Postal
Service. The city will not be responsible for maintaining or plowing any mail delivery area constructed
within a city right-of-way.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
sec. 38.410.110. - Water adequacy.
A. Subject to subsection B and subsection C, prior to final approval by the review authority of
development occurring under this chapter or chapter 10, the applicant must offset the entire
estimated increase in annual municipal water demand attributable to the development pursuant to
subsection D.
B. Compliance with this section is triggered if the estimated increase in annual municipal water demand
attributable to the development exceeds 0.25 acre-feet after accounting for the following items as
they relate to the development:
1. Current average annual municipal metered water demand;
2. Water demand offsets from a prior payment of cash-in-lieu of water rights;
3. Water demand offsets from a prior transfer of water rights into city ownership, and;
4. Water demand offsets from an existing water adequacy agreement or similarly purposed
document.
C. Compliance with this section is deferred for any of the following developments until the occurrence
of future development if the applicant records a notice of restriction on future development in a form
acceptable to the review authority with the Gallatin County Clerk and Recorder:
1. An annexation that expressly defers this section under an annexation agreement;
2. Individual lots of a subdivision final plat planned for future multiple-household development;
3. Individual lots of a subdivision final plat planned for future commercial, industrial, or institutional
development, or;
4. Future phases of a phased site development.
D. The city will determine the estimated increase in annual municipal water demand attributable to the
development. The applicant must offset the estimated increase in annual municipal water demand
attributable to the development through one or more of the following means:
1. Transfer of water rights into city ownership that are appurtenant to or associated with the land
being developed, or other water rights available from a water bank or similar organzation that
may be available for transfer, that the city determines are adequate to offset all or a portion of the
municipal water demands attributable to the development.
2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce
or offset the estimated annual municipal water demand attributable to the development by one
or more of the following methods:
a. Installation of high efficiency indoor water using fixtures, appliances, and products that
are more water efficient than city-adopted plumbing codes or state or federal minimum
standards.
b. Installation of unirrigated, or minimally irrigated, drought resistant or drought tolerant
landscaping that is more water conserving than the minimum requirements outlined in the
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
most recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual and Chapter 40.
c. Installation of high efficiency or water conserving irrigation componentry that exceeds
the minimum requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual and Chapter 40.
d. Installation of non-potable water supply systems for landscaping irrigation purposes.
e. Other water efficiency and conservation methods brought forward as part of the
development by the applicant that the review authority may at its discretion approve.
3. Payment to the city of cash-in-lieu of water rights for that portion of the estimated annual
municipal water demand attributable to the development that is not offset under 1. or 2. above.
E. The unit cost for payment of cash-in-lieu of water rights will be established by city commission
resolution. The cash-in-lieu of water rights payment amount provided by the applicant under
subsection D.3 must be calculated using the unit cost effective on the date the payment is made to
the city. The director of public works must deposit all payments received under this section, upon
receipt, in the cash-in-lieu of water rights fund.
F. The disposition or transfer of any existing water rights appurtenant to or associated with the lands
upon which development is proposed that are determined by the city to be adequate to offset all
or a portion of the estimated municipal water demands atrributatele to the development must be
consistent with an annexation agreement, condition of approval, or water adequacy agreement, as
applicable.
1. Any other water rights associated with the land that are not transferred to the City, or are not
intended to be put to beneficial use within the development, must either be either severed from
the land or terminated by the water rights owner.
2. A subdivider or other developer must:
a. Reserve all or a portion of the appropriation water rights owned by the owner of the
subject property, transfer the water rights to a single entity for use by landowners within the
subdivision or other development who have a legal right to the water, and reserve and sever
any remaining surface water rights from the land;
b. If the land to be subdivided or otherwise developed is subject to a contract or interest in a
public or private entity formed to provide the use of a water right on the subdivision lots,
establish a landowner's water use agreement that is administered through a single entity
and that specifies administration and the rights and responsibilities of landowners within the
subdivision who have a legal right and access to the water; or
c. Reserve and sever all surface water rights from the land;
d. Prior to severing water rights from the land the subdivider or other developer must consult
with the city on whether the water rights are suitable to meet the requirements of this section.
The city may require transfer of water rights to mitigate impact of development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
G. The city manager must adopt, and may from time to time amend, administrative procedures to
implement this section. The administrative procedures may include, but are not limited to, the
following items:
1. Standards established by the director of utilities to determine the estimated increase in annual
municipal water demand attributable to development.
2. Standards established by the director of utilities to determine water demand offset amounts for
implementation of water efficiency and conservation measures.
3. Standards established by the director of utilities governing the determination of adequacy of
water rights transferred into city ownership and the amount of water demand offsets for an
adequate water rights transfer.
4. Standards established by the director of utilities that establish and govern the use of water
adequacy credits for that portion of demand offsets provided by an applicant that are in excess of
the estimated increase in annual municipal water demand attributable to the development.
5. A process that provides for administrative appeals of determinations made by the review authority
under this section.
6. Standards governing acceptance of water right transfers into city ownership. The standards
may require a water adequacy agreement to be entered into between the city and development
applicant that at a minimum provides for performance guarantees, security against defaults, the
establishment and use of water demand offsets or water adequacy credits, and recordation with
the Gallatin County Clerk and Recorder.
7. Standards that incentivize the transfer of water rights to the city which have the greatest utility to
the city and future development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
Division 38.420. - PARK AND RECREATION
REQUIREMENTS
sec. 38.420.010. - General.
Except as provided in 38.420.020.B, all subdivisions and residential developments subject to 38.740 must
comply with the provisions of this division. The purpose of this division is to comply with MCA 76-25-
404; to advance the city's adopted plans for parks, trails and open space; to provide equal protection
and treatment for different housing types and review processes with similar impacts on demand for
service; to advance public health by encouraging and facilitating physical activity; and to address housing
affordability.
sec. 38.420.020. - Park area requirements.
The requirements of this division are based on the community need for parks and the development
densities identified in the land use plan and this chapter.
A. The area required by this subsection must be provided as a land dedication unless an alternate
method of compliance is approved by the review authority.
1. When the net residential density of development is known, 0.03 acre per dwelling unit of land
must be provided.
a. When the net residential density of development is known at the time of preliminary plat and
net residential density is in excess of eight dwellings per acre, the requirement for dedication
for that density above eight dwellings per acre must be met with a cash donation in-lieu of
the additional land unless specifically determined otherwise by the review authority.
b. If net residential density is in excess of eight dwellings per acre, the requirement for
dedication for that density above eight dwellings per acre must be met with a cash donation
in-lieu.
c. When developed as group quarters, such as group living or community residential facilities,
rather than individual dwelling units, in lieu of 0.03 acres per dwelling unit, an area of 575
square feet per resident must be provided.
d. Land dedication or its equivalent must not be required for any dwelling units or group
quarters occupancy in excess of the following:
(1) For development within the R-A, R-B, R-C, R-D and REMU zoning districts, the maximum
net residential density must be 12 dwelling units or 27 persons in group quarters per acre.
(2) For development within other zoning districts not previously specified and developed
for residential uses, the maximum net residential density must be 12 dwelling units or 27
persons in group quarters per acre.
2. If net residential density of development is unknown, 0.03 acres per dwelling unit must be
provided as follows:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
a. For initial subdivision or other development:
(1) Within the R-A, R-B, R-C, R-D and REMU zoning districts: an area equal to that required
for eight dwelling units or 13.5 persons in group quarters per net acre.
(2) Within other zoning districts which are intended for residential development: the
equivalent to an area dedication for six dwelling units or 13.5 persons in group quarters
per net acre must be provided as cash-in-lieu.
b. For subsequent development when net residential density becomes known, the net residential
density per acre above the minimum established above must be rounded to the nearest
whole number and applied as shown in the following table. All prior provision of parkland for
the project site must count towards the maximum required dedication.
Table 38.420.020-1. Parkland Dedication Provisions
Zoning District Required Dedication
per Dwelling
Maximum Required
Dedication per Acre Cash-in-Lieu Required
R-A, R-B, R-C, R-D and REMU .03 acres or equivalent 12 dwellings Yes
All other districts .03 acres or equivalent 12 dwellings Yes
Required area per
person
Maximum required
dedication per net acre
Group quarters 575 square feet or
equivalent 27 persons Yes
B. Exceptions. Land dedication or its equivalent cash donation in-lieu of land dedication must not be
required for:
1. Land proposed for subdivision into parcels larger than five acres. Development of a parcel larger
than five acres may require parkland dedication pursuant to subsection C.
2. Subdivision into parcels which are all non-residential.
3. A subdivision in which parcels are not created, except when that subdivision provides permanent
multiple spaces for recreational camping vehicles or manufactured homes.
4. A subdivision in which only one additional parcel is being created. Development of the additional
parcel may require parkland dedication pursuant to subsection C.
5. A development for which the required amount of parkland is shown to have already been
provided.
6. Subsection A.2 does not apply to subsequent site development located within major subdivisions
which received preliminary plat approval after July 1, 1973, and which received final plat approval
prior to October 1, 2005.
7. Development creating only one additional dwelling unit or increasing occupancy of group
quarters by no more than four persons.
C. Development of a lot previously exempted from park dedication must be reviewed pursuant to
this article. If the lot is no longer exempt from the park dedication requirement the development is
subject to subsection A above.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
D. To ensure coordination when parks are being created by a multiphase development, the entire
parkland dedication must be accomplished at the time of the initial phase of the development. If
necessary, this may be accomplished through the grant of public access easements during later
phases.
E. The following land is unacceptable for parkland dedication:
1. Required watercourse setbacks unless approved by the review authority for incorporation into the
design of the larger park area.
2. Stormwater retention or detention ponds, unless approved by the review authority and designed
and constructed to the city's adopted standards for joint park/stormwater control use. The city
may accept such land for dedication to the city but must be maintained by the property owners'
association unless and until responsibility is assumed by affirmative action of the city.
3. Land with a grade of 25 % or greater, unless the city commission makes specific findings in its
favor as part of the adoption of a park master plan.
4. Other land such as landslides, rock falls, or subsidence areas, debris deposition areas,
environmentally contaminated areas, and land containing deteriorated structures or other public
or private nuisances, unless the review authority determines the hazards or excessive public
burdens can be eliminated or will be overcome by appropriate design and construction plans.
F. When land offered to the city for dedication as parkland exceeds the amount required, the additional
usable land may be dedicated to the city in the same manner and subject to the same standards as
minimum required areas.
G. Public use. Land donated or dedicated to meet the requirements of this section must be provided
for public use. The developer must execute the appropriate public access easements on privately-
owned common land. The easements must be held by the city. The city's responsibilities for parkland
dedicated by easement must be the same as for fee simple parkland dedication.
sec. 38.420.030. - Cash donation in-lieu of land dedication.
A. The review authority may determine whether the park dedication must be a land dedication, cash
donation in-lieu of land dedication or a combination of both. For the purposes of this section
construction of park improvements above the minimum improvements required by ordinance may
be allowed as a method of cash donation. When making this determination, the review authority
must consider the factors established by resolution of the city commission. The approval authority is
governed by 38.700.010.
B. When a combination of land dedication and cash donation in-lieu of land dedication is required, the
required cash donation may not exceed the proportional amount of the total required mitigation not
covered by the land dedication. Nothing in this section prohibits a developer from offering more than
the required minimum.
C. Cash donation in-lieu of land dedication must be equal to the fair market value of the amount of land
that would have been dedicated. The fair market value is the value of the unsubdivided, unimproved
land after it has been annexed and given a municipal zoning designation.
The city commission may adopt procedures to be used by the director of parks and recreation to
determine the fair market value. The amount of the cash-in-lieu to be provided must equal the city's
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
established fair market value per square foot times the amount of land required to be dedicated. The
city must periodically update the market value as deemed necessary to reflect changes in the price of
land. The valuation used for calculating the amount due will be the valuation in effect at the time an
application for final plat or final plan approval is complete.
1. Alternative. A developer may provide an alternate market valuation which complies with the
following:
a. The developer must provide an appraisal of the fair market value by a certified real estate
appraiser of their choosing and is responsible for the appraisal fee.
b. When a land value must be established for cash-in-lieu of land dedication to satisfy the
requirements of 38.420.020, and the value of the land in an unsubdivided, unimproved, but
annexed and zoned condition cannot be reasonable determined, the developer may provide
an appraisal of residentially zoned property with a zoning designation that allows the density
of dwellings proposed for development.
c. The appraisal provided for the purpose of this alternative must be conducted not sooner than
90 days prior to the submittal of an application for final plat or final site plan approval.
D. Where a cash donation has been accepted in-lieu of land dedication, the amount of cash donation
must be stated on the final plat or plan as appropriate.
E. Where a cash payment or construction of improvements has been accepted in-lieu of land
dedication, the city must record in the meeting minutes or other written decision why the dedication
of land for parks was undesirable.
F. Use of cash donations.
1. The city must use a cash donation for development or acquisition of parks to serve the
development.
2. The city may use the cash donation to acquire or develop parks or recreational areas within its
jurisdiction or for the purchase of public open space or conservation easements, only if:
a. The park, recreational area, open space or conservation easement is within a reasonably close
proximity to the proposed development; and
b. The city commission has formally adopted a citywide park plan that establishes the needs and
procedures for use of the cash donation.
sec. 38.420.040. - Park use.
As part of an individual park master plan, the developer must indicate the proposed use of the park as
active, passive, playground, ball field, etc. However, the final use of the park must be determined by the
review authority.
sec. 38.420.050. - Location.
A. General.
The review authority, in consultation with the developer and parks department may determine
suitable locations for parks and playgrounds. Parkland must be located on land suitable to and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
supportive of the activities and functions depicted in the relevant park plan, and unless the park plan
indicates a requirement for another configuration, should be kept in a large block.
B. Subarea or neighborhood plans.
If a subarea or neighborhood plan has been adopted for the area, the subdivision must comply with
the subarea or neighborhood plan for the location of parks.
sec. 38.420.060. - Frontage.
A. Parkland, excluding linear trail corridors, must have frontage along 100 % of its perimeter on public or
private streets or roads. The city may consider and approve the installation of streets along less than
100 %, but not less than 50 %, of the perimeter when:
1. Necessary due to topography, the presence of critical lands, or similar site constraints; and/or
2. When the following elements are included:
a. When direct pedestrian access is provided to the perimeters without street frontage;
b. When additional land area is provided in the park to accommodate the off-street parking
which would have otherwise been provided by the additional length of perimeter streets and
the additional land is developed as a parking area; or
c. When additional land area is provided in the park to accommodate the off-street parking
which would have been provided by the additional length of perimeter streets and, in lieu of
the constructed parking area, an equivalent dollar value of non-parking improvements within
the park are provided according to the individual park plan.
Figure 38.420.060-1. Acceptable park frontages.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
sec. 38.420.070. - Linear parks.
A. General.
If consistent with the land use plan or citywide park plan, and if reviewed and approved by the review
authority, linear parks must be dedicated to the city to provide corridors for recreation pathways as
defined in 38.420.100.
1. Pathway corridors within required watercourse setbacks must not be dedicated to the city as
linear parks and such land may not be used to satisfy parkland dedication requirements. Instead,
cash donation in-lieu of land dedication credit must be granted only for the cost of constructing
Class II or III recreational trails if public access is provided. The developer must provide a detailed
cost estimate for installation of the trail, for review and acceptance by the city, to determine the
cash donation credit.
a. Within required watercourse setbacks, a public access easement that is at least 25 feet in
width must be provided to ensure adequate room for the construction, maintenance and use
of the trail.
B. Width.
To ensure adequate room for pathway construction, maintenance and use, linear parks must be at
least 25 feet in width.
C. Maintenance.
These areas must be maintained in accordance with 38.420.100.E until an alternative method (e.g., a
citywide parks maintenance district) of funding and maintaining the linear park is established.
sec. 38.420.080. - Park development.
A. General.
Developers must consult any adopted citywide park plan, and with the parks department which
implements the plan, determine the types of parks needed for the proposed development and
surrounding area. Parks must be developed in accordance with the citywide park plan and any
approved park master plan. At a minimum, all parks must be improved to the following standards by
the developer, prior to final plat or final occupancy approval as appropriate:
1. Minimum required improvements to land dedications.
The developer must level any park area, amend the soil, seed disturbed areas to allow mowing
with turf type mowers, and install an underground irrigation system in compliance with city
standards and specifications, unless otherwise provided in an approved Park Master Plan.
a. Parks must contain drought tolerant landscaping unless otherwise provided in an approved
park master plan.
2. Irrigation.
Parks must have an irrigation water supply that is legally and physically adequate to meet the
irrigation water demands of the park landscape. The developer must ensure the city obtains legal
ownership of any irrigation water rights used to irrigate parks.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
a. Wells may be used to irrigate parkland subject to 38.540.080.
b. Existing irrigation water rights appurtenant to parkland may be used for irrigation subject to
city review and approval.
c. The city’s municipal water supply may be used for irrigation of parkland, but only if wells and
existing irrigation water rights are inadequate to meet the water demands of the parkland.
B. Boundaries.
The park boundary bordering all private lots must be delineated at the common private/public
corner pins, with flat, flexible fiberglass posts, a minimum of six feet in length with no less than
two feet driven into the ground. Each post must be labeled with a permanent glued on sign stating
"Park Boundary" or "Property Boundary." Other forms of boundary marking may be approved by the
planning or other appropriate department.
C. Sidewalks.
Sidewalks, when required within the development, must be installed by the developer at points where
the park borders or crosses public or private streets.
D. Stormwater detention/retention ponds.
Stormwater retention or detention ponds may be located within public parkland, but such areas must
not count towards the parkland dedication requirement unless the stormwater ponds on parkland are
designed, constructed and/or added to so as to be conducive to the normal use and maintenance
of the park. Stormwater ponds serving multiple lots in separate ownership must not be located on
private lots or public rights-of-way. Stormwater retention or detention ponds must be maintained by
the property owners' association.
E. Clean up required.
All fencing material, construction debris and other trash must be removed from the park area.
sec. 38.420.090. - Waiver of required park dedication.
A. The review authority may waive the park dedication or cash donation in-lieu of land dedication
requirement if land equal to or exceeding the area of the dedication otherwise required by this
division is set aside by one of the following means:
1. The proposed development provides: long-term protection of critical wildlife habitat; cultural,
historical, archaeological or natural resources; agricultural interests; or aesthetic values.
2. The proposed development provides for land permanently set aside for park and recreational uses
sufficient to meet the needs of the persons who will ultimately reside in the development.
3. The development is a land subdivision created by rent or lease (i.e., manufactured housing
communities and recreational vehicle parks) with land permanently set aside for parks or
playgrounds within the subdivision for rent or lease for the common use of the residents of the
development.
a. These park or playground areas must be maintained by the property owners' association.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
4. The developer provides for land outside of the subdivision to be set aside for park and recreational
uses sufficient to meet the needs of the persons who will ultimately reside in the subdivision.
a. The land being developed must be within the service area, as designated by an adopted
citywide park plan, of the dedicated parkland; and
b. The developer must dedicate the off-site parkland to the city; or
c. The developer must execute the appropriate public access easements on privately-owned
land. The easements must be held by the city. The city's responsibilities for parkland dedicated
by easement must be the same as for fee simple parkland dedication.
5. The developer provides land outside the development that affords long-term protection of critical
wildlife habitat; cultural, historical, archaeological or natural resources; agricultural interests; or
aesthetic values; and the area of the land to be subject to long-term protection equals or exceeds
the area of the dedication otherwise required by this division.
6. A subdivider dedicates land to School District 7 to provide some or all of the land area required by
38.420.020. The area dedicated to the school district may be used for school facilities or buildings,
including but not limited to playgrounds or other recreational facilities. Any dedication to the
school district must be subject to the approval of the review authority and acceptance by the
board of trustees of School District 7.
a. In approving a dedication of land to the school district the review authority must make
affirmative findings that:
(1) Adequate public parkland already exists within the vicinity of the dedicating subdivision to
meet service standards established by the city's parks master plan;
(2) The land is located within the city limits or within one mile of city limits;
(3) The school district has established a issue plan to demonstrate how the dedicated
property will be utilized;
(4) The school district's issue plan must describe any coordination intended for joint use of
the property by the school district and the city; and
(5) The option for cash-in-lieu of land described in 38.420.030 must not be used in place of
a land dedication to the school district.
b. It must be noted in a certificate on the plat and in any deed to the land that if School District
7 later chooses to dispose of the property, it must revert to the city to be used for park
purposes. The land must be transferred to the city from School District 7 with clear title and in
a condition meeting the minimum development standards for parks established in 38.420.080.
7. If a tract of land is being developed under single ownership as a part of an overall plan, and part
of the tract has previously been subdivided or developed, and sufficient parkland dedication
or cash donation in-lieu of land dedication has been provided from the area that has been
previously subdivided or developed to meet the requirements of this section for the entire tract
being developed, the city commission must issue an order waiving the land dedication and cash
donation requirements for the subsequently developed area.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
B. 38.420.020 requires mitigation of recreational impacts, usually by dedication of land for parks.
Under defined circumstances in this section the required dedication may be waived. However, the
underlying issue of mitigating recreational impacts must be addressed. If an application provides one
or more of the alternatives under subsection A above, then the required mitigation has been partially
provided. To complete the mitigation, the alternative to land dedication must allow public access.
The developer must execute the appropriate public access easements in a form acceptable to the city
attorney prior to final approval of the development. The easements must be held by the city.
sec. 38.420.100. - Recreation pathways.
A. General.
Developers must install pathways in accordance with this chapter, the land use plan, the most
recently adopted long-range transportation plan, any adopted citywide park plan, and any adopted
individual park master plan, and must comply with City of Bozeman Design Specifications.
B. Pathway categories.
The development review committee (DRC) is responsible for determining whether a pathway is a
transportation pathway or a recreation pathway. For subdivision proposals, this determination must
be made during the pre-application process.
1. Recreation pathways.
The review authority may require developers to install recreation pathways and/or to provide
recreational and physical fitness opportunities within the development as part of the required
development improvements. Recreation pathways include the following:
a. Pathways that do not connect major residential, employment, educational or service nodes;
b. Pathways that connect parks, but do not connect major residential, employment, educational
or service nodes;
c. Pathways that are not ADA accessible due to topography;
d. Pathways located within parks; and
e. Class II and III trails.
2. Transportation pathways.
For the definition of transportation pathways, see 38.400.110.
C. Related facilities.
If pathways are proposed or required, stream crossings and other similar improvements, where
necessary, must be installed. Bridge design and construction must comply with city specifications
and standards, and must be submitted to the community development department for review and
approval. Any necessary permits for bridges must be obtained by the developer from the appropriate
agency prior to installation of the stream crossings.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 4-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 4 - COMMUNITY DESIGN
D. Trail requirements.
The class of the trail must be determined by the review authority and the trail must be designed
and constructed according to any adopted park or recreation plan or other city specifications
and standards. Trails and bridges must meet Americans with Disabilities Act (ADA) specifications
for recreational facilities and maintain a natural appearance. Trail plans and specifications must be
submitted to the planning and parks departments for review and approval prior to installation.
E. Pathway maintenance.
Recreation pathways within the proposed development must be maintained, in conformance with an
approved maintenance plan, by the developer until 50 % of the lots or condominium units are sold.
Thereafter the property owners' association is responsible for maintenance. The property owners'
association may establish an improvement district to collect assessments to pay for the maintenance.
F. Pathway easements.
Where pathways cross private land or common open space, the proper public access easements
must be provided. Public access easements for pathways must be at least 25 feet wide.
G. Linear parks.
Corridors for recreation pathways may be dedicated to the city in accordance with 38.420.070.
H. Park and pathway development frontages.
All developments adjacent to existing or planned trails or parks are subject to the standards of
38.400.080.B.
Figure 38.420.100-1. Acceptable park and pathway development frontages.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20254-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 5. -
PROJECT DESIGN
DIVISION 38.500. - INTRODUCTION .........................................................................................5-4
Sec. 38.500.010. - Purpose.............................................................................................................................5-4
Sec. 38.500.020. - Applicability and compliance. .....................................................................................5-4
DIVISION 38.510. - SITE PLANNING AND DESIGN ELEMENTS ...............................................5-7
Sec. 38.510.010. - Purpose. .............................................................................................................................5-7
Sec. 38.510.020. - Applicability and compliance. .......................................................................................5-7
Sec. 38.510.030. - Relationship to adjacent properties. ............................................................................5-7
Sec. 38.510.040. - Non-motorized circulation and design. ....................................................................5-9
Sec. 38.510.050. - Vehicular circulation and parking. ..............................................................................5-14
Sec. 38.510.060. - Location and design of service areas and mechanical equipment. ..................5-16
DIVISION 38.520. - BUILDING DESIGN .....................................................................................5-21
Sec. 38.520.010. - Purpose. ...........................................................................................................................5-21
Sec. 38.520.020. - Applicability and compliance. .....................................................................................5-21
Sec. 38.520.030. - Building character. ........................................................................................................5-21
Sec. 38.520.040. - Building massing and articulation. ............................................................................5-21
Sec. 38.520.050. - Building details. .............................................................................................................5-25
Sec. 38.520.060. - Building materials. ........................................................................................................5-27
Sec. 38.520.070. - Special residential frontages. .....................................................................................5-30
Sec. 38.520.080. - Structured parking facilities. ......................................................................................5-31
DIVISION 38.530. - PARKING .....................................................................................................5-33
Sec. 38.530.010. - General provisions. .......................................................................................................5-33
Sec. 38.530.020. - Stall, aisle and driveway design. ................................................................................5-34
Sec. 38.530.030. - Maintenance of parking areas. ..................................................................................5-38
Sec. 38.530.040. - Number of vehicle parking spaces required. .........................................................5-38
Sec. 38.530.050. - Joint use of parking facilities. ....................................................................................5-47
Sec. 38.530.060. - Off-site parking. ...........................................................................................................5-48
Sec. 38.530.070. - Number of bicycle parking spaces required. ..........................................................5-48
Sec. 38.530.080. - Off-street loading berth requirements. ...................................................................5-52
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.540. - LANDSCAPING ..........................................................................................5-53
Sec. 38.540.010. - Purpose. ..........................................................................................................................5-53
Sec. 38.540.020. - Applicability, implementation, and scope; adoption of Manual. .......................5-53
Sec. 38.540.030. - General landscape and irrigation provisions ..........................................................5-54
Sec. 38.540.040. - Landscape and irrigation plan review. .....................................................................5-54
Sec. 38.540.050. - Mandatory landscape and irrigation provisions. ....................................................5-54
Sec. 38.540.060. - Landscape and irrigation performance and design standards. .........................5-60
Sec. 38.540.070. - Fences, walls and hedges. ..........................................................................................5-60
Sec. 38.540.080. - Landscaping and irrigation of public lands.............................................................5-62
Sec. 38.540.090. - Departure from landscape and irrigation requirements. .....................................5-63
Sec. 38.540.100. - Landscape and irrigation completion. .....................................................................5-63
Sec. 38.540.110. - General maintenance. ..................................................................................................5-63
DIVISION 38.550. - SIGNS ...........................................................................................................5-65
Sec. 38.550.010. - Findings and purpose. .................................................................................................5-65
Sec. 38.550.020. - Sign permit requirements. ..........................................................................................5-66
Sec. 38.550.030. - Prohibited signs. ...........................................................................................................5-66
Sec. 38.550.040. - Temporary signs; permit required. ...........................................................................5-67
Sec. 38.550.050. - Signs exempt from permit requirements. ...............................................................5-67
Sec. 38.550.060. - Signs permitted upon the issuance of a sign permit. ...........................................5-69
Sec. 38.550.070. - Wayfinding signage. .....................................................................................................5-74
Sec. 38.550.080. - Comprehensive sign plan. ..........................................................................................5-76
Sec. 38.550.090. - Multi-tenant complexes with < 100,000 SF of ground floor area. .....................5-77
Sec. 38.550.100. - Multi-tenant complexes with > 100,000 SF of ground floor area. .....................5-77
Sec. 38.550.110. - Indoor shopping mall complexes with > 100,000 SF of ground floor area. .....5-77
Sec. 38.550.120. - Illumination. ...................................................................................................................5-78
Sec. 38.550.130. - Street vision triangles. ..................................................................................................5-78
Sec. 38.550.140. - Required address signs. ...............................................................................................5-78
Sec. 38.550.150. - Billboards and other off-premises advertising. ......................................................5-78
Sec. 38.550.160. - Signs erected in conjunction with nonprofit activities on public property. .....5-79
Sec. 38.550.170. - Historic or culturally significant signs. ......................................................................5-79
Sec. 38.550.180. - Application. ....................................................................................................................5-80
Sec. 38.550.190. - Maintenance of permitted signs. ...............................................................................5-80
Sec. 38.550.200. - Nonconforming signs. ................................................................................................5-81
Sec. 38.550.210. - Substitution. ...................................................................................................................5-81
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.560. - LIGHTING ...................................................................................................5-82
Sec. 38.560.010. - Purpose. ..........................................................................................................................5-82
Sec. 38.560.020. - General. ..........................................................................................................................5-82
Sec. 38.560.030. - Street lighting. ...............................................................................................................5-83
Sec. 38.560.040. - Site lighting. ...................................................................................................................5-83
Sec. 38.560.050. - Sports and athletic field lighting. ..............................................................................5-86
Sec. 38.560.060. - Lighting specifications for all lighting. .....................................................................5-86
Sec. 38.560.070. - Historic lighting.............................................................................................................5-86
Sec. 38.560.080. - Post installation inspection. .......................................................................................5-87
Sec. 38.560.090. - Compliance monitoring. ............................................................................................5-87
Sec. 38.560.100. - Nuisance glare and inadequate illumination levels. ..............................................5-87
Sec. 38.560.110. - Nonconforming lighting. .............................................................................................5-87
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.500. - INTRODUCTION
sec. 38.500.010. - Purpose.
This article implements the Bozeman's land use plan. Overall, this article:
A. Provides clear objectives for those embarking on the planning and design of development projects in
Bozeman;
B. Preserves and protects the public health, safety, and welfare of the citizens of Bozeman;
C. Ensures that new commercial and multi-household development is of high quality and beneficially
contributes to Bozeman's character;
D. Ensures that new developments within existing neighborhoods are compatible with, and enhance the
character of Bozeman's neighborhoods;
E. Promotes an increase in walking and bicycling throughout the City;
F. Enhances the livability of Bozeman's residential developments;
G. Maintains and enhances property values within Bozeman.
sec. 38.500.020. - Applicability and compliance.
The provisions in this article apply to development. However, since each division within it addresses
different design and development elements, the applicability of each division is clarified at the beginning
of the division. For instance, some divisions may only apply to new commercial and multi-household
development, while individual sections in 38.530 only apply to specific housing types.
A. Relationship to other codes and documents.
Where provisions of this article conflict with provisions in any other section of the UDC, this article
prevails unless otherwise noted. Relationship with other notable design provisions and guidelines:
1. For sites within the city's established neighborhood conservation overlay district (NCOD), the
provisions of 38.240.020 supersede the provisions of this article. However, the review authority
may apply the provisions of this article in the event of a conflict, where the review authority
determines that the provisions of this division help new development better meet the purpose of
the NCOD per 38.240.020.
2. The community development director may create and maintain examples of best practices to
implement the standards of this chapter to assist citizens and design professionals by providing
illustrative examples of the purpose of the city's guidelines and regulations but the examples are
not a regulation.
B. Thresholds for application of standards.
For building additions and remodels, three different thresholds have been established to gauge how
the project design standards in this article are applied to such projects. See Figure 38.500.020 below
for examples of site development and the respective types of improvements required under each of
the three levels of improvements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
1. Level I Improvements include all exterior remodels, building additions, and/or site improvements
commenced within a three-year period (based on the date of permit issuance) that affect the
exterior appearance of the building/site and/or increase the building's area by up to 20 %. The
requirement for such improvements is that the proposed improvements meet the standards and
do not lead to further nonconformance with the standards. For example, if a property owner
decides to replace a building facade's siding, then the siding must meet the applicable exterior
building material standards, but elements such as building articulation (see 38.520.040) would not
be required.
2. Level II Improvements include all improvements commenced within a three-year period (based
on the date of permit issuance) that increase the building’s area by more than 20 %, but not
greater than 50 %. All standards that do not involve repositioning the building or reconfiguring
site development apply to Level II Improvements. For example, if a property owner of an existing
home in the B-2 zoning district wants to convert the home to an office and build an addition
equaling 45 % of the current building’s area, then the following requirements apply:
a. The location and design of the addition/remodel must be consistent with the standards of the
applicable zoning district in article 2, which address building frontages, entries, and parking lot
location, and the front setback landscaping standards of 38.540.050. For such developments
seeking additions to buildings where off-street parking location currently does not comply
with applicable parking location standards, building additions are allowed, provided they
do not increase any current nonconformity and generally bring the project closer into
conformance with the standards (see 38.530).
b. Compliance with applicable site planning and design elements (38.510).
c. Compliance with all building design provisions of 38.520, except architectural scale and
materials provisions related to the existing portion of the building where no exterior changes
are proposed. The entire building must comply with building elements/details and materials
standards of 38.520.050 and 38.520.060, and blank wall treatment standards of 38.260.140.B.
d. Compliance with the off-street parking, signage, and lighting provisions of 38.530, 38.540,
38.550, and 38.560 that relate to proposed improvements.
e. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
3. Level III Improvements include all improvements commenced within a three-year period (based
on the date of permit issuance) that increase the building's area by more than 50 %. Such
developments must conform to all applicable standards. Site improvements are addressed in
38.740.130 and 38.740.140.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Figure 38.500.020-1. Examples of site development and the respective types of improvements required
under each of the three levels of improvements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.510. - SITE PLANNING AND
DESIGN ELEMENTS
sec. 38.510.010. - Purpose.
A. Preserve and protect the public health, safety, and welfare of the citizens of Bozeman.
B. To promote thoughtful layout of buildings, parking areas, and circulation, service, landscaping, and
amenity elements that enhances Bozeman's visual character, promotes compatibility between
developments and uses, and enhances the function of developments.
C. Also see the individual "purpose" statements for each section in this division.
sec. 38.510.020. - Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single-, two-, three-, and
four-unit dwellings, townhouses, and rowhouses with four or fewer dwelling units on individual lots. The
excepted dwellings are subject to the form and intensity standards in article 2. Also:
A. For clarification on the relationship between the provisions in this division and other documents and
codes, see 38.500.020.A.
B. For the application to building additions, remodels see 38.500.020.B.
C. For clarification on how the provisions of this division are applied to site improvements, see
38.740.120, 38.740.130, and 38.740.140.
D. The review authority may waive or relax these provisions in the industrial zones depending on
the type of use, number of anticipated employees and customers, and the site's physical context.
A greater number of employees and/or customers and higher visibility levels warrant a greater
application of building design standards.
sec. 38.510.030. - Relationship to adjacent properties.
A. Purpose.
1. To promote functional and visual compatibility between developments.
2. To protect the privacy of residents on adjacent properties.
B. Balconies alongside and rear property lines adjacent to residentially zoned properties.
Balconies or rooftop decks within 15 horizontal feet of a side property line abutting a residentially
zoned property must feature a railing system that is at least 50 % opaque. Specifically, 50 % of the
area below the railing must be a sight-obscuring structure.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Figure 38.510.030-1. Privacy standards for balconies within 15 feet of side
or rear property lines.
Departures from this standard will be allowed if the balcony will not cause visual or privacy impacts due
to its location, orientation, design or other consideration.
C. Light and air access and privacy alongside and rear property lines.
Buildings or portions thereof containing multi-household dwelling units whose only solar access
(windows) is from the applicable side of the building (facing towards the side property line) must be
set back from the applicable side or rear property lines at least 15 feet. See Figure 38.520.030-1 and
Figure 38.520.030-2. Departures will be allowed where it's determined that, based on the unique site
context, the proposed design won't create a compatibility problem in the near or long term.
Figure 38.510.030-2. Light and air access and privacy
standards for multi-household residential buildings
alongside/rear property lines.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.510.040. - Non-motorized circulation and design.
A. Purpose.
1. To improve the pedestrian and bicycling environment by making it easier, safer, and more
comfortable to walk or ride among residences, to businesses, to the street sidewalk, to transit
stops, through parking lots, to adjacent properties, and connections throughout the city.
2. To enhance access to on- and off-site areas and pedestrian and bicycle infrastructure.
B. Access to sidewalk.
All buildings must feature pedestrian connections to a sidewalk. See subsection D below for access
design requirements.
C.
Figure 38.510.040-1. Examples of direct pedestrian access to buildings
from the street.
Internal circulation.
1. For sites with multiple buildings, pedestrian paths or walkways connecting businesses and
residential entries on the same development site must be provided. Routes that minimize walking
distances must be utilized to the extent practical. Departures will be allowed where steep slopes
prevent a direct connection or where an indirect route would enhance the design and/or use of a
common usable open space. See subsection D below for walkway design standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
2.
Figure 38.510.040-2. Internal and external pedestrian connections are
important.
Sites with residential units. Provide direct pedestrian access between all ground related unit
entries and a public street or to a clearly marked pathway network or open space that has direct
access to a public street. Residential developments must provide a pedestrian circulation network
that connects all main entrances on the site to other areas of the site, such as:
a. Parking areas;
b. Recreational areas;
c. Common outdoor areas; and
d. Any pedestrian amenities;
For townhouses or other residential units fronting the street, the sidewalk may be used to meet
this standard.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Figure 38.510.040-3. Direct pathways between the street and dwelling
units are required.
3.
Figure 38.510.040-4. Examples of attractive pathway connection through a
residential development.
Crosswalks are required when a walkway crosses an on-site paved area accessible to vehicles.
Crosswalks must contain contrasting material (such as concrete) and/or patterns (such as
stamped asphalt), excluding painted surfaces.
4. Pedestrian paths through parking lots. Developments must provide specially marked or paved
sidewalks through parking areas. At least one walkway must be provided every four rows of
parking or at a maximum spacing of 200 feet. The pathways must provide a safe connection to
the building entrance and meet the pathway design standards set forth in subsection D below.
See examples below.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
5.
Figure 38.510.040-5. Parking area pathway standards and examples.
Connections to adjacent properties (including parks and trails). Provide pathways that connect to
adjacent properties, except in one of the following circumstances:
a. When adjacent properties are residential developments of fewer than five dwelling units.
b. Departures are permitted where it is determined that internal connections aren't necessary
due to shallow lot depths, steep slopes, or other contextual challenges.
6. Barriers that limit future pedestrian access are prohibited. Gates that limit access to employees
are permitted. See subsection D below for walkway design standards.
7. Provide easements for non-motorized access to facilitate the future extension of paths when
adjoining properties are improved.
D. Pathway design.
1. All internal pathways must have a minimum five-foot-wide unobstructed surface, except where
wider pathways are prescribed in this division or where the applicable uses and context dictate
wider pathways.
2. Where a pathway is adjacent to perpendicular or angled parking, an extra two feet of walkway
width must be provided to mitigate for parked vehicles overhanging the walkway.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
3. Pathways must be separated from structures by at least three feet of landscaping except where
the adjacent building facade is a storefront. Departures are permitted for other landscaping and/
or facade design treatments to provide attractive pathways will be considered. Examples include
sculptural, mosaic, bas-relief artwork, or other decorative treatments that meet the purpose.
Figure 38.510.040-6. below provides one example.
4.
Figure 38.510.040-6. Standards for internal walkways adjacent to buildings.
Pathway design where multi-tenant commercial or mixed-use buildings 100 feet or more in
length abut parking lots. Such pathways must feature a 12-foot wide sidewalk with:
a. Eight feet minimum unobstructed width;
b. Trees, as approved by the review authority, placed at an average of 50 feet on-center and
placed in grates or in planting strips as set forth in subsection c. below. Departures are
permitted for breaks in the tree coverage near major building entries to enhance visibility;
c. Planting strips may be used between any vehicle access or parking area and the pathway,
provided that the trees required above are included and the pathway meets the applicable
width standards herein, and the combined pathway and planting strip is at least 12 feet wide.
Landscaping and irrigation in planting strips are required to follow standards in 38.540.
Figure 38.510.040-7. Example of a successful pedestrian sidewalk
between parking lot and storefront.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
d. Light pathways in accordance with 38.560;
e. See also 38.510.050.D, internal roadway design;
f. Hard surface.
sec. 38.510.050. - Vehicular circulation and parking.
The standards herein supplement the provisions of 38.400 and 38.530. Where there is a conflict, these
provisions apply.
A. Purpose.
1. To create a safe, convenient, and efficient network for vehicle circulation and parking.
2. To enhance the visual character of interior access roads.
3. To minimize conflicts with pedestrian circulation and activity.
B. Driveway provisions.
Drive aisles must meet the standards set forth in 38.400.090. Supplemental provisions:
Minimize parking lot entrances, drive aisles, and other vehicle access routes onto private property
from a public right-of-way through the following means:
1. Driveway lanes crossing a public sidewalk must be no wider than the minimum required per entry
or exit lane. The city may impose additional restrictions to parking lot and vehicle access points
to reduce impacts to public safety, pedestrian movement, on-street vehicle circulation, and visual
qualities.
2. Minimize the number of driveway entrances. Comply with the provisions of 38.400.090.
3. The review authority may require joint drive aisles serving adjacent developments when joint
access is physically and legally available.
4. Minimize conflicts between entries and vehicle parking and maneuvering areas.
5. At sites of street intersections, drive aisles must be located on the lowest classified roadway and
as close as practical to the property line most distant from the intersection, unless the review
authority finds there is a compelling reason to the contrary.
C. Inter-site connectivity.
The provision of through vehicle access connections between commercially or non-residentially
zoned properties is required except where the review authority determines it is unfeasible or
undesirable (e.g., where it is determined that such a vehicle connection would impact safe pedestrian
movement). See 38.410.040 for specific block standards. Vehicle access may be in the form of a
dedicated or private alley, connected or shared parking lots, shared drive aisles, or similar features.
D. Internal roadway design.
1. To increase the function and appearance of internal roadways on large sites (greater than two
acres), street trees and sidewalks must be provided on all internal access roadways, except
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
access roads designed solely for the purpose of service (e.g. waste pick-up) and loading. Internal
roadway design is subject to 38.540.050.D.5.
2. In some instances where traffic speed and volume are low, the review authority may approve
a street where vehicle, bicycle and pedestrian movement are mixed such as in a "woonerf" or
"shared street." Woonerf streets must feature traffic calming and safety measures as well as
landscape, irrigation, and amenity features as determined by the review authority.
3.
Figure 38.510.050-1. Good internal roadway examples.
Drive-through facilities. Where allowed, drive through facilities (e.g., drive-up windows) must
comply with the following.
a. Drive-through lanes, including waiting and holding lanes, must be separated from public view
and internal sidewalks by a planting strip (at least five feet wide with continuous plantings
of evergreen shrubs and/or trees that will provide continuous evergreen screen at least four
feet tall at maturity) and/or a masonry wall at least three feet high. Alternative landscaping
schemes may be approved provided they include the masonry wall and a substantial
vegetative screen. The landscaping must comply with 38.540.
b. Drive-through lanes must not restrict pedestrian access between a public sidewalk and on-
site buildings. Walkways must not be located within required stacking space as set forth in
38.530.020.M.
c. Also see 38.320.090.C and 38.530.020.M for related standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.510.060. - Location and design of service areas and mechanical
equipment.
A. Purpose.
1. To minimize adverse visual, odor, and noise impacts of mechanical equipment, utility cabinets and
service areas at ground and roof levels.
2. To provide adequate, durable, well-maintained, and accessible service and equipment areas.
3. To protect residential uses and adjacent properties from impacts due to location and utilization of
service areas.
B. Location of ground related service areas and mechanical equipment.
1. Service areas (loading docks, trash dumpsters, compactors, recycling areas, electrical panels,
and mechanical equipment areas) must be located for convenient service access while avoiding
negative visual, auditory, olfactory, or physical impacts on the streetscape environment and
adjacent residentially zoned properties. Service areas must be sited for alley access if available.
The review authority may require evidence that such elements will not significantly impact
neighboring properties or public areas. (For example, the review authority may require noise
damping specifications for fans near residential zones.)
2. Exterior loading areas. Exterior loading areas for commercial uses must not be located within 20
feet of a residentially zoned property unless the review authority finds such a restriction does not
allow feasible development, and alternative design measures can successfully mitigate potential
negative impacts. For example, areas and drives may be required by the review authority to be
separated from the residential lot by a masonry wall at least eight feet high.
3. Service areas must not be visible from the sidewalk and adjacent properties. Where the review
authority finds that the only option for locating a service area is an area visible from a public
right-of-way, internal pathway or pedestrian area, or from an adjacent property, the area may
be required to be screened with structural and landscaping screening measures provided in
subsection C below and 38.540. Service elements accessible from an alley are exempt from
screening requirements.
4. Design for safety. Other provisions of this section notwithstanding, service areas used by residents
must be located to avoid entrapment areas and other conditions where personal security is
potentially a problem. The review authority may require pedestrian-scaled lighting or other
measures to enhance security.
5. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc., to
minimize sounds and reduce impacts to adjacent residentially zoned properties.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C.
Figure 38.510.060-1. Service element location.
Screening of ground related service areas and mechanical equipment.
1. Where screening of ground level service areas is required (see subsection B above), the following
applies:
a. A structural enclosure must be constructed of masonry, heavy-gauge metal, or decay-
resistant material that is also used with the architecture of the main building. The review
authority may allow materials other than those used for the main building if the finishes are
similar in color and texture or if the proposed enclosure materials are more durable than
those for the main structure. The walls must be sufficient to provide full screening from the
affected roadway, pedestrian areas or adjacent use. The enclosure may use overlapping walls
to screen dumpsters and other materials (see Figure 38.510.060-2 below);
b. Gates must be made of heavy-gauge, site-obscuring material. Chain link or chain link with
slats is not an acceptable material for enclosures or gates;
c. Where the inside of service enclosures is visible from surrounding streets, pathways, and
buildings, an opaque or semi-opaque horizontal cover or screen must be used to mitigate
unsightly views. The horizontal screen/cover should be integrated into the enclosure design
and compatible with adjacent development;
d. Collection points must be located and configured so the enclosure gate swing does not
obstruct pedestrian or vehicular traffic. Ensure that screening elements allow for efficient
service delivery and removal operations.
e. The service area must be paved.
D. Departures
Departures to the provisions of subsection B.1, subsection B.2, and subsection B.3 above will be
considered per 38.760.060 provided the enclosure and landscaping treatments provide an equivalent
degree of screening and add visual interest to site users.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
E.
Figure 38.510.060-2. Acceptable screening enclosures.
Utility meters, electrical conduit, and other service utility apparatus.
These elements must be located and/or designed to minimize their visibility to the public. Project
designers are strongly encouraged to coordinate with applicable service providers early in the design
process to determine the best approach in meeting these standards. If such elements are mounted in
a location visible from the street, pedestrian pathway, shared open space, or shared auto courtyards,
they must be screened with vegetation and/or integrated into the building's architecture except for
fire protection system devices and equipment (FDC-fire department connection, Horn/Strobe device).
Per adopted fire code these must not be obscured and have a sidewalk/landing to public way.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
F.
Figure 38.510.060-3. Utility meter location and screening—Good and bad
examples.
Location and screening of roof and wall mounted mechanical equipment.
1. All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar
equipment must be fully screened from public view at grade with the exception of solar panels
and roof-mounted wind turbines. Screening must be located so as not to interfere with operation
of the equipment. Equipment set back from the roof edge by twice the height of the equipment
has met the screening standard without further physical screening.
2. For rooftop equipment, all screening devices must be well integrated into the architectural design
through such elements as parapet walls, false roofs, roof wells, clerestories, or equipment rooms.
Screening walls or unit-mounted screening is allowed but less desirable. Wood must not be used
for screens or enclosures. Louvered designs are acceptable if consistent with building design
style. Perforated metal is not permitted.
3. The screening materials must be of material requiring minimal maintenance, and must be as high
as the equipment being screened.
4. Locate and shield noise producing mechanical equipment such as fans, heat pumps, etc. to
minimize sounds and reduce impacts to adjacent properties.
5. Wall mounted mechanical equipment must not be located adjacent to outdoor amenity spaces
used to meet the requirements of this section or 38.260.040.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Figure 38.510.060-4. Examples of how to screen roof-mounted mechanical
equipment.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.520. - BUILDING DESIGN
sec. 38.520.010. - Purpose.
See the individual "purpose" statements for each section in this division.
sec. 38.520.020. - Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single-, two-, three-, and
four-unit dwellings on individual lots unless otherwise noted. Specifically:
A. For clarification on the relationship between the provisions in this division and other documents and
codes, see 38.500.020.A.
B. For the application of building additions and remodels and site improvements, see 38.500.020.B.
C. For clarification on how the provisions of this division are applied, see 38.500.020.
D. The review authority may waive or relax these provisions in the industrial zones depending on
the type of use, number of anticipated employees and customers, and the site's physical context.
The greater number of employees and/or customers and higher visibility levels warrant a greater
application of building design standards.
sec. 38.520.030. - Building character.
A. Purpose.
1. To promote regionally appropriate architecture that is based on human scaled design details,
durable high quality materials, sustainable design measures, and that responds uniquely to the
site's context.
2. To emphasize high quality design in Bozeman's built environment.
3. To avoid generic, corporate architectural designs that are not readily reusable or convert to
another use that lessens the character and identity of Bozeman. For example, some franchise
convenience uses have very specific architectural features (such as a distinctive roofline design
that functions as a sign) that reinforce their identity.
B. Building character standards and guidelines.
Developments within the Neighborhood Conservation Overlay District (NCOD) are subject to
38.240.020.
sec. 38.520.040. - Building massing and articulation.
A. Purpose.
1. To articulate building elements in order to achieve an appropriate perceived scale and add visual
interest.
2. To create clear and welcoming building entries.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
B. Non-residential facade articulation.
Storefronts and other buildings with non-residential uses on the ground level must include a
minimum of three of the following articulation features every 60 feet (maximum) to create a human
scaled facade pattern:
1. Windows.
2. Entries.
3. Use of weather protection features.
4. Use of structural expression.
5. Change in roofline per subsection F below.
6. Change in building material or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints or
an integrated trim pattern.
8. Other design techniques that effectively reinforce a human-scaled pattern compatible with the
building's surrounding context.
9. Providing vertical elements such as a trellis with plants, green wall, art element.
10. Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline
per subsection F below or a change in building material, siding style, or color.
11. Exceptions:
a. Only two articulation features are required on building facades in the B-P district;
b. Only one articulation feature is required on building facades in the M-1 district;
c. Buildings in the M-2 district are exempt from these standards.
d. Building walls facing alleys, rear or side yards are not subject to the facade articulation
standards, except for zone edge properties, when adjacent to a lower-intensity zoning district.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C.
Figure 38.520.040-1. Facade articulation examples.
Residential facade articulation.
Residential buildings must include articulation features at appropriate intervals relative to the scale of
the facade in order to reduce the perceived massing of the building and add visual interest. At least
three of the following features must be employed at intervals relative to the individual dwelling units
or at a maximum of every 30 feet. The scale of the facade articulation should be compatible with the
surrounding context.
1. Use of windows.
2. Entries.
3. Use of weather protection features.
4. Use of vertical piers/columns.
5. Change in roofline per subsection F below.
6. Change in building material and/or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints or
an integrated trim pattern.
8. Providing vertical building modulation if tied to a change in roofline modulation per subsection F
below or a change in building material, siding style, or color.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
9. Other design techniques that effectively break up the massing at no more than 30-foot intervals.
10. Providing vertical elements such as a trellis with plants, green wall, and/or art element.
D.
Figure 38.520.040-2. Residential facade articulation examples.
Departure criteria associated with articulation standards.
Proposals must meet the purpose of the standards. The following criteria will be considered in
determining whether the proposed articulation treatment meets the "purpose."
1. The type and width of the proposed articulation treatment and how effective it is in meeting
the purpose given the building's current and desired context (per Bozeman's land use plan or
applicable adopted subarea plan).
2. The size and width of the building. Smaller buildings warrant greater flexibility than larger
buildings.
3. The quality of facade materials in concert with doors, windows, and other facade features and
their ability to add visual interest to the street from a pedestrian scale and more distant observable
scales.
E. Roofline modulation.
1. In order to qualify as a facade articulation feature in subsection B and subsection C above,
rooflines must employ one or more of the following:
a. For flat roofs an extension of the parapet or a break in the parapet of at least one foot
measured from the adjacent roof or adjacent parapet. If no parapet is present a horizontal
roof edge/eave extension of at least two feet.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
b. A pitched roofline segment(s) scaled appropriately to the facade.
c. A combination of the above.
2. Departures will be considered provided the roofline modulation design effectively reduces the
perceived scale of the building and adds visual interest.
Figure 38.520.040-4. Acceptable examples of roofline modulation.
Figure 38.520.040-5. Acceptable examples of roofline modulation.
sec. 38.520.050. - Building details.
A. Purpose.
1. Building facades with design details at pedestrian scale integrated with the overall composition of
the building.
2. Integrated window design that adds depth, richness, and visual interest to the facade.
B. Window design standards.
1. All windows (except storefront windows and curtain walls) must include trim or other design
treatment, or alternately be recessed at least two inches from the facade. Understated or trim-
less windows without additional design treatment are permitted provided the placement and
design is integrated into the overall composition of the building.
2. Prohibited materials:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Mirrored glass is prohibited.
C.
Figure 38.520.050-1. Acceptable and unacceptable window design
examples.
High visibility street corner and gateway sites.
All development proposals located at designated high visibility street corners and gateway sites must
locate a building or structure within 20 feet of the street corner and include design features that
accentuate the street corner. Alternatively, the building could be configured with a corner plaza.
Corner design features could include a cropped building corner with an entry feature, decorative
use of building materials at the corner, distinctive facade articulation, a sculptural architectural
element, or other elements that meet the purpose of the standards. Figure 38.520.050-2 and Figure
38.520.050-3 below illustrate acceptable examples.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Figure 38.520.050-2. Acceptable high visibility street corner/gateway site
examples.
D. Articulated building entries.
Primary building entrance(s) must be clearly defined and scaled proportionally to the building. See
Figure 38.520.050-4 below for examples.
sec. 38.520.060. - Building materials.
A. Purpose.
To encourage the use of durable materials to provide visual interest from vehicular and pedestrian
vantage points with the highest priority at locations susceptible to damage from maintenance and
weathering.
B. Durable building materials.
Applicants must use durable materials. Where facades are located directly adjacent to a city sidewalk,
impact resistant materials must be used (excluding window and door areas) for a minimum of the first
18 inches above the walking surface.
C. Special conditions and limitations for the use of certain cladding materials.
1. Concrete block (a.k.a. CMU)
When used as a primary cladding material, concrete block must be treated or articulated to
provide visual interest above and beyond natural (uncolored, untreated) block with (matching)
natural colored grout. Examples of such treatments include:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
a. Using ground, polished or split face units;
b. Creating patterns/texture with different block sizes, face treatments, or colors; creating
patterns/textures by modulating the finish plane of units;
c. Utilizing contrasting grout color; or
d. Utilizing sealers or painted treatments that enhance the finish of natural concrete block.
Industrial zoning districts are exempt from this subsection C.
2.
Figure 38.520.060-1. Acceptable concrete block use/design.
Metal siding.
a. Metal siding must be a minimum 24 gauge thickness. Re-purposed metal siding is exempt
from minimum thickness requirements provided its material integrity is intact.
b. Metal siding must feature appropriate molding, trim, or hemming at all exposed edges and
corners.
c. Metal siding must be factory finished, or alternately purposefully designed to naturally patina.
Highly reflective galvanized finished are prohibited. Re-purposed or re-claimed metal siding is
permitted.
Figure 38.520.060-2. Acceptable metal siding examples.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
3. Standards for the use of exterior insulation and finish system (EIFS).
Such material/finishes may be used as a decorative accent cladding material if it is incorporated
with other permitted materials and it complies with the following:
a. On buildings of three or more stories or 5,000 square feet in footprint or greater EIFS is
limited to no more than 25 % of the total facade area and is not the primary cladding material.
On buildings of two stories or less or less than 5,000 square feet in footprint, EIFS is limited to
60 % of the total facade area;
b. Highly textured EIFS finishes are prohibited;
c. EIFS must include an integrated joint or trim pattern;
d. EIFS must not be used on the ground floor when directly adjacent to a sidewalk, pedestrian or
vehicular pathway.
Departures will be considered provided the material's integration and overall facade composition
meets the purpose of the standards.
Figure 38.520.060-3. Acceptable and unacceptable EIFS examples.
4. Cementitious wall board paneling/siding may be used provided it meets the following
provisions:
a. Cement board paneling/siding may not be used on the ground floor of non-residential or
mixed-use buildings where adjacent to a sidewalk or other pedestrian path;
b. Where cement board paneling/siding is the dominant siding material, the design must
integrate a mix of colors and/or textures that are articulated consistent with windows,
balconies, and modulated building surfaces and are balanced with facade details that add
visual interest from the ground level and adjacent buildings. Departures will be considered
provided the material's integration and overall facade composition meets the purpose of the
standards.
D. Departures
Departures to building materials standards will be considered if they are determined to meet the
purpose of this section.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.520.070. - Special residential frontages.
For residences with ground floor living spaces facing a sidewalk or pedestrian path in a residential or
mixed-use development, the building must feature at least one of the public/private space transition
elements described below. The objective of this standard is to ensure privacy and security for residents,
and an attractive and safe pathway that complements the qualities of adjoining residences within a
residential complex.
A. Raised deck or porch option.
Provide at least a 60 square foot porch or deck raised at least one foot above grade. The porch or
deck must be at least six feet deep, measured perpendicular to the building face. (The deck may be
recessed into the unit floor plan so that deck does not extend from the building face a full six feet.)
A low fence, rail or hedge, two feet to four feet high, may be integrated between the sidewalk or
internal pathway and deck or porch.
B. Front setback options.
Provide a minimum ten-foot setback between the sidewalk or internal pathway and the face of the
residence. Design options for the front setback:
1. Landscaped area, meeting the provisions of 38.540.
2. Semi-private patio space screened by a low fence or hedge (see 38.540.070).
C. Raised ground floor.
If the residence's ground floor is a minimum of three feet above the grade adjacent to the building,
then the landscaped area in option 2 above may be reduced to four feet wide (except where greater
setbacks are specified for the zoning district in article 2).
Figure 38.520.070-1. Acceptable public/private transitional space design
between sidewalk or pathways and ground level residential units.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.520.080. - Structured parking facilities.
A. Applicability
All above ground structured parking facilities must conform to the following design standards.
B. Exceptions
1. Single-/two-unit dwellings, three-unit dwellings, four-unit dwellings, individual townhouses,
accessory garage structures not adjacent to the street, and multi-unit dwellings with physically
separated individual drive aisles. Physical separation is provided when at least one of these
options are provided: Individual garage doors for each interior parking space; a vegetated planter
not less than four feet in width between the parking spaces in the driveway area; or a wall not
less than four feet in height and length, is provided between the parking area in the driveway and
dividing the garage entrance; and
2. For development in the R-D and B-2M districts, the structured parking provisions take
precedence over any conflicting provisions of 38.240.020.
C. Building standards.
1. To promote an active and diverse streetscape, parking structures must be located behind
buildings in the interior of blocks or below grade. Parking garages that front streets must line the
parking garage at the street level with an active use.
a. Street designs accommodate on street parking and pedestrian mobility. Parking lots and
garages rarely front the streets, and are typically relegated to the rear of the lot and the center
of blocks.
b. Parking garages should be located in the interior of blocks. Parking garages that front onto
streets must provide a lining of retail, office, or residential use at the street level along the
entire street frontage.
2. In all districts, all commercial floor space wrapping must provide a minimum 20 foot depth of
habitable and conditioned space as defined by the most currently adopted IBC.
3. In all districts, commercial space depth will be considered where the applicant can successfully
demonstrate the proposed alternative design and configuration of the space is viable for a variety
of permitted commercial uses.
4. In all districts, residential active use areas must be 12 feet in depth, except for riser room, trash
areas and other functional uses that must face the street.
5. In all districts, all commercial floor space wrapping a parking structure on the ground floor must
have a minimum floor-to-floor height of 15 feet.
6. Structured parking facilities must provide transparency along at least 50 % of the linear length
of the building's facade. This may be achieved with windows, displays, building lobbies, building
entrances, display windows, or windows affording views into the building. This requirement
applies to both frontages of a building located on a corner lot.
a. The bottom edge of any window or product display window used to satisfy the transparency
standard may not be more than four feet above the adjacent sidewalk.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
b. Product display windows used to satisfy these requirements must have a minimum height of
four feet and be internally lighted.
7. Street-level openings on parking structures must be limited to those necessary for retail store
entrances, vehicle entrance and exit lanes, and pedestrian entrances to stairs and elevator lobbies.
Parking structures adjacent to streets must have architectural detailing such as, but not limited to,
standard size masonry units such as brick, divided openings to give the appearance of windows,
and other techniques to provide an interesting and human-scaled appearance on the story
adjacent to the sidewalk.
8. Buildings must be articulated with modules, architectural detailing, individual floors visually
expressed in the facade, and rhythm and pattern of openings and surfaces must be human-scale.
9. Buildings must be oriented to the adjacent public or private street.
10. If an alley is adjacent to a site, vehicle access must be taken from that alley. Access to a street
in lieu of an alley may be approved by the review authority. To approve street access the
review authority must consider adequacy of right of way width of the alley and street, ability to
obtain additional right of way if current right of way does not meet city standards, sight access
entering and exiting the alley, volume of pedestrian and vehicle traffic at the site after proposed
construction would be completed, proximity to other intersections and street accesses, ability
to mitigate conflicts between pedestrians and vehicles, and potential interference with other
municipal standards and criteria. Approval of street access may be approved upon a finding
that the balance of public benefits weighs in favor of the street access. The department of
transportation and engineering must evulate the application for the identified considerations and
make a recommendation to the review authority.
11. A pedestrian safety plan is required for all parking facilities with more than 100 parking spaces and
must be reviewed and approved by the city engineer. The city engineer may request a pedestrian
safety plan for parking facilities with less than 100 parking spaces.
12. Parking entrance(s) may not account for more than 25 % of entire building facade.
D. Relief
Relief to the standards of paragraph C may be granted upon the application demonstrating an equal
or superior outcome to the listed standard.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.530. - PARKING
sec. 38.530.010. - General provisions.
A. Purpose
1. Parking is one part of the overall multi-modal transportation system. Individual choice of travel
mode and development characteristics influence the need for parking.
2. The design of off-street parking is the responsibility of the developer and must consider traffic
circulation, intended landscaping, pedestrian access and circulation, and other purposes of this
chapter.
3. The purpose of this division is to ensure provision of off-street motor vehicle parking, bicycle
parking, and other transportation access facilities in rough proportion to the generalized parking
and transportation demands of different land uses which locate at a site.
4. The purpose of these standards is to:
a. Provide functional parking areas adequate to the needs of users;
b. Help avoid the negative impacts associated with spillover parking into adjacent
neighborhoods (while at the same time avoiding the negative environmental and urban
design impacts that can result from excessive parking lots ); and
c. Reduce stormwater surges.
5. The provisions of this division help protect the public health, safety, and general welfare by:
a. Encouraging multi-modal transportation options and enhanced pedestrian and bicycle safety;
b. Providing methods to reduce the amount of impervious surfaces in parking areas and
adequate drainage structures in order to reduce the environmental impacts of stormwater
runoff; and
c. Encouraging paving or alternate means of surfacing of parking areas in order to address dust
abatement and improve air quality.
B. Improvement schedule.
All parking area improvements to include surfacing, drainage, walkways, lighting, landscaping,
irrigation, screening, traffic control, etc., must be installed according to 38.780.
C. Location of parking.
See 38.260.090.
D. Recreational vehicle parking on residential lots.
No person may park or occupy any recreational vehicle or mobile home on the premises of any
occupied dwelling or on any lot which is not a part of the premises of any occupied dwelling, either
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
of which is situated outside of any approved manufactured home community or recreational vehicle
park except that:
1. The parking of only one unoccupied recreational vehicle in any accessory individual garage, or
in a rear setback in any district is permitted, provided no living quarters may be maintained or
any business practiced in the recreational vehicle while such recreational vehicle is so parked or
stored; and
2. In the event of hardship, temporary use permits may be granted for occupying such recreational
vehicle or mobile home.
sec. 38.530.020. - Stall, aisle and driveway design.
A. Parking dimensions.
1. The following are minimum parking space dimensions:
Table 38.530.020-1. Dimensions of Parking Spaces
Parking
Angle Stall Depth Stall Width Parking Aisle One-Way/Two-Way
Standard Parking Space
60° 20' 9' 16'/
90° 18' 9' —/24'
Compact Parking Space
60° 18.5' 8' 16'/
90° 16' 8' —/24'
Individual Residential Garage Dimensional Standards — Subject to 38.530.040.B.1.c
Number of
Stalls Stall Depth Stall Width Special Conditions
1 20' 9' Additional one foot on all exterior sides of the
stall
2 or more 20' 9' Additional one foot on all exterior sides of
each stall
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Figure 38.530.020-1. Dimensions of parking spaces.
0º Bay Width
60º
60º Bay Width
Drive Aisle
Drive Aisle
Depth
Depth
Width
Width
90º
90º Bay Width
Drive Aisle
2WAY
DOUBLELOADED
1WAY
DOUBLELOADED
1WAY
SINGLELOADED
Width
Depth
2. Unless otherwise approved, all parking spaces must be of standard width and length. In any
parking facility containing 20 or more parking spaces, a maximum of 25 % of the provided parking
spaces may be reduced in size for small cars, provided these spaces are clearly identified with a
sign permanently affixed immediately in front of each space containing the notation, "Compacts
Only." Where feasible, all small car spaces must be located in one or more contiguous areas and/
or adjacent to ingress and egress points within parking facilities.
B. Circulation between bays.
Except in the case of one to four-unit dwellings and individual townhouse/rowhouse units, parking
areas must be designed so that circulation between parking bays occurs within the designated
parking lot and does not depend upon a public street or alley. Turning radii between bays and
additional back-up length for dead end aisles must conform to requirements of the International Fire
Code.
C. Backing requirements.
All required parking must have adequate back-up maneuverability as specified in Table 38.530.020-1.
The aisle width calculation may incorporate the width of the public right-of-way. Except in the case
of single- to four-units dwellings and individual townhouse/rowhouse-style units with individual
garages, parking area design which requires backing into the public street is not allowed. With the
exception of residential development, parking area design which requires backing into the public
alley is not allowed. An exception to the prohibition to backing into the alley by non-residential
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
development may be granted by the review authority when function of the alley will not be impeded
and when necessary due to local site conditions.
D. Parallel parking spaces.
Parallel parking spaces must be a minimum of 24 feet in length and seven feet in width measured
from the inside edge of a curb or the inside edge of the asphalt if curbing is not present.
E.
PaintedLine
5' Minimum
7'
24'
Figure 38.530.020-2. Parallel parking layout.
Surfacing.
Except for single-unit dwellings on individual lots, all areas intended to be utilized for permanent
parking space and drive aisles must control dust and drainage. All proposed parking areas and
driveway improvements must require a grading and drainage plan approved by the review authority.
Areas must be paved with concrete or asphaltic concrete or approved pavers; an alternative surfacing
method such as pervious pavement may be used, subject to review and approval by the review
authority. Surfacing methods which minimize stormwater runoff and provide for functional parking
and circulation are encouraged.
F. Striping.
All parking stalls must be marked with white or yellow painted lines not less than four inches wide,
except for single- to four-unit dwellings and individual townhouse/rowhouse units. An exception to
this requirement may be approved when the striping would otherwise be applied to an area that does
not have a permanent and durable wearing surface.
G. Lighting.
Any lighting used to illuminate an off-street parking area must comply with the lighting standards of
38.560.
H. Signs.
No sign may be so located that it restricts the sight lines and orderly operation and traffic movement
within any parking area. All signs must conform to 38.550.
I. Parking lot curbing.
1. All open off-street parking areas and drive aisles must have perimeter concrete curb around the
entire parking lot, including driving access ways, except for individual townhouse/rowhouse
units and single- to four-unit dwellings. Continuous concrete curbing must be built according to
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
standards provided by the review authority. Unless otherwise approved, the perimeter curb must
be six-inch by six-inch concrete.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete
curbing in front of parking spaces which front on the perimeter of the parking lot. However,
continuous concrete curbing as described above must be provided in all situations where
deemed necessary by the review authority to control drainage and soil erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the city engineer.
4. Requirements for perimeter curbing do not preclude shared access between adjacent parking
lots.
J. Protruding vehicles.
All on-site parking stalls which abut property lines must be designed and constructed so that parked
vehicles do not protrude over property lines.
K. Pedestrian facilities in parking lots.
Concrete sidewalks a minimum of five feet in width must be provided between any existing or
proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional
two feet of sidewalk width is required.
L.
18'2'5'min.
Sidewalk curb does notserve as wheelstop
Concrete pindownwheelstop
Sidewalk curb serves as wheelstop
18'5'min.
Figure 38.530.020-3. Sidewalk width adjacent to parking.
Snow removal storage areas.
All parking facilities containing 5 or more parking spaces must provide a snow management plan. The
plan must contain the following:
1. Locations for snow storage, which may include on-site landscaped areas, and other open space
for at least 15 % of the total area of the site used for parking, access drives, walkways and other
paved surfaces;
2. Snow storage is not allowed:
a. In the public right-of-way;
b. Where it would obstruct line of sight or vision triangle;
c. In a location where it blocks fire hydrants, emergency vehicle access or access to other
properties;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
d. Where it will cause unmanageable freeze/thaw and icing of sidewalks, pathways and other
paved surfaces;
e. Where it obstructs on-site amenities, including but not limited to points of egress, mailboxes,
storage areas, and trash enclosures;
f. Within any access easement;
g. Where placed in a manner which violates the Clean Water Act (CWA) and/or the Montana
Pollutant Discharge Elimination System (MPDES), and/or any other federal, state or local law
or statute; or
h. Where it will cause damage to trees located in the public right-of-way.
M. Parking and stacking for drive-in/drive-through facilities.
Required parking and stacking spaces for waiting automobiles must provide a minimum of two
stalls and six spaces for stacking per lane unless a traffic summary shows that fewer spaces may be
required. These spaces may not in any manner inhibit on-site or off-site vehicular circulation.
N. Stormwater drainage.
Stormwater drainage from parking lots must be directed into detention/retention facilities and water
quality improvement facilities as required by the engineering department, or in compliance with the
storm drainage provisions of chapter 40 article 4, and/or best practices manual adopted by the city.
O. Mechanical vehicle lifts.
Mechanical vehicle lifts may be used to meet required parking when the lift design allows for access
to a specific vehicle on demand.
sec. 38.530.030. - Maintenance of parking areas.
It is the joint and separate responsibility of the lessee and owner of the principal use, uses or building to
maintain in a neat and adequate manner the parking space, accessways, striping, landscaping, irrigation,
and required fences or screening.
A. Use of required parking areas for parking only.
Required off-street parking spaces may not be utilized for open storage, sale or rental of goods, or
storage of inoperable vehicles, except when permitted as a temporary use.
B. Parking spaces identified and maintained.
When enclosing a carport or garage for storage or living purposes, an affidavit must be submitted to
the community development director identifying the required parking spaces necessary to comply
with 38.530.040.
sec. 38.530.040. - Number of vehicle parking spaces required.
A. No required motor vehicle parking.
1. The minimum parking requirements of 38.530.040-1 do not apply within the following areas:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
a. Midtown Urban Renewal District;
b. North Park Urban Renewal District;
c. Pole Yard Urban Renewal District (north of the railroad only);
d. South Bozeman Technology Urban Renewal District;
e. B-3C zoning district; and
f. Montana State University owned and operated facilities within the bounds of the parking
management program.
2. All other requirements of this division, including bicycle parking, maximum parking, parking
design standards, and standards when parking is provided, are applicable.
B. Minimum required motor vehicle parking – Effective through September 30, 2026.
1. General.
a. Calculation of required parking.
(1) The number of spaces shown in Table 38.530.040-1 and Table 38.530.040-4 must
be provided. Parking stalls required pursuant to the Americans with Disabilities Act
or other similar federal or state law may be provided from the minimum number of
required parking stalls. All plans submitted for permit review must identify parking space
allocations. Fees may be charged by the landowner for the use of required parking
spaces.
(2) Alternate parking ratios may be approved where an applicant submits a parking study,
prepared by a qualified professional. The study must illustrate that the required parking
ratios of do not accurately apply to a specific development proposal.
(3) The number of spaces required is the total number of the spaces required for each use
on the site, calculated separately.
(4) When calculation of required parking results in a fraction of a parking space being
required, the fractional space is not required to be provided.
b. Change of use or occupancy of buildings.
With any change of use or occupancy of any building or buildings an occupancy permit
is required. When the change in use or occupancy requires more than a ten % cumulative
increase in parking over that required with the initial building construction, an occupancy
permit may not be issued until additional parking spaces, in the amount required, are
provided.
c. Stacking of off-street parking spaces.
(1) Two parking spaces serving a single unit dwelling may be horizontally stacked.
(2) Both parking spaces must be assigned to the same dwelling unit.
(3) Stacked parking is not allowed for guest parking.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
d. Ownership/leasehold.
Required parking lots must be owned or leased by the owner or lessee of the building or
use being served by the parking. The parking lot must be maintained as a parking lot so long
as the building and/or use served is in operation or until another approved parking area is
established for the building or use.
e. Unenclosed parking allowed.
Required parking may be provided indoors or outdoors; required parking does not have to be
provided in an enclosed space.
2. Residential uses.
a. Minimum requirements.
The following minimum number of off-street parking spaces must be provided.
Table 38.530.040-1
Use Minimum Parking Spaces Required
General Residential
Studio apartment or one-bedroom. All types of
individual unit dwellings within the B-3 district.1 per unit
Two-bedroom or more 2 per unit (1.75 per unit in R-D)
Group Residential
Community residential, group home, and
lodginghouse 0.75 per person of approved capacity
Group living/cooperative household/fraternity and sorority
First 25 residents: 1 per resident;
Each resident beyond 25: 0.9 per resident
Fraternity and sorority: Five guest spaces
Transitional and emergency housing
0.25 per person of approved capacity. Additional services and facilities to serve non-residents must provide parking in accordance with Table 38.530.040-4.
b. Adjustments to minimum requirements.
(1) On-street parking.
For projects submitted through a site plan or special use permit review process, one
parking space for each 24 uninterrupted linear feet of available street frontage usable
for on-street parking directly adjacent to a lot may be deducted from the total parking
spaces required for a development. The number of on-street spaces calculated may not
exceed the number of dwellings on the lot. The width of drive accesses, designated non-
parking areas, vision triangles, and similar circumstances are not available for the purpose
of meeting parking requirements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
(2) Transitional and emergency housing, group living, cooperative household, community
residential.
A transitional and emergency housing facility, group living, cooperative household,
or community residential facility may request to provide fewer parking spaces if the
applicant provides evidence that some or all residents are prohibited from operating
motor vehicles. Under no condition may less than two parking spaces be provided. If
the use of the facility is altered to serve a different population who may operate motor
vehicles, then the additional required parking must be provided before the change in use
may occur.
(3) Mixed-use projects.
(a) General
(i) In order to utilize this section, the long-term availability of parking spaces upon
which the use of this section was based must be ensured.
(ii) For the purpose of this section a building is considered mixed-use if the non-
residential portion of the building is at least one-quarter of the gross square feet
not used for parking.
(iii) Residences in mixed-use buildings may count on-street parking even if the area
is subject to occupancy time limits.
(iv) The use of this section does not preclude the use of other sections of this
division which may have the effect of reducing the required amount of parking.
(v) It must be demonstrated that there is no substantial overlap in the operating
hours of the uses for which the sharing of parking spaces is proposed.
(b) Non-residential dominant mixed-use projects.
When calculating the amount of required parking for residential uses within a mixed-
use project that requires more non-residential parking than residential parking the
amount of residential parking may be reduced subject to Table 38.530.040-2.
Table 38.530.040-2
Residential
Reduction
Allowed
Ratio of Required Non-
residential to Required
Residential Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
(c) Residential dominant mixed-use projects.
When calculating the amount of required parking for non-residential uses within a
mixed-use project that requires more residential parking than non-residential parking
the amount of non-residential parking may be reduced subject to Table 38.530.040-3.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.530.040-3
on-residential
Reduction
Allowed
Ratio of Required Residential
to Required Non-residential
Parking Spaces
50% Greater than 1:1 but less than 3:1
100% Equal to or greater than 3:1
3. Non-residential uses.
a. Minimum and maximum requirements.
(1) The following minimum number of off-street parking spaces must be provided.
(2) Parking spaces provided beyond the maximum surface parking shown in Table
38.530.040-4 are allowed but must be provided in a parking structure.
(3) The first 1,500 gross square feet of a non-residential floor area is not included in the
calculation of minimum required parking. It is included in the calculation of maximum
parking.
Table 38.530.040-4
Use Minimum Vehicle Parking
Spaces Required
Maximum Vehicle Surface
Parking Spaces Allowed
Recreation, Culture & Entertainment
Community center 4 per 1,000 square feet of gross floor area 8 per 1,000 square feet of gross floor area
All other recreation, culture and
entertainment uses
5 per 1,000 square feet of
gross floor area
10 per 1,000 square feet of
gross floor area
Lodging
All lodging uses 0.8 per guest room 1.6 per guest room
Public, Government & Regional
All public, government and
regional uses not meeting another
classification in this table
2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Personal & General Service
All personal and general service uses 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area
General Retail
Restaurant 5 per 1,000 square feet of
gross floor area
10 per 1,000 square feet of
gross floor area
All other general retail uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Industrial & Wholesale
All industrial and wholesale uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Agriculture
All agriculture uses 1 per site No restriction
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-43 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
4. B-3 district.
a. Minimum and maximum requirements.
(1) In the B-3 district, the minimum number of required spaces shown in Table 38.530.040-5
can be provided as an alternative to the number of spaces required in Table 38.530.040-1
or Table 38.530.040-4.
(2) Parking spaces provided beyond the maximum shown in Table 38.530.040-5 are allowed
but must be provided in a parking structure.
(3) The first 3,000 gross square feet of non-residential floor area within a building is not
included in the calculation of minimum required parking. This floor area is included in the
calculation of maximum parking.
Table 38.530.040-5
Use Minimum Parking Spaces
Required
Maximum Vehicle Surface Parking
Spaces
All types of dwelling units 1 per unit 2 per unit
All lodging uses
0.6 per room (including
accessory uses up to 20% of
the building area)
1.2 per room (including accessory
uses up to 20% of the building area)
All other uses 1 per 1,000 square feet of gross floor area 2 per 1,000 square feet of gross floor area
5. Affordable dwellings.
When calculating the amount of required parking for affordable dwellings, as defined in
38.700.020, if the project is subject to an approved affordable housing plan, then required parking
spaces must be provided pursuant to 38.380.
6. Relief
To request an alternative to minimum requirements, an applicant may submit a formal parking
study for review and approval by the review authority. The following elements must be included
in the parking study:
a. Documentation of assumptions. The study must clearly state the basis for its parking
projections, such as building size, employee and seating capacity, and anticipated operating
hours.
b. Data from comparable sites. To justify lower demand, cite similar developments to
project parking needs. These comparison sites must have similar uses, sizes, and market
characteristics.
c. Analysis of usage patterns. The study needs to show that the comparable site's operating
hours and peak periods align with the proposed project or explain any differences.
d. Quantitative methodology. The study must document the data collection process and
analytical method used to calculate estimated parking demand. Acceptable references
include the Institute of Transportation Engineers (ITE) Parking Generation manual or
comparably robust data sets and sophisticated analyses.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-44 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C. Minimum required motor vehicle parking – Effective October 1, 2026.
1. General.
The state of Montana has adopted limitations on the ability of local governments to establish
parking requirements. These regulations comply with those limitations.
2. Methods and processes.
a. Calculation of required parking.
(1) The number of spaces shown and provided in Table 38.530.040-1 and Table 38.530.040-
2. An applicant may provide more than the minimum required. Parking stalls required
pursuant to the Americans with Disabilities Act, accessibility requirements of building
code, or other similar federal or state law are in addition to the minimum number of
required parking stalls. The city does not review for compliance with non-city parking
requirements during verification of Chapter 38 compliance. All plans submitted for permit
review must identify parking space allocations. Fees may be charged by the landowner
for the use of required parking spaces.
(2) The number of spaces required is the total number of the spaces required for each use
on the site, calculated separately.
(3) When calculation of required parking results in a fraction of a parking space being
required, the fractional space is required to be provided when the fraction exceeds 0.5.
b. Change of use or occupancy of buildings.
No additional parking is required for a change in use of a building.
c. Stacking of off-street parking spaces.
(1) Two parking spaces serving a single dwelling may be horizontally stacked.
(2) Both parking spaces must be assigned to the same dwelling unit.
(3) Stacked parking is not allowed for guest parking.
d. Ownership/leasehold.
Required parking lots must be owned or leased by the owner or lessee of the building or use
being served by the parking. The parking lot must be maintained as a parking lot so long as
the building and/or use served is in operation, or until another parking area is established for
the building or use and is approved by the city.
e. Unenclosed parking allowed.
Required parking may be provided indoors or outdoors; required parking does not have to be
provided in a fully enclosed space.
3. Residential uses.
a. Minimum requirements.
The following minimum number of off-street, parking spaces must be provided.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-45 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.530.040-1
Use Minimum Parking Spaces Required
General Residential
Dwelling less than 1,200 sq. ft.None
Dwelling 1,200 sq. ft. or greater 1 per dwelling
Deed restricted affordable housing – any size dwelling None
Group Residential
Community residential 0.75 per person of approved capacity
Assisted living facilities None
Group living/cooperative household/fraternity
and sorority
First 25 residents: 1 per resident;
Each resident beyond 25: 0.9 per resident
Fraternity and sorority: Five guest spaces
Lodginghouse 0.75 per person of approved capacity
Transitional and emergency housing
0.25 per person of approved capacity. Additional
services and facilities to serve non-residents
must provide parking in accordance with Table
38.530.040-4.
b. Adjustments to minimum requirements.
(1) Transitional and emergency housing, group living, cooperative household, community
residential.
A transitional and emergency housing facility, group living, cooperative household,
or community residential facility may request to provide fewer parking spaces if the
applicant provides evidence that some or all residents are prohibited from operating
motor vehicles. Under no condition may less than two parking spaces be provided. If
the use of the facility is altered to serve a different population who may operate motor
vehicles, then the additional required parking must be provided before the change in use
may occur.
(2) Mixed-use projects.
(a) General
(i) In order to utilize this section, the long-term availability of parking spaces upon
which the use of this section was based must be ensured.
(ii) For the purpose of this section a building is considered mixed-use if the non-
residential portion of the building is at least one-quarter of the gross square feet
of building area not used for parking.
(iii) The use of this section does not preclude the use of other sections of this
division which may have the effect of reducing the required amount of on-site
parking.
(iv) It must be demonstrated that there is no substantial overlap in the operating
hours of the uses for which the sharing of parking spaces is proposed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-46 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
4. Non-residential uses.
a. Minimum and maximum requirements.
(1) The following minimum number of off-street parking spaces must be provided.
(2) Parking spaces provided beyond the maximum surface parking shown in Table
38.530.040-2 are allowed but must be provided in a parking structure.
(3) The first 1,500 gross square feet of a non-residential floor area is not included in the
calculation of minimum required parking. It is included in the calculation of maximum
parking.
(4) Reuse of buildings, whether vacant or in active use at the time of application, are not
required to provide additional parking spaces.
Table 38.530.040-2
Use Minimum Vehicle Parking
Spaces Required
Maximum Vehicle Surface
Parking Spaces Allowed
Recreation, Culture & Entertainment
Community center 4 per 1,000 square feet of
gross floor area
8 per 1,000 square feet of
gross floor area
All other recreation, culture and entertainment uses 5 per 1,000 square feet of gross floor area 10 per 1,000 square feet of gross floor area
Lodging
All lodging uses 0.8 per guest room 1.6 per guest room
Public, Government & Regional
All public, government and
regional uses not meeting another
classification in this table
2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area
Personal & General Service
All personal and general service uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Child-care facilities licensed or
registered with the dept. of public
health and human services
None 4 per 1,000 square feet of
gross floor area
General Retail
Restaurant 5 per 1,000 square feet of gross floor area 10 per 1,000 square feet of gross floor area
All other general retail uses 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area
Industrial & Wholesale
All industrial and wholesale uses 2 per 1,000 square feet of
gross floor area
4 per 1,000 square feet of
gross floor area
Agriculture
All agriculture uses 1 per site No restriction
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-47 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
5. B-3 district.
a. Minimum and maximum requirements.
(1) In the B-3 district, the minimum number of required spaces shown in Table 38.530.040-3
can be provided as an alternative to the number of spaces required in Table 38.530.040-1
or Table 38.530.040-2.
(2) Parking spaces provided beyond the maximum shown in Table 38.530.040-3 but must
be provided in a parking structure.
(3) The first 3,000 gross square feet of non-residential floor area within a building is not
included in the calculation of minimum required parking. This floor area is included in the
calculation of maximum parking.
Table 38.530.040-3
Use Minimum Parking Spaces
Required
Maximum Vehicle Surface Parking
Spaces
All types of dwelling units 1 per unit 2 per unit
All lodging uses
0.6 per room (including
accessory uses up to 20% of
the building area)
1.2 per room (including accessory
uses up to 20% of the building area)
All other uses 1 per 1,000 square feet of gross floor area 2 per 1,000 square feet of gross floor area
6. Relief
To request an alternative to minimum requirements, an applicant may submit a formal parking
study for review and approval by the review authority. The following elements must be included
in the parking study:
a. Documentation of assumptions. The study must clearly state the basis for its parking
projections, such as building size, employee and seating capacity, and anticipated operating
hours.
b. Data from comparable sites. To justify lower demand, cite similar developments to
project parking needs. These comparison sites must have similar uses, sizes, and market
characteristics.
c. Analysis of usage patterns. The study needs to show that the comparable site's operating
hours and peak periods align with the proposed project or explain any differences.
d. Quantitative methodology. The study must document the data collection process and
analytical method used to calculate estimated parking demand. Acceptable references
include the Institute of Transportation Engineers (ITE) Parking Generation manual or
comparably robust data sets and sophisticated analyses.
sec. 38.530.050. - Joint use of parking facilities.
Up to 80 % of the parking spaces required by 38.530.040 subject to the requirements below may be
provided through shared parking. Shared parking may be requested if shared parking can be provided to
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-48 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
serve two or more individual uses without conflict or encroachment. The review authority may authorize
shared parking arrangements based on a parking demand and utilization study for the site;
A. At a minimum, the parking demand and utilization study must examine for all potential uses: trip
generation, hours of operation, quantity of required parking spaces, quantity of spaces that will be
filled during peak hour periods, and any unusual events that may occur during the year that will
exceed the average parking requirement. The study must indicate that adequate parking exists to
meet the demand of potential uses served. The city may adopt administrative procedures to establish
technical requirements and review processes as specified by the review authority;
B. The building or use for which application is being made to utilize the off-street parking facilities
provided by another building or use must meet the off-site parking requirements of 38.530.060;
C. The applicant must show that there is no substantial overlap in the operating hours of the buildings or
uses for which joint use of off-street parking facilities is proposed;
D. The parties sharing parking spaces must enter into a long-term joint use agreement which may be
revoked with review authority approval, running with the term of the designated uses; and
E. A properly drawn legal instrument duly approved as to form and manner of execution by the city
attorney, executed by the parties concerned for joint use of off-street parking facilities, must be filed
with the city clerk and recorded with the county clerk and recorder.
sec. 38.530.060. - Off-site parking.
Any off-site parking used to meet the requirements of this division must be approved by the review
authority for compliance with this division and will be subject to the following requirements:
A. Off-site parking must be developed and maintained in compliance with all requirements and
standards of this division;
B. Required parking for residential uses subject to site plan review may be located off-site provided the
off-site parking is not located more than 500 feet from the main building entrance of the principal
use served;
C. Required parking for nonresidential uses may be located off-site provided the off-site parking is not
located more than 1,320 feet from the main building entrance of the principal use served;
D. The distance is measured based on a pedestrian route of travel (a standard city sidewalk or city
standard trail) from the nearest parking space to the main building entrance of the principal use
served; Continuous pedestrian and vehicle access from the off-site parking facility to the use being
served must be provided; and
E. Any use which depends upon off-site parking to meet the requirements of this division must maintain
ownership or provide evidence of a long-term lease agreement, revocable with review authority
approval, running with the term of the designated use, for parking utilization of the off-site location.
sec. 38.530.070. - Number of bicycle parking spaces required.
A. Applicability.
All site development, not including developments qualifying for sketch plan review per 38.740, must
provide bicycle parking facilities to accommodate bicycle-riding residents and/or employees and
customers of the proposed development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-49 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
B. Bicycle parking required.
1. Bicycle parking must be provided in accordance with the following table.
2. When calculation of the total required bicycle parking results in a fraction of a bicycle parking space,
the fractional space must be rounded up to the nearest whole number. The applicant may choose
to allocate the additional space resulting from the rounding to either short or long-term use.
3. A minimum of two spaces are required for all uses.
Table 38.530.070-1
Use
Minimum Bicycle
Parking Spaces
Required
Short-term/
Long-term
General Residential
2-, 3-, 4-, and multi-unit with
dedicated private garages or storage 1 per dwelling 100%/0%
2-, 3-, 4-, and multi-unit without
dedicated private garages or storage
1 per studio/one-
bedroom apartment 25%/75%
2-, 3-, 4-, and multi-unit without
dedicated private garages or storage
2 spaces per other
dwelling 25%/75%
Group Residential
All group residential uses 1 per 2 beds 25%/75%
Recreation, Culture & Entertainment
All recreation, culture and
entertainment uses
1 per 1,000 square feet
of gross floor area or
10% of max occupancy,
whichever is more
75%/25%
Lodging
All lodging uses 1 per 5 lodging rooms 50%/50%
Public, Government & Regional
All public, government and
regional uses not meeting another
classification in this table
1 per 1,000 square feet of gross floor area 75%/25%
Personal & General Service
All personal and general service uses 1 per 1,000 square feet
of gross floor area 75%/25%
General Retail
All general retail uses 1 per 1,500 square feet of gross floor area 75%/25%
Industrial & Wholesale
All industrial and wholesale uses 1 per 7,500 square feet
of gross floor area 25%/75%
Agriculture
All agriculture uses 4 min 100%/0%
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-50 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C. Bicycle parking standards.
1. General.
The purpose of this sub section is to ensure required bicycle racks are designed so bicycles may
be securely locked to them without undue inconvenience and will be reasonably safeguarded
from accidental damage.
a. Bicycle parking must be provided in a safe, accessible and convenient location. Directional
signage must be installed when bicycle parking facilities are not readily visible from the street,
sidewalk, or main building entrance.
b. Bicycle racks must hold bicycles securely, and meet the following criteria:
(1) Support the frame of the bicycle and not just one wheel.
(2) Allow the frame and one wheel to be locked to the rack when both wheels are left on the
bicycle.
(3) Allow the frame and both wheels to be locked to the rack if the front wheel is removed.
(4) Allow the use of either a cable or U-shaped lock.
(5) Be permanently anchored to an all-season surface such as pavement, patio stones, or
other similar surface and be located such that it will not become buried by snow removal
operations.
(6) Be usable by bicycles with no kickstand.
(7) Be usable by bicycles with water bottle cages.
(8) Be usable by a wide variety of sizes and types of bicycles.
(9) If located adjacent to a motor vehicle parking space, be able to have a user load and
unload a bicycle to the rack whether or not the motor vehicle parking space is occupied.
c. Preferred bicycle rack styles are inverted U, coat hanger, or post and loop racks. Other styles
which meet the standards above are acceptable, including enclosed bicycle lockers. Comb
and wave style racks do not meet the required standard.
d. If bicycles can be locked to each side of the rack, each side can be counted as a required
space and each side must be equally accessible.
e. Bicycle racks and the area required for parking and maneuvering must meet the following
standards:
(1) Bicycle parking spaces must be a minimum of two feet wide and six feet long. In covered
situations the overhead clearance must be at least seven feet.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-51 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
2’ (min)6’ (min)(2) An aisle for bicycle maneuvering must be provided and maintained beside or between
each row of bicycle parking.
(3) Each required bicycle parking space must be accessible without moving another bicycle.
f. Bicycle parking must be provided in a well-lit area. All lighting must comply with the lighting
standards of 38.560.
g. Up to 50 % or 12 spaces, whichever is less, of bicycle parking may be located in a required
setback. Bicycle parking may not interfere with any functional aspect of the site including
stormwater facilities, pedestrian circulation, or landscaping requirements.
h. Bicycle parking may not occupy more than one-quarter of the total area of a required front
setback on an individual street frontage.
i. Departures will be considered (per 38.760.050) for covered bicycle parking or exceptional
design.
2. Short-Term Bicycle Parking
a. Short-term bicycle parking must be well distributed throughout the project, visible to the
bicyclist, in areas of high pedestrian activity to deter theft, publicly accessible and ADA
accessible. 50 % of the required short-term bicycle parking must be placed within 50 feet of
the main entrance with the remaining 50 % placed within 100 feet of the main entrance.
b. Short-term bicycle parking may be located in the public right-of-way subject to authorization
granted by the city engineer for a perpetual encroachment easement.
c. Short-term bicycle parking may be covered or not covered. It may feature high density racks
or standard density racks. It must be publicly accessible at all hours.
3. Long-Term Bicycle Parking
a. Long-term bicycle parking offers a secure and weather protected place to park bicycles for
employees, residents, commuters, and other visitors who generally stay at a site for an entire
day or overnight.
b. Long-term bicycle parking is required to be secure, weather protected, and must include at
least one of the following:
(1) A locked facility/room with limited access, which may include individually assigned
garages.;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-52 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
(2) A bicycle locker; or
(3) A structure outside the main building that is covered and secured by means of a fence
with a limited access gate or door.
c. Long-term bicycle parking may also provide high density style racks for optimizing parking
capacity, parking spots for larger bicycles such as cargo bicycles; or parking for other
personal transportation devices, including but not limited to scooters, skateboards, or one-
wheels.
d. Long-term bicycle parking must be located on-site or be located within 200 feet from an
entrance to the building the bicycle parking is required to serve. Long-term bicycle parking is
not allowed in the public right-of way.
e. Long-term bicycle parking must be located at ground level or on levels easily accessible from
the exterior of the building (such as with an elevator).
sec. 38.530.080. - Off-street loading berth requirements.
If provided, off-street loading facilities must conform to the following standards:
A. All loading berths must be at least 12 feet in width and 14 feet in height, exclusive of aisle and
maneuvering space.
B. Such space may occupy all or any part of any required setback space, except front and exterior
side setbacks, and may not be located closer than 50 feet to any lot in any residential district unless
separated from such district, except at the accesses, by screening not less than eight feet in height.
C. Sufficient room for turning and maneuvering vehicles must be provided on the site so that vehicles
can cross a property line only by driving forward.
D. Each loading berth must be accessible from a street or alley or from an aisle or drive connecting with
a street or alley, without traversing a residential district.
E. The loading area, aisles and access drives must be paved so as to provide a durable, dustless surface
and must be so graded and drained as to dispose of surface water without damage to private or
public properties, streets or alleys.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-53 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.540. - LANDSCAPING
sec. 38.540.010. - Purpose.
The process of development, with its alteration of the natural topography and vegetation, and creation
of impervious cover can have a negative effect on the ecological balance of an area by causing or
accelerating the processes of runoff, erosion and sedimentation. The economic base of the city can
and should be protected through the preservation and enhancement of the area's unique natural beauty
and environment. Recognizing that the general objectives of this division are to promote and protect
the health, safety and welfare of the public, these regulations are adopted as part of this chapter for the
following specific purposes:
A. To aid in stabilizing the environment's ecological balance by contributing to the process of air
purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and
improvement of water quality, while at the same time aiding in noise, glare and heat abatement;
B. To provide visual buffering between land uses of differing character by placing screening vegetation;
C. To enhance the beauty of the city by expanding and strengthening the urban forest and providing a
diversity of vegetation within the city;
D. To protect the character and stability of residential, business, institutional and industrial areas by
establishing minimum landscaping standards;
E. Preserve the value of land and buildings by protecting and enhancing the aesthetic character of the
community;
F. To conserve energy by providing windbreaks, shade and temperature moderation;
G. To retard the spread of noxious weeds by encouraging a vigorous desirable plant community within
the city;
H. To enhance the appearance of the entryways into the city by providing high-quality landscaping
which complements architecture;
I. To encourage a pleasant and safe environment for pedestrians by placement of boulevard trees and
other interesting visual features; and
J. To achieve the conservation of water by requiring the use of efficient irrigation and water-wise
plantings.
sec. 38.540.020. - Applicability, implementation, and scope; adoption of
Manual.
A. The provisions of this division apply to a lot or site when an application is being made for:
1. Site development approval pursuant to 38.740;
2. Subdivision development approval pursuant to 38.750 of this chapter;
3. Planned development zone approval pursuant to 38.250. of this chapter;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-54 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
4. Restoration of a building that has been damaged or destroyed by fire, explosion, flood, tornado,
riot, act of the public enemy or accident of any kind. For purposes of this subsection A,
"restoration" means the act of putting back into a former or original state, only.
5. Sketch plans as provided in 38.740.060.; or
6. Lots or sites within a legacy planned unit development regardless of whether the planned unit
development has a previously approved landscape plan.
B. The provisions of this division apply regardless of the water source proposed for irrigation. This
includes but is not limited to City potable water, groundwater wells, and other non-potable
water systems. The application of this division for projects with irrigation systems connected to
groundwater wells does not interfere with applicable groundwater permit exceptions in MCA 85-2-
306(3).
C. The commission may, pursuant to resolution, adopt standards and guidelines to be known as the
Landscape and Irrigation Performance and Design Standards Manual to implement the landscape and
irrigation regulations of this code. The Manual may include mandatory procedural and substantive
components including but not limited to: application requirements; review processes; submittal
requirements; authorization for departures and exemptions; methods of calculating landscape
water budgets; design plan requirements; enforcement and compliance requirements; required
forms; irrigation system performance and design requirements; landscape performance and design
requirements; authorized plant materials; mandatory irrigation watering schedules; decision making
authority; and other standards and guidelines to implement this code. Any such resolution has the
same force and effect as if adopted herein.
D. Vegetation may only be used to satisfy the requirements of this division when it is located on the
same zone lot as the development depicted on the landscape plan.
sec. 38.540.030. - General landscape and irrigation provisions
Landscape and irrigation plans must include the information required by 38.710.090.
sec. 38.540.040. - Landscape and irrigation plan review.
A. The review authority established in 38.700 must review each landscape and irrigation plan to
determine whether or not it complies with the requirements of this division.
sec. 38.540.050. - Mandatory landscape and irrigation provisions.
A. Landscaping required.
For all uses in all districts, unless otherwise provided by specific approval, the site must be landscaped
as required in this chapter. Landscaped areas and irrigation systems must be perpetually maintained
in a healthy and operable condition.
B. Parking lot landscaping.
1. For purposes of defining parking lot landscaping requirements, the term "parking lot" means the
area within the perimeter of the paved portion of the parking lot, including drive aisles but not
including drive accesses and parking stalls in front of garages where the use of one or more
spaces within the garage is assigned to a particular dwelling. The provisions of this subsection
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-55 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
do not apply to parking areas, provided within a building or parking structure, as defined in
38.800.170.
2. All surface parking lots on the building site must be landscaped in accordance with this
subsection.
a. Parking lot screening required
(1) All parking lots located on a lot with a residential adjacency must be screened from that
residential adjacency;
(2) All parking lots located between a principal structure and a public street, must be
screened from the public street;
(3) The screening required under this subsection must be continuous and not less than four
feet in width; and
(4) Screening must be maintained at a height of four to six feet except as otherwise
restricted by fence and hedge height limits within required front setbacks and street
vision triangles.
b.
Figure 38.540.050-1. Parking lot landscape screening.
Large canopy trees, large non-canopy trees or small trees must be provided in, or within 20
feet of, the parking lot at a minimum average density of:
(1) One large canopy tree; or
(2) One large non-canopy tree and one small tree; or
(3) Three small trees for each nine parking spaces required or provided.
c. No parking space shall be located more than 70 feet from the trunk of a tree.
d. No tree shall be planted closer than three feet to the back of the curb or edging equivalent.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-56 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
e.
Figure 38.540.050-2.
Additionally, any parking lot providing 15 or more parking spaces must have a minimum of 20
square feet of landscape area within the parking lot for each off- street parking space in the
lot provided as follows:
(1) The interior parking lot landscaping must be designed to facilitate, control and denote
proper vehicular circulation patterns.
(2) Internal parking lot landscaping provided must be proportionately dispersed so as
to define aisles and limit unbroken rows of parking to a maximum of 100 feet, with
landscaped areas provided in an appropriate scale to the size of the parking lot.
(3) The minimum width and/or length of any parking lot landscaped area is eight feet.
(4) All parking lots under this subsection must include at least one large canopy or non-
canopy tree.
(5) Individual internal parking lot landscaping areas with minimum dimensions of six feet by
16 feet must include large canopy or non-canopy tree(s).
(6) Internal parking lot landscaped areas are subject to restrictions on the use of overhead
spray irrigation.
C. Screening of off-street loading spaces.
All off-street loading spaces are subject to 38.510.060 and 38.530.080.
D. Street frontage landscaping required.
1. Acceptable large trees for use in public rights-of-way are those accepted by the forestry
department. Street trees must meet the arboricultural specifications and standards of chapter 16,
article 5, division 3. The forestry department publishes a pamphlet listing acceptable species and
proper planting methods. Prior to planting street trees, a permit from the forestry department is
required.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-57 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
2. The minimum quantity of trees and other landscaping required and provided in the public right-
of-way as described in 38.260.050 must be designed to complement on-site landscaping and to
enhance the proposed development project and the streetscape.
3. Montana Department of Transportation (MDT) review and approval of street frontage landscaping
for areas of a project included within or adjacent to rights-of-way subject to MDT jurisdiction
must be demonstrated at time of landscape plan submittal to the city. When MDT, in writing,
denies street frontage landscaping required by this section the applicant must propose and the
director may approve an alternative street frontage landscaping through a departure.
4. Landscaping and irrigation must comply with boulevard and street median requirements outlined
in the most recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual.
E. Street median island landscaping.
All street median islands must comply with requirements outlined in the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
F. Acceptable landscape materials.
1. Acceptable plant materials are those identified as hardy in Zones 1 through 5a based on the
United States Department of Agriculture (USDA) Plant Hardiness Zones. Acceptable plant
materials are also outlined in the City of Bozeman Plant List located on the City of Bozeman
website, which includes USDA zone hardiness information. Alternatives may be considered
upon a case-by- case basis. However, in the case of street frontage landscaping as required in
subsection E of this section, acceptable tree species are limited to those approved by the city
forestry division.
2. Landscape materials must not exceed water use requirements outlined in the prescriptive and
performance-based landscape design approval pathways included in the most recent version of
the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
3. Adequate soil depth and quality must be installed as outlined in the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
4. No artificial plant materials may be used to satisfy the requirements of this division.
5. Plant materials used to satisfy the requirements of this division must comply with the following
minimum size requirements at the time of installation (depending on the standard measuring
technique for the species):
a. Large canopy and non-canopy trees must have either:
(1) For deciduous trees a minimum caliper of one and one-half inches to two inches; or
(2) For evergreen trees a minimum height of eight feet.
b. Small canopy and non-canopy trees must have either:
(1) For deciduous trees a minimum caliper of one inch; or
(2) For evergreen trees a minimum height of six feet.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-58 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
c. All other non-turf plantings must meet American Nursery and Landscape Association
standards.
6. For purposes of subsection F.5. of this section, height is measured from the top of the root ball or,
if the plant is in a container, from the top soil level in the container.
G.
Figure 38.540.050-3. Dimensions of acceptable
landscape materials.
Protection of landscape areas.
1. Perimeter parking lot treatment as required in 38.530.020.I must be installed to protect landscape
areas adjacent to parking lots.
2. Landscaped areas within parking lots (i.e., landscape islands or peninsulas) must be protected
from vehicular traffic through the use of continuous concrete curbs, or other permanent barriers
approved by the review authority. Railroad ties, rolled asphalt, pin down wheel stops or similar
methods of curbing are not acceptable methods of landscape protection within parking lots.
3. No landscape area may be less than two feet wide for a perennial bed, five feet wide for shrubs
and 8 feet wide for trees.
H. Irrigation standards.
1. Irrigation is required to be provided to all landscaped areas.
a. The review authority may allow areas planted with drought-adapted vegetation that only
require irrigation for germination and plant establishment purposes to be irrigated with a
temporary irrigation system that meets requirements outlined in the most recent version of
the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
b. The use of hose bibs on the exterior of existing or proposed structures may be used for
irrigating landscaped areas adjacent to the existing or proposed structure.
c. All other landscaped areas, that do not fall within a or b above, must include a permanent
irrigation system that meets requirements outlined in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-59 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
2. All irrigation systems and landscaped areas must be designed, constructed, operated and
maintained in accordance with requirements outlined in the most recent version of the City of
Bozeman Landscape and Irrigation Performance and Design Standards Manual.
I. Required use of trees with residential adjacency.
All landscape plans must include, for each setback with a residential adjacency, at least one canopy or
non-canopy tree for each 50 lineal feet of the adjacent area.
J. Coordination with utilities.
In order to prevent damage to both vegetation and public utility lines, all trees and other large
vegetation may planted no closer than the minimum distance specified in the City of Bozeman
Design and Construction Standards. When the city verifies it is not possible to meet minimum
separation distance from utilities and no other arrangement can be approved, such tree or large
vegetation is not required.
K. Maximum allowable slope or grade.
1. The finish grade of all landscaped areas, including, but not limited to, required setbacks, parking
lot landscape islands, open space areas, plaza areas, watercourse corridors, landscaped areas
adjacent to sidewalks, public trails or pathways, and any stormwater facilities proposed in
required setbacks, dedicated parkland, or open space areas may not exceed a slope of 25 % grade
(four run to one rise).
2. The slope percent is computed by dividing the vertical distance by the horizontal distance
multiplied by 100. The degree of slope is equal to the tangent of vertical distance over horizontal
distance.
3. The review authority may vary the maximum allowable slope of 25 % grade to protect existing
topographical or natural features (i.e., watercourse, wetlands, mature vegetation) associated
with a site. Alternatives to enable exceeding the maximum allowable slope of 25 % may include
terracing, retaining walls, architectural appurtenances, landscape features, or a combination
thereof that will achieve a greater design quality and enhanced landscape features.
4. All landscaping installed on slopes that meet or exceed 25 % grade must include adequate erosion
control measures to ensure the slope is stabilized. If hydro-seed, groundcovers, or bunchgrasses
are utilized, additional erosion control fabric (i.e., matting or blanket or equivalent thereof) must
be provided to ensure a stable slope for a minimum of one calendar year while the vegetation
becomes established.
L. Legacy planned unit development open spaces.
Legacy planned unit development non- site-specific open space plans must meet or exceed the
standards of these landscaping regulations. For each 5,000 square feet of total landscape open
space area between 5,000 and 25,000 square feet and for each 10,000 square feet of total landscape
areas in excess of 25,000 square feet a landscape plan must include three of the elements in Table
38.540.050-1 from each column A and B unless the review authority grants a relaxation. When the
preceding calculation results in a fraction the amount of landscaping required is rounded up to the
next whole number.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-60 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.540.050-1
Column A Column B
1 large canopy tree 3 evergreen shrubs and 3 deciduous shrubs
1 large non-canopy tree 2 small ornamental trees
2 small ornamental trees 2 large evergreen trees
6 evergreen shrubs
6 deciduous shrubs
sec. 38.540.060. - Landscape and irrigation performance and design
standards.
Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance
and Design Standards Manual is required pursuant to this division and Chapter 40, Article 2 of this code.
The City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and associated
resources are available with the Water Conservation Division.
sec. 38.540.070. - Fences, walls and hedges.
A. Location and height.
Except as provided in 38.400.100, fences, walls and hedges in any district may be located on lot lines,
provided such fences, walls and hedges comply with the following height requirements:
1. Fences and walls do not exceed six feet in height in any required rear or required side setback.
Fences exceeding six feet in height must be subject to the minimum setback requirements of the
district in which such fences are located. Decorative post caps may exceed the height limit by
no more than one additional foot. Fences in excess of six feet in height require a building permit
before installation may commence. Fences may not exceed eight feet in height.
a. A gate may be provided which defines an entrance point. The gate may have a defining
structure so long as the defining structure is not more than one foot wide on either side of
the gate. Gate structure heights may not exceed twice the allowed fence height.
2. For lots with one front setback, do not exceed four feet in height in the front setback. Lots with
more than one front setback, do not exceed four feet in the setback adjacent to the street on
which the property has its assigned address. In non-addressed front setbacks, fences must not
exceed four feet in height in the portion of the front setback that is adjacent to the building
facade nearest the front setback. Decorative post caps may exceed the height limit by no more
than one additional foot.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety must be
excepted from the standards of this section.
4. The height of fences located in the B-3 district must meet the requirements of this section for any
provided, not required, setbacks.
B. Relation to linear parks.
Fences located in the rear or side setback of properties adjoining any city linear park must have a
maximum height of four feet.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-61 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C. Construction and maintenance.
Every fence or wall must be constructed in a substantial, skillful manner and of substantial material
reasonably suited for the purpose for which the fence or wall is proposed to be used. Every fence or
wall must be maintained in a condition of reasonable repair and must not be allowed to become and
remain in a condition of disrepair, damage or unsightliness, or constitute a nuisance, public or private.
Any such fence or wall which is, or has become, dangerous to the public safety, health or welfare,
or has become unsightly through improper maintenance or neglect is a public nuisance and the
building official must commence proper proceedings for the abatement thereof.
D. Barbed wire and electric fences.
No barbed wire or similar sharp fencing or electric fences is permitted, except that barbed wire
or other similar sharp fencing materials may be used on the top of security fences in M-1 and M-2
districts.
E. Measuring fence and wall height.
In case of a fence erected on top of a retaining wall, the height must be measured from the grade of
the high side of the wall.
F. "Finished" side out.
Any fence or wall constructed so as to have only one elevation "finished," which must be defined
as not having its supporting members significantly visible, must be erected such that the finished
elevation of the fence is exposed to the adjacent property.
G. Fencing of utilities and outdoor storage areas.
1. All utility substations, wells, storage facilities or other utilities must be screened from view by a
wall, fence, hedge or landscape screen.
2. All storage for commercial operations must be conducted within a completed enclosed building
or within an area completely enclosed, except for access points, by a wall, fence, hedge or
landscape screen at least six feet in height.
Figure 38.540.070-1. Fences.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-62 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.540.080. - Landscaping and irrigation of public lands.
A. City rights-of-way, open space and parks.
1. General.
a. Tree planting permits must be obtained from the forestry department prior to installation of
trees in city rights-of-way or parks.
b. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual is required.
2. Streets, open space, and parks.
a. The developer must at the time of initial development install landscaping, boulevard trees and
an irrigation system in city rights-of-way boulevard strips and medians along all collector or
arterial streets and all streets adjacent to parks or open space areas.
(1) Prior to installing landscaping in these areas, the developer must submit a landscape and
irrigation plan to the city for review and approval. The landscape and irrigation plan must
be prepared by a qualified landscaping professional meeting the requirements of this
38.540.
(2) The developer must specify its irrigation water supply source(s).
(3) Wells may be used to irrigate landscaping in these areas subject to applicable state law
governing the appropriation of groundwater.
(a) The appropriation and use of groundwater for irrigation of parks and city rights-of-
way take priority over irrigation of open space and individual lots.
(4) The developer must transfer to the city legal ownership of any water rights used for the
irrigation of these areas.
(5) Irrigation systems owned and maintained by the city for use in public rights-of- way and
parks must be discrete and separate systems from those used to irrigate open space
areas and privately owned lots.
(a) Easements must be provided for irrigation systems and components owned and
maintained by the city that are located on private land pursuant to this section and
38.410.060.
(6) Landscaping and irrigation must comply with boulevard and street median requirements
outlined in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
3. Adjacent to individual lots.
a. When individual parcels are developed, the individual property owners must install
landscaping and street trees within the city rights-of-way boulevard strips adjacent to their
property and provide irrigation in compliance with 38.550.050.D.1.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-63 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
b. Landscaping and irrigation must comply with boulevard and street median requirements
outlined in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
B. Maintenance responsibility.
1. Maintenance of landscaping installed within the boulevard portion of the public right-of-way,
with the exception of tree trimming and tree removal, is the responsibility of adjacent property
owners.
2. The developer must maintain landscaping and irrigation systems for open space until the open
space is transferred to a property owners’ association.
3. The developer must maintain landscaping and irrigation systems for parklands until the parkland
is accepted by the City. After the City accepts parkland, the City is responsible for maintaining the
landscaping and irrigation systems for the parkland.
C. State rights-of-way.
Landscaping must be installed along state rights-of-way, in the same manner described in this
section, provided that the state department of transportation has reviewed and approved the
proposed landscaping plan. Maintenance of landscaping installed within the boulevard portion of the
state right-of-way is the responsibility of adjacent property owners unless a different responsibility is
established by the encroachment permit.
sec. 38.540.090. - Departure from landscape and irrigation
requirements.
A. To achieve the optimal landscape design on individual sites, or to coordinate the landscape design
in an area, it may be necessary to depart from the strict application of landscaping requirements. An
application for such departure must be processed per 38.760.050.
B. The application for departure must be accompanied by written and graphic material sufficient to
illustrate the conditions that the modified standards will produce, so as to enable the review authority
to determine that the departure will produce an environment, landscape quality and character
superior to that produced by the existing standards, and will be consistent with the purpose of this
division. Upon such a finding, the review authority may authorize departures of up to 20 % from
landscape design standards contained herein.
C. Departure criteria that support city water use efficiency goals are outlined in detail in the most recent
version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual.
sec. 38.540.100. - Landscape and irrigation completion.
All landscaping and irrigation must be completed or secured in accordance with the provisions of
38.780. The applicant must demonstrate satisfactory establishment of all seeded areas or guarantee
establishment for a minimum two year period following occupancy.
sec. 38.540.110. - General maintenance.
A. Required landscaping must be maintained in a healthy condition at all times. The property owner is
responsible for regular maintenance of all plantings as needed. However, the city forestry department
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-64 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
is responsible for pruning or removing any tree in a city right-of-way or park. Any plant that dies
must be replaced with another living plant that complies with the approved landscape plan. Failure
to maintain required landscaping in a healthy condition at all times may result in enforcement per
38.700.160. When enforcing this provision of this chapter, external factors such as seasonality and
availability of landscape stock must be considered before any action to revoke an occupancy permit
is taken.
B. Any damage to utility lines, resulting from the negligence of the property owner or the owner's
agents or employees in the installation and maintenance of required landscaping or irrigation in a
utility easement, is the responsibility of the property owner. If a public utility disturbs a landscaped
area in a utility easement, it must make every reasonable effort to preserve the landscaping materials
and irrigation system and return them to their prior locations and operations after the utility work. If,
nonetheless, some plant materials die, or irrigation system components are irrevocably damaged, it is
the obligation of the property owner to replace the plant materials and irrigation system components.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-65 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.550. - SIGNS
sec. 38.550.010. -
Figure 38.550-1. Signs.
Findings and purpose.
A. Findings.
1. Signs obstruct views, distract pedestrians and motorists, displace alternative uses for land, and
may create hazards that threaten the public health and safety. Such a safety threat is particularly
significant for signs that are structurally inadequate, confuse drivers or pedestrians, or interfere
with official directional or warning signs.
2. Signs may also threaten the public welfare by harming property values and creating aesthetic
concerns, especially where the accumulation of signs creates visual clutter or obstruct scenic
vistas.
3. The ability to erect signs serving certain functions, such as address signs and directional signs, are
important because they enable residents and visitors to efficiently and safely reach their intended
destinations.
4. The regulation of the physical characteristics of signs in the city has a positive impact on the
safety and appearance of the community.
5. The purposes described in this section are compelling interests and the regulations in this division
are narrowly tailored to serve those interests while allowing adequate alternative avenues for
speech.
B. Purpose.
It is the purpose of this division to promote the health, safety and welfare of the residents and
visitors of the city by regulating and controlling the size, location, type, quality of materials, height,
maintenance and construction of all signs and sign structures not located within a building, or within
a building and visible from the exterior for the following reasons:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-66 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
1. To ensure that pedestrians and motorists are protected from damage or injury caused by or partly
attributable to the distractions and obstructions which are caused by improperly situated or
dangerously distracting signs;
2. To preserve the Bozeman area's natural scenic beauty and character as expressed in adopted city
plans and policies;
3. To contribute to inviting entrances into the city by eliminating clutter associated, in part, with the
unrestricted proliferation of signs, lights and stringed devices;
4. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community's built and natural environment;
5. To give all persons, organizations and businesses an equal opportunity to have a sign that will help
people find the goods and services they need; and
6. To encourage economic development.
C. The provisions of this division provide a reasonable balance between a person's right to identify their
organization or business, or to freely express thoughts and ideas, and the interest of the public to be
protected from the visual discord and distraction that results from the unrestricted proliferation of
signs. Section 34.340.070 establishes certain exemptions, and alternative procedures utilizing design
review. The deliberations and decisions of the design review must be directed to accomplish the
purposes of this section.
D. This division must be interpreted in a manner consistent with the Federal and State Constitution's
guarantee of free speech.
sec. 38.550.020. - Sign permit requirements.
If a sign requiring a permit under the provisions of this division is to be placed, constructed, erected
or modified on a zone lot, the owner of the lot must obtain a sign and building permit prior to the
construction, placement, erection or modification of such a sign. Furthermore, the property owner must
maintain in force, at all times, a permit for such sign. No permit of any kind may be issued for an existing
sign or proposed sign unless such sign is consistent with the requirements of this division. Murals as
defined in 38.800.140 are not subject to this division but may be subject to the provisions of 38.240.020.
sec. 38.550.030. - Prohibited signs.
A. All signs not expressly permitted under this division, or exempt from the provisions of this division, are
prohibited in the city. Such signs include, but are not limited to:
1. Portable signs (except as allowed under chapter 34, article 5);
2. Roof signs;
3. Revolving signs, except as permitted in 38.550.060;
4. Beacons, spotlights;
5. Flashing, blinking, or animated signs;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-67 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
6. LED, digital, or other electronic messaging signs except for incidental signs as defined in
38.800.100;
7. Pennants, streamers, wind socks, pinwheels, feather flags, feather banners, or similar items;
8. Stringed flags;
9. Inflatable signs and tethered balloons (except as permitted per 38.550.040);
10. Signs located in public rights-of-way (except for those specifically permitted in this division); and
11. Signs that:
a. Contain structural components such as size, location, movement, coloring, or manner of
illumination that are similar to or which may be confused with or construed as a traffic
control or hazard warning device; or
b. Interfere with the traveling public's view of a traffic or hazard warning sign or signal.
sec. 38.550.040. - Temporary signs; permit required.
A. Excluding those signs subject to 38.550.050, temporary signs as defined in 38.700.210 may be
permitted only as follows:
1. Temporary signs may be permitted only with an approved temporary sign permit.
2. All temporary signs must comply with size, height, and location requirements of this division.
3. A property may have temporary sign(s) on display for no more than 30 cumulative days per
calendar year (January 1 to December 31). A new business or nonprofit organization, during its
initial calendar year in business or in existence, may display temporary sign(s) for a maximum of
60 consecutive days.
4. Itinerant vendors as defined in section 12.01.010.A will receive information about allowable
temporary signs at the time the vendor applies for a business license, but a temporary sign permit
is not required if the itinerant vendor is operating for seven days or less.
5. A person who conducts seasonal operations, such as garden greenhouses, boat showrooms, or
ski rental facilities, may apply for a longer term temporary sign permit which may be approved for
a period not to exceed 180 days.
6. One temporary sign per street frontage is allowed.
sec. 38.550.050. - Signs exempt from permit requirements.
A. The following signs are exempt from the permitting requirements of this division but must comply
with the criteria for signs allowed by this division, except the criteria in 38.560.060. In order to be
exempt from sign permit requirements, such signs must not be internally illumined, cause glare, cast
light onto adjacent property, be placed in sight vision triangles, or otherwise impede or obstruct the
view of the traveling public:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-68 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
1. All zones.
a. Government and public utility signs. Directional, warning, street, traffic control, informational
or temporary signs that are erected, installed or placed by or on behalf of or required by
any transportation agency of a federal, state, county or city government. Public utility
signs showing locations of underground facilities or public telephones, and safety signs on
construction sites are included within this exemption.
b. Incidental signs as defined in 38.800.100.
c. Ghost signs. A ghost sign as defined in 38.800.080 may be, but is not required to be,
stabilized, rehabilitated or preserved to its original condition, design and size. A ghost sign
may not be altered in any way that changes its original design, wording, or size.
d. Sign on property that is for sale, rent, or lease. One temporary sign in addition to that
otherwise allowed by this section may be located on property when the owner consents
and the property is being offered for sale, rent, or lease for a period not exceeding 15 days
following the closing date.
(1) On all sites less than 1 acre (43,560 square feet) in size, or containing 8 or fewer dwelling
units for sale, rent, or lease, the sign may not exceed nine square feet in total area and
may be no more than five feet high.
(2) On sites 1 acre (43,560 square feet) or greater in size, or containing 9 or more dwelling
units for sale, rent, or lease, or located in commercial zoning districts, the sign may not
exceed 32 square feet in total area and may be no more than five feet high.
2. Residential zones (R-A, R-B, R-C, R-D, REMU [residential uses]).
a. Non-commercial temporary signs that do not exceed nine square feet per individual sign in
total area at any particular time and, if freestanding, five feet in height. A total sign area of not
more than 32 square feet may be displayed at the same time.
b. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post a temporary commercial sign only during the period the business is
actively working on the site and up to three days after the business' work on the site is
completed. Each such sign on a single lot at any particular time may not exceed 32 square
feet per individual sign in total area and, if freestanding, may not exceed five feet in height.
Such signs are not considered off-premises advertising so long as the identified business is
actively engaged on the site.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-69 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
c. Commercial uses in the residential R-B, R-C and R-D districts may install the same types of
exempt signs allowed in commercial districts.
3. Commercial and manufacturing zones (B-1, B-2, B-2M, B-3, B-3C, M-1, M-2, B-P, PLI,
NEHMU, REMU [mixed-use, non-residential]).
a. Window signs, provided that such signs do not occupy more than 25 % of the area of the
window in which it is displayed. If the window sign(s) exceeds 25 % of the area of the window,
it will be classified as a wall sign. For the purposes of this section, a window is a transparent
glass opening in a wall separated from other glass openings by mullions or other dividers of
four inches or less in width.
b. Signs within a structure or building or other enclosed area of property when such signs are
not legible when viewed from outside the structure or property.
c. Non-commercial temporary signs; such signs must not exceed 32 square feet in total area,
must be no more than five feet high and must be at least five feet from the property line when
the required setback is in excess of five feet.
d. Businesses working at a construction site may post temporary commercial signs on the site
with the property owner's permission. Each such sign on the site may not exceed 32 square
feet in total area, may be no more than five feet high and must be at least five feet from the
property line. Such signs are not considered off-premises advertising so long as the business
is actively engaged on the site.
sec. 38.550.060. - Signs permitted upon the issuance of a sign permit.
A. The following on-premises signs may be permitted in the indicated zones with an approved sign
permit. Where two values are listed in a cell, the larger value of the two listed applies when a building
is located on a lot with no parking or other vehicular use area between the building facade and the
street right-of-way, or between the building facade and a public pedestrian right-of-way adjacent to
a street.
Table 38.550.060-1. Non-Residential Sign Standards - B-1, B-2, B-2M, B-3, B-3C, M-1, M-2 Districts
Zoning District B-1 B-2, B-2M B-3, B-3C M-1 M-2
Maximum sq. ft. area 80 per
building
400 per
building
250 per
building
250 per
building
250 per
building
Allowed sq. ft. sign area
per linear foot of building
frontage first 25 feet
1.5 or 2 2 or 3 2 2 or 3 2 or 3
Allowed sq. ft. sign area per linear foot of building
frontage > 25 feet
1 1.5 1.5 1.5 1.5
Allowed sq. ft. of wall sign authorized adjacent to an alley in addition to the otherwise authorized maximum sign area
9 9 9 9 9
Monument max. size sq. ft. 32 32 32 32 32
Monument max. height 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5'
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-70 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.550.060-1. Non-Residential Sign Standards - B-1, B-2, B-2M, B-3, B-3C, M-1, M-2 Districts
Zoning District B-1 B-2, B-2M B-3, B-3C M-1 M-2
Pole style max. height Prohibited 13' 13' 13' 13'
Pole style setback Prohibited 15' 15' 15' 15'
Pole style clearance Prohibited 8' 8' 8' 8'
Pole sign max. sq. ft. Prohibited 32 32 32 32
Projecting sign max. area 8' 8' 12' 8' 8'
Projecting sign max. distance 4' 4' 6' 4' 4'
Rotating sign max area 2.5 sq. ft. 2.5 sq. ft. 2.5 sq. ft. Prohibited Prohibited
Table 38.550.060-2. Non-Residential Sign Standards - B-P, PLI, NEHMU, REMU Districts
Non-Residential Uses
Zoning District B-P PLI R-B R-C, R-D NEHMU REMU
Maximum sq. ft. area 250 per
building
250 per
building 60 sq. ft.60 sq. ft.250 per
building
250 per
building
Allowed sq. ft. sign area
per linear foot of building
frontage first 25 feet
2 or 3 2 or 3 1.5 2 or 3 2 or 3 2 or 3
Allowed sq. ft. sign area
per linear foot of building
frontage > 25 feet
1.5 1.5 1.5 1.5 1.5 1.5
Allowed sq. ft. of wall
sign authorized adjacent
to an alley in addition to
the otherwise authorized
maximum sign area
9 9 9 9 9 9
Monument max. size sq. ft. 32 32 Prohibited Prohibited 32 32
Monument max. height 5' 5' Prohibited Prohibited 5' 5'
Monument setback 5' 5' Prohibited Prohibited 5' 5'
Pole style max. height 13' 13' Prohibited Prohibited 13' 13'
Pole style setback 15' 15' Prohibited Prohibited 15' 15'
Pole style clearance 8' 8' Prohibited Prohibited 8' 8'
Pole sign max. sq. ft. 32 32 Prohibited Prohibited 32 32
Projecting sign max. area 8' 8' 6'8' 8' 8'
Projecting sign max. distance 4' 4' 4'4' 4' 4'
Rotating sign max. area Prohibited Prohibited Prohibited Prohibited 2.5 sq. ft. Prohibited
1. Sign plan required.
A comprehensive sign plan pursuant to 38.550.080 must be approved prior to installation of
signage for all commercial centers or buildings consisting of two or more tenant spaces on a lot..
2. Freestanding signs.
One freestanding sign may be permitted per zoned lot as defined in 38.800.070. Signage area
used for freestanding signs is counted towards the maximum allowed signage area.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-71 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
3. Wall signs.
a. Regardless of the allowance for additional area, the maximum area may not exceed the
amount allowed for the district.
b. Lots fronting on two or more streets may be allowed signage area for each building frontage.
c. Canopy, window and awning signs are considered wall signs. Wall signs may not project
above the top of a wall or parapet.
4. Projecting signs.
One projecting sign per tenant may be permitted, unless otherwise approved through a
comprehensive sign plan. Projecting signs must provide a minimum sidewalk clearance of eight
feet.
A rotating sign located within the building does not need to provide the minimum sidewalk
clearance height. A rotating sign exceeding a rotational speed of one full rotation in two seconds
are prohibited.
5. Ghost signs.
Ghost signs as defined in 38.800.080 do not apply toward the maximum square foot signage
areas of Table 38.550.060-1 and Table 38.550.060-2.
B. Residential zones (R-A, R-B, R-C, R-D, 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 or 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 principal residential uses, all special uses, and home-based
businesses.
a. Signs not to exceed four square feet in total area may be permitted for principal residential
uses and permitted home-based businesses; however, such signs must be wall signs. In
addition, home-based businesses 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.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-72 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
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.
c. Permitted non-residential type uses, for community centers, golf courses, day care centers,
or other allowed uses may be permitted signage calculated per Table 38.550.060-2 and for a
district not listed in Table 38.550.060-2 by frontage as if the underlying zoning were B-1 but
may not exceed 60 square feet.
d. Permitted special use residential uses such as homes used as bed and breakfasts may
be permitted signage as if the underlying zoning were B-1, subject to the following
modifications: Such signs may be illuminated only during the hours of operation;
(1) The allowed sign are per linear foot of building frontage is half that amount shown for
the B-1 district in Table 38.550.060-1 and may not exceed 60 square feet;
(2) Monument signs are limited to a maximum of 12 square feet in area; and
(3) Rotating/revolving signs are prohibited.
e. All other allowed non-residential uses calcluate total allowed signage per B-1 district but may
not exceed 60 square feet and may not have a free standing sign.
4. Legacy planned unit developments.
Commercial establishments within legacy planned unit developments where the underlying
zoning is residential may be permitted signage as if the lot were in a B-1 zone.
C. Special districts and zones.
The provisions of this division apply to all zoning districts unless otherwise addressed below:
1. Neighborhood conservation overlay district.
Within this district, prior to the installation of a sign, the city must approve a certificate of
appropriateness for all non-temporary signage after review for compliance with the design
guidelines for the neighborhood conservation overlay district.
2. Downtown business district.
Permits for signs in the downtown business district as defined in section 34.05.020.A that
encroach into the public right-of-way must be obtained in accordance with chapter 34, article 5
of the Bozeman Municipal Code.
D. Measurement.
1. Area.
a. The area of a sign is computed by enclosing the entire area within any type of perimeter or
border which may enclose the outer limits of any writing, representation, emblem, figure or
character together with any other material or color forming an integral part of the display or
used to differentiate such sign from a building on which it is placed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-73 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
b. The area of a sign having no such perimeter is computed by enclosing the entire area within
parallelograms, triangles, or circles in a size sufficient to cover the entire area of the sign copy
and computing the size of such area.
c. In the case of a two-sided sign, the area is computed as including only the maximum single
display surface which is visible from any ground position at one time. If the angle between the
two sign faces is greater than 45 degrees, the sign area will be the sum of the areas of the two
faces.
d. In the case of any spherical, conical, or cylindrical sign, one-half of the total surface area is
computed as the area of the sign.
e. The supports or uprights on which any sign is supported are not included in determining
the sign area unless such supports or uprights are designed in such a manner as to form an
integral background of the sign.
Figure 38.550.060-1. Area of signs.
2. Height.
a. Height of low profile sign.
The vertical distance between the finished grade and the highest component of the sign.
b. Height of pole style sign.
The vertical distance between the elevation of the adjacent street curb, or edge of pavement,
if no curb exists, to the highest attached component of the sign. In the event that the
finished grade of the sign location is higher, or lower, than the adjacent street curb or edge
of pavement, the height is determined as the vertical distance from the median elevation
between the adjacent street curb or edge of pavement and the lowest finished grade at the
base of the sign to the highest attached component of the sign.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-74 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
3.
Figure 38.550.060-2. Height of pole style sign.
Frontage length.
a. Building frontage length.
For the purposes of this section, the frontage length of a building located on the exterior of a
lot (with no other buildings between the subject building and a street lot line) is measured in
linear feet using the methods described in 38.260.110.C.4.
b. Building frontage length interior to a lot.
Buildings located interior to a lot (with other buildings between the subject building and a lot
line) are measured in the same manner as 3.a. above, by projecting lines at a 90-degree angle
from the ends of the subject building out to the street lot line.
sec. 38.550.070. - Wayfinding signage.
A. Purpose.
Wayfinding signs serve to assist travelers in navigating the larger community and identifying defined
districts. Wayfinding signs or kiosks are not intended to serve as off-premises advertising for
individual entities.
B. Defined districts.
To qualify as a district an area must have a significant commonality of purpose and identity, and
shared functions serving the larger community. Designation as a district is at the discretion of the
city and will only be granted when found to be consistent with the purpose of this division and the
city's other adopted regulations, policies and plans. Approval of district designation is the duty of the
review authority, who must make written findings of the decision.
C. Description.
Wayfinding signage is intended to add to the district's "sense of place" and may include district
identification signs, directory signs to designate shared or common spaces such as parking facilities,
parks, trails and open space. It may also include pedestrian-scale informational kiosks to announce
district events and/or to list a directory that corresponds with a map presented in the kiosk.
Wayfinding signs may not advertise specific businesses or otherwise constitute off-premises signs.
Wayfinding signage is permitted within districts only after approval of a comprehensive wayfinding
signage plan.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-75 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
D. Required submittal.
Submittal of a comprehensive signage plan for wayfinding must be made by a single individual or
entity legally authorized to represent the area within the plan and with the consent of the relevant
governing authority. In addition to the requirements of 38.550.080, a comprehensive signage plan for
wayfinding must:
1. Include a description of the installation and maintenance program for the signs including, but
not limited to: who is responsible for installation and maintenance; identified reliable funding
for installation and maintenance; contact plan for the responsible individual; and a description
of how the sign program will be kept updated or removed. If the signs are to be illuminated, a
description of how the power source may be removed and made safe must be included.
2. Demonstrate how it will enhance the streetscape by promoting a unified and enhanced visual
aesthetic consistent with the streetscape design elements in the district; coordinate information
for pedestrians and drivers in a clear, consistent, and understandable format, and reduce visual
clutter.
3. Include information on how the district stakeholders were given opportunity to collaboratively
participate in the selection of the sign types and designs.
4. Clearly describe the hierarchy of signs and include the criteria for determining sign placement
and size. Any signs intended to be read from the right-of-way must comply with the lettering
standards of the Manual for Uniform Traffic Control Devices for the road type and speed.
5. Include signage elevations and plans with corresponding map, designating sign types and
locations.
E. Design standards.
The wayfinding signs must include and meet the following standards and provisions:
1. Color schemes, fonts and materials.
Coordinated color schemes, fonts and materials, including base supports, cabinet details and
mounting methods, must serve to distinguish wayfinding signage within the district from other
districts.
2. Lighting.
Lighting is not required. If any lighting is proposed, the wayfinding signage plan must include cut-
sheets and lighting details in accordance with the standards established in 38.560.
Photovoltaic panels to provide power, where appropriate, are encouraged.
3. Size and location.
Signage may be located within required setbacks and may be located within the right-of-way,
with approval from the applicable review agencies including the city and/or the state department
of transportation. Restrictions for signs within the public right-of-way may be more strict than
those on private property in order to avoid conflict or confusion with official regulatory and
warning signs or interference with travel.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-76 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
4. Wayfinding signs must comply with the following standards:
a. Wayfinding signs that are affixed to a light post, traffic post or sign within the right-of-
way may not exceed four square feet in area and are limited to one sign per block face (or
equivalent).
b. Any signs intended to be located within the right-of-way must comply with the construction
standards of the Manual for Uniform Traffic Control Devices.
c. Freestanding wayfinding kiosks or signs are limited to one sign per two blocks (or equivalent),
may not exceed 30 square feet in area per face and may not exceed seven feet in height.
d. Wayfinding signage may be located within the street-vision triangle at intersections controlled
by a traffic light.
e. Decorative features including but not limited to post caps may extend an additional two feet
for a total of nine feet in height.
f. Photovoltaic panels are exempt from the height requirement.
g. Business names, logos, or other marks identifying specific parties may be on a directory list or
map in a kiosk but may not exceed one inch in height.
h. Wayfinding signage may not interfere with the clear passage of pedestrians or vehicles, or
otherwise cause safety hazards.
i. Wayfinding signs may not obscure or obstruct any existing regulatory, warning, or parking
control signs.
5. Wayfinding signs are allowed for parks, or for districts containing more than 30 acres of platted
lots.
6. A performance bond or other surety acceptable to the city may be required for the maintenance,
replacement, updating, and/or removal of signs in an amount acceptable to the city.
sec. 38.550.080. - Comprehensive sign plan.
A. A comprehensive sign plan must be submitted for all commercial, office, industrial and civic uses
consisting of two or more tenant or occupant spaces on a lot, or two or more lots subject to a
common development permit or plan. A comprehensive sign plan will not be approved unless it is
consistent with this division, the underlying zoning regulations applicable to the property and any
discretionary development permit or plan for the property. The plan should include the size and
location of buildings and the size and location of existing and proposed signs. The purpose of the
plan is to coordinate graphics and signs with building design. The coordination must be achieved by:
1. Using the same type of cabinet supports or method of mounting for signs of the same type; using
the same type of construction for components, such as sign copy, cabinet and supports; or using
other integrating techniques, such as common color elements, determined appropriate by the
review authority.
2. Using the same form of illumination for all signs, or using varied forms of illuminations
determined compatible by the review authority.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-77 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
B. A comprehensive sign plan must include an overall signage calculation for the building(s) or
development consistent with the requirements of 38.550.060, and a method of property owner
distribution of the allowable signage to each tenant or condominium owner space.
sec. 38.550.090. - Multi-tenant complexes with < 100,000 SF of ground
floor area.
The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
The maximum permitted wall sign area allowed for each tenant space is the percentage of the
total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed by
38.550.060.A.2 or 38.550.060.B.2, unless otherwise allocated in an approved comprehensive sign
plan per 38.550.080. If the lot has more than one building frontage, the individual tenant space may
derive sign area only from the frontage(s) which the space faces. Lots under this section are allowed
a low profile sign that identifies the complex, which conforms to this division, in addition to the sign
area already permitted under 38.550.060.A.2 or 38.550.060.B.2.
sec. 38.550.100. - Multi-tenant complexes with > 100,000 SF of ground
floor area.
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. Freestanding signs.
a. Pole-style signs.
One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in
height is permitted. The signage area computed for a pole-style sign may not be subtracted
from the maximum allowable wall signage permitted for the entire complex.
b. Low profile signs.
One low profile sign is permitted at each secondary entrance of the complex, provided each
sign may not exceed 32 square feet in area, nor five feet in height, and is set back a minimum
of five feet from the property lines. All low profile signs may only identify the complex and
must display the street number address in figures which are at least six inches high. Low
profile signs complying with these regulations will not be factored when calculating the
maximum permitted wall sign area.
2. Wall signs.
Each tenant is permitted wall signage square footage calculated from 1.5 times the linear store
frontage. For the maximum allowable total signage, please see Table 38.550.060-1 and Table
38.550.060-2.
sec. 38.550.110. - Indoor shopping mall complexes with > 100,000 SF of
ground floor area.
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-78 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
1. Freestanding signs.
a. Pole-style signs.
One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in
height is permitted. The signage area computed for a pole-style sign may not be subtracted
from the maximum allowable wall signage permitted for the entire complex.
b. Low profile signs.
One low profile sign is permitted at each secondary entrance of the complex, provided each
sign may not exceed 32 square feet in area, nor five feet in height, and is set back a minimum
of five feet from the property lines. All low profile signs may only identify the complex and
must display the street number address in figures which are at least six inches high. Low
profile signs complying with these regulations will not be factored when calculating the
maximum permitted wall sign area.
2. Wall signs.
Each anchor tenant occupying 20,000 square feet or more is permitted 300 square feet of wall
signage. Each tenant with an exclusive outdoor customer entrance is permitted wall signage
square footage calculated from five % of the ground floor area.
sec. 38.550.120. - Illumination.
A. Illumination, if any, must be provided by artificial light which is constant in intensity and color.
Internally illuminated "can signs" are acceptable provided background and copy are coordinated to
avoid excessive light output. Neon and other gas type transformers are limited to 60 milliamperes
and fluorescent transformers are limited to 800 milliamperes to soften light output. The output of
lumens from lighting provided by other types of light emitters may not exceed that emanating from
gas type transformers as regulated in this subsection A. Additionally, neon and other gas type signs
with exposed tubing must be equipped with dimmers.
B. Externally illuminated, wall-mounted, and pole signs must be lighted by fixtures mounted at the top
of the sign and aimed downward; ground-mounted sign lighting must only be used for monument
style signs. Fixtures used to illuminate signs must be aimed so as not to project their output beyond
the sign.
sec. 38.550.130. - Street vision triangles.
Signs may not be placed in sight vision triangles as they are established in 38.400.100, unless specifically
authorized in this division.
sec. 38.550.140. - Required address signs.
Street numbers are required for all residential, commercial, industrial, and civic uses in all zones. All
building numbering must comply with article 7 of chapter 10.
sec. 38.550.150. - Billboards and other off-premises advertising.
A. Off-premises commercial advertising signs are not permitted within the city limits except as
permitted by state or federal law.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-79 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
1. Exception:
a. Transit shelters: Off-premises signs may be placed on the interior of transit shelters reviewed
and approved by the city and served by an active fixed route transit service. Signs within a
transit shelter may not distract drivers of vehicles nor be legible from driving lanes.
b. Ghost signs: Ghost signs are not considered to be off-premises signage.
c. Historic signs: Historic or culturally significant signs designated per 38.550.170.
sec. 38.550.160. - Signs erected in conjunction with nonprofit activities
on public property.
A. Signs erected on public property by or on behalf of nonprofit organizations are allowed only with the
prior consent of the director of the department of the city or other government agency responsible
for the property only as follows:
1. The sign may be permitted only on structures in public parks or other publicly owned lands.
2. The sign may be erected two weeks prior to the commencement of the activity and must be
removed within two weeks after the cessation of the activity for which the sign was erected.
3. Each individual sign may be no larger than 32 square feet. Freestanding signs must be setback
a minimum of 15 feet from the property line and have a maximum height of five feet. Signs
attached to walls or scoreboards are not subject to the five foot height limitation. However, signs
attached to walls or scoreboards may not exceed the height of the wall or scoreboard to which
they are attached. All signs must be oriented towards spectators attending the activity.
4. The sign may not:
a. Be individually illuminated; nor
b. Be placed in sight vision triangles or otherwise impede or obstruct the view of the traveling
public.
5. Applicants for such signs must apply for, and have approved, a temporary sign permit detailing
the physical characteristics of the sign to be erected and the duration of the activity or date of the
event. Applications and review procedures must be made per 38.550.180.
sec. 38.550.170. - Historic or culturally significant signs.
A. Review process.
Signs which have historical or cultural significance to the city but do not conform to the provisions of
38.560 may be permitted to remain provided that the review authority makes written findings the sign
meets required criteria. Replacement of the sign invalidates prior findings and new signs must meet
current requirements except as allowed in C.
B. Criteria for historic or culturally significant signage.
Signs may be found to be significant if applicant can document the sign to have been initially installed
on the site at least fifty years previously and meet one or more of the following criteria. A previously
existing but removed sign may be reconstructed so long as it meets the following criteria and must
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-80 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
meet the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines
for Reconstruction, published by U.S. Department of the Interior, National Park Service, Cultural
Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C.
1. If the sign is unique in its design and construction or is integral to the building’s design or physical
fabric.
2. If the sign represents a particular historical period, is included with a historic district, is associated
with a historic landmark, or is associated with historic figures or events.
3. If the sign is recognized because of its prominence and is an icon. A sign may be considered an
icon when it has been visible for a long time, visible from many vantage points, and its familiarity,
size, or uniqueness surpass its initial function as a vehicle of information.
C. Interaction with other parts of Division 38.560.
1. Signs designated significant do not count towards the allowed square feet of sign area as
determined in 38.560.060 BMC.
2. Signs designated significant are not prohibited off-premises signage as determined in 38.560.150.
3. Signs designated significant may be permitted to have flashing, blinking, or other features that
are prohibited in 38.560.030 to retain historic design. The sign must not create a public safety
hazard, imitate traffic control, or imitate other public safety signage. Signs with design features
not currently allowed must use the original methods to recreate the feature.
4. No change in the sign copy is allowed unless the applicant can demonstrate that the change in
copy does not alter the historic or contributing elements of the sign character.
sec. 38.550.180. - Application.
An application for a sign must be made on forms provided by the community development department.
The application must contain sufficient information and plans to permit review pursuant to this division
including, but not limited to, building elevations; photographs; proposed locations of signs on building
elevations; sign design layout showing number, types and dimensions of all signs; and a site plan showing
proposed location of all signs.
sec. 38.550.190. - Maintenance of permitted signs.
All signs must be continuously maintained in a state of security, safety and repair. Abandoned signs and
sign support structures must be removed. If any sign is found not to be so maintained, or is in need of
repair or has been abandoned, the owner and the occupant of the premises must repair or remove the
sign within 14 calendar days after receiving written notice to do so from the city. If the sign is not so
repaired or removed within such time, the city may cause the sign to be removed at the expense of the
owner of the premises.
Exceptions: Ghost signs are not required to be maintained or preserved, nor are they required to be
removed, unless the City determines such action is necessary to protect the public health, safety and
general welfare.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-81 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.550.200. - Nonconforming signs.
A. The purpose of this section is to eliminate existing signs that are not in conformity with the provisions
of this division.
B. Except as otherwise provided within this section, the owner of any zone lot or other premises on
which a sign exists that does not conform with the requirements of this division and for which there
is no prior, valid sign permit must remove such sign.
C. All signs which were legally permitted prior to June 22, 1997, are considered legal, permitted signs
under this division. Except as provided for in subsection D below, such signs, if nonconforming with
this division, must not be:
1. Replaced, except with a conforming sign;
2. Changed in copy (except for signs specifically designed to be changed in copy, such as reader
boards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated except as allowed below.
D. No legal, nonconforming sign may be altered or enlarged in any way which increases its
nonconformity, but any existing signage, or portions thereof, may be altered by decreasing its
nonconformity.
E. Any lot with a nonconforming sign may not add, relocate, or replace signage, except as provided
below, until all signs on the lot are brought into conformance with this division. The exceptions listed
below do not apply to off-premises signs.
1. Any site modification reviewed only as a permit type described in 38.740.050, 38.740.060,
38.740.070, 38.740.120, or 38.740.130.
2. A sign legally permitted prior to June 22, 1997 which must be relocated due to a physical
alteration to or expansion of a public right-of-way.
sec. 38.550.210. - Substitution.
A. Any sign allowed under this division may contain, in lieu of any other message or copy, any lawful
non-commercial message, so long as the sign complies with the size, height, area and other
requirements of this division. Severability.
B. Where any word, phrase, clause, sentence, paragraph, or section or other part of this division is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such
judgment will affect only that part held invalid and such decision will not affect, impair or nullify this
chapter as a whole or any other part thereof.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-82 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Division 38.560. - LIGHTING
Figure 38.560-1. Lighting.
sec. 38.560.010. - Purpose.
The purpose of this division is to:
A. Provide lighting in outdoor public places where public health, safety and welfare are potential
concerns;
B. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources that shine into
their eyes and thereby impair safe travel;
C. Protect neighbors and the night sky from nuisance glare and stray light from poorly aimed, placed,
applied, maintained or shielded light sources;
D. Protect and maintain the character of the city;
E. Prevent excessive lighting and conserve energy; and
F. Provide adequate lighting for safe pedestrian and bicycle travel.
sec. 38.560.020. - General.
A. With the exception of street lighting, lighting is not required. If installed, all lighting must comply with
the requirements of this division.
B. This division applies to all lighting for subdivisions, land uses, developments and buildings. In
addition, any site modification that requires a certificate of appropriateness, site plan review or reuse
application will necessitate compliance for all existing and proposed lighting on the site.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-83 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
C. The provisions of this division are not intended to prevent the use of any design, material or method
of installation or operation not specifically prescribed herein, provided any such alternate has been
approved by the review authority. Prior to approval the review authority must make findings that:
1. The lighting provides at least approximate equivalence to the applicable specific requirements of
this division; and
2. The lighting is otherwise satisfactory and complies with the purpose of this division.
sec. 38.560.030. - Street lighting.
Street lighting consists of street lighting and pathway intersection lighting, and must comply with the City
of Bozeman Design and Construction Standards.
sec. 38.560.040. - Site lighting.
A. Parking lot lighting.
1. Basic lighting provides for the safety of customers and employees during business hours, and for
the security of on-site, outside storage of goods and/or materials.
2. Security lighting provides for the safety of employees during nonbusiness hours, and for the
security of on-site, outside storage of goods and/or materials.
Table 38.560.040-1
Basic Lighting Security Lighting
Minimum horizontal illuminance
in maintained footcandles 0.2 0.5
Minimum vertical illuminance in
maintained footcandles 0.1 0.25
Uniformity ratio, maximum: minimum 20:01 15:00
Source: Parking Lot Lighting, Illuminating Engineering Society of North America, 1998.
B. Building entrances.
Illuminance for building entrances (including commercial, industrial, institutional and municipal) must
average 5.0 maintained footcandles.
C. Car dealership lighting.
Table 38.560.040-2
Area Maximum Illuminance on Pavement (in Maintained
Footcandles)Uniformity Ratio
Maximum: minimum
Main business districts
Adjacent to
roadway 10—20 5:01
Other rows 5—10 10:01
Entrances 5—10 5:01
Drive aisles 2—3 10:01
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-84 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
Table 38.560.040-2
Area Maximum Illuminance on Pavement (in Maintained
Footcandles)Uniformity Ratio
Secondary business districts
Adjacent to roadway 5—10 5:01
Other rows 2.5—5 10:01
Entrances 2.5—5 5:01
Drive aisles 1—2 10:01
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.
D. Service station or gas pump area lighting.
Table 38.560.040-3
Area Description Average Illuminance on Described Area (in
Maintained Footcandles)
Approach with dark surroundings 1.5
Driveway with dark surroundings 1.5
Pump island area with dark surroundings 5
Building façades with dark surroundings 2
Service areas with dark surroundings 2
Landscape highlights with dark surroundings 1
Approach with light surroundings 2
Driveway with light surroundings 2
Pump island area with light surroundings 10
Building façades with light surroundings 3
Service areas with light surroundings 3
Landscape highlights with light surroundings 2
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North America, 1998.
E. Site lighting support structures.
The ballasts; pole type, strength and anchor bolts; and pole foundation must be appropriate for the
proposed lighting and must be installed per the manufacturer's recommendations. Height must be
measured from grade. Except as allowed in 38.560.050 and 38.560.070, light poles for parking lot
lighting may not exceed 25 feet.
F. Site lighting installation and maintenance.
1. For new installations, electrical feeds for fixtures mounted on poles must be run underground,
not overhead.
2. Poles supporting lighting fixtures for the illumination of parking areas and located directly behind
parking spaces must be placed a minimum of five feet outside the paved area or on concrete
pedestals at least 30 inches high above the pavement, or suitably protected by other approved
means.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-85 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
3. Lighting fixtures and ancillary equipment must be maintained so as always to meet the
requirements of this section.
G. Miscellaneous site lighting specifications.
Except as otherwise allowed in this section, all lighting must comply with the following requirements:
1. All outdoor lighting, whether or not required by this section, must be aimed, located, designed,
fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing
their ability to safely traverse and so as not to create a nuisance by projecting or reflecting
objectionable light onto a neighboring use or property.
2. All outdoor lighting fixtures must be shielded in such a manner that no light is emitted above a
horizontal plane passing through the lowest point of the light emitting element, so that direct
light emitted above the horizontal plane is eliminated.
3. Except for residential lighting, street lighting, pathway intersection lighting and security lighting,
all lighting must be turned off between 11:00 p.m. and 6:00 a.m. Exceptions will be granted to
those businesses which operate during these hours; such lighting may remain illuminated only
while the establishment is actually open for business.
4. Vegetation screens may not serve as the primary means for controlling glare. Rather, glare
control must be achieved primarily through the use of such means as cutoff fixtures, shields and
baffles, and appropriate application of fixture mounting height, wattage, aiming angle and fixture
placement.
5. All outdoor lighting must be designed and located such that the maximum illumination measured
in footcandles at the property line may not exceed 0.3 onto adjacent residential properties and
1.0 onto adjacent commercial properties and public rights-of-way.
6. Externally illuminated wall-mounted and pole signs must be lighted by fixtures mounted at
the top of the sign and aimed downward; ground-mounted sign lighting may be used only for
monument style signs. Fixtures used to illuminate signs must be aimed so as not to project their
output beyond the sign.
7. Floodlights, spotlights or any other similar lighting may not be used to illuminate buildings or
other site features unless approved as an integral architectural element on the development
plan. On-site lighting may be used to accent architectural elements but not to illuminate entire
portions of buildings; building illumination may not exceed more than 15% of the total wall area
of a building. Where accent lighting is used, the maximum illumination on any vertical surface or
angular roof surface may not exceed 5.0 average maintained footcandles. Building façade and
accent lighting will not be approved unless the light fixtures are carefully selected, located, aimed
and shielded so that light is directed only onto the building façade and spillover light is eliminated.
Directional fixtures used to illuminate flagpoles (state, United States and/or foreign nations) may
project their output beyond the flagpole.
8. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity or color more than
once every 24 hours, or use intermittent electrical pulsation are prohibited.
9. Translucent awnings and canopies used for building accents over doors, windows, etc., may not
be internally lit (i.e., from underneath or behind).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-86 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
10. Searchlights, laser source lights or any similar high-intensity light are not permitted, except in
emergencies by police and fire personnel or at their direction, for meteorological data gathering
purposes, or for special events if a permit is obtained from the review authority.
sec. 38.560.050. - Sports and athletic field lighting.
Lighting for sports and athletic fields may need to exceed illumination standards for general recreational
needs in order to meet higher standards required for play. The city commission may approve relaxations
of these lighting standards provided that the following minimum standards are met:
A. Fixtures must be at least 70 feet in mounted height measured from grade;
B. If floodlights are used, they must not be aimed above 62 degrees and should use internal louvers and
external shields to help minimize light pollution;
C. Fixtures must be designed and aimed so that their beams fall within the primary playing area and the
immediate surroundings, so that off-site direct illumination is significantly restricted (spillover levels at
the property line must not exceed 0.3 footcandles); and
D. Lighting must be extinguished no later than one hour after the event ends.
sec. 38.560.060. - Lighting specifications for all lighting.
Light fixtures and standards must be compatible with the surrounding area, the subdivision or site design,
and the development's character and/or architecture.
A. Light fixtures.
Except as otherwise allowed in 38.560.050 and 38.560.070, all light fixtures must comply with the
following requirements:
1. In all light fixtures, the light source and associated lenses may not protrude below the edge of the
light fixture, and may not be visible from adjacent streets or properties.
2. Fixtures must be of a type and design appropriate to the lighting application.
3. For lighting horizontal areas such as roadways, sidewalks, entrances and parking areas, fixtures
must meet IESNA "full-cutoff" criteria (no light output emitted above 90 degrees at any lateral
angle around the fixture).
4. As needed, fixtures must be equipped with or be modified to incorporate light directing and/or
shielding devices such as shields, visors, skirts, internal louvers or hoods to redirect offending light
distribution and/or reduce direct or indirect glare.
sec. 38.560.070. - Historic lighting.
The city may relax lighting standards and requirements, with the exception of illumination levels, for the
provision of historic lighting in the neighborhood conservation overlay district. Historic lights must be
proposed as an integrated part of an overall development plan. The historic preservation planner will
review and approve the proposed lighting for historic appropriateness.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 5-87 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
sec. 38.560.080. - Post installation inspection.
The city reserves the right to conduct post-installation nighttime inspections to verify compliance with
the requirements of this section, and if appropriate, to require remedial action at no expense to the city.
sec. 38.560.090. - Compliance monitoring.
If the city finds that a lighting installation creates a safety or personal security hazard, the person
responsible for the lighting will be notified in writing and required to take remedial action within 30 days.
sec. 38.560.100. - Nuisance glare and inadequate illumination levels.
When the city finds that a lighting installation produces unacceptable levels of nuisance glare, skyward
light, excessive or insufficient illumination levels, or otherwise varies from this section, the city may notify
the person responsible for the lighting and require appropriate remedial action within 30 days. Lighting
meeting the standards of this division is not a nuisance.
sec. 38.560.110. - Nonconforming lighting.
Nonconforming lights can only be replaced with conforming lights. Site plans and special use permits
require lighting to become compliant. The city may require nonconforming lights to be replaced with
modifications/reuse applications.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20255-88 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 5 - PROJECT DESIGN
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 6. - NATURAL RESOURCE
PROTECTION
DIVISION 38.600. - FLOODPLAIN REGULATIONS ..................................................................6-3
Sec. 38.600.010. - Citation. ............................................................................................................................6-3
Sec. 38.600.020. - Authority. .........................................................................................................................6-3
Sec. 38.600.030. - Findings. ...........................................................................................................................6-3
Sec. 38.600.040. - Purpose. ...........................................................................................................................6-3
Sec. 38.600.050. - Land use restrictions. ....................................................................................................6-4
Sec. 38.600.060. - Disclosure provision. .....................................................................................................6-5
Sec. 38.600.070. - Abrogation and greater responsibility. .......................................................................6-5
Sec. 38.600.080. - Regulation interpretation. ............................................................................................6-5
Sec. 38.600.090. - Compliance with regulations. .....................................................................................6-5
Sec. 38.600.100. - Floodplain administrator. ..............................................................................................6-5
Sec. 38.600.110. - Regulated flood hazard areas. .....................................................................................6-5
Sec. 38.600.120. - Alterations to regulated flood hazard areas..............................................................6-6
Sec. 38.600.130. - Interpretation of regulated flood hazard area boundaries. ...................................6-6
Sec. 38.600.140. - Warning and disclaimer of liability. ..............................................................................6-7
Sec. 38.600.150. - Flood hazard evaluation. ................................................................................................6-7
Sec. 38.600.160. - Administration of regulations. .....................................................................................6-8
Sec. 38.600.170. - Subdivision and plan review and approval. .............................................................6-10
Sec. 38.600.180. - Floodplain permit application requirements. .........................................................6-12
Sec. 38.600.190. - Floodplain permit application review. ......................................................................6-14
Sec. 38.600.200. - Floodplain permit application notice requirements. ............................................6-15
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
Sec. 38.600.210. - Floodplain permit issuance. .......................................................................................6-15
Sec. 38.600.220. - Floodplain permit conditions and requirements. ..................................................6-16
Sec. 38.600.230. - Extensions to floodplain permit approval period. ..................................................6-17
Sec. 38.600.240. - Uses, activities, and artificial obstructions within regulated flood hazard areas
exempt from floodplain permitting, but subject to watercourse setbacks. ........................................6-17
Sec. 38.600.250. - Uses, activities, and artificial obstructions prohibited within regulated flood haz-
ard areas. ...........................................................................................................................................................6-18
Sec. 38.600.260. - Requirements for uses, activities, and artificial obstructions permitted in the
regulatory floodway subject to issuance of a floodplain permit. .........................................................6-19
Sec. 38.600.270. - Development requirements for uses, activities and artificial obstructions permit-
ted in the flood fringe subject to issuance of a floodplain permit. ......................................................6-23
Sec. 38.600.280. - Waiver of floodplain permit requirements prior to undertaking emergency repair
or replacement or temporary protective measures. ...............................................................................6-27
Sec. 38.600.290. - Variances. .......................................................................................................................6-27
Sec. 38.600.300. - Appeals. ..........................................................................................................................6-28
Sec. 38.600.310. - Enforcement. .................................................................................................................6-28
Sec. 38.600.320. - Penalty. ...........................................................................................................................6-29
DIVISION 38.610. - WETLAND REGULATIONS........................................................................6-30
Sec. 38.610.010. - Title and applicability. ...................................................................................................6-30
Sec. 38.610.020. - Purpose. ..........................................................................................................................6-30
Sec. 38.610.030. - Application of wetland regulations. ..........................................................................6-31
Sec. 38.610.040. - Wetlands boundary and jurisdictional determinations. ........................................6-32
Sec. 38.610.050. - Regulated activities. .....................................................................................................6-33
Sec. 38.610.060. - Activities allowed without a permit. .........................................................................6-33
Sec. 38.610.070. - Application requirements and procedures for activities in wetland areas. ......6-34
Sec. 38.610.080. - Review standards and minimum wetland buffer. ..................................................6-34
Sec. 38.610.090. - Wetland approval conditions. ....................................................................................6-35
Sec. 38.610.100. - Wetland mitigation. ......................................................................................................6-36
Sec. 38.610.110. - Administrative procedures authorized. .....................................................................6-36
DIVISION 38.620. - WATERCOURSE SETBACKS. ....................................................................6-38
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
Division 38.600. - FLOODPLAIN
REGULATIONS
sec. 38.600.010. - Citation.
This division is known and may be cited as the city floodplain regulations, except when cited herein,
where it is referred to as "this division".
sec. 38.600.020. - Authority.
This division is adopted by authority of MCA 76-5-101 et seq.
sec. 38.600.030. - Findings.
A. Flooding may cause loss of life, damage to property, disruption of commerce and essential
governmental services, and unsanitary conditions all of which are detrimental to the health, safety,
and welfare of city occupants.
B. The public interest necessitates management and regulation of flood hazards in a manner consistent
with sound land and water use management practices intended to prevent and alleviate threats to life
and health and reduce private and public economic losses.
C. Control, mitigation, and avoidance of flood hazards interacts with other provisions of public policy
that promote public purposes, such as providing water quality and storm water control; therefore,
regulations addressing flood hazards must be correlated with other water related regulations.
D. As stated in 38.100.050 and 38.100.070, these regulations are minimum requirements and upon
review, the review authority may determine that the public interest will be best served when such
minimum standards are exceeded. The review authority may impose conditions of approval when
such are found necessary.
sec. 38.600.040. - Purpose.
A. This division establishes regulations for development within regulated flood hazard areas in order to
protect public health and safety, safeguard water quality, provide for wildlife habitat and accomplish
other public purposes. There are circumstances where development within the floodplain either
currently exists or may be permitted from time to time to advance a public purpose. This division
provides standards which shall be met in order to promote the public health, safety and general
welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise use of the
floodplain. This division has been established with the following purposes:
1. Generally, it is the purpose of this division to guide development of regulated flood hazards areas
within city limits consistent with the enumerated findings of this division by:
a. Establishing zoning and subdivision regulations coincident with and applicable to regulated
flood hazard areas with special requirements and regulations to protect the public health,
safety, and welfare;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
b. Recognizing the right and need of watercourses or drainways to periodically carry more than
the normal flow of water;
c. Participating in coordinated efforts of federal, state and local management activities for 100-
year floodplains;
d. Striving to ensure the regulations and minimum standards reasonably balance the greatest
public good with the least private injury;
e. Carrying out the provisions of this division in a fashion consistent with the remainder of this
chapter and the public policies set forth in the city's land use plan;
f. Minimizing the need for rescue and relief efforts associated with flooding undertaken at the
expense of the general public;
g. Complying with minimum standards necessary for continued participation in the National
Flood Insurance Program as a community in good standing; and
h. Coordinating regulations addressing flood hazards with other regulations adopted by the city
and regulatory requirements imposed on the city by state and federal agencies.
2. Specifically, it is the purpose of this division to:
a. Restrict or prohibit uses that are dangerous to health, safety and property in times of flood, or
that cause increased flood heights and velocities;
b. Require that developments and uses vulnerable to flood hazards, including public utilities
and facilities, satisfy minimum standards of this division at the time of initial construction or
substantial improvement to minimize flood damage;
c. Identify lands unsuitable for certain development or uses because of flood hazards;
d. Distinguish between regulations applied to the regulatory floodway and those applied to that
portion of the regulated flood hazard area not contained within the regulatory floodway;
e. Apply more restrictive regulations within the regulatory floodway;
f. Ensure that those who develop or use land within a regulated flood hazard area do not
increase flood hazards to others and to the surrounding area;
g. Regulate the alteration of natural floodplains, stream channels, and natural protective barriers
that are needed to accommodate floodwaters; and
h. Regulate filling, grading, dredging and other development that may increase flood hazards.
sec. 38.600.050. - Land use restrictions.
Land subject to being flooded by a flood of 100-year frequency as defined by MCA 76-5-101 et seq.,
or land deemed to be subject to flooding by the floodplain administrator, may not be subdivided or
developed for new buildings or any new uses that may increase or aggravate flood hazards to public
health, safety, and welfare or damage property. Lands within a floodplain area are also subject to the
restrictions of 38.620.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
sec. 38.600.060. - Disclosure provision.
All owners of property containing a regulated flood hazard area set forth in 38.600.110 shall notify
potential buyers or their agents that such property is subject to the provisions of this division.
sec. 38.600.070. - Abrogation and greater responsibility.
It is not intended by this division to repeal, abrogate, or impair any existing easements, covenants,
deed restrictions, or underlying zoning. However, where this division imposes greater restrictions, the
provisions of this division shall prevail.
sec. 38.600.080. - Regulation interpretation.
The interpretation and application of the provisions of this division are intended to be minimum
requirements and not deemed a limitation or repeal of any other powers granted by state statute or self-
government status.
sec. 38.600.090. - Compliance with regulations.
A. Compliance with this division shall be demonstrated in full prior to approval by the review authority
of any development occurring under this chapter or chapter 10. Compliance with this division shall
also be provided in full prior to establishing, expanding, or altering an artificial obstruction within a
regulated flood hazard area.
B. Compliance with this division occurs by issuance of a floodplain permit by the floodplain
administrator unless the use, activity, or artificial obstruction is exempt from the requirement to
obtain a floodplain permit.
C. The issuance of a floodplain permit is independent of, and is in addition to, any other type of approval
required by any other statute or ordinance of the state or any political subdivision or the United
States.
D. Existing uses, activities and artificial obstructions that were lawful prior to the initial creation of city
floodplain regulations on March 19, 1975, or any repeal and replacement or amendment thereto, that
do not conform to this division are allowed to remain in the state and location at which they existed
at the time they first became subjected to floodplain regulations without need for a floodplain permit.
E. Except as provided in subsection D of this section, an artificial obstruction within a regulated flood
hazard area that has not been issued a floodplain permit when one is required is a public nuisance
and subject to chapter 16, article 2.
sec. 38.600.100. - Floodplain administrator.
The floodplain administrator has been designated by the city commission to be the city engineer, who
may delegate floodplain administrator duties to a member of the city engineering division staff, and has
the responsibility and authority of such position as contained in this division.
sec. 38.600.110. - Regulated flood hazard areas.
A. This division applies to all lands within the boundaries of the city that are:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
1. Located within designated special flood hazard areas established by the official "FEMA Flood
Insurance Study of Gallatin County, Montana, and Incorporated Areas (Flood Insurance Study
Number 30031CV001b)" and FEMA Flood Insurance Rate Maps dated April 21, 2021; and, subject
to 38.600.120.A, any alterations made thereto by letters of map change issued by FEMA expressly
listed in the administrative procedures authorized by 38.600.160.G.
2. Otherwise established by DNRC pursuant to MCA 76-5-101 et seq. to be located within
designated floodplains and floodways by a DNRC flood study that is expressly listed in the
administrative procedures authorized by 38.600.160.G.
3. Identified as containing flood hazards determined by a flood hazard evaluation performed in
accordance with 38.600.150.
4. Independently determined by the floodplain administrator through engineering analysis, or other
objective and factual basis, as being subject to flood hazards.
sec. 38.600.120. - Alterations to regulated flood hazard areas.
A. Any alterations to a regulatory floodway shall be designed and delineated to carry the waters of the
base flood without increasing the base flood elevation more than 0.50 feet at any point.
B. Substantial natural physical alterations to a flooding source, or new technical or scientific flood data
showing that the base flood elevation or regulatory floodway has been altered or was erroneously
established, must be brought to the attention of FEMA and DNRC by the floodplain administrator
when such alteration or error is identified for a regulated flood hazard area set forth in 38.600.110.A.1.
C. The official alteration of the base flood elevation or regulatory floodway for a regulated flood hazard
area set forth in 38.600.110.A.1 occurs by a letter of map revision issued by FEMA. An application for
a letter of map revision must be supported by DNRC and the Floodplain Administrator prior to its
submittal to FEMA.
sec. 38.600.130. - Interpretation of regulated flood hazard area
boundaries.
A. Georeferenced boundaries.
Except where not available, the regulated flood hazard area boundaries in 38.600.110 shall be
determined by using the official geographic information system georeferenced boundary data
provided by FEMA, DNRC, or the floodplain administrator.
B. Delineated boundaries.
The exact location of the regulated flood hazard area boundary shall be delineated where the base
flood elevation intersects natural ground. Except as provided below, the boundaries of the regulatory
floodway shall be determined from the official flood insurance rate maps and floodway data tables in
the flood insurance study.
1. The regulatory floodways for the East Gallatin River, Bridger Creek between the confluence with
the East Gallatin River and Story Mill Road, and Bozeman Creek and its tributaries shall be the
georeferenced boundary in subsection A above.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
C. Surveyed boundaries.
The floodplain administrator may at its discretion require an on-site survey and staking of the
regulated flood hazard area boundary:
1. Prior to issuance of any floodplain permit;
2. For any use, activity, or artificial obstruction under an approved floodplain permit that is not
completed; or
3. For any use, activity, or artificial obstruction that appears upon reasonable suspicion and inquiry
to be located within the regulated flood hazard area without a floodplain permit.
D. Application for letter of map change.
A property owner who believes their property has been inadvertently included in a regulated flood
hazard area set forth in 38.600.110.A.1 may submit scientific and/or technical information to FEMA
in the form of an application for a letter of map change, which if approved by FEMA may modify the
flood insurance rating of a property. A letter of map change approved by FEMA does not impair or
abrogate the authority of the floodplain administrator from independently determining if a property is
subject to flood hazards pursuant to 38.600.110.A.4 and the provisions of this division.
sec. 38.600.140. - Warning and disclaimer of liability.
This division does not imply that areas located outside of regulated flood hazard areas, or permitted
land uses, will always be totally free from flood hazards or flood damages. This division does not create
a liability or cause of action against the City of Bozeman or any officer or employee thereof for flood
damages that may result from reliance upon this division.
sec. 38.600.150. - Flood hazard evaluation.
A. Except as provided in subsection A.2 of this section, if any portion of a proposed development
contains a watercourse or drainway draining an area of 25 square miles or more, and regulated
flood hazard areas under 38.600.110 have not been designated or identified, then the development
applicant shall complete a detailed flood study to delineate the 100-year floodplain and floodway
of the watercourse or drainway in accordance with applicable regulations, standards, and technical
guidance provided by DNRC under its state program for delineation of floodplains and floodways
authorized by MCA 76-5-201.
1. The detailed flood study shall be prepared and certified by a professional engineer.
2. The requirement to conduct a detailed flood study may be waived by the floodplain administrator
if the development applicant provides written communication from DNRC stating that DNRC is
unwilling or unable to provide technical assistance in the production of a detailed flood study
meeting the applicable regulations and standards DNRC may have for this purpose.
If the detailed flood study is waived by the floodplain administrator, the development applicant
shall prepare a flood hazard evaluation report in conformance with subsection C of this section,
which shall be provided with a preliminary plat or site plan application.
B. If any portion of a proposed development contains a watercourse or drainway draining an area less
than 25 square miles, and regulated flood hazard areas under 38.600.110 have not been designated
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
or identified, then, except as provided in B.1 below, the development applicant shall prepare a flood
hazard evaluation report in conformance with subsection C below, which shall be provided with a
preliminary plat or site plan application.
1. The requirement to provide a flood hazard evaluation report may be waived by the floodplain
administrator if the development applicant demonstrates to the satisfaction of the floodplain
administrator that the base flood discharge of the watercourse will not adversely affect the land
proposed for development at the time of concept site plan or subdivision pre-application plan.
C. Contents of the flood hazard evaluation report shall include the following information at a minimum:
1. Certification by a professional engineer that the flood hazard evaluation report is prepared in
accordance with this section;
2. Description of any mitigation required to protect the proposed development and adjacent lands
from 100-year flood hazards;
3. Scaled plan view exhibit(s) showing the following: watercourses and drainways, property
boundaries, existing topographic contours, proposed grading and drainage contours, existing
(pre-project) 100-year floodplain boundary, proposed (post-project) 100-year floodplain
boundary, and proposed project improvements. Exhibit(s) shall be neat and orderly and contain a
linetype legend, north arrow, and drawing scale;
4. Hydrologic analysis performed in accordance with standard engineering practices containing at
a minimum: exhibit(s) depicting delineation of overall contributing drainage basin and individual
sub-basins, determination of base flood discharge, narrative describing the basin delineation
approach and hydrologic method(s) used in discharge determination, and any supporting digital
files and outputs produced for the hydrologic analysis;
5. Hydraulic analysis performed in accordance with standard engineering practices containing at a
minimum: hydraulic modeling of the base flood discharge for existing conditions (pre-project)
and proposed conditions (post-project), scaled plan view exhibit(s) depicting modeled cross
sections, narrative describing hydraulic model development and data sources used for critical
inputs, description of existing and proposed hydraulic structures, model outputs of water surface
elevation in both profile and cross section view, and digital model files; and
6. The report shall be formatted as a PDF document and include all digital supporting files.
D. The floodplain administrator must review and approve all studies and reports required under this
section and may require additional information from the applicant prior to approval.
sec. 38.600.160. - Administration of regulations.
A. 38.620 and 38.600.050 establish a public policy to avoid new development within floodplains, along
with certain exceptions. The administration of this division must be done in a fashion consistent with
the letter and spirit of both these sections.
B. The floodplain administrator has the authority to review floodplain permit applications for proposed
activities, uses, or artificial obstructions within regulated flood hazard areas to determine compliance
with this division.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
C. The floodplain administrator may obtain, review and reasonably use any base flood elevation and
floodway data available from federal, state, or other sources.
D. At any time after a floodplain permit application has been filed, or a floodplain permit has been issued
and permitted work has not been completed, the floodplain administrator may perform an on-site
inspection of the subject property during regular work hours without advance notice given to the
applicant pursuant to 38.700.050.
E. Unless specifically exempt from requirements to obtain a permit, a floodplain permit must be
obtained from the floodplain administrator prior to establishing, altering or performing substantial
improvements to a use, activity, or artificial obstruction within the regulated flood hazard area.
F. Prior to the issuance of a floodplain permit, the floodplain administrator must ensure all necessary
permits have been received from those governmental agencies from which approval is required by
federal and state law and local codes, including but not limited to: section 404 of the Federal Water
Pollution Control Act of 1972, 33 USC 1334; Endangered Species Act, 16 USC 1531 et seq.; and the
Montana Natural Streambed and Land Preservation Act, MCA 75-7-101 et seq.
G. The floodplain administrator may adopt administrative procedures necessary to administer the
provisions of this division.
H. The floodplain administrator is responsible for ensuring National Flood Insurance Program
prerequisites for the sale of flood insurance pursuant to 44 CFR 59.22(a) are maintained.
I. In the event of a disaster declaration affecting properties in the FEMA special flood hazard area, and
as part of the disaster recovery effort, the floodplain administrator upon completion of a cursory
street level structure condition survey must notify property owners that a floodplain permit is
required prior to commencement of any alteration or substantial improvements to buildings and
structures damaged, or substantially damaged, by the declared disaster.
J. The Floodplain Administrator may, at its discretion, represent the city for any applications, approvals,
or endorsements to FEMA affecting a special flood hazard area.
K. The floodplain administrator may require an applicant to provide additional information necessary
to make an informed determination as to whether a proposed or existing use, activity, or artificial
obstruction within the regulated flood hazard area meets the requirements of this division. Additional
information may include but is not limited to hydraulic modeling; boundary delineations of the
regulated flood hazard area in accordance with 38.600.130; and certification by a registered land
surveyor or professional engineer or licensed architect within their areas of professional expertise that
the requirements of this division are satisfied.
L. The floodplain administrator may initiate enforcement actions authorized by this division if additional
information required is not provided.
M. The floodplain administrator must maintain public records pertaining to the administration of this
division, including items such as floodplain permit applications, issued floodplain permits, FEMA
elevation and floodproofing certificates, compliance certifications, fee receipts, and other relevant
documentation.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
sec. 38.600.170. - Subdivision and plan review and approval.
A. Any proposed development occurring under 38.740 or 38.750 of lands containing a regulated flood
hazard area set forth in 38.600.110.A.1 shall satisfy the requirements of this section and 38.620.
Proposed developments shall ensure that:
1. Flood damage potential is minimized;
2. Public utilities and facilities are constructed so as to minimize flood damage; and
3. Water supply and sanitary sewer infrastructure is designed to minimize or eliminate infiltration.
B. Except as provided in B.1 below, lots within a platted subdivision shall not contain a regulated flood
hazard area set forth in 38.600.110.A.1 if such lots are proposed for future residential, commercial,
industrial, or other building construction; or such lots are proposed for the placement of structures or
storage of materials.
1. Dedicated parkland and common open space within a platted subdivision may contain regulated
flood hazard areas.
C. An exhibit depicting the location of the georeferenced boundaries and the delineated boundaries of
regulated flood hazard areas set forth in 38.600.110.A.1 in relation to the proposed development shall
be provided with all development applications. These boundaries shall be shown in accordance with
38.600.130.
1. If any portion of a proposed lot, building, structure, or permanent materials storage location is
within the georeferenced boundary and is completely outside the delineated boundary, then a
conditional letter of map amendment shall be obtained from FEMA by the development applicant.
a. The conditional letter of map amendment application is subject to subsection E below.
b. The conditional letter of map amendment issued by FEMA shall be provided with the
preliminary plat application or site plan application.
c. A letter of map amendment issued by FEMA subject to subsection F of this section shall
be provided by the development applicant prior to final plat approval or routing for final
occupancy review.
2. If placement of fill is proposed within the delineated boundary of the flood fringe to artificially
elevate land to be above the base flood elevation, then a conditional letter of map revision based
on fill shall be obtained from FEMA by the development applicant.
a. The conditional letter of map revision based on fill application is subject to subsection E
below.
b. The conditional letter of map revision based on fill issued by FEMA shall be provided with the
preliminary plat application or site plan application.
c. A letter of map revision based on fill issued by FEMA subject to subsection F below shall
be provided by the development applicant prior to final plat approval or routing for final
occupancy review.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
3. If any use, activity, or artificial obstruction is proposed within the delineated boundary of the
regulatory floodway, then the development applicant shall demonstrate that the carrying capacity
of the regulatory floodway is not reduced in accordance with 38.600.260.C.
a. A regulatory floodway encroachment analysis shall be prepared by the development applicant
and initially submitted with a subdivision pre-application or concept site plan application. The
analysis shall be updated with the preliminary plat application or site plan application to reflect
any changes to the proposed regulatory floodway encroachments.
(1) If the regulatory floodway encroachment analysis indicates that the proposed use,
activity, or artificial obstruction in the regulatory floodway causes an increase to the
existing base flood elevation of more than 0.00 feet, then a conditional letter of map
revision shall be obtained from FEMA by the development applicant in accordance
with 38.600.260.C.2 and be provided with the preliminary plat application or site plan
application.
(2) A letter of map revision subject to subsection F below shall be provided by the
development applicant prior to final plat approval or routing for final occupancy review.
4. A floodplain permit application meeting the requirements of this division shall be prepared by
the development applicant and provided to the floodplain administrator for any use, activity,
or artificial obstruction located within the delineated boundary of the regulated flood hazard
area. If a conditional letter of map revision based on fill or a conditional letter of map revision
are required under this section, then they shall be obtained from FEMA by the applicant prior to
floodplain permit approval. The floodplain permit must be issued by the floodplain administrator
prior to:
a. Beginning construction of subdivision improvements, including the placement of fill, that are
located within the regulated flood hazard area for development occurring under 38.750; or
b. Obtaining final plan approval for development occurring under 38.740.
D. A subdivision final plat shall depict on the conditions of approval sheet the location of the regulated
flood hazard area, including and pursuant to any letter of map revision or letter of map revision based
on fill approved by FEMA, and base flood elevation data shall be provided for each lot.
E. The floodplain administrator must review the conditional letter of map change application and
authorize its submittal to FEMA. FEMA conditional letter of map change application types include:
1. Conditional letter of map amendment (CLOMA). A letter from FEMA stating a proposed use,
activity, or artificial obstruction located on natural ground and not including the placement of fill
would not be inundated by the base flood if completed as proposed.
2. Conditional letter of map revision based on fill (CLOMR-F). A letter from FEMA stating a parcel of
land or portion thereof that is proposed to be elevated by fill would not be inundated by the base
flood if fill is placed on the parcel as proposed.
3. Conditional letter of map revision (CLOMR). A letter from FEMA stating a proposed use, activity
or artificial obstruction in the regulatory floodway that would, upon completion, affect the
existing hydrologic or hydraulic characteristics of the flooding source and result in an alteration
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
of the regulatory floodway or the base flood elevation, is allowable if the project is completed as
proposed. Submittal of a CLOMR application to FEMA is subject to 38.600.260.C.2.
F. The floodplain administrator must review the letter of map change application and authorize its
submittal to FEMA. FEMA letter of map change application types include:
1. Letter of map amendment (LOMA). Officially amends the effective special flood hazard area of a
flood insurance rate map by confirming that natural ground is not inundated by the base flood.
2. Letter of map revision based on fill (LOMR-F). Officially revises the effective special flood hazard
area of a flood insurance rate map by confirming that the parcel of land or portion thereof has
been elevated by fill to be above the base flood.
3. Letter of map revision (LOMR). Officially revises the effective special flood hazard area of a flood
insurance rate map and the base flood elevation or regulatory floodway in the effective flood
insurance study. A LOMR usually results in republishing a portion of the flood insurance rate map.
sec. 38.600.180. - Floodplain permit application requirements.
A. A floodplain permit application shall be filed with the floodplain administrator and at a minimum
include the following information:
1. A completed and signed Joint Application for Proposed Work in Montana's Streams, Wetlands,
Floodplains, and Other Water Bodies;
2. A copy of all other applicable permits or pending applications required by local, federal or state
law for the proposed project, which may include but are not limited to a 310 permit, SPA 124
permit, 318 authorization, section 404 permit, 401 certification, and endangered species act
section 10 permit;
3. A copy of the effective flood insurance rate map with the project site identified;
4. A scaled plan view exhibit(s) showing:
a. Linetype legend, drawing scale, and north arrow;
b. Proposed project site and property lines;
c. Georeferenced boundary of the regulated flood hazard area per 38.600.130.A;
d. Existing and proposed structures;
e. Existing and proposed utilities;
f. Proposed excavation and/or fill locations; and
g. Location of stored or stockpiled materials;
5. Additional information related to the proposed use, activity or artificial obstruction that
documents compliance with applicable development requirements of this division;
6. A written response explaining how each of the factors considered in the decision to issue a
floodplain permit set forth in 38.600.210.G are satisfied by the design of the proposed use, activity
or artificial obstruction;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
7. Application review fee in the amount established by city commission resolution;
8. Mailing labels for all adjoining property owners, including those across roads and across
watercourses or drainways; and
9. The number and format of copies of the floodplain permit application as established by the
floodplain administrator shall be submitted. Applications must include the signature of the
applicant and land owner(s), which for properties in common ownership shall include evidence of
proper authority for the owner signatory.
a. If the floodplain permit application was prepared by a person other than the identified
property owner or applicant, then the person that prepared the application shall sign as
contractor.
B. The floodplain administrator may require additional information for the floodplain permit application
depending on the nature of the proposed use, activity or artificial obstruction, including but not
limited to:
1. Scaled topographic plan view exhibit(s) of the project area with one-foot contours and elevation
values displayed in NAVD88 vertical datum depicting:
a. Linetype legend, drawing scale, and north arrow;
b. Existing ground contours certified by a professional engineer or registered land surveyor;
c. Location of watercourse or drainway channel and banks;
d. Delineated boundary of the regulated flood hazard area pursuant to 38.600.130.B;
e. Proposed ground contours and delineation of proposed regulated flood hazard boundaries
pursuant to a conditional letter of map change issued by FEMA; and
f. Location of all proposed improvements and artificial obstructions;
2. Cross sections of the proposed project that clearly differentiate between existing site conditions
and proposed site conditions;
3. Proposed building elevations showing the elevation of the lowest floor, including any basement
or crawlspace, proposed finished ground elevation, and the base flood elevation;
4. Specifications for floodproofing, filling, excavating, grading, bank stabilization, storage of
materials and location of utilities;
5. Construction plans and specifications for road and utility crossings;
6. Flood scour analyses for utility crossings and bridge abutment designs;
7. Construction plans and specifications for stream restoration projects;
8. A hydraulic model prepared and certified by a professional engineer demonstrating the impact of
the proposed project on the base flood elevations at and proximate to the project site;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
9. A floodway encroachment analysis and no-rise certification prepared in accordance with
38.600.260.C.1 and signed by a professional engineer together with any hydraulic modeling
utilized for the no-rise analysis;
10. For projects in the regulatory floodway that cause a rise in the existing base flood elevation, a
conditional letter of map revision issued by FEMA;
11. For a new building, or alteration or substantial improvement to an existing building, a completed
FEMA elevation certificate based on construction drawings;
12. For projects involving the placement of fill in the flood fringe, a conditional letter of map revision
based on fill issued by FEMA;
13. A professional engineer's or registered architect's certification within their respective areas of
expertise that the proposed use, activity, or artificial obstruction has been designed to be in
compliance with this division; and
14. Any other relevant information deemed necessary by the floodplain administrator to demonstrate
that the proposed activity, use, or artificial obstruction is in compliance with this division, the
Montana Floodplain and Floodway Management Act, or the requirements of the National Flood
Insurance Program.
sec. 38.600.190. - Floodplain permit application review.
A. Within ten working days of receipt of a floodplain permit application and required application review
fee, the floodplain administrator must review the application for acceptability to determine if the
application omits any of the minimum information required and whether any additional information
in sufficient detail and accuracy is required to enable the floodplain administrator to determined
compliance with this division. If the application is determined to not include the minimum
information required or needs additional information, the floodplain administrator must notify the
applicant in writing of the information required to deem the application acceptable. The applicant
shall have 60 working days to provide the required information or a new floodplain permit application
shall be submitted.
B. The process in subsection A of this section will be repeated until the floodplain administrator
determines the application is acceptable. If the application is not deemed acceptable by the
floodplain administrator after the third notice, or if the applicant does not respond to a notice within
the time frame specified, the floodplain administrator may deny the application.
C. Once the floodplain administrator is satisfied that the application is acceptable, the floodplain
administrator must review the application for compliance with this division. A determination that the
application is acceptable does not guarantee that the floodplain permit application will be approved
or conditionally approved and does not limit the ability of the floodplain administrator to request
additional information during the compliance review process to ensure conformance with this
division.
D. The floodplain administrator must approve, approve with conditions, or deny a floodplain permit
application within 60 working days of receipt of an acceptable application, except if the applicant in
writing agrees to accept an extended time frame.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
sec. 38.600.200. - Floodplain permit application notice requirements.
A. Upon receipt of a floodplain permit application deemed acceptable, the floodplain administrator
must prepare a notice according to the requirements of 38.730. Notice by first-class mail must be
provided by the floodplain administrator to adjoining property owners listed in the application.
B. The floodplain administrator must serve notice of the floodplain permit application to the state
National Flood Insurance Program coordinator.
C. The floodplain administrator must provide notice to adjacent communities, the state National Flood
Insurance Program coordinator, and FEMA for any project involving the alteration or relocation of a
watercourse containing a special flood hazard area set forth in 38.600.110.A.1.
sec. 38.600.210. - Floodplain permit issuance.
A. The floodplain administrator may only approve a floodplain permit application and issue a floodplain
permit when the activities, uses or artificial obstructions described in the floodplain permit application
are in full compliance with this division and applicable provisions of this chapter.
B. The floodplain administrator must issue a written decision to approve, conditionally approve, or deny
a floodplain permit within the time frame provided by this division.
C. The applicant must demonstrate to the satisfaction of the floodplain administrator that the floodplain
permit application is not in conflict with any other applicable permits obtained for the proposed use,
activity or artificial obstruction prior to floodplain permit issuance.
D. A floodplain permit for a use, activity or artificial obstruction in the regulatory floodway that causes
an increase of more than 0.00 feet to the existing base flood elevation must not be issued until a
conditional letter of map revision, subject to 38.600.260.C.2.a, is approved by FEMA.
E. A letter of map revision may be required by the floodplain administrator when a proposed use, activity,
or artificial obstruction in the regulatory floodway is:
1. Certified by a professional engineer to not cause an increase of more than 0.00 feet in the
existing base flood elevation; and
2. The existing base flood elevation or existing regulatory floodway is determined to be substantially
different than the effective base flood elevation or effective regulatory floodway due to:
a. Natural physical alterations to the flooding source affecting its plan form and grade; or
b. Proposed conditions modeling conducted to evaluate project-related impacts.
F. A floodplain permit must not be issued until any FEMA conditional letters of map change required by
38.600.170 are provided by the applicant.
G. The floodplain administrator must consider the following factors in the floodplain permit issuance
decision:
1. The danger to life and property due to increased flood heights, increased flood water velocities
or alterations in the pattern of flood flow caused by the proposed use, activity, or artificial
obstruction;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
2. The danger that materials may be swept onto other lands or downstream to the injury of others;
3. The construction or alteration of the proposed use, activity, or artificial obstruction is conducted
in such manner as to lessen the flooding danger;
4. Impacts to water supply and sanitation systems and the ability of these systems to prevent disease,
contamination and unsanitary conditions, and whether sanitation systems will be located to avoid
surcharge during flooding;
5. The susceptibility of the proposed use, activity, or artificial obstruction to flood damage and the
effects of such damage on the individual owner;
6. The importance of the services provided by the use, activity or artificial obstruction to the
community;
7. The proposed use, activity or artificial obstruction will be reasonably safe from flooding;
8. The drainage at the site is adequate to reduce exposure to flood hazards;
9. The requirement of the facility for a water-front location;
10. The availability of alternative locations not subject to flooding for the proposed use, activity, or
artificial obstruction;
11. The compatibility of the proposed use, activity, or artificial obstruction with existing development
and anticipated development in the foreseeable future;
12. The permanence of the proposed use, activity, or artificial obstruction;
13. The relationship of the proposed use, activity, or artificial obstruction to any adopted land use
plan or other plans covering the project area;
14. The safety of access to property in times of flooding for ordinary and emergency services; and
15. Such other factors as are consistent with the purposes of this division, this chapter, the Montana
Floodplain and Floodway Management Act and the National Flood Insurance Program.
H. The floodplain permit must be issued in the name of the landowner on the floodplain permit
application form. When a floodplain permit is issued the landowner becomes the permittee and
responsible party for all floodplain permit requirements.
sec. 38.600.220. - Floodplain permit conditions and requirements.
A. The floodplain administrator may attach conditions of approval to a floodplain permit to ensure
compliance with this division and may require reasonable mitigation of adverse impacts.
B. The floodplain administrator may require the permittee to record a notice of decision of the
floodplain permit in the office of the Gallatin County Clerk and Recorder to notify successors in
interest of the permit requirements and that such property is located in a regulated flood hazard area.
C. Completion of the use, activity, or artificial obstruction authorized under the floodplain permit
shall be limited to the scope contained in the floodplain permit application and any conditions of
floodplain permit approval.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
D. The permittee shall submit a compliance report to the floodplain administrator within 30 days of
project completion, or other time frame as may be specified by the floodplain administrator, that
certifies that the permitted use, activity, or artificial obstruction was completed in accordance with
the approved permit. The compliance report shall include any letters of map change approved
by FEMA applicable to the project as well as applicable FEMA floodproofing certificates and FEMA
elevation certificates.
E. The permittee shall maintain the permitted use, activity, or artificial obstruction in compliance with
the floodplain permit.
F. The permitted use, activity, or artificial obstruction must be completed within one year from the date
of floodplain permit issuance, or a completion timeline identified in the floodplain permit application
that is determined reasonable by the floodplain administrator, whichever is later.
G. The floodplain administrator may require the permittee to provide periodic oversight by a professional
engineer or licensed architect and provide interim reports during the construction period.
H. The floodplain administrator may require the permittee to submit annual performance and
maintenance reports for a period of up to five years, or a time specified in the floodplain permit, for
bank stabilization or stream restoration projects utilizing vegetative components.
I. For uses, activities, and artificial obstructions in which a conditional letter of map revision has been
approved by FEMA, or for those projects in the regulatory floodway that floodplain administrator has
determined under 38.600.210.E that a letter of map revision is required, the permittee shall prepare
and submit a letter of map revision application to FEMA, and applicable application fees, within six
months of project completion and shall pursue the application until FEMA issues approval. Failure to
do so constitutes a violation of this division.
sec. 38.600.230. - Extensions to floodplain permit approval period.
A. The permittee may request an extension of the duration of the floodplain permit approval. The
extension request must be made in writing not less than 30 days before the permit expiration date
and present the reasons for which the request is being made along with a description of work
completed and work remaining. The floodplain administrator may approve, conditionally approve,
or deny the extension request. If a permittee requests an extension within 30 days before the permit
expiration date, the permittee must pay an additional floodplain permit application fee.
B. If the permittee makes an extension request after the permit has expired, the floodplain administrator
may require the permittee to file a new floodplain permit application for review and approval. The
new floodplain permit application must present the reasons for which the new application is
being made along with a description of the work completed and work remaining. The floodplain
administrator may approve, conditionally approve, or deny the new floodplain permit application.
sec. 38.600.240. - Uses, activities, and artificial obstructions within
regulated flood hazard areas exempt from floodplain permitting, but
subject to watercourse setbacks.
A. Any use, activity, or artificial obstruction within the regulated flood hazard area established by
38.600.110.A.3 is exempt from obtaining a floodplain permit, unless upon the discretion of the
floodplain administrator a floodplain permit is determined to be required.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
B. The following open space uses, activities, and artificial obstructions shall be allowed in regulated
flood hazard areas without obtaining a floodplain permit, provided they are not prohibited by this
chapter or state statute, do not require buildings or structures, and do not require fill, grading,
excavation, or storage of materials or equipment:
1. Agricultural uses such as tilling, farming, irrigation, ranching, harvesting, and grazing, but not
including structures related to agricultural uses;
2. Forestry uses, including processing of forest products with portable equipment;
3. Recreational vehicle use or storage, provided that the vehicle is on the site for fewer than 180
consecutive days or the vehicle is fully licensed and ready for highway use. A recreational vehicle
is ready for highway use if it is on its wheels or jacking system with wheels intact, is attached
to the site only by quick disconnect type utilities and security devices, and has no permanently
attached additions;
4. Residential uses such as lawns, gardens, and play areas;
5. Maintenance of existing open space uses that do not increase the flood hazard potential;
6. Preventive maintenance activities for transportation infrastructure such as bridge deck
rehabilitation and roadway pavement preservation activities that are not considered alterations;
7. Public or private recreational uses that do not include structures such as picnic grounds,
swimming areas, parks, golf courses, driving ranges, archery ranges, wildlife management and
natural areas, alternative livestock ranches (game farms), fish hatcheries, shooting preserves,
target ranges, trap and skeet ranges, hunting and fishing areas, and hiking and horseback riding
trails;
8. Fences that have a low impact to the flow of water such as barbed wire fences and wood rail
fences, except permanent fences crossing channels. Fences that have the potential to stop or
impede water flow or debris require a floodplain permit;
9. Addition of roadway guardrail, signing and utility poles that have a low impact to the flow of water
along an existing roadway; and
10. Irrigation and livestock supply wells, provided that they are located at least 500 feet from
domestic water supply wells and the top of the well casing is 18 inches above the base flood
elevation.
sec. 38.600.250. - Uses, activities, and artificial obstructions prohibited
within regulated flood hazard areas.
A. The following uses, activities, and artificial obstructions are prohibited in the regulatory floodway:
1. New buildings and structures, including appurtenant or accessory buildings and structures, used
for any purpose;
2. Uses, activities, or artificial obstructions, that cause water to be diverted from the regulatory
floodway, cause erosion, obstruct the natural flow of water, or reduce the carrying capacity of the
floodway;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
3. Construction or storage of artificial obstructions subject to flotation or movement during flood
level periods;
4. Solid or hazardous waste disposal systems;
5. On-site wastewater treatment systems;
6. Public and private campgrounds, and buried and sealed vaults for sewage disposal in
campgrounds and recreational areas;
7. Domestic water supply wells;
8. Storage of toxic, flammable, hazardous or explosive materials; and
9. Mining or excavation of material from pits or pools not in connection with a channelization,
streambank restoration, or stream stabilization project.
B. The following uses, activities, and artificial obstructions are prohibited in the flood fringe:
1. Construction or storage of an artificial obstruction subject to flotation or movement during
flood levels, if the floodplain administrator determines the flotation or movement of the artificial
obstruction would pose a risk to public health, welfare, or safety;
2. Solid or hazardous waste disposal systems;
3. On-site wastewater treatment systems;
4. Public and private campgrounds, and buried and sealed vaults for sewage disposal in
campgrounds and recreational areas;
5. Domestic water supply wells;
6. Storage of toxic, flammable, hazardous or explosive materials; and
7. Placement of fill to elevate land not otherwise performed in connection with a proposed
development occurring under this chapter or chapter 10.
C. The following uses, activities, and artificial obstructions are prohibited in regulated flood hazard areas
without a regulatory floodway and flood fringe:
1. Uses, activities and artificial obstructions prohibited by subsection B above; and
2. Any use, activity, or artificial obstruction that causes an increase of more than 0.50 feet to the
base flood elevation.
sec. 38.600.260. - Requirements for uses, activities, and artificial
obstructions permitted in the regulatory floodway subject to issuance
of a floodplain permit.
A. When a site specific exemption or relaxation of the standards of 38.620 allow utilization of a portion
of the regulated flood hazard area, the uses, activities and artificial obstructions contained in this
section, including alterations and substantial improvements to existing artificial obstructions, may be
permitted in the regulatory floodway subject to the issuance of a floodplain permit by the floodplain
administrator.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
B. All uses, activities and artificial obstructions permitted in the regulatory floodway shall be designed
and constructed to minimize flood damage and ensure they do not adversely affect the flood hazards
of other properties or be swept downstream to the injury of others.
C. The applicant must assure that all uses, activities and artificial obstructions do not reduce the carrying
capacity of the regulatory floodway by:
1. Providing a regulatory floodway encroachment analysis, prepared and certified by a professional
engineer, demonstrating that the use, activity, or artificial obstruction does not cause an increase
to the existing base flood elevation of more than 0.00 feet ("no-rise") and does not significantly
increase the velocity of flow. Except as provided in a. below, the no-rise analysis shall be prepared
in accordance with FEMA guidance for no-rise certifications for developments in regulatory
floodways.
a. At the discretion of the floodplain administrator, a different approach to demonstrate and
certify no-rise may be allowed given the scope and nature of the proposed use, activity, or
artificial obstruction. The approach used shall be acceptable to the floodplain administrator
and be performed in accordance with standard engineering practice.
2. Providing a conditional letter of map revision approved by FEMA, the application for which must
first be supported by the floodplain administrator and the DNRC subject to this section, for any
use, activity, or artificial obstruction that causes an increase to the existing base flood elevation of
more than 0.00 feet, or significantly increases the velocity or flow of the watercourse or drainway,
or substantially alters the location of the regulatory floodway.
a. A conditional letter of map revision is a prospective alteration of the regulated flood hazard
area and is subject to MCA 76-5-203. Alterations to the regulatory floodway must be
designed and delineated so as to carry the waters of the base flood without increasing the
base flood elevation more than 0.50 feet at any point. Written support to file a conditional
letter of map revision application with FEMA shall be obtained from DNRC and the floodplain
administrator by the applicant providing the following information to DNRC and the
floodplain administrator:
(1) Certification that no buildings are located in areas impacted by increased base flood
elevations;
(2) Information demonstrating that alternative designs or approaches that do not cause an
increase to the base flood elevation are not feasible;
(3) Any other information required by DNRC or the floodplain administrator to gain support
for the filing of a conditional letter of map revision application with FEMA.
D. Substantial improvement to existing buildings and alteration of existing structures may be permitted,
provided that:
1. All applicable requirements in 38.600.270 are met;
2. The existing building or structure shall not be elevated by means of new or additional fill; and
3. An alteration to expand the horizontal dimensions of an existing building is not occurring.
E. Watercourse crossings for pedestrian and transportation facilities may be permitted, provided that:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
1. Crossings shall be generally oriented as perpendicular to the direction of flow as practicable;
2. Footings for bridge piers and abutments shall be buried below the maximum calculated depth of
scour during the base flood discharge as calculated and certified by a professional engineer;
3. Where failure or interruption of public transportation facilities would result in danger to public
health or safety, and wherever practicable:
a. Bridge low chord elevations shall have at least two feet of freeboard above the base flood
elevation;
b. Culverts shall be designed to pass the base flood discharge and provide at least two feet of
freeboard to the crossing surface; and
4. Except for those public bridges maintained by the Montana Department of Transportation,
bridges for public transportation facilities shall meet applicable design and construction standards
established by Gallatin County by authority of MCA 7-14-2204.
F. Limited filling for transportation facility embankments not in connection with watercourse crossings
may be permitted, provided that:
1. Fill placed is a suitable material for the transportation facilities;
2. Reasonable alternate transportation routes outside the regulatory floodway are not available; and
3. The floodway encroachment is located as far from the stream channel as possible.
G. Buried or suspended utility transmission and service lines may be permitted, provided that:
1. Suspended utility lines are designed such that the lowest point of the suspension is at least six feet
higher than the base flood elevation;
2. Towers, poles, and other appurtenant structures are designed and placed to withstand and offer
minimal obstruction to flood flows;
3. Alternatives routes, directional drilling, and aerial routes are considered when practicable; and
4. Utility transmission and service lines carrying toxic or flammable materials are buried to a depth of
at least twice the maximum scour depth for the base flood discharge as calculated and certified
by professional engineer.
H. Storage of materials and equipment not otherwise prohibited may be permitted, provided that:
1. The material or equipment is not subject to damage by flooding and is properly anchored to
prevent flotation or downstream movement; or
2. The material or equipment is readily removable within the limited time available after flood
warning.
I. Construction or alteration of surface water diversion structures may be permitted, provided that:
1. Potential erosion from a base flood shall be minimized; and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
2. A professional engineer shall design and certify that any permanent diversion structure in the
watercourse or drainway can withstand hydrodynamic, hydrostatic, buoyancy, and scour forces
associated with the base flood discharge as well as ice damage and debris impacts.
J. Construction or alteration of levees and floodwalls may be permitted, provided that:
1. A professional engineer shall design and certify that the levee or floodwall can withstand
hydrodynamic, hydrostatic, buoyancy, and scour forces associated with the base flood discharge
as well as ice damage and debris impacts;
2. Materials used for construction are suitable materials designed to withstand the base flood
discharge;
3. Constructed height shall be at least three feet higher than the base flood elevation;
4. All state and federal levee and floodwall engineering and construction standards are met; and
5. If the levee or floodwall protects structures of more than one landowner, it shall be publicly
owned and maintained.
K. Streambank, pier and abutment stabilization or protection projects may be permitted, provided that:
1. A professional engineer shall design and certify that the project can withstand hydrodynamic,
hydrostatic, buoyancy, and scour forces associated with the base flood discharge;
2. Materials used and construction methods employed are the least environmentally damaging
practicable for the proposed application;
3. Vegetative components, if any, must be established and mature within five years of installation, or
other time frame as may be required by the floodplain administrator, and once established and
mature do not require substantial yearly maintenance;
4. If materials for the project are designed to biodegrade or erode over time they shall not fail
catastrophically to the impact of others and the design amount and rate of erosion shall be similar
to what existing stable natural streambanks experience during the base flood discharge; and
5. Potential erosion upstream, downstream, across from or adjacent to the project site during the
base flood discharge shall not be increased beyond the erosion rate of existing stable natural
streambanks.
L. Channelization projects may be permitted, provided that:
1. The requirements of subsection K of this section shall be met; and
2. The excavation and construction of the stream channel is for the purpose of altering or relocating
a watercourse or drainway and diverting the entire flow of the stream, or a portion thereof, from
its presently established course and shall accommodate and not increase the magnitude or
velocity of the base flood discharge;
3. A conditional letter of map revision must be approved by FEMA pursuant to subsection C.2 above.
M. Stream and bank restoration projects may be permitted, provided that:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
1. The purpose of the project is to reestablish the terrestrial and aquatic attributes of a natural
stream and is not for the protection of a structure or a streambank stabilization project; and
2. The requirements of subsections K and L of this section are satisfied, except for the requirement
to obtain a conditional letter of map revision, which may not be required in all instances
depending upon the extent and nature of the stream or bank restoration project.
N. Dams may be permitted, provided that:
1. Design and construction shall be in accordance with the Montana Dam Safety Act, MCA 85-15-
101 et seq.;
2. The project shall not increase the flood hazards downstream either through operational
procedures or improper hydrologic or hydraulic design; and
3. A conditional letter of map revision must be approved by FEMA pursuant to subsection C.2 above.
sec. 38.600.270. - Development requirements for uses, activities and
artificial obstructions permitted in the flood fringe subject to issuance
of a floodplain permit.
A. When a site specific exemption or relaxation of the standards of 38.620 allow utilization of a
portion of the regulated flood hazard area, the uses, activities and artificial obstructions contained
in this section, including alterations and substantial improvements to artificial obstructions, may be
permitted in the flood fringe subject to issuance of floodplain permit.
B. All uses, activities, and artificial obstructions permitted in the regulatory floodway pursuant to
38.600.260 may also be permitted in the flood fringe subject to issuance of a floodplain permit by the
floodplain administrator.
C. The requirements of this section shall also apply to uses, activities and artificial obstructions located
in a regulated flood hazard area without a regulatory floodway and flood fringe, subject to:
1. An encroachment analysis shall be prepared and certified by a professional engineer
demonstrating that the use, activity, or artificial obstruction in the regulated flood hazard area
does not increase the identified base flood elevation more than 0.5 feet and does not significantly
increase flood velocities or alter flood hazards to the detriment of upstream, downstream, or
adjacent properties.
D. The new construction, alteration, and substantial improvement of residential and non-residential
buildings and structures may be permitted, provided that:
1. Such buildings and structures shall conform to the requirements of this chapter and chapter 10
and are not prohibited by any other statute, regulation, ordinance or resolution;
2. Such buildings and structures are compatible with local growth policies;
3. Such buildings and structures are constructed by methods and practices that minimize flood
damage, and are reasonably safe from flooding and anchored to resist flotation, collapse and
lateral movement;
4. Grading around such buildings and structures is provided with adequate surface drainage;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
5. All materials used for construction are resistant to flooding to an elevation at least two feet above
the base flood elevation;
6. New construction, alteration, and substantial improvement of residential buildings and structures,
including manufactured homes, shall be elevated so that the lowest floor is at least two feet
above the base flood elevation by any of the following means:
a. On suitable structural fill, foundation wall enclosure, stem walls, pilings, posts, piers, columns
or other acceptable means.
b. If elevated on suitable structural fill, the fill must be extended at an elevation no lower than
the base flood elevation for a minimum distance of 15 feet in all directions beyond the
foundation walls, unless physical constraints exist that make strict compliance impracticable
and the floodplain administrator approves a lesser distance, and be certified by a professional
engineer to meet the following:
(1) Fill material must be suitable for its intended purpose and be clean, well graded, pervious,
not adversely affected by water and frost, devoid of trash or similar foreign matter, and
free of tree stumps or other organic material;
(2) Fill material must be compacted to 95 % of its maximum density as determined by
standard proctor testing in accordance with ASTM D698 standards;
(3) Fill must not be placed within the regulatory floodway; and
(4) Fill slope must be less than 1.5:1 unless physical constraints exist, in which case a
retaining wall is allowed if the wall is adequately protected from erosion;
7. For new placement, substantial improvement, or replacement of manufactured homes, including
those used for non-residential purposes, the building chassis shall be secure and resist flotation,
collapse and lateral movement by anchoring with components capable of carrying a force of
4,800 pounds in addition to the following:
a. For manufactured homes less than 50 feet long, over-the-top ties to ground anchors shall be
provided at each of the four corners of the building, with two additional ties provided per side
at intermediate locations; or
b. For manufactured homes more than 50 feet long, frame ties to ground anchors shall
be provided at each corner of the building, with five additional ties per side provided at
intermediate points;
8. Non-residential buildings and structures shall be elevated so that the lowest floor is at least two
feet above the base flood elevation in accordance with requirements of subsection D.6 of this
section or shall be certified by a professional engineer or registered architect to be adequately
floodproofed in accordance with the following:
a. The lowest floor of the building or structure must be adequately wet or dry floodproofed to
an elevation at least two feet above the base flood elevation;
b. The building or structure shall be designed to withstand hydrostatic, hydrodynamic, and
buoyancy forces of the base flood;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
c. Wet floodproofing is only permitted when the lowest floor of a building or structure is
used for parking, loading, or storage of equipment or materials not appreciably affected by
floodwater;
d. Wet floodproofing must provide adequate openings to equalize hydrostatic forces; and
e. Dry floodproofing must not allow floodwaters to cause internal flooding of the building or
structure by using impermeable membranes and materials for construction of floors and walls,
and must ensure that all windows, doors and other openings are watertight and do not allow
the passage of floodwaters;
9. Except as provided in subsection 9.a. below, appurtenant or accessory buildings and structures
for residential, non-residential, and agricultural purposes shall be elevated or floodproofed to
an elevation at or above the base flood elevation and be adequately anchored to resist flotation,
collapse and lateral movement. Means of elevating or floodproofing shall be in accordance with
D.6 and D.8 above;
a. Attached and detached garage structures used exclusively for parking or storage of equipment
and materials not appreciably affected by floodwater shall be elevated in accordance with D.6;
10. The floor elevation of any crawlspace foundation enclosures, including subgrade crawlspaces
with a floor elevation no more than two feet below the lowest adjacent grade of the building on
all sides, shall be at or above the base flood elevation and contain flood openings designed and
certified by a professional engineer to meet or exceed the following:
a. Equalize hydrostatic forces on foundation walls by allowing the automatic entry and exit of
floodwaters through screens, louvers, valves, or other covers or devices;
b. Have two or more openings with a total net area of not less than one square inch for every
one square foot of enclosed area below the lowest floor;
c. Openings shall be located on a minimum of two walls, except for subgrade crawlspace
enclosures where a minimum of two openings may be provided on a single wall; and
d. The bottom of all openings shall be no higher than one foot above the higher of the exterior
adjacent grade elevation or the crawlspace floor elevation;
11. Basements are considered the lowest floor of a building and shall be elevated two feet or more
above the base flood elevation. A basement includes any floor that is more than two feet below
the lowest adjacent grade of the building on all sides;
12. All electrical systems shall be certified by a professional engineer to satisfy all applicable flood
hazard area provisions of the current adopted building codes set forth in chapter 10 along with
the following requirements. If conflicts exist between this division and chapter 10, then chapter 10
requirements shall govern;
a. All incoming power service equipment including all metering equipment, control centers,
transformers, distribution and lighting panels, and all other stationary equipment shall be
located at least two feet above the base flood elevation;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
b. Portable and movable electrical equipment may be placed below the base flood elevation,
provided that the equipment can be disconnected by a single plug and socket assembly of
the submersible type;
c. The main power service lines must have automatically operated electrical disconnect
equipment or manually operated electrical disconnect equipment located at an accessible
remote location outside the regulated flood hazard area or shall be two feet above the base
flood elevation; and
d. All electrical wiring systems installed below the base flood elevation shall be suitable for
continuous submergence and may not contain fibrous components;
13. All mechanical systems shall be certified by a professional engineer to satisfy all applicable flood
hazard area provisions of the current adopted building codes set forth in chapter 10 along with
the following requirements. If conflicts exist between this division and chapter 10, then chapter 10
requirements shall govern;
a. Float operated automatic control valves shall be installed so that fuel supply is automatically
shut off when flood waters reach the floor level where mechanical systems are located;
b. Manually operated gate valves shall be installed on gas supply lines. The gate valves shall be
operable from a location above the base flood elevation;
c. Electrical components of the HVAC systems shall meet the requirements of D.12 above; and
d. Furnaces, cooling units, and all associated ductwork shall be installed at least two feet above
the base flood elevation;
14. All plumbing systems shall be certified by a professional engineer to satisfy all applicable flood
hazard area provisions of the current building codes set forth in chapter 10 along with the
following requirements. If conflicts exist between this division and chapter 10, then chapter 10
requirements shall govern:
a. The building sewer line shall have a backwater valve installed to prevent sewage backup into
the building; and
b. All toilets, stools, sinks, urinals, vaults, and drains shall be located so the lowest point of
possible flood water entry is at least two feet above the base flood elevation.
E. Recreational vehicles may be permitted, provided that:
1. Recreational vehicles that are on site for more than 180 days out of the year, or are not ready for
highway use, shall meet the manufactured home requirements in subsection D.6 and subsection
D.7.
F. Mining or excavation of material from pits or pools provided that:
1. A buffer strip of undisturbed land of sufficient width to prevent the base flood from channeling
into the mine or excavation is left between the edge of the channel and the edge of the mine or
excavation;
2. The mine or excavation meets all applicable laws and regulation of other local and state agencies;
and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
3. Mined or excavated material is stockpiled outside of the regulatory floodway.
G. All other uses, activities and artificial obstructions not otherwise prohibited by 38.600.250.B or
any other provision of this chapter may be permitted in the flood fringe subject to issuance of a
floodplain permit.
sec. 38.600.280. - Waiver of floodplain permit requirements prior to
undertaking emergency repair or replacement or temporary protective
measures.
A. This division is not intended to prevent a person or entity from taking temporary protective measures
necessary to safeguard life, buildings, or structures during periods of flooding emergency. A person
or entity shall make a reasonable effort to notify the floodplain administrator prior to initiating such
temporary protective measures within the regulated flood hazard area. If prior notice is not practical,
a person or entity shall provide notice to the floodplain administrator in all cases no later than five
days after the temporary protective measure was undertaken. Temporary protective measures shall
not be located in the channel of the regulatory floodway or increase the flood hazard to others, and
shall be entirely removed upon cessation of the flooding emergency.
B. Emergency repair and replacement of severely damaged public transportation facilities, public water
and sewer facilities, public utility electricity and natural gas distribution facilities, and flood control
works may be authorized and floodplain permit requirements waived prior to undertaking such
emergency work if:
1. Upon notification and prior to emergency repair and/or replacement, the floodplain administrator
determines that an emergency condition exists warranting immediate action; and
2. The floodplain administrator agrees upon the nature and type of proposed emergency repair and/
or replacement.
3. Authorization to undertake such emergency repair and replacement work may be given orally
if the floodplain administrator believes that a written authorization would unduly delay the
emergency works. Such oral authorization must be followed by a written authorization describing
the emergency condition, the type of emergency work agreed upon, and a statement that oral
authorization had been previously given.
C. Nothing in this section impairs or abrogates the authority of the floodplain administrator from
requiring a floodplain permit be obtained retroactively by a person or entity undertaking emergency
repair, replacement, or temporary protective measures upon cessation of the emergency conditions
that gave rise to the emergency repair, replacement, or temporary protective measures. The
floodplain administrator may require the permittee to complete remedial work or activities necessary
to achieve compliance with this division.
sec. 38.600.290. - Variances.
A. A variance from the minimum requirements of this division may be authorized as set forth in this
section and 38.760. The granting of a variance by the review authority authorizes the floodplain
administrator to issue a floodplain permit that otherwise would conflict with the minimum
requirements of this division. In no case may the review authority authorize a variance from a use,
activity, or artificial obstruction prohibited by state or federal law.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
B. In addition to submittal materials for variances set forth in 38.710.150, a variance from the minimum
requirements of this division shall be accompanied by a floodplain permit application deemed
acceptable by the floodplain administrator pursuant to 38.600.190, and be noticed publicly pursuant
to Table 38.730.020-1.
C. Variances may be issued for the repair, rehabilitation or substantial improvement of a structure
designated as historic by the U.S. Secretary of Interior or an approved state or local government
historic preservation program upon a determination that the proposed repair, rehabilitation or
substantial improvement will not preclude the continued designation of the structure as a historic
structure and the variance is the minimum necessary to preserve the historic character and design of
the structure.
D. Variances from this division shall conform to 44 CFR 60.6(a) and ARM 36.15.218.
E. The floodplain administrator must maintain records of variance notifications and actions, including
justifications for variance issuance, and forward all variance actions to the DNRC and FEMA upon
disposition.
sec. 38.600.300. - Appeals.
Appeals from administrative project decisions or administrative interpretations made under this division
may be taken as set forth in 38.760. Appeal submittal materials applicable under 38.710 shall be provided.
sec. 38.600.310. - Enforcement.
A. It is the purpose to provide for the efficient, reasonable, and impartial enforcement of this division
through the floodplain administrator and to set forth the basic procedures for compliance with, and
remedies for, violations of this division.
B. Any person may file a complaint with the floodplain administrator whenever a violation of this division
is alleged to have occurred. The complaint must be provided to the floodplain administrator in
writing, state fully the facts supporting it, and signed by the complainant. If the complaint is filed by
three titleholders of land which may be affected by the alleged violation, the floodplain administrator
must perform an investigation to determine whether a violation of this division has occurred. The
names and addresses of the complainants are a matter of public record.
C. The floodplain administrator may make reasonable entry upon any lands and waters for the purpose
of making an investigation, inspection or survey to verify compliance with this division and may do
so upon the floodplain administrator's own initiative if the floodplain administrator has reasonable
suspicion to believe a violation under this division has occurred.
1. The floodplain administrator must give notice of entry by mail, electronic mail, phone call, or
personal delivery to the owner, owner's agent, lessee, or lessee's agent on whose lands entry is
requested.
2. If none of these persons can be found, the floodplain administrator must affix notice to one or
more conspicuous places on the property.
D. After an investigation, the floodplain administrator must provide notice to any person or entity
believed to be responsible for a violation of this division of such violation and must bring any violation
to the attention of the local governing body, its legal counsel, and the DNRC.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
1. The notice of violation may be in the name of the city and may order the cessation of the
violation and require that a corrective action plan be provided within a period of time deemed
reasonable by the floodplain administrator.
2. Such notice of violation must be sent by mail or other means and is subject to appeal pursuant to
38.600.300.
3. Failure to comply with a cessation order or requirement for corrective action is cause for the city
to initiate any legal remedy it may have including but not limited to those remedies established in
38.700.160 and 1.01.210.
sec. 38.600.320. - Penalty.
Violation of the provisions of this division or failure to comply with the requirements of a floodplain
permit are subject to the provisions of 38.700.160 and 1.01.210.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
Division 38.610. - WETLAND REGULATIONS
sec. 38.610.010. - Title and applicability.
A. This division may be cited as the “wetlands regulations”.
B. These wetland regulations apply to land which exhibit positive wetland indicators for all three wetland
parameters defined in 38.700.210.
C. These wetland regulations apply to applications for development that may impact wetlands, and
these regulations also apply to actions that modify or impact a wetland on land not associated with
the development proposal.
D. The city has concurrent jurisdiction over federally jurisdictional wetlands, defined as wetlands that are
regulated by a federal agency.
E. The regulations in this division do not require mitigation of wetlands created by agricultural water
user facilities or wetlands created by stormwater facilities.
F. The obligation to comply with issued approvals and maintain approved mitigation runs with the land.
G. 38.610 does not repeal, abrogate, supersede, or impair any existing restriction imposed by federal
or state law. This division may impose more stringent requirements than federal or state law. If this
division imposes greater or more stringent requirements than a privately imposed deed restriction or
agreement, the provisions of this division control.
sec. 38.610.020. - Purpose.
A. Wetlands perform important public health, safety, and welfare functions. The purpose of this 38.610 is
to protect, preserve and enhance wetlands to provide:
1. Aquifer recharge;
2. Water storage;
3. Regional stream hydrology (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for sediments and nutrients);
6. Nutrient removal from urban and non-point source runoff;
7. Habitat for fish, wildlife and plants (including those that are endangered or threatened); and
8. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community residents and
benefit the public welfare of the community. The purpose of this 38.610 to protect, preserve and
enhance wetlands to provide:
1. Recreation;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
2. Open space;
3. Aesthetic considerations;
4. Education and research;
5. Historical, cultural and archaeological resources; and
6. Reduce public costs related to wastewater discharge permit compliance and water quality
enhancements and protections.
C. Wetlands can present significant constraints to development. It is the purpose of these regulations to
protect public and private facilities and structures from damage, minimize risk to public and private
development, and reduce maintenance costs.
D. This division requires an applicant to first avoid impacts to wetlands and if avoidance is not feasible
to minimize impacts and mitigate impacts. Minimization of regulated activities within regulated areas
may be achieved by integration of regulated areas with required parklands and open space. This
division recognizes that impacts to regulated areas may occur to advance other adopted policies and
goals of the city.
E. Nothing in this 38.610 may be construed to prevent irrigators from diverting water pursuant to water
rights or owners of such rights from exercising those rights including maintenance of agricultural
water conveyance facilities.
F. Nothing in this 38.610 may be construed to prevent compliance with applicable state or federal
statutes and regulations.
G. The purpose of this division is to balance the benefits of land development, such as housing and job
creation, with the benefits wetlands provide to the community.
sec. 38.610.030. - Application of wetland regulations.
A. These regulations apply to any regulated activity as described in 38.610.050 which may impact
wetlands and which impacts are known prior to, or discovered through the development review
process, and which are verified through a site-specific wetland boundary delineation. When any
regulated activity is proposed, a wetlands boundary delineation must be conducted. If the wetlands
delineation indicates wetlands are not present on or adjacent to the property, the review authority
may determine these regulations do not apply. If wetlands exist on the property, the proposed
development is subject to these wetland regulations and the provisions of this 38.610 will be applied
in addition to any other applicable regulations of this code. If site conditions exist that indicate
wetlands could potentially be present on the property, the review authority may require the following
be provided with the submittal of an application for development:
1. A wetlands boundary delineation pursuant to 38.220.130 and 38.610.040 must be prepared by a
qualified wetland professional in accordance with the most current version of the USACE Wetland
Delineation Manual of the U.S. applicable to the USACE Omaha District and Regional Supplement
to the Corps of Engineers Wetland Delineation Manual: Western Mountains.
2. A qualified wetland professional is an individual with a minimum of a bachelor's degree in a water
resource related field, five years' experience in a wetland related field, and/or a professional
wetland scientist certification.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
3. If wetlands do not exist on the subject property, a letter from a qualified wetland professional
must be submitted certifying the same.
B. Wetlands which are not within the jurisdiction of a federal agency, and which are less than 400
square feet are exempt from this 38.610 unless the wetland provides habitat for the following species
as confirmed by a state or federal agency:
1. Habitat for plant, animal or other wildlife species listed as threatened or endangered under federal
law;
2. Habitat for plant, animal or other wildlife species listed as a species of concern, species of
potential concern, or species on review as determined by the state; or
3. A portion of a mosaic of wetland areas interspersed with upland areas and other habitat types
with interconnected ecological functions.
C. Any development for which the watercourse setback requirements of 38.410.100 are provided and
do not result in any wetland impact is considered to have addressed the requirements of this 38.610.
Notwithstanding the above, the permitting regulations of this division for activities identified in
38.610.050 apply.
D. Applicants must avoid impacts to regulated wetlands. If the applicant demonstrates impacts to
wetlands cannot be avoided, the review authority may approve development that impacts wetlands if
such impacts are minimized, and appropriate mitigation is provided.
sec. 38.610.040. - Wetlands boundary and jurisdictional determinations.
A. The USACE is the only entity that may issue an Approved Jurisdictional Determination.
B. The review authority may rely on the wetland delineation and the Approved Jurisdictional
Determination submitted with the application.
1. If the Approved Jurisdictional Determination indicates federal jurisdiction over the wetlands exists,
and impacts to the wetlands are proposed, the applicant must submit a copy of the applicant’s
Clean Water Act Section 404 permit application to the city concurrent with the application for
development under this chapter.
2. If the Approved Jurisdictional Determination indicates federal jurisdiction over the wetlands
does not exist, and impacts to the wetlands are proposed, the applicant must comply with the
regulations of this chapter and obtain approval from the review authority for any impacts and
the required mitigation. The city will determine the extent of and means of mitigation subject to
38.610.100.
3. Regardless of jurisdictional status, the city will review the submitted material under local
jurisdiction for any regulated activities in a wetland. All development is subject to the review
process of 38.230.
4. If federal jurisdiction is later determined to exist, the applicant must comply with any
requirements of USACE.
5. Approval by the city to impact wetlands in no way implies a determination by the city of USACE
jurisdiction or federal regulations.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
6. A wetland delineation and boundary determination are valid for five years from the original report
date.
sec. 38.610.050. - Regulated activities.
A. The activities listed in this section are prohibited within a wetland, regardless of federal or city
jurisdictional status unless the proposed activity is approved by the entity having jurisdiction.
B. Any activity which reduces the size of a wetland or reduces the degree to which a wetland performs
any function identified in the wetland delineation report is subject to the requirements of this 38.610.
Such activities include but are not limited to:
1. Placement of any material, including any soil, sand, gravel, mineral, aggregate, organic material,
or water;
2. Construction, installation, or placement of any obstruction, or the erection of a building, trail,
boardwalk, or other structure;
3. Removal, excavation, or dredging of solid material of any kind, including any soil, sand, gravel,
mineral, aggregate, or organic material;
4. Removal of any existing vegetation or any activity which will cause any loss of vegetation;
5. Alteration of the surface water level or ground water table by any means, including draining,
ditching, trenching, impounding, or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow patterns,
or flood retention characteristics by any means, including grading and alteration of existing
topography.
sec. 38.610.060. - Activities allowed without a permit.
A. Except for wetlands under federal jurisdiction, the activities listed in this section are permissible
without prior approval by the review authority, if such activity does not reduce the size of a
wetland or does not significantly reduce the degree to which a wetland performs any function.
Notwithstanding the above, such activity must comply with any other applicable local, state, or
federal law. Activities permissible without a city development approval may include:
1. Maintenance of an existing and lawful public or private road, structure or facility, including but not
limited to drainage or stormwater facilities, water conveyance structures, dams, fences, trails, or
any facility used to provide transportation, electric, gas, water, telephone, telecommunications
or other services provided that these activities do not materially change or enlarge any road,
structure or facility;
2. Maintenance of an existing farm or stock pond, an agricultural water user facility, agricultural
fence, or drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan approved
by the county weed control district or other maintenance activities to remove or control state
identified noxious weeds;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
4. Continuation of existing agricultural practices such as the cultivation and harvesting of hay or
pasturing of livestock, or a change of agricultural practices which has no greater impact on
wetland function;
5. Conservation or preservation of soil, water, vegetation, fish, and other wildlife;
6. Outdoor recreational activities, such as fishing, bird watching, hiking, floating, and swimming
which do not harm or disturb the wetland;
7. The harvesting of wild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance outside a wetland but within a previously
approved watercourse setback or wetland buffer, including but not limited to the pruning of trees,
mowing of grass, and removal of dead vegetation and debris; and
10. Activities in a wetland previously approved pursuant a wetland permit or city development
approval, including but not limited to removal of debris and maintenance of vegetation and
wildlife habitat.
B. If federal jurisdiction exists, the applicant must comply with all requirements of the USACE or any
other state or federal agency having jurisdiction.
sec. 38.610.070. - Application requirements and procedures for
activities in wetland areas.
A. All proposals for regulated activities in wetlands areas must be reviewed by the review authority. The
applicant must prepare a functional assessment for all wetlands using an assessment tool currently
accepted by the Omaha District of the USACE or the State of Montana. If wetland impacts are
proposed in association with a development permit, application must follow the review process for
the development permit.
B. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is not
proposed in conjunction with a land development proposal, the applicant must submit a sketch plan
application for decision by the review authority.
C. The applicant is prohibited from taking or engaging in a regulated activity that impacts a wetland until
authorized to do so by the review authority.
D. The applicable information required in 38.220 must be submitted for all regulated activities proposed
for regulated wetland areas.
sec. 38.610.080. - Review standards and minimum wetland buffer.
A. The review authority may approve an application under this 38.610 after having considered the
applicant’s documentation of:
1. The functions and values described in 38.610.030 and as determined by a USACE accepted
method of functional assessment of the wetland that may be affected by the proposed regulated
activity;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
2. The extent and permanence of adverse effects of the regulated activity on the wetland and any
associated watercourse;
3. Any proposed mitigation; and
4. The applicant’s demonstration:
a. That any unavoidable adverse impacts on the wetland have been minimized; and
b. The activity will result in minimal impairment to any wetland function, including the following:
(1) Plant, animal or other wildlife species listed as threatened or endangered under federal
law; or
(2) Plant, animal or other wildlife species listed as a species of concern, species of potential
concern, or species by the state.
B. Minimum Wetland Buffer. All development must provide a minimum wetland buffer of ten feet
from the edge of the delineated wetland wherein any disturbance to the wetland buffer including
construction activities is prohibited. The review authority may require a larger wetland buffer based
on the wetland delineation report.
sec. 38.610.090. - Wetland approval conditions.
The review authority may require mitigation as provided for in 38.610.100 and impose conditions of
approval for proposed regulated activities that are necessary to mitigate impacts to wetlands, or which
are necessary to mitigate infringement upon wetlands and wetland buffers, or negative indirect or direct
effects on the functionality of wetlands and wetland buffers. Conditions of approval may include but are
not limited to, the following:
A. Notwithstanding the minimum wetland buffer, requiring a wetland buffer of a size appropriate for the
proposed activity and the regulated wetland as determined by the review authority;
B. Requiring structures be appropriately supported and elevated or otherwise protected against hazards;
C. Modifying proposals for waste disposal, stormwater, or water supply facilities;
D. Requiring protective covenants between the landowner and the city regarding the future
development, use, and subdivision of lands, including but not limited to the preservation of
undeveloped areas as open space and restrictions on vegetation removal;
E. Requiring a protective covenant between the landowner and the city stating the measures that will be
taken to protect all water resources, mitigation, and buffer areas;
F. Requiring erosion control and stormwater best management practices (BMPs);
G. Clustering structures or development;
H. Restricting fill, deposit of soil, and other activities which may be detrimental to a wetland;
I. Modifying the project design to ensure a reliable source and flow of water to the regulated wetland;
J. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining
wetland functions;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
K. Requiring a mitigation monitoring report to be submitted to the review authority (the period and
frequency of the reporting will be determined on a case-by-case basis); and
L. Requiring that all reasonable effort be made to limit indirect impacts to vegetation and hydrological
connectivity in the site design.
sec. 38.610.100. - Wetland mitigation.
A. Adverse wetland impacts must be mitigated regardless of wetland jurisdictional status in the following
order of priority except as may be required or authorized by the USACE for wetlands within USACE
jurisdiction:
1. Impacts must be mitigated on-site where feasible to do so. Using an approved wetland
functional assessment methodology, the replacement function and value of the on-site
mitigation wetland must meet or exceed the functions and values of the impacted wetland. If
conditions are not suitable for establishing on-site mitigation, the review authority may authorize
an alternative mitigation as described in subsections A.2-6. On-site mitigation must be conducted
in accordance with methods and standards established by the USACE. Factors the review
authority may consider in determining feasibility of on-site mitigation include but are not limited
to: available area; the availability and reliability of water to serve the mitigation site; soil and
vegetation types; wetland size and functional class; existing and future land use; compliance with
adopted land use plans; and the city’s current and future planned transportation network.
2. If mitigation is not suitable on-site, impacts must be mitigated through the purchase of wetland
mitigation credits from a wetland bank authorized by the USACE and which is located within the
East Gallatin River watershed.
3. If an authorized wetland bank is not available in the East Gallatin watershed, impacts must be
mitigated through the purchase of wetland mitigation credits from a wetland bank authorized by
USACE and which is located within the Gallatin River watershed;
4. If a wetland bank is not available within the Gallatin River watershed, the developer must provide
a proportional payment to an in-lieu fee wetland mitigation provider authorized by the USACE to
develop wetland mitigation projects within the Gallatin River watershed; and
5. If a wetland in-lieu fee provider authorized by the USACE is not available within the Gallatin
River watersheds, the developer must obtain wetland mitigation credits from the geographically
nearest wetland bank authorized by the USACE.
B. The city commission may, pursuant to Resolution, establish standards that:
1. Require a decrease in the compensatory value of mitigation bank credits as distance to the bank
increases from the location of wetland adversely impacted; and
2. Ensure the amount of mitigation credits or acreage of wetland mitigation required are reasonably
related to the area and functional class of the impacted wetland.
sec. 38.610.110. - Administrative procedures authorized.
The city manager or designee may adopt and amend administrative procedures to implement this
division. The administrative procedures include, but are not limited to, the following items:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
A. Guidelines necessary to conduct an analysis of alternatives to the proposed action related to the
prioritization of mitigation as provided for in 38.610.100;
B. Coordination with stormwater management practices;
C. Coordination with USACE to avoid duplication of wetland mitigation bank credits;
D. Procedures for provision of payment to USACE authorized in-lieu-fee provider for wetland impacts or
mitigation;
E. Requirements for wetlands delineation and wetland Jurisdictional Determination reports;
F. Procedures for certification of wetland delineation and opinion of wetlands jurisdictional status
reports;
G. Guidelines related to the content of a required monitoring report;
H. Procedures to implement 38.610.100 including procedures related to timing of mitigation prior to
construction of construction of improvements;
I. Requirements for wetland mitigation plans including ensuring long-term protections for off-site
mitigation such as an easement or protective covenant that cannot be removed without consent of
the city;
J. Fees for wetland review and mitigation prioritization; and
K. Guidelines for local in-lieu-fee program
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
Division 38.620. - WATERCOURSE SETBACKS.
A. The purpose of this section is to protect watercourses and the land adjacent to ensure bank
stabilization; sediment, nutrient and pollution removal; provision of habitat and shade; and flood
control.
B. Where a parcel proposed for development contains a watercourse, the development is prohibited
from placing structures (such as buildings, parking lots, or other impervious surfaces), an addition
to an existing structure, any fill material (other than that required for exempt uses), other similar
improvements within required watercourse setbacks.
C. The development may integrate the watercourse and watercourse setbacks with required parklands
and open space subject to 38.420.
D. The requirements of this section may not be less restrictive than the requirements of the city
floodplain regulations or any other applicable regulation of this chapter.
1. The watercourse setbacks must be measured from the ordinary high-water mark as defined
in 38.700.090 and as depicted on Figure 38.410.100-1. When no ordinary high-water mark is
discernible, the watercourse setback must be measured from the top of the watercourse bank.
2. The following apply to all developments.
a. Setbacks. The following setback requirements must be met:
(1) East Gallatin River. A minimum 100-foot setback must be provided along both sides of
the East Gallatin River.
(2) Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback must be
provided along both sides of Sourdough/Bozeman and Bridger Creeks.
(3) Other watercourses. A minimum 50-foot setback must be provided along both sides of
all other watercourses.
(4) All watercourse setbacks must be extended as necessary to address the following
additional requirements;
(a) The setback must extend to the delineated boundary of the regulated flood hazard
area pursuant to 38.600.130.B where the regulated flood hazard boundary is larger
than the setbacks established in this subsection D.2.a (see Figure 38.410.100-2);
(b) The setback must incorporate a minimum 50-foot wetland setback from the
delineated boundary of any wetlands adjacent to the watercourse. A larger setback
may be established per 38.610. A wetland is adjacent to a watercourse when some or
all of the wetland lies within the required watercourse setback. Figure 38.410.100-3.
b. The relocation of a watercourse, if approved by the review authority, is not subject to the
restrictions of subsection D.2.a.
c. Allowed encroachments. The watercourse setback is divided into two zones. Zone 1 consists
of the 60 % of the setback closest to the watercourse, and Zone 2 consists of the 40 % of the
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
setback furthest from the watercourse. The following describes exceptions for development
in Zone 1 and Zone 2:
(1) On-site stormwater treatment facilities may be located in Zone 2.
(2) Trails and trail-related improvements may be placed within the watercourse setback
subject to the following:
(a) Trails, and trail-related improvements such as benches and trail signage, may be
placed in Zone 2;
(b) Limited, non-looping developed spur trails to the edge of the watercourse may cross
all zones. Benches and limited informational/interpretive signage may be placed in
Zone 1 at the terminus of spur trails;
(c) Due to topography, avoidance of wetlands, or geographical constraints, portions of
non-spur trails may be placed in Zone 1. Trail construction within Zone 1, inclusive
of watercourse crossings and spur trails may not exceed the length of 300 % of the
width of the applicable watercourse setback per 500 lineal feet of watercourse;
(d) All trails must be constructed to minimize bank instability, sedimentation, nutrient
and pollution runoff. Trails must be aligned to minimize damage to plant and wildlife
habitat; and
(e) Trails crossing the watercourse and trail-related bridge structures may be located
within all zones provided that the appropriate local, state and federal permits are
obtained.
(3) Streets, active transportation pathways, utility lines, or similar public construction may be
permitted within all zones for the purpose of crossing a watercourse, compliance with an
adopted city plan, or protecting public health and safety. The following practices must be
observed:
(a) Crossings must be minimized to the greatest extent feasible while still complying
with other applicable standards of this code;
(b) Crossings with direct angles (90 degrees) must be used to the greatest extent feasible
instead of oblique crossing angles;
(c) Construction must be capable of withstanding 100-year flood events; and
(d) A bank stabilization plan for all watercourse crossings must be prepared and
approved by the review authority prior to site preparation and installation of the
improvement.
(4) Outlets from stormwater treatment facilities may pass through all zones, provided that
all required permits are obtained. Stormwater facilities must be designed to prevent the
discharge of untreated stormwater directly into a watercourse.
(5) Ongoing control of noxious weeds by the property owner is required and activities
required within limits outlined in any approved noxious weed control plan may occur in
all zones.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
d. Setback planting. To ensure watercourse setback function, a setback planting plan must be
prepared by a qualified landscape professional and must be reviewed and approved by the
review authority prior to the commencement of development or site preparation. The plan
must include a schedule, and plantings must be depicted on the plan as follows:
(1) Zone 1: Zone 1 must be (re)vegetated with new or existing native materials suited for a
riparian area based on the following. One 100 % of the disturbed areas of Zone 1 must
be planted with a ground cover of native riparian trees, sedges, forbs, and grasses
suited for the area. In addition, a minimum of one shrub for every ten linear feet and
one tree for every 30 linear feet of the watercourse must be planted along each side of
the watercourse. Grouping or clumping of trees and shrubs as appropriate in a riparian
area is encouraged. Species that are appropriate to the soil hydrologic conditions are
required. Tree and shrub species selected must be suitable for the climate and for
planting in a riparian area with an emphasis on native species. Incorporation of existing
healthy vegetation of types required in this section within the setback planting plan is
encouraged.
(2) Zone 2: Disturbed areas of Zone 2 must be revegetated with new or existing native
grasses suited for the area. plantings in this area must be maintained in a natural state
consistent with the approved setback planting plan and managed for good plant health.
(3) The property owner is responsible for maintenance of the watercourse setback
landscaping. If it can be demonstrated that irrigation is present for the trees and shrubs,
and fencing is provided for the trees and shrubs, the number of required trees may be
reduced to one tree for every 60 linear feet and one shrub for every 20 linear feet of the
watercourse along each side of the watercourse.
(4) Planting materials are exempt from the size requirements of 38.550.050.F.
(5) To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks
must be covered with existing vegetation or must be seeded with native grasses as soon
as seasonally feasible.
(6) Use of native grasses, forbs, sedges, trees, and other herbaceous plants in areas of
disturbance (e.g., bridges, culverts, utilities installation, trails) within the watercourse
setback is required.
e. If irrigation is to be installed in the setback, an irrigation plan must be provided pursuant to
38.220.100 and the irrigation system, but not the plantings, must comply with requirements
outlined in the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual.
f. Except as otherwise allowed in subsections D.2.c and D.2.d of this section, disturbance of soils
and existing vegetation is prohibited in the setback.
g. Nothing in this section prohibits an owner of affected property from:
(1) Combining two or more lots to assemble a larger and more usable lot;
(2) Petitioning the state department of fish, wildlife and parks and the county conservation
district to reclassify the watercourse as exclusively an irrigation water user facility; or
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 6-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
(3) After receipt of required permits, and prior approval by the review authority, relocating
the watercourse and associated setbacks and requirements.
E. An applicant may request relief from the provisions of this division by:
1. Applying for a variance to dimensional standards of the watercourse setbacks as allowed by and
subject to the requirements of 38.250;
2. When applicable, seeking a deviation to dimensional standards of the watercourse setback as
allowed by and subject to the requirements of 38.430;
3. A departure from the watercourse setback may be approved by the review authority when the
review authority has made the following findings:
a. The applicant has demonstrated by sufficient evidence the site cannot be developed in
compliance with the setback standards;
b. The property received preliminary plat approval or other final approval to develop prior to July
10, 2002;
c. Application of the applicable watercourse setback and other applicable setbacks causes
an existing parcel to have its buildable area reduced to 25% or less of the total lot area.
Notwithstanding the above, the review authority may grant a departure greater than 25% from
the applicable watercourse setback if the review authority determines other criteria of this
subsection E.3 are met and the encroachment on the watercourse setback will not adversely
affect sediment, nutrient and pollution removal or the provision of habitat and shade or flood
control and will not have an adverse effect upon the stabilization of the watercourse bank;
and
d. The departure may not reduce a setback to less than:
(1) 100-foot setback adjacent to or within the regulated flood hazard area of the East
Gallatin River.
(2) 35-foot setback adjacent to or within any regulated flood hazard area of any other
watercourse.
(3) A portion of the required setback, immediately adjacent to the ordinary high-water
mark, must be left in a natural vegetative state or be subject to a setback planting plan as
follows:
(a) East Gallatin River—60 feet.
(b) Other watercourses—21 feet.
4. Miscellaneous.
a. The watercourse setback must be depicted on all preliminary plats and plans. A note
identifying presence of watercourse and setbacks must be provided on final plats and plans
and include notice that setback standards are subject to change prior to future development
within the subdivision.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20256-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 6 - NATURAL RESOURCE PROTECTION
b. b. This section does not apply to uses, activities, and structures which existed on or before
July 10, 2002, including agricultural uses, agricultural water user facilities, lands controlled in
the conservation reserve program. Any agricultural uses, activities, or structures established
after July 10, 2002 must comply with these regulations.
Figure 38.410.100 - 1. Watercourse minimum numeric setbacks.
Figure 38.410.100 - 2. Watercourse setbacks with a regulatory flood hazard area.
Figure 38.410.100 - 3. Watercourse setbacks with adjacent wetlands.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 7. - PERMITS,
LEGISLATIVE ACTIONS AND
PROCEDURES
DIVISION 38.700. - JURISDICTION AND SCOPE OF AUTHORITY .........................................7-5
Sec. 38.700.010. - Review authority. .............................................................................................................7-5
Sec. 38.700.020. - Administration and enforcement. ................................................................................7-8
Sec. 38.700.030. - Enforcement; community development director. ...................................................7-8
Sec. 38.700.040. - Stop-work order. .............................................................................................................7-8
Sec. 38.700.050. - Permission to enter. ........................................................................................................7-8
Sec. 38.700.060. - Inaccurate or incomplete information and waivers. ...............................................7-8
Sec. 38.700.070. - Coordinated reviews. ......................................................................................................7-9
Sec. 38.700.080. - Date of submittal. ............................................................................................................7-9
Sec. 38.700.090. - Plan application checking; notice of noncompliance. ..........................................7-9
Sec. 38.700.100. - Building permit requirements. ......................................................................................7-9
Sec. 38.700.110. - Permit issuance; conformity with regulations required. ........................................7-10
Sec. 38.700.120. - Permits issued contrary to chapter deemed void. ..................................................7-10
Sec. 38.700.130. - Expiration of permits. ....................................................................................................7-10
Sec. 38.700.140. - Fee schedule. ..................................................................................................................7-10
Sec. 38.700.150. - Complaints of alleged violations; filing and recording. .........................................7-11
Sec. 38.700.160. - Violation; penalty; assisting or abetting; additional remedies. ............................7-11
Sec. 38.700.170. - Development review committee (DRC) and staff. .................................................7-12
DIVISION 38.710. - SUBMITTAL MATERIALS AND REQUIREMENTS ....................................7-14
Sec. 38.710.010. - General requirements. .................................................................................................7-14
Sec. 38.710.020. - Streambed, streambank and/or wetlands permits. ................................................7-14
Sec. 38.710.030. - Subdivision pre-application submittal materials. ....................................................7-14
Sec. 38.710.040. - Subdivision preliminary plat. ........................................................................................7-18
Sec. 38.710.050. - Documentation of compliance with adopted standards. ....................................7-20
Sec. 38.710.060. - Final plat. ..........................................................................................................................7-31
Sec. 38.710.070. - Site plan submittal requirements. ..............................................................................7-34
Sec. 38.710.080. - Certificates of appropriateness. .................................................................................7-40
Sec. 38.710.090. - Submittal requirements for landscape and irrigation plans. .................................7-41
Sec. 38.710.100. - Sketch plan submittal requirements. ........................................................................7-43
Sec. 38.710.110. - Planned development zone general plan and final plan submittal requirements ....
7-44
Sec. 38.710.120. - Submittal materials for review of activities in or adjacent to wetlands and water-
courses. .............................................................................................................................................................7-45
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
Sec. 38.710.130. - Submittal materials for appeals of administrative project decisions. .................7-48
Sec. 38.710.140. - Administrative interpretation or decision appeals. .................................................7-48
Sec. 38.710.150. - Submittal materials for variances. ..............................................................................7-49
Sec. 38.710.160. - Submittal materials for telecommunications. .........................................................7-49
Sec. 38.710.170. - Submittal materials for regulated flood hazard areas. ...........................................7-52
Sec. 38.710.180. - Submittal materials for text or map amendments. ................................................7-52
Sec. 38.710.190. - Submittal materials for concept plans. .....................................................................7-52
DIVISION 38.720. - SUPPLEMENTARY DOCUMENTS .............................................................7-55
Sec. 38.720.010. - General. ...........................................................................................................................7-55
Sec. 38.720.020. - Property owners' association. ....................................................................................7-55
Sec. 38.720.030. - Covenants. .....................................................................................................................7-56
DIVISION 38.730. - NOTICING. ..................................................................................................7-59
Sec. 38.730.010. - Contents of notice. ......................................................................................................7-59
Sec. 38.730.020. - Notice requirements for application processing. ..................................................7-59
DIVISION 38.740. - PLAN REVIEW .............................................................................................7-62
Sec. 38.740.010. - Introduction. ..................................................................................................................7-62
Sec. 38.740.020. - Classification of plans. .................................................................................................7-62
Sec. 38.740.030. - Special development proposals—Additional application requirements, review
procedures and review criteria. ...................................................................................................................7-63
Sec. 38.740.040. - Application of plan review procedures. ...................................................................7-64
Sec. 38.740.050. - Special temporary use permit. ...................................................................................7-65
Sec. 38.740.060. - Sketch plan review. ......................................................................................................7-66
Sec. 38.740.070. - Certificates of appropriateness—Additional review procedures and review crite-
ria. .......................................................................................................................................................................7-67
Sec. 38.740.080. - Plan review procedures. .............................................................................................7-68
Sec. 38.740.090. - Plan review criteria. ......................................................................................................7-70
Sec. 38.740.100. - Special use permit. ........................................................................................................7-73
Sec. 38.740.110. - Final plan. .........................................................................................................................7-75
Sec. 38.740.120. - Amendments to plans including the reuse, change in use, or further develop-
ment of sites developed prior to the adoption date of a development standard. .............................7-77
Sec. 38.740.130. - Building permits based upon approved sketch or site plans. ..............................7-78
Sec. 38.740.140. - Appeals. ...........................................................................................................................7-78
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.750. - SUBDIVISION PROCEDURES ...................................................................7-79
Sec. 38.750.010. - Transfers of title. ............................................................................................................7-79
Sec. 38.750.020. - Effect of recording complying plat. ..........................................................................7-79
Sec. 38.750.030. - Correction of errors, amendments or vacation of recorded final plats. ..........7-79
Sec. 38.750.040. - General review procedure. .........................................................................................7-79
Sec. 38.750.050. - Pre-application plan review. ......................................................................................7-79
Sec. 38.750.060. - Concurrent Montana Land Use Planning Act and Sanitation and Subdivision Act
review. ...............................................................................................................................................................7-80
Sec. 38.750.070. - Preliminary plat review. ................................................................................................7-81
Sec. 38.750.080. - Subdivision notice and public comment. ...............................................................7-82
Sec. 38.750.090. - Decision. ........................................................................................................................7-83
Sec. 38.750.100. - Duration of approval. ...................................................................................................7-85
Sec. 38.750.110. - Notice of certification that water and waste services will be provided by local
government. .....................................................................................................................................................7-85
Sec. 38.750.120. - Final plat. .........................................................................................................................7-86
Sec. 38.750.130. - Changes to filed subdivision plats. ............................................................................7-89
Sec. 38.750.140. - Subdivision exemptions. ..............................................................................................7-89
Sec. 38.750.150. - Subdivision certificates. ...............................................................................................7-94
DIVISION 38.760. - APPEALS, DEVIATIONS, DEPARTURES AND VARIANCE PROCEDURES ...
7-103
Sec. 38.760.010. - Purpose and review authority. .................................................................................7-103
Sec. 38.760.020. - Meeting and notice requirements. .........................................................................7-103
Sec. 38.760.030. - Appeals. ........................................................................................................................7-103
Sec. 38.760.040. - Administrative Deviations. ........................................................................................7-105
Sec. 38.760.050. - Departures. ..................................................................................................................7-105
Sec. 38.760.060. - Variances. .....................................................................................................................7-105
Sec. 38.760.070. - Reasonable accommodation. ..................................................................................7-107
DIVISION 38.770. - TEXT AND ZONING MAP AMENDMENTS .............................................7-112
Sec. 38.770.010. - Initiation of amendments. ..........................................................................................7-112
Sec. 38.770.020. - Amendments; investigation requirements. ............................................................7-113
Sec. 38.770.030. - Public hearing procedures and requirements. ......................................................7-114
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.780. - IMPROVEMENTS AND SECURITIES ......................................................7-115
Sec. 38.780.010. - Purpose and applicability. ..........................................................................................7-115
Sec. 38.780.020. - Standards for improvements. ...................................................................................7-116
Sec. 38.780.030. - Completion of improvements. .................................................................................7-118
Sec. 38.780.040. - Special provisions for timing of certain improvements. ....................................7-122
Sec. 38.780.050. - Acceptance of improvements. ................................................................................7-123
Sec. 38.780.060. - Improvements agreements. .....................................................................................7-124
Sec. 38.780.070. - Payment for extension of capital facilities. ............................................................7-127
Sec. 38.780.080. - Types of acceptable securities. ...............................................................................7-129
Sec. 38.780.090. - Development or maintenance of common areas and facilities by developer or
property owners' association. ....................................................................................................................7-130
Sec. 38.780.100. - Warranty. ......................................................................................................................7-132
DIVISION 38.790. - NONCONFORMING SITUATIONS .......................................................7-133
Sec. 38.790.010. - Nonconforming uses. .................................................................................................7-133
Sec. 38.790.020. - Changes to or expansions of nonconforming uses. ...........................................7-133
Sec. 38.790.030. - Nonconforming area and bulk requirements for existing lots. ........................7-134
Sec. 38.790.040. - Nonconforming structures. ......................................................................................7-135
Sec. 38.790.050. - Changes to or expansions of nonconforming structures. .................................7-135
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.700. - JURISDICTION AND SCOPE
OF AUTHORITY
sec. 38.700.010. - Review authority.
A. The Montana Land Use Planning Act authorizes review of development and assigns duties of review.
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 land use plan; and
to ensure that the applicable regulations of the city are upheld.
1. The city commission reviews:
a. Amendments to the text of this chapter or amendment to the zoning map including planned
development zones per 38.250.010;
b. Appeals from planning commission decisions;
c. Approval of final plats; and
d. 2nd and subsequent extensions of preliminary plats.
2. The city commission conducts a public hearing for applications under MCA 76-2-402.
B. The community development director must administer and intepret this chapter and, upon
recommendation from the applicable advisory bodies approve, approve with conditions or deny all
applications subject to this chapter except those explicitly assigned to another entity in this section.
C. The city engineer must review and upon recommendation from the applicable advisory bodies when
needed approve, approve with conditions or deny the following site elements and processes:
1. The placement of private utility easements within public rights-of-way owned or controlled by
the city;
2. Specifications for paving of streets and parking areas and modifications;
3. Site access and storm water for reuse and further development per 38.740.130.B;
4. Modifications in required completion time for subdivision improvements per 38.780.030.B.1;
5. The use of a financial guarantee for paving of streets per 38.780.060.C;
6. Plans and specifications for public infrastructure and infrastructure to be granted to the public per
38.400.060.A and 38.400.060.B;
7. Alternate curb return radii per 38.400.090.C.3;
8. Departures for street vision triangles per 38.400.100;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
9. Exceptions to storm water controls per 38.410.080;
10. Exceptions or modifications to installation of pedestrian and bicycle facilities per 38.400.110;
11. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per
38.530.020;
12. Protection of landscape areas per 38.540.050.G;
13. All actions required of the flood plain administrator per article 6;
14. Standards referenced in the City of Bozeman Design and Construction Standards;
15. Alternative widths for public utility easements; and
16. Allow vehicular access from a parking garage to a street per 38.520.080.C.
D. The director of utilities must review and upon recommendation from the applicable advisory bodies
as needed approve, approve with conditions or deny the following development elements and
processes:
1. Payment of cash in-lieu of capital facilities for utilities per 38.780.070.C;
2. Location of storm water facilities within neighborhood centers per 38.410.020;
3. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being
developed per 38.410.070;
4. The maximum length of dead end water mains per 38.410.070;
5. The maximum length of service lines per 38.410.070;
6. Provision of water rights as authorized in 38.410.110; and
7. Landscape and irrigation plans per 38.540.060.
E. The director of transportation and engineering must review and upon recommendation from the
applicable advisory bodies as needed approve, approve with conditions or deny the following
development elements and processes:
1. Payment of cash in-lieu of capital facilities for streets and transportation per 38.780.070.C.
2. All modifications or proposed standards in 38.400.010;
3. Departure for street cross section in 38.400.020 and right of way width in 38.400.050.
4. Subject to 38.400.060, exceptions to the level of service standards established in
38.400.060.B.3.a;
5. Street improvement standards and modifications therefrom per 38.400.060;
6. Acceptable alternative sidewalk design or materials per 38.400.080;
7. Locations and modifications to drive accesses to public streets per 38.400.090.G and
38.400.090.H;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
8. Alternate parking angles for surface and structured parking stall configurations listed in Table
38.530.020-1. All other numeric standards apply;
9. Designation of street classifications for collectors and arterials not shown in the long range
transportation plan;
10. Requirements for a transportation impact study and determination of its contents per
38.710.050.A.11.g; and
11. The waiver of required information per 38.710.070.A.2.i.(3);
F. The director of parks and recreation must review, and as needed approve, approve with conditions or
deny the following development elements and processes:
1. Determine the classification of recreation pathways per 38.420.100.D;
2. Approve final park plans;
3. Approve preliminary park plans when a development is subject to approval by the community
development director; and
4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when:
a. The initial dedication of land per 38.420.020 has been provided;
b. Money to be paid is to address mitigation of recreation impacts above the minimum land
dedication; and
c. A park master plan has been approved for the park servicing the land to be developed.
G. The director of economic development must oversee, review, and as needed approve, approve with
conditions or deny, and manage after approval the following development elements and processes:
1. 38.340 (Affordable Housing).
H. The planning commission hears and decides appeals from final administrative decisions.
I. As detailed in this chapter, the city commission authorizes the applicable advisory bodies to review
and to make recommendations to the review authority regarding development proposals. Under this
section, when advisory boards review and make recommendations to the review authority they act in
a quasi-judicial capacity. Recommendations do not constitute votes of approval or denial.
J. The city commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified
through the review required by these regulations. The city commission or its designated
representatives may not unreasonably restrict a landowner's ability to develop land, but it is
recognized that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing that the
standards of this chapter are minimum requirements and the public health, safety, and general
welfare may be best served by exceeding those minimums, the city commission or community
development director may require as a condition of approval mitigation exceeding the minimums of
this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.700.020. - Administration and enforcement.
A. The community development director must administer and enforce this chapter. If a specific
standard is clearly assigned in 38.700.010 to another authority that authority will coordinate with
the community development director to facilitate consistency of application and meaning. The
community development director or other administrator of standards may be provided with
the assistance of such other persons as they may supervise and those assistants will have the
responsibilities as directed by the community development director or other administrator of
standards. The Community Development Director may interpret the meaning and application of the
content of the chapter when necessary.
B. The community development director or other administrator of standards may in the administration
of this chapter consult with other persons having expertise in relevant subject areas as in such
administrator's opinion is necessary for the review of the proposed development or administration
of the chapter. When an authority other than the community development director is assigned
responsibility for a particular standard that authority must coordinate with the community
development director in administration of that standard.
C. If the community development director or other administrator of standards finds that any of the
provisions of this chapter are being violated, they must notify in writing the person responsible for
such violations, indicating the nature of the violation and ordering the action necessary to correct
it. Such administrator may order discontinuance of illegal use of land, illegal additions, alterations or
structural changes; may order discontinuance of any illegal work being done; or may take any other
action authorized by this chapter to ensure compliance with or prevent violation of its provisions.
sec. 38.700.030. - Enforcement; community development director.
This chapter is enforced by the community development director and authorized representatives. No
development approval, subdivision approval, building permit or business or occupational use license may
be issued, except in compliance with the provisions of this chapter.
sec. 38.700.040. - Stop-work order.
Whenever any subdivision, development or building work is being done contrary to the provisions of this
chapter, the community development director will order the work stopped by notice in writing served on
any person engaged in doing or causing such work to be done, and any such person must immediately
stop such work until authorized by the community development director to proceed with the work. The
building official or city engineer may also issue a stop-work order when building work is being done
contrary to the provisions of this chapter.
sec. 38.700.050. - Permission to enter.
The city may conduct such investigations, examinations and site evaluations as they deem necessary
to verify the information supplied. The submission of material or a plat for review constitutes a grant of
permission to enter the subject property. The grant of permission must continue until all final actions
required by the approval process have been completed.
sec. 38.700.060. - Inaccurate or incomplete information and waivers.
A. The city must review each submitted application for sufficiency as described in 38.750.070 and
38.740.060.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. The final approval body may withdraw approval or conditional approval of a preliminary plat or
other development approval if they determine that information provided by the applicant, and upon
which approval or conditional approval of the preliminary plat or other development was based, is
inaccurate or incomplete.
1. Within 30 calendar days following approval or conditional approval of a preliminary plat or other
development application, any person or agency that claims that information provided by the
applicant is inaccurate or incomplete may submit the information and proof to the community
development department.
2. The community development department must investigate the claim, the accompanying
information and proof, and make a report to the final approval authority within 30 working days
after receipt of the information. If the final approval authority is the city commission, the city
commission must consider the information and proof, and must make a determination regarding
the claim at a regular meeting. Notice of the meeting or presentation of the report must be given
to the claimant and the applicant.
sec. 38.700.070. - Coordinated reviews.
When a proposed subdivision, development or use is also proposed to be annexed to the city, the city
must coordinate the development review and annexation procedures to minimize duplication of hearings,
reports, and other requirements whenever possible. The city commission must also hold joint public
hearings on the initial zoning and the annexation whenever possible. Based upon the circumstances of
proposed development the city may require sequential review of applications.
sec. 38.700.080. - Date of submittal.
A complete application is considered received on the date the application is delivered to the reviewing
agent or agency if accompanied by the review fee. A complete application means it contains all materials
and information required by this chapter.
sec. 38.700.090. - Plan application checking; notice of noncompliance.
A. It is the purpose of this chapter that the community development director and building official check
all development plans and applications for permits for compliance with this chapter both before and
during construction.
B. If, during this procedure, the community development director and/or the building official deems that
the proposed plan or construction does not comply with this chapter, the community development
director and/or building official must inform the applicant of the infraction and must stop all
construction on the project until such time as the applicant, builder or principal revises such plan to
conform to this chapter and/or fulfills the requirements of any mandated review procedure as set
forth in this chapter.
sec. 38.700.100. - 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
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
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 Pollution
Prevention Plan as described in 40.04.350. 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 concurrent construction provisions established in 38.780.
2. Building permit. Within the limits of the city, building permits must be obtained as provided by
10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, or 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 38.250 and 38.740.
sec. 38.700.110. - Permit issuance; conformity with regulations required.
No permit or license of any type will be issued unless the plans and applications are in conformance
with the regulations contained within this chapter. Permits issued on the basis of plans and applications
approved by the building official and community development director authorize only the use,
arrangement and construction set forth in such approved plans and applications, and no other use,
arrangement or construction. Use, arrangement or construction at variance with that authorized is a
violation of this chapter, punishable as provided in this division.
sec. 38.700.120. - Permits issued contrary to chapter deemed void.
Any authorization issued, granted, or approved in violation of the provisions of this chapter is null and
void and of no effect without the necessity of any proceedings or a revocation or nullification thereof.
This includes without limitation subdivision approval, site plan approval or building permit. Any work
undertaken or use established pursuant to any such building permit or other authorization is unlawful.
sec. 38.700.130. - Expiration of permits.
Every permit issued by the building official under the provisions of this chapter will expire by limitation
and become null and void in accordance with 10.02.020.
sec. 38.700.140. - 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.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. No subdivision, or zoning permit allowed by this chapter 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 until fees have been paid in full.
sec. 38.700.150. - Complaints of alleged violations; filing and recording.
Whenever a violation of this chapter occurs or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the causes and basis thereof must be filed with the community
development director. The community development director must record properly such complaint and
immediately investigate and take action thereon as provided by this chapter.
sec. 38.700.160. - Violation; penalty; assisting or abetting; additional
remedies.
The effective enforcement of adopted standards is necessary to accomplish their intended purpose. The
city has a variety of options for the enforcement of this chapter. The community development director
must select the option which in their opinion is most suitable to the circumstance and violation. More
than one enforcement option may be used to attain compliance with the standards of this chapter when
deemed appropriate.
A. Violation of this chapter is a municipal infraction and may be punishable by a civil penalty as provided
in 24.02.040, in addition to other remedies of this section except that the court may impose the
following minimum civil penalties.
1. Each day such violation continues is considered a separate offense and punishable as such. The
minimum civil penalty for violation of this chapter by the same person for the same violation
within a 12-month period is:
a. First citation: $100.00.
b. Second citation: $150.00.
c. Third and subsequent citations: $200.00.
d. The determining factor with respect to the civil penalty is the receipt of service of the citation
and not the judgment.
B. Violation of the provisions of this chapter or failure to comply with any of its requirements including
violations of conditions of approval imposed by the review authority is a misdemeanor. Any person
who violates this chapter or fails to comply with any of its requirements may upon conviction thereof
be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in
accordance with 1.01.210, and in addition must pay all costs and expenses involved in the case except
as stated in subsection D below.
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 Land Use Planning Act is a separate
and distinct offense.
C. The code compliance officer is authorized to issue a notice to appear under the provisions of MCA
46-6-310 to any violator of this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
D. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder,
contractor, agent or other person who commits, participates in, assists or maintains such violation
may each be found guilty of a separate offense and suffer the penalties herein provided.
E. If transfers not in accordance with these regulations or the Montana Land Use Planning Act are
made, the city attorney may commence an action to enjoin further sales or transfers and compel
compliance with all provisions of these regulations.
F. When a violation has not been corrected by the property owner after written notice from the city,
the enforcement officer may seek approval from the community development director for filing at
the county clerk and recorder's office a notice of violation or noncompliance. Such notice serves to
advise potential purchasers of existing violations of this chapter or of on-going enforcement actions
regarding a property. Such notice will clearly state that the parcel or development on the parcel is in
violation of this chapter and that correction of the violation must be made prior to the city approving
additional development or redevelopment of the site. The notice must also describe the nature of the
violation and applicable citations to the relevant sections of this chapter.
1. When such a notice is to be filed the enforcement officer may either:
a. Through the office of the city attorney bring an action for civil and/or injunctive relief that
requests a court order to record a notice of violation or noncompliance; or
b. Request from the Community Development Director a written decision finding is the violation
valid and in need of correction, and authorizing the recording of the notice of violation or
noncompliance. Notice of a decision to record a notice of violation must be provided to the
landowner of record at the Gallatin County Clerk and Recorders office by first class mail.
2. When a violation has been corrected for which a notice of violation or noncompliance was
filed, the city must record a release of noncompliance indicating that the prior violation has
been corrected. The property owner is responsible for notifying the community development
department in writing of the correction of the violation or noncompliance. Upon receipt of such
notification by the property owner, the enforcement officer may conduct an inspection to verify
correction prior to the recording of the release.
G. The city may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any provision of this chapter.
H. Nothing herein contained prevents the city from taking such other lawful action as is necessary to
prevent or remedy any violation.
I. Upon resolution of an identified instance of noncompliance with the standards of this chapter the
city may record a document with the Gallatin County Clerk and Recorder to give notice of the
resolution of the noncompliance.
sec. 38.700.170. - Development review committee (DRC) and staff.
A. Purpose.
The purpose of the development review committee (DRC) staff is to coordinate, expedite and ensure
fair and equitable implementation of this chapter. The DRC may evaluate any proposal subject to the
provisions of this chapter. The DRC and its individual members are an advisory to the review authority
established by 38.700.010. The DRC may call upon any city staff or other persons with technical
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
expertise, and may testify before any board, commission or other body upon the subjects for which
they have responsibility.
B. Development review committee procedures established.
To implement this purpose, certain procedures will be adopted to include, but not be limited to, a
regularly scheduled weekly or biweekly meeting attended by representatives of each of the city
departments charged with development review. Each department is authorized to require the DRC to
recommend denial when in their view the project cannot meet the requirements and review criteria
of this chapter and acceptable conditions do not exist to cure the identified failings of the project.
Recommendations must be set forth in written staff reports or summary reviews.
1. The DRC must at a minimum be composed of representatives of the following departments:
transportation and engineering, utilities, fire, streets, parks and recreation, community
development, and other such personnel as the community development director deems
necessary.
2. When applicable, the DRC may solicit the input of non-city agencies and persons including,
but not limited to, the county subdivision review officer, the county sanitarian, the county road
superintendent, and state or federal agencies, with other individuals to be included as necessary.
3. For smaller projects, such as sketch plans, a subset of the DRC may conduct the required review
outside of a scheduled DRC meeting.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.710. - SUBMITTAL MATERIALS
AND REQUIREMENTS
sec. 38.710.010. - General requirements.
All applications must be submitted on official forms or software tools prescribed by the community
development department. The application must be accompanied by the appropriate fee and
development plans showing sufficient information for the approval authority to determine whether the
proposed development will meet the development requirements of the city. Supplemental material may
be required, depending on the application type. The format, size, and number of submittal materials is
established by the community development director.
sec. 38.710.020. - Streambed, streambank and/or wetlands permits.
A. The developer must provide the community development department with a copy of all required
streambed, streambank or wetlands permits, or written notification from the appropriate agency
that a permit is not required, prior to the commencement of any work on the site, approval of
infrastructure plans, and/or final plat approval, whichever is sooner. These permits include but are not
limited to:
1. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection Bureau,
Fisheries Division, Montana Fish, Wildlife and Parks.
2. Stormwater permit as described in 40.04.350. Administered by the water quality bureau, state
department of environmental quality or city, depending on scale.
3. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the board of
supervisors, county conservation district.
4. Montana Floodplain and Floodway Management Act (Floodplain Development Permit).
Administered by the city engineering department.
5. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and the
U.S. Environmental Protection Agency.
6. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of
Engineers.
7. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by state
department of environmental quality.
8. Montana Land-Use License or Easement on Navigable Waters. Administered by the state
department of natural resources and conservation.
sec. 38.710.030. - Subdivision pre-application submittal materials.
A. The pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries,
dimensions, areas and distances. The plan may be drawn directly on a print of a topographic survey
required for the preliminary plat and must include:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
1. Sketch map.
A sketch map showing:
a. The names of adjoining subdivisions and numbers of adjoining certificates of survey, along
with adjacent lot and tract lines.
b. Location, name, width and owner of existing or proposed streets, roads and easements within
the proposed subdivision; existing streets, roads and easements within adjacent subdivisions
and tracts; and the name of street or road that provides access from the nearest public street
or road to the proposed subdivision.
c. Location of all existing structures, including buildings, railroads, power lines towers, and
improvements inside and within 100 feet of the proposed subdivision.
d. The zoning proposed for the subdivision, if a change is contemplated.
2. Topographic features.
a. Topographic features of the proposed subdivision and adjacent subdivisions and tracts to be
included on the sketch map or supporting drawings:
(1) Embankments,
(2) Watercourses,
(3) Drainage channels,
(4) Areas of seasonal water ponding,
(5) Areas within the designated floodway,
(6) Marsh areas,
(7) Wetlands, and
(8) Rock outcrops.
b. Include copies of any permits listed in 38.710.020 that have been obtained for the project.
3. Utilities.
The existing and proposed utilities located on and adjacent to the proposed subdivision including:
a. Location and size of sanitary and storm sewers, water mains and gas lines.
b. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
c. Water source for irrigation and general areas to be landscaped and irrigated, including but not
limited to collector and arterial street rights-of-way and open space.
d. Estimates of peak-hour water and sanitary sewer flows generated by the proposed
development.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
4. Subdivision layout.
The proposed layout of the subdivision showing the approximate:
a. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for each
block, tract and lot.
b. Street location, right-of-way width, and name.
c. Easement location, width and purpose.
d. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
e. Sites for commercial centers, churches, schools, industrial areas, multi-dwelling structures,
manufactured housing community, and uses other than single-household residences.
5. Development plan.
An overall development plan indicating future development of the remainder of the tract, if the
tract is to be developed in phases.
6. Name and location.
A title block indicating the proposed name, quarter-section, section, township, range, principal
meridian and county of subdivision.
7. Notations.
Scale, north arrow, name and addresses of owners and developers, and date of preparation.
8. Variances.
A list of variance requests which will be submitted with the application for preliminary plat
application.
9. Waivers.
A list of waivers requested from the requirements of 38.710.050 must be submitted with the pre-
application and an explanation of why such information is not relevant or was previously provided.
10. Parks and recreation facilities.
The following information must be provided for all land proposed to meet parkland dedication
requirements:
a. Park concept plan, including:
(1) Site plan for the entire property;
(2) The zoning and ownership for adjacent properties;
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.);
(4) General description of land, including size, terrain, details of location and history, water
features, and proposed activities;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(5) Description of trails or other recreational features proposed to connect the proposed
park area to other park or open space areas; and
(6) Identification of proposed parkland irrigation water supply source.
b. If the applicant intends to request approval of cash-in-lieu, a response to the cash-in-lieu
review factors established by resolution of the city commission.
11. Affordable housing.
Describe any intended use of 38.340 for creation of affordable housing with the subdivision.
12. Wildlife and habitat.
Describe key wildlife habitat issues that may be associated with proposed subdivision. Describe
how the subdivision will consider fish and wildlife resources in the course of project design.
Describe subdivision early planning suggestions from local FWP field biologists at FWP regional
offices. This description should consider the following:
a. The species of fish and wildlife designated as species of concern, that use all or part of the
project planning area (proposed subdivision site plus a one-half-mile radius around it) on a
year-round, seasonal, or periodic basis.
b. The proposed subdivision's potential impacts on wildlife and wildlife habitat, both during
construction and at full build-out, taking any applicable fish and wildlife habitat standards into
account.
c. Identify noxious weeds and areas of active faults. Map the location of all mature trees with a
diameter at breast height greater than 6 inches, including species and size in the key.
d. Identify any proposed permits listed in 38.710.020 anticipated to be required with the
subdivision.
13. Waivers of right to protest.
Include copies of or the recorded document numbers of all existing waivers of right to protest
special improvement districts or maintenance districts which are applicable to the property
proposed to be subdivided.
14. Water rights.
Describe how the proposed subdivision intends to satisfy 38.410.110. Provide documentation of
all water rights appurtenant to the proposed subdivision; e.g., previous payment-in-lieu of water
rights, groundwater certificates, statements of claim, provisional permits, decreed rights, shares or
water use contracts in canal, ditch company, or water users association etc.
15. Agricultural water user facilities and holders of ditch easements.
Identify the location of all agricultural water user facilities and provide documentation of notice
to such associated ditch easement holders per 38.310.010.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
16. Transportation demand generation.
Estimates of transportation demand generated by the proposed development as outlined in
38.710.050.A.11.
sec. 38.710.040. - Subdivision preliminary plat.
A. The preliminary plat must be legibly drawn as specified in the application form provided by the
community development department. Where accurate information is required, surveying and
engineering data must be prepared under the supervision of a registered engineer or registered
land surveyor, licensed in the state, as their respective licensing laws allow. The plat submittal must
include the following:
1. Pre-application information.
All information required with the pre-application plan, as outlined in 38.710.030.
2. Subdivision information.
Name and location of the subdivision, scale, scale bar, north arrow, date of preparation, lots and
blocks (designated by number), the dimensions and area of each lot, and the use of each lot, if
other than for single-household.
3. Subdivision map.
Map of entire subdivision as specified on the application form provided by the community
development department.
4. Streets, roads and grades.
All streets, roads, alleys, avenues, highways and easements; the width of the right-of-way, grades
and curvature of each; existing and proposed road and street names; and proposed location of
intersections for any subdivision requiring access to arterial or collector streets.
5. Adjoining subdivisions.
The names of adjoining platted subdivisions and numbers of adjoining certificates of survey.
6. Adjoining owners.
Names and addresses of record owners of lots and tracts immediately adjoining the proposed
subdivision.
7. Perimeter survey.
A survey of the exterior boundaries of the platted tract with bearings, distances, and curve data
indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline or a
body of water, the bearings and distances of a closing meander traverse must be given.
8. Section corner.
The approximate location of all section corners or legal subdivision corners of sections pertinent
to the subdivision boundary.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
9. Phased improvements.
If the required improvements are to be completed in phases, the approximate area, lots, public
facilities, and timeline for each phase must be provided. If a phase depends on improvements
not included within the geographic area of a phase, or if timing of construction of improvements
is separate from the timing of construction of that phase, those improvements and associated
phases must be identified.
10. A Grading and Drainage Plan, meeting the requirements of 38.410.080.
Ground contours must be provided for the tract and to a distance of an additional 100 feet,
according to the following requirements:
Table 38.710.040-1
Where the average slope is:Contour intervals must be:
Under 10 %1 foot
Between 10 and 15 %5 feet
Greater than 15 %10 feet
11. Waivers.
List of waivers granted from the requirements of this section during the pre-application process
must be submitted with the preliminary plat application.
12. Request for municipal facilities exclusion from department of environmental quality
review for sanitation in subdivisions.
If the developer proposes a municipal facilities exclusion from the department of environmental
quality per MCA 76-4-1, the preliminary plat application must include a written request to the city
from the developer's professional engineer, licensed in the state, that indicates the purpose to
request the municipal facilities exclusion, and details the extent of water, sewer and Stormwater
Drainage Plan report that will be completed prior to final plat approval. A preliminary stormwater
drainage plan must also be submitted with the written request.
13. Sanitation in subdivisions information.
When the subdivision does not qualify for a municipal facilities exclusion under 38.750.110 the
subdivider must follow the processes of MCA 76-4-1.
B. The following information must be submitted along with the preliminary plat.
1. Area map.
A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads.
2. Non-compliance with standards.
a. Variances.
Provide a written statement describing any requested variance and the facts of hardship upon
which the request is based (refer to 38.760).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
b. All others.
Provide a written statement: describing any intended departure, deviation, modification, non-
compliance or alternative compliance to any standard applicable to a subdivision review;
providing a BMC citation to the authority authorizing the non-compliance; and providing the
applicable criteria of review.
3. Noticing materials required by 38.230.020.
4. Documents and certificates.
Draft copy of the following documents, and certificates to be printed on or to accompany the
preliminary plat:
a. Covenants, restrictions and articles of incorporation for the property owners' association if
covenants are proposed to ensure compliance with regulatory standards.
b. Encroachment permits or a letter indicating intention to issue a permit where new streets,
easements, rights-of-way or drive aisles intersect state, county or city highways, streets or
roads.
c. A draft of such other appropriate certificates.
d. Provision for maintenance of all streets (including emergency access), open spaces to meet
requirements of 38.420 or 38.410.040, storm water facilities, and other improvements not
dedicated to the public.
5. Street profile sheets.
Profile sheets for street grades greater than five %.
6. Landscaping and Irrigation
Proof of compliance with water conservation standards outlined in the most recent version of
the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and
38.540.050.D. and 38.540.080.
7. Application and fee.
Completed preliminary plat application form, with the original signatures of all owners of record
or their authorized representatives, and the required review fee. If an authorized representative
signs on behalf of an owner of record, a copy of the authorization must be provided.
sec. 38.710.050. - Documentation of compliance with adopted
standards.
A. The following information must be provided with all subdivision preliminary plat applications in order
to document compliance with adopted development standards unless waived by the development
review committee during the pre-application process per 38.750.050. The developer must include
documentation of any waivers granted by the city after the pre-application review. Additional relevant
and reasonable information may be required to adequately assess whether the proposed subdivision
complies with this chapter, the Montana Subdivision and Platting Act, and other applicable standards.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
1. Surface water.
a. Mapping.
Locate on a plat overlay or sketch map all surface waters and the delineated floodplain which
may affect or be affected by the proposed subdivision including:
(1) Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
(2) Artificial water systems such as canals, ditches, ditch/streams, aqueducts, reservoirs,
irrigation or drainage systems.
b. Description.
(1) Describe all surface waters which may affect or be affected by the proposed subdivision
including name, approximate size, present use and time of year when water is present.
(2) Describe proximity of proposed construction (such as buildings, sewer systems, streets)
to surface waters.
c. Water body alteration.
Describe any existing or proposed streambank or shoreline alterations or any proposed
construction or modification of lake beds, watercourses or irrigation ditches. Provide
information on location, extent, type and purpose of alteration.
d. Wetlands.
If the subdivision contains wetlands, as defined in 38.800.240, then a delineation of the
wetland meeting standards of 38.610 must be provided and the location of existing and
proposed modifications to wetlands must be shown on an overlay of the proposed plat.
e. Permits.
Include copies of any permits listed in 38.710.020 that have been obtained for the project.
2. Floodplains.
Floodplain information must be submitted with the preliminary plat in compliance with
38.600.150 or 38.600.170 as applicable.
3. Groundwater.
a. Depth.
Establish the seasonal minimum and maximum depth to the water table by site specific
monitoring of seasonal groundwater levels. Monitoring information must include dates and
locations on which groundwater data was collected, data source, and the location and depth
of all known aquifer which may be affected by the proposed subdivision. The high water table
must be determined from monitoring data representing the period of major concern, which is
defined as the May thru July period unless a different period is requested and approved by the
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
city during the subdivision pre-application review. Groundwater discharge and management
information to demonstrate compliance with 38.410.080.
4. Geology; soils; slopes.
a. Geologic hazards.
Identify geologic hazards affecting the proposed subdivision which could result in property
damage or personal injury due to rock falls or slides; landslides, mud or snow; surface
subsidence (i.e., settling or sinking); or seismic activity.
b. Protective measures.
Explain what measures will be taken to prevent or materially lessen the danger of future
property damage or injury due to any of the hazards referred to in subsection 4.a above.
c. Unusual features.
Provide a statement describing any unusual soil, topographic or geologic conditions on the
property which limit the capability for building or excavation using ordinary and reasonable
construction techniques. The statement should address conditions such as shallow bedrock,
high water table, unstable or expansive soil conditions, and slope. On a map, identify any
slopes in excess of 15 % grade.
d. Soils map.
The subdivision must be overlaid on the county soil survey maps obtained from the Natural
Resource and Conservation Service (NRCS). The maps are 1:24,000 in scale. These maps
may be copied without permission. However, enlargement of these maps could cause
misunderstanding of the detail of mapping. Soils were mapped using a minimum delineation
of five acres, and these soils reports were intended to alert developers to possible problems
and the need for a more detailed on-site investigation. The developer must provide the
following soil reports, which can be obtained from the NRCS:
(1) The physical properties and engineering indexes for each soil type;
(2) Soil limitations for utilities, building and site development, and water features for each
soil type;
(3) Hydric soils report for each soil type. If hydric soils are present, the developer must
provide a wetlands investigation by a certified consultant, per 38.610; and
(4) The developer must provide any special design methods planned to overcome the above
limitations.
e. Cuts and fills.
Describe the location and amount of any cut or fill three or more feet in depth. These cuts
and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary,
describe any plans to prevent erosion and to promote revegetation such as replacement of
topsoil and grading.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
5. Vegetation.
a. Vegetation map.
On a plat overlay identify critical plant communities such as stream bank or shoreline
vegetation; vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to
wind or water erosion.
b. Protective measures.
Describe measures to preserve trees and critical plant communities (e.g., design and location
of streets, lots and open spaces).
c. Noxious weed management and revegetation plan.
Noxious weeds must be controlled in all developments as directed by the county weed
control district (district) in accordance with the Montana County Noxious Weed Control Act
(MCA 7-22-21). The developer must have any noxious weeds identified and their location
mapped by a person with experience in weed management and knowledgeable in weed
identification. A noxious weed management and revegetation plan approved by the district
for control of noxious weeds must be submitted with the preliminary plat application. This
plan must ensure the control of noxious weeds upon preliminary plat approval and the
revegetation of any land disturbed during the construction of subdivision improvements.
6. Wildlife.
a. Species.
Describe any endangered species or species of concern which use the area affected by the
proposed subdivision.
b. Critical areas.
Identify on a plat overlay of the proposed subdivision any known critical, significant or "key"
wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for threatened
or endangered species, or wetlands.
c. Public access.
Describe the effects on public access to public lands, trails, hunting or fishing areas.
d. Protective measures.
Describe any proposed measures to protect or enhance wildlife habitat or to minimize
degradation (e.g., keeping building and streets back from shorelines, setting aside wetlands as
undeveloped open space).
e. Discussion of impact; documentation.
The developer must discuss the impact of the proposed development on fish and wildlife with
the state department of fish, wildlife and Parks (FWP). With the preliminary plat application,
the developer must provide written documentation from FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(2) Lists any FWP recommendations; and
(3) Outlines any mitigation planned to overcome adverse impacts.
7. Agriculture.
When a proposed development is adjacent to land used for agricultural production.
(1) What measures will be taken, if any, to control family pets.
(2) Fencing of agricultural land.
Describe any existing fence lines around the development boundary which protect
agricultural lands under an ownership other than of the developer, and describe any
measure which will be taken to ensure that the owners of the development will share
with the owner of the agricultural lands in the continued maintenance of the fence.
8. Agricultural water user facilities.
a. Type, description, ownership, users, and existing easement holders and the easement type
(e.g., filed, use, prescriptive or other) of facilities per 38.310.010 and 38.410.060.
b. Written documentation demonstrating active use of facilities, for example the delivery of
non-potable water supplies for irrigation, conversion to stormwater facilities, or other use. If a
facility is not being actively used nor intended to be used in the future, include a written plan
for discontinuance including all documentation required pursuant to Montana Law.
c. Describe any proposed realignment, piping, street crossings, or other modifications. Any
modification of an existing agricultural water user facility must comply with all relevant
requirements of Montana law.
d. Information from the owner(s) of the facility concerning the proposed use or discontinuance
of the facility.
e. If the facility provides conveyance of water to downstream water users or water rights
holders, or is used for agricultural water return flows or stormwater then the facility must be
perpetuated and located within an agricultural water user facility easement and/or stormwater
drainage easement as applicable and consistent with the requirements of this chapter.
9. Water and sewer.
Provide an engineering design report and/or other documentation demonstrating that adequate
water distribution systems and capacity, and sewage collection and disposal systems and
capacity, exists or will be provided to serve the proposed subdivision consistent with the City of
Bozeman Design and Construction Standards and chapter 40. Provide the information needed
to demonstrate proposed compliance with 38.780. Special care is needed when concurrent
construction is proposed.
10. Stormwater management.
A Stormwater Drainage Plan meeting the requirements found in the City of Bozeman Design and
Construction Standards and the city's adopted stormwater master plan.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
11. Transportation Facilities.
a. Access.
The developer must demonstrate that the land to be subdivided has access onto a legal street.
b. Streets, roads, and alleys.
Describe any proposed new public or private streets, roads or alleys, or substantial
improvements of existing public or private streets, roads or alleys. The developer must
demonstrate that the future streets will be consistent with the city's adopted design standards,
article 34.4, the current long-range transportation plan, and other relevant standards.
c. Active transportation facilities.
Describe active transportation facilities to be developed with the development and their
relationship to existing and future facilities.
d. Access to arterial streets.
Discuss whether any of the individual lots or tracts have access directly to arterial streets
or roads, and if so, the reason access was not provided by means of a street within the
subdivision and how the access complies with 38.400.090.
e. Modification of existing streets, roads or alleys.
Explain any proposed closure or modification of existing streets, roads or alleys.
f. Pollution and erosion.
Explain how street, road and alley maintenance will be provided to meet the department of
environmental quality guidelines for prevention of water pollution and erosion and who is
proposed to provide the required maintenance.
g. Transportation Capacity.
Demonstrate that adequate transportation capacity exists or will be provided to serve the
proposed development consistent with the city's adopted design standards and long-range
plans. A Transportation Impact Study (TIS), if required, shall be provided in accordance with
the City of Bozeman Design and Construction Standards.
(1) TIS is required if the proposed development meets any of the following criteria:
(a) The proposed development exceeds the following thresholds. For uses not included
below refer to Table 2 from Chapter 2 of the ITE Recommended Practice: Multimodal
Transportation Impact Analysis for Site Development;
Use Threshold
Single detached dwellings 35 dwellings
Single attached dwellings 60 dwellings
Multi-dwelling structures 90 dwellings
Retail 5,300 sq. ft. gross floor area
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(b) The development proposes access spacing that do not meet the requirements on any
collector or arterial streets;
(c) The development intensifies use and is not adjacent to a collector or arterial street;
(d) The proposed development is in an area that was included in a previous TIS and the
trip generation for the proposed development exceeds the values assumed for the
area in the previous TIS or if the previous TIS is more than 5 years old.
(e) Other special circumstances as determined by the Director of Transportation and
Engineering.
(2) When required above, the study area for the TIS must include:
(a) Nearest collector-collector, arterial-arterial, or arterial-collector intersections that
serve the proposed development.
(b) Intersections of local streets with arterial and collector streets within the study area
defined in 38.710.050.11.g.2.a.
(c) Local streets that connect to existing local streets.
(d) Additional locations as identified by the Director of Transportation and Engineering.
(3) When required, the TIS must include the following information:
(a) Project description.
Identify location of project and describe the existing transportation network and
facilities that serve the development. This should include all classifications of streets,
active transportation facilities and transit service. Describe how the proposed
development will connect to the existing system including the use of local streets
that connect the proposed development to arterial or collector streets. Identify the
timeline for build out of the development including any anticipated phases.
(b) Existing traffic volumes.
Provide information on existing traffic volumes collected within two years of the
study, including bicycle and pedestrian volumes and existing transit routes and stops.
Identify locations, dates, and times of data collection. Identify the peak hours of the
existing transportation system. Locations near schools or special generators may need
to include counts to help identify the peak periods. Data collection should cover 3
days, typically Tuesday, Wednesday and Thursday. Provide information on seasonal
adjustment factors used and the basis of the factors.
(c) Site trip generation.
Identify number of weekday trips that will be generated by the proposed development
using the most recent version of the Institute of Transportation Engineers (ITE)Trip
Generation Manual or approved alternative methodology. For mixed-use sites, include
trip generation in the form of a table of each type of land use with corresponding
ITE land use code, the independent variable, as appropriate, the trip rates used (daily
and peak) and resulting trip generation. Include identification of the peak hours for
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
the site as well as for the adjacent transportation system. Include adjustments, when
appropriate, for pass by trips, internal trip capture, and any reductions based on mode
split. Any adjustments must be detailed in the report and must be based on identified
and accepted methods. For phased projects the trip generation for each phase should
be identified. For redevelopment sites, include a comparison of existing trips with trips
generated by the proposed development.
(d) Adjacent trip generation.
Identify current or proposed developments and the associated trip generation from
those developments that will be added to the existing volumes to make up the
total background volumes. Identify and describe methodology used to determine
anticipated additional traffic growth.
(e) Trip distribution.
Identify how the trips generated by the site will be distributed to the transportation
system through each intersection within the study area, as defined in
38.710.050.A.11.g.(2). Include any assumptions made and identify the methodology
utilized to develop the trip distribution.
(f) Traffic assignment.
Utilizing the developed trip distribution, show how the existing and future trips are
assigned to the streets serving the proposed development. Include figures that show
traffic volumes on the transportation system. Include all streets, including local streets,
which will distribute trips to transportation system. Include graphics, which show:
(i) A.M. and P.M. peak hour existing volumes;
(ii) A.M. and P.M. peak hour site generated volumes;
(iii) A.M. and P.M. peak hour current year total traffic;
(iv) A.M. and P.M. peak hour total traffic at year of build out; and
(v) Total daily traffic (with site-generated traffic shown separately).
(g) Capacity analysis.
Provide level of service analysis for existing and proposed arterial-arterial, collector-
collector, and arterial-collector intersections and intersections of local streets with
collectors and arterials. Provide level of service for the existing conditions and
design year, defined as the projected year of full build out or 5 years from the date
of application whichever is greater. Analysis must include evaluation of signalization
warrants. Where appropriate, intersection capacity should be analyzed for both
signalization and roundabout operation. Capacity analysis will utilize the methods
identified in the most recent version of the Highway Capacity Manual.
(h) Crash Study.
Summarize crash history, including bicycle and pedestrian involved crashes, for the
study area over the most recent 5 years of available data. Crash study should provide
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
aggregate number of crashes as well as crash rates, collision types, and contributing
factors (as available).
(i) Site operational analysis.
Identify any proposed modification to access spacing and demonstrate turning
movements for fire apparatus and/or other applicable design vehicles.
(j) Recommended mitigations.
Identify mitigation strategies to address areas that do not meet the City of Bozeman
Design and Construction Standards. Mitigations should be identified to address:
(i) Intersection capacity that does not meet the level of service standard identified
in 38.400.060.B.3;
(ii) Vehicular volumes requiring traffic calming for local streets in the study area that
exceed the volume threshold per 38.400.060.B.3;
(iii) Crash clusters; and
(iv) Barriers to safe bicycle and pedestrian movement as identified by the Director of
Transportation and Engineering.
If the project is phased, include identification of when the mitigations are required.
(k) The information needed to demonstrate proposed compliance with 38.780.
Special care is needed when concurrent construction is proposed.
12. Non-municipal utilities.
The developer must submit a copy of the subdivision plat to all relevant utility companies. With
the preliminary plat, the developer must provide written documentation of the following:
a. Affected utilities.
(1) Indicate which affected utilities the subdivision plat has been submitted to for review and
include a copy of responses.
(2) The developer must provide a written statement from the utility companies that the
proposed subdivision can be provided with service.
(3) Non-municipal utility locations shall be coordinated with locations of municipal utilities.
13. Land use.
a. Indicate the proposed use and number of lots or spaces in each:
(1) Residential area. Types of structures and numbers of each (e.g., two- or four-unit
dwelling structures);
(2) Condominium (number of units);
(3) Recreational vehicle park;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(4) Commercial or industrial; and
(5) Other (please describe).
14. Parks and recreation facilities.
The following information must be provided for all land used to meet parkland dedication
requirements:
a. Park plan.
A park plan, including:
(1) Site plan with one-foot contour topographic survey for the entire property; showing
proposed developer installed improvements on the initial park plan and proposed future
improvements on the future park plan, and phasing proposed if any, exact product
specifications are not required;
(2) Drainage areas;
(3) Utilities within, serving, and adjacent to the property;
(4) Existing or proposed utility easements within the property;
(5) The location of any critical lands (wetlands, riparian areas, streams, etc.) and location of
watercourse setbacks and any permits from non-city agencies required to execute the
proposed plan;
(6) Park conceptual landscaping plan, prepared by a qualified landscape professional in
accordance with 38.710.090 unless the parks department has adopted an alternate plan
standard, showing the location and specific types and species of plants, shrubs, trees as
well as grass seed mixes.
(7) General description of land, including size, terrain, details of location and history, water
features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city standards and trail
classifications;
(9) Appropriate sections from the design guidelines for city parks;
(10) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and
responsibility for custom features or atypical designs;
(11) If playground equipment will be provided with initial installation by the subdivider,
information including the manufacturer, installation data and specifications, installer, type
of fall zone surfacing, and age group intended for use; otherwise, a general identification
of proposed function;
(12) Soils information and analysis;
(13) A description of how the proposed park plan is consistent with the goals of the city's
current long-range plan for parks;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(14) A description of how the proposed park will meet the recreational needs of the residents
of the development; and
(15) A phase I environmental assessment of the area proposed to be transferred to the city or
property owner's association.
b. Irrigation information.
(1) Irrigation system design compliant with requirements outlined in the most recent version
of the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual; and
(2) If an existing well will be used for irrigation, a certified well log must be submitted
showing depth of well, gpm, pump type and size, voltage, water rights, etc.
c. Phasing.
If improvements will be phased, a phasing plan must be provided including proposed
financing methods and responsibilities.
d. Cash-in-lieu and improvements-in-lieu.
If the development includes a proposal for cash-in-lieu or improvements-in-lieu of park a
specific justification responding to the review factors established by resolution of the city
commission. If improvements-in-lieu are proposed specific costs of proposed improvements
and costs to install must be provided.
15. Neighborhood center plan.
A neighborhood center plan must be prepared and submitted for all subdivisions containing a
neighborhood center per 38.410.020.A.
16. Lighting plan.
The following lighting information must be submitted for all development where lighting is
proposed other than within the street right-of-way:
a. Proposed fixture locations, types, source of power, and demonstration of compliance with
city lighting standards.
b. When requested by the city, the applicant must also submit a visual-impact plan that
demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to
retain the city's character.
c. Post-approval alterations to lighting plans or intended substitutions for approved lighting
must only be made after city review and approval.
17. Miscellaneous.
a. Public lands.
Describe how the subdivision will affect access to any public lands. Where public lands are
adjacent to or within 200 feet of the proposed development, describe present and anticipated
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
uses for those lands (e.g., open space, recreation, etc.), and how public access will be
preserved/enhanced.
b. Hazards.
Describe any health or safety hazards on or near the subdivision, such as mining activity or
potential subsidence, high pressure gas lines, dilapidated structures or high voltage power
lines. Any such conditions must be accurately described, and their origin and location
identified. List any provisions that will be made to mitigate these hazards. Also describe any
on-site or off-site land uses creating a nuisance.
c. Wildlands-urban interface.
Describe the subdivision's location within or proximity to the wildlands-urban interface (WUI)
and ember zone designated by the most recent city-adopted hazard mitigation plan. Describe
any hazard from the subdivision's proximity to the WUI. List any provisions that will be used to
mitigate these hazards and reduce structure ignitability.
18. Affordable housing.
Describe how the subdivision will integrate with 38.340. The description must be of adequate
detail to clearly identify those lots complying with 38.340 requirements and to make the
obligations placed on the affected lots readily understandable.
a. On all lots intended to comply with 38.340, the building envelope must be depicted.
19. Water rights.
Describe how the proposed subdivision intends to satisfy 38.410.110. Provide documentation of
all water rights appurtenant to or in use upon the property with the proposed subdivision.
20. A description of how the proposed subdivision advances the adopted land use plan.
sec. 38.710.060. - Final plat.
A. The following materials must be provided with each application for final plat approval. Materials
must be provided in the number of copies and form established by the director of community
development.
1. The developer must submit with the application for final plat review and approval, a written
narrative stating how each of the conditions of preliminary plat approval and noted code
provisions or other demonstrations of compliance with standards have been satisfactorily
addressed. This narrative must be in sufficient detail to direct the reviewer to the appropriate plat,
plan, sheet, note, covenant, etc. in the submittal.
2. Written communication from the city engineer confirming that the following documents have
been received:
a. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public
improvements, including a complete grading and drainage plan; and/or
b. Approved and executed concurrent construction plan or improvements agreement.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
c. Copy of the state highway access or encroachment permit where a street created by the plat
will intersect with a state highway.
3. Noxious weed MOU.
Prior to final plat approval, a memorandum of understanding must be entered into by the weed
control district and the developer. The memorandum of understanding must be signed by the
district and the developer prior to final plat approval, and a copy of the signed document must be
submitted to the community development department with the application for final plat approval.
4. Final park plan.
For all land used to meet parkland dedication requirements, a final park plan must be submitted
to the city for review and approval prior to final plat. The final park plan must include all of
the information listed in 38.710.050.A.14 and must include evidence of compliance with the
installation requirements of 38.780. The final park plan irrigation system must comply with
requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
5. Landscape and irrigation plans.
a. Rights of way.
For all collector and arterial rights-of-way land proposed to be landscaped and irrigated, a
detailed landscape and irrigation plan must be submitted for review and approval prior to
final plat or installation, whichever occurs first. The detailed landscape and irrigation plan
must comply with water conservation standards outlined in the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual and
38.540.050.D. and 38.540.080., and must comply with the installation requirements of 38.780.
b. Open space.
For all open space land proposed to be landscaped and irrigated, a final landscape and
irrigation plan must be submitted for review and approval prior to final plat or installation,
whichever occurs first. The detailed landscape and irrigation plan must comply with water
conservation standards outlined in the most recent version of the City of Bozeman Landscape
and Irrigation Performance and Design Standards Manual, 38.540.080., and must comply with
the installation requirements of 38.780.
6. Irrigation system record drawings.
The developer must provide irrigation system as-builts, for all irrigation installed in public rights-
of-way and/or land used to meet parkland dedication requirements, once the irrigation system is
installed. The record drawings must, at a minimum, include the exact locations and type of lines,
including accurate depth, water source, heads, electric valves, quick couplers, drains and control
box.
7. Affordable housing.
If the plat has used the provisions of 38.340, the developer must provide a description of how
the subdivision has complied with 38.340. The description must be of adequate detail to clearly
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
identify those lots designated as subject to 38.340 compliance requirements and to make the
obligations placed on the affected lots readily understandable.
8. Conditions of approval.
A sheet(s) of the plat depicting conformance with subdivision application approval must be
submitted as set forth in 24.183.1107 ARM as may be amended and as required by the county
clerk and recorder, and must:
a. Be entitled "Conditions of Approval of [insert name of subdivision]" with a title block including
the quarter-section, section, township, range, principal meridian, county, and, if applicable,
city or town in which the subdivision is located.
b. Contain any text and/or graphic representations of requirements by the governing body
for final plat approval including, but not limited to, setbacks from streams or riparian areas,
floodplain boundaries, no-build areas, building envelopes, or the use of particular parcels.
c. Include a certification statement by the landowner that the text and/or graphics shown on the
conditions of approval sheet(s) represent(s) requirements by the governing body for final plat
approval and that all conditions of subdivision application have been satisfied.
d. Include a notation stating that the information shown is current as of the date of the
certification, and that changes to any land-use restrictions or encumbrances may be made by
amendments to covenants, zoning regulations, easements, or other documents as allowed by
law or by local regulations.
e. Include a notation stating that buyers of property should ensure that they have obtained and
reviewed all sheets of the plat and all documents recorded and filed in conjunction with the
plat, and that buyers of property are strongly encouraged to contact the local community
development department and become informed of any limitations on the use of the property
prior to closing.
f. List all associated recorded documents and recorded document numbers.
g. Include a tabulation of parkland credit for the entire subdivision and attributed to each lot.
h. Include a tabulation of open space.
i. List easements, including easements for agricultural water user facilities.
j. Include a notation stating that topsoil depth and topsoil quality requirements must be met
on all future subdivided lots prior to installation of landscaping and irrigation, as outlined in
the most recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual.
9. Documents.
The following documents must accompany the final plat:
a. A subdivision guarantee issued by an authorized title insurer or its title insurance producer;
b. Any covenants or deed restrictions relating to the subdivision;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
c. The security required pursuant to 38.780.060, securing the future construction of any
remaining private or public improvements to be installed;
d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan, with the
certification of a professional engineer that all required improvements which have been
installed are in conformance with the attached plans. The subdivider must file copies of
final plans, profiles, grades, and specifications for improvements, including a complete
grading and drainage plan, with the certification of a professional engineer that all required
improvements which have been installed are in conformance with the attached plans, with
the city engineering division, and the city parks department. A statement must be included on
the conditions of approval sheet stating where the plans can be obtained;
e. If a street, alley, avenue, road, or highway created by the plat will intersect with a state or
federal right-of-way, a copy of the access or encroachment permit;
f. A subdivision guarantee for any off-site land intended to satisfy park dedication requirements.
The subdivision guarantee must be dated no earlier than 30 calendar days prior to submittal;
g. Any deeds and real estate transfer certificate, or other documents for transfer of land and/or
improvements to the city or the property owners' association or other entity;
h. Any deeds or documents for transfer of water rights; including but not limited to all required
state department of natural resources and conservation documentation (e.g. ownership
update form, permit, well log, groundwater certificate and/or change authorization);
i. A certificate of the examining land surveyor if a requirement for such is established by the
clerk and recorder. The certificate may be provided on the plat or on a separate document to
be recorded with the final plat as required by the clerk and recorder; and
j. Any other documents satisfying subdivision application approval required by the governing
body to be filed or recorded.
10. For non-public improvements, the developer must provide certification by the architect,
landscape architect, engineer or other applicable professional that all improvements, including,
but not limited to, landscaping, irrigation, ADA accessibility requirements, private infrastructure,
and other required elements were installed in accordance with the approved plans and
specifications, or plat as applicable, unless a waiver of certification in whole or part is explicitly
approved by the DRC.
sec. 38.710.070. - Site plan submittal requirements.
A. Applications for all site plan approvals must be submitted to the community development department
on forms provided by the community development director. Submittal level of detail for master site
plans must be consistent with the intent and scope of the submittal per 38.740.020.B and phasing per
38.740.110.G.
B. General information.
1. Complete, signed application including the following:
a. Name of project/development;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
b. Location of project/development by street address and legal description;
c. Name and mailing address of developer and owner;
d. Name and mailing address of engineer/architect, landscape architect, irrigation designer, and/
or planner;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of their intent to comply
with the requirements of this Code and any conditions considered necessary by the review
authority;
2. Location map, including area within one-half mile of the site;
3. For all developments, excluding sketch and reuse/further development, a construction route map
must be provided showing how materials and heavy equipment will travel to and from the site.
The route must avoid, where possible, local streets or streets where construction traffic would
pose a threat to public health and safety.
C. Site plan information.
The following information is required whenever the requested information pertains to zoning or
other regulatory requirements of this chapter, existing conditions on-site or conditions on-site which
would result from the proposed development:
1. Boundary line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet;
5. Parcel and site coverage information:
a. Parcel size in gross acres and square feet;
b. Estimated total floor area with a breakdown by land use; and
c. Location, percentage of parcel and total site, and square footage for the following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Areas to remain undisturbed,
(4) Landscaped areas, with and without irrigation,
(5) Recreational uses areas, parks, school sites, etc., and
(6) Public street right-of-way;
6. Total number, type and density per type of dwelling, and total net and gross residential density
and density per residential parcel;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
7. Location, identification and dimension of the following existing and proposed data, on-site and
to a distance of 100 feet outside site plan boundary, exclusive of public rights-of-way, unless
otherwise stated:
a. Topographic contours at a minimum interval of one foot, or as determined by the review
authority;
b. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to
major arterial streets where the distances must be 200 feet;
c. On-site streets and rights-of-way;
d. Ingress and egress points;
e. Traffic flow on-site;
f. Traffic flow off-site;
g. Utilities and utility rights-of-way or easements including but not limited to:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, optic fiber, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, treated effluent and storm);
h. Surface water and groundwater, including:
(1) Holding ponds, streams and irrigation ditches;
(2) Watercourses, water bodies and wetlands;
(a) If wetlands information was provided with a prior subdivision, provide delineation
of on-site wetlands per the subdivision work on the site plan. The developer must
provide recertification from a wetlands professional per 38.610 that site wetlands
mapped with the subdivision are still accurate or provide new delineation.
(b) If no wetlands delineation was done with a prior subdivision, the developer must
complete such delineation of on-site wetlands consistent with the process in 38.610.
(3) Floodplains as designated on the effective federal insurance rate map and delineated per
requirements of 38.600 or that may otherwise be identified as lying within a 100-year
floodplain through additional floodplain delineation, engineering analysis, topographic
survey or other objective and factual basis;
(4) A floodplain hazard evaluation report in compliance with article 6 of this chapter if not
previously provided with subdivision review;
(5) Agricultural water user facilities and easements and contact requirements per 38.310.010
unless:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(a) Such information was previously provided through a subdivision review process; or
(b) The provision of such information was waived in writing during subdivision review of
the land to be developed;
(6) Depth to the high water table must be determined from tests taken during the period of
major concern;
i. Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as detailed in a Stormwater Drainage Plan;
(1) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc.,
which may be incorporated into the storm drainage system for the property must be
designated:
(a) The name of the drainageway (where appropriate);
(b) The downstream conditions (developed, available drainageways, etc.); and
(c) Any downstream restrictions;
j. Slopes of greater than 15 % or other significant topographic features;
k. Sidewalks, walkways, drive aisles, loading areas and docks, bicycle facilities, including typical
details and interrelationships with vehicular circulation system, indicating proposed treatment
of points of conflict, a statement requiring lot accesses to be built to the standard contained
in this section, the City of Bozeman Design and Construction Standards, and the City of
Bozeman Modifications to Montana Public Works Standard Specifications;
l. Provision for site accessibility, including, but not limited to, wheelchair ramps, parking spaces,
handrails and curb cuts, including construction details and the applicant's certification of ADA
compliance;
m. Fences and walls, including typical details;
n. Exterior signs;
o. Exterior refuse, recycling, and composting collection areas, including typical details;
p. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both
vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses,
containing a layout of all proposed fixtures by location and type. The materials required in
38.710.050.A.18, if not previously provided;
q. Curb, asphalt section and drive approach construction details;
r. Landscaping and irrigation (detailed plan showing plantings, irrigation layout, and other
relevant information as required in 38.710.090);
s. Unique natural features, significant wildlife areas and vegetative cover, including existing trees
and shrubs having a diameter greater than two and one-half inches, by species;
t. Snow storage areas.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
All parking facilities containing five (5) or more parking spaces shall provide a snow
management plan. The plan shall contain the following:
(1) Locations for snow storage, which may include on-site landscaped areas, and other
open space for at least 15 % of the total area of the site used for parking, access drives,
walkways and other paved surfaces;
(2) Snow storage is prohibited:
(a) Within the public right-of-way;
(b) Where it would obstruct line of sight or vision triangle;
(c) In a location where it blocks fire hydrants, emergency vehicle access or access to
other properties;
(d) Where it will cause unmanageable freeze/thaw and icing of sidewalks, pathways and
other paved surfaces;
(e) Where it obstructs on-site amenities, including but not limited to points of egress,
mailboxes, storage areas, and trash enclosures;
(f) Within any access easement;
(g) Where placed in a manner which violates the Clean Water Act (CWA) and/or the
Montana Pollutant Discharge Elimination System (MPDES), and/or any other federal,
state or local law or statute.
(h) Where it will cause damage to trees located in the public right-of-way;
u. Location of city limit boundaries if within 200 feet of the development;
v. Historic, cultural and archaeological resources, describe and map any designated historic
structures or districts, and archaeological or cultural sites; and
w. Public facilities, including schools, parks, trails, etc.;
8. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks,
compact spaces, accessible spaces and motorcycle parking, on-street parking, number of
employee and non-employee parking spaces, existing and proposed, and total square footage of
each.
a. If electronic vehicle chargers are included or expected for future use identify location, path of
electrical service, and layout for chargers and transformers;
9. The information related to transportation capacity required by section, subject to the following
exceptions:
a. Such information was previously provided through a subdivision review process and the
proposed development does not generate more trips than estimated during the subdivision
review; or
b. The provision of such information was waived in writing during subdivision review of the land
to be developed; or
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-39 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
c. The provision of such information is waived in writing by the DRC prior to submittal of a site
plan application; or
d. The application for site plan approval involves the redevelopment of property located within
the city's established neighborhood conservation overlay district. In such cases, the city
may require the property owner to sign a waiver of right to protest creation of a special
improvement district, or other form of agreement, assuring participation, on a fair share, pro-
rata basis, in future improvements to intersections in the vicinity of the development proposal;
or
e. The application for site plan approval involves the adaptive reuse of an existing building,
regardless of its location within the city, or the redevelopment of a property located within
one of the city's urban renewal districts. In cases where an existing building or complex of
buildings is to be torn down and replaced with a larger building or complex of buildings,
the city engineer may require the information described in 38.710.050.A.11 to evaluate the
additional traffic impacts resulting from development of the larger building or complex of
buildings; or
f. Unless waived by the DRC, updated information will be required if previous approvals or
waivers are more than five (5) years old.
10. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building or structure;
b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall
when the structure is proposed to be located in a floodway or floodplain area;
c. Floor plans depicting location and dimensions of all proposed uses and activities; and
d. All on-site utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability
of such soils for the intended construction. Soil in proposed landscaping areas must comply
with requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
12. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or
construction facilities, including temporary signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with 38.710.050.A.5.c; and
14. Drafts of applicable supplementary documents as set forth in 38.720;
15. The information necessary to complete the determination of density change and parkland
provision required by 38.420.020.B, unless such information was previously determined by the
city to be inapplicable and written confirmation is provided to the applicant prior to submittal of
a preliminary site plan application. If a new park will be created by the development the park plan
materials of 38.710.050.A.14 must be provided;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-40 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
16. Affordable housing.
If the application includes requests for incentives provided in 38.340, describe how the site plan
will satisfy any requirements of 38.340 which have either been established for that lot through the
subdivision process or if no subdivision has previously occurred are applicable to a site plan. The
description must be of adequate detail to clearly identify those lots and dwellings designated as
subject to 38.340 compliance requirements and to make the obligations placed on the affected
lots and dwellings readily understandable;
17. Phased site plans:
a. A phasing plan showing the location of phase boundaries and that each phase will be fully
functional if subsequent phases are not completed;
b. A utilities plan showing that each phase will be able to be fully functional if subsequent phases
are not completed;
c. A revegetation and grading plan showing how disturbed areas will be revegetated to control
weeds and site grading and drainage control will be maintained as phased construction
proceeds;
d. If the applicant intends for multiple phases to be under construction simultaneously, evidence
of financial commitment from the project lender for the completion of all phases to be
undertaken at once. Evidence of financial commitment may be provided at the time the
building permits for the multiple phases are sought.
18. When 38.420.020 requires parkland dedication in association with a site plan, and cash-in-lieu of
parkland will not be provided, the materials required by 38.710.050.A.14.
sec. 38.710.080. - Certificates of appropriateness.
A. Submittal requirements for certificates of appropriateness.
All development proposals requiring certificates of appropriateness (e.g., located in a neighborhood
conservation district or historic property/structure) must submit the following information in addition
to any sketch plan, site plan or special development submittal requirements for the proposal:
1. Neighborhood conservation overlay district and historic property/structures.
Certain information must be provided to the appropriate review authority to review prior
to granting or denying a certificate of appropriateness. The extent of documentation to be
submitted on any project is dictated by the scope of the planned alteration and the information
reasonably necessary for the appropriate review authority to make its determination. At a
minimum, the following items must be included in the submission:
a. Completed application on form provided by the community development department;
b. One current picture of each elevation of each structure planned to be altered and such
additional pictures of the specific elements of the structure or property to be altered that
will clearly express the nature and extent of change planned. Except when otherwise
recommended, no more than eight pictures may be submitted and all pictures must be
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-41 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
mounted on letter-size sheets and clearly annotated with the property address, elevation
direction (N, S, E, W) and relevant information;
c. Sketch plan or site plan information, as per 38.740;
d. Historical information, including available data such as pictures, plans, authenticated verbal
records and similar research documentation that may be relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearly express the applicant's
proposed alterations;
g. A schedule of planned actions that will lead to the completed alterations;
h. Description of any applicant-requested deviation and a narrative explanation as to how the
requested deviation will encourage restoration and rehabilitation activity that will contribute
to the overall historic character of the community;
i. An illustration showing all internal and external elements of a structure to be removed or
altered by a project. All elements to be removed or altered, and to what extent, must be
clearly identified and must include those elements to be removed and reinstalled;
j. If demolition of a historic structure, as defined in article 8, is proposed a structural analysis
and cost estimates indicating the costs of repair and/or rehabilitation to bring the structure
to a habitable condition as established by the applicable technical codes in Article 10.02,
versus the costs of demolition and redevelopment. Analysis must include cost estimates
from more than one general contractor for the work. The cost comparison is between the
cost to rehabilitate the structure to a condition which meets the building code standard for
occupancy and demolition and construction of a new structure of the same type and scale to
building code standards.
k. If a building is claimed to be unsafe evidence to support that claim;
l. For any nonconforming structure, an analysis of demolition to determine whether the
threshold for loss of protected nonconforming status per 38.790.040.B has been met or
surpassed; and
m. Such other information as may be required by the community development department.
2. The city suggests that the applicant seek comments from the neighborhood or area.
sec. 38.710.090. - Submittal requirements for landscape and irrigation
plans.
A. Landscape and irrigation requirements apply to a lot or site subject to plan review and approval
outlined in 38.740 of this chapter. A separate landscape and irrigation plan must be submitted as
part of the site plan application. The landscape and irrigation plan must comply with requirements
outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance
and Design Standards Manual.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-42 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. Preparation of landscape plan.
Landscape plans must be signed by one of the following qualified landscape professionals:
1. A state-registered landscape architect;
2. An individual with a degree in landscape design and two years of professional design experience
in the state; or
3. An individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and
at least five years of professional landscape design experience, of which two years have been in
the state.
C. Preparation of an irrigation plan.
Irrigation plans must be signed by one of the following qualified irrigation professionals:
1. A state-registered landscape architect with irrigation credentials;
2. A certified irrigation designer;
3. A licensed or certified irrigation contractor; or
4. An individual with the requisite skills and experience to design an irrigation system. The director
may establish standards for the types of skills and experience required to qualify under this
subsection.
D. Contents of landscape plan.
A landscape plan required pursuant to this chapter must contain the following:
1. Property and project information:
a. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
b. Location of existing boundary lines and dimensions of the lot;
c. Approximate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplain; the approximate location of significant drainage features;
and the location and size of existing and proposed streets and alleys, utility easements, utility
lines, drive aisles and sidewalks on the lot and/or adjacent to the lot;
d. Project name, street address, and lot and block description;
e. Location, height and material of proposed screening and fencing (with berms to be delineated
by one foot contours);
f. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer
strips;
g. Complete illustration of landscaping and screening to be provided in or near off- street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location of
required off-street parking and loading spaces;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-43 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
h. Size, height, location and material of proposed seating, lighting, planters, sculptures, and
water features;
i. Location of street vision triangles on the lot (if applicable);
j. Designated snow removal storage areas;
k. Location of pavement, curbs, sidewalks and gutters;
l. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control;
m. Existing and proposed grade;
n. Planting plan for watercourse buffers, per 38.620, if not previously provided through
subdivision review; and
o. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stairways and other projections from
exterior building walls.
p. Complete landscape legend with description of plant materials shown on the plan, including
typical sysmbols, names (common and botanical), locations, quantieis, contain or caliper sizes
proposed for installation, mature and initial heights, spread, and spacing. The location and
type of existing trees over six inches in caliper (DBH) must be indicated, noting which will be
retained and which are proposed to be removed.
2. Plant material and soil information:
a. A landscape plan required pursuant to this chapter must include plant material and soil
information requirements outlined in the most recent version of the City of Bozeman
Landscape and Irrigation Performance and Design Standards Manual.
E. Contents of irrigation plan.
An irrigation plan required pursuant to this chapter must contain the information listed in the most
recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards
Manual.
sec. 38.710.100. - Sketch plan submittal requirements.
A sketch plan must be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this chapter. Sketch plans must be oriented with north at the top of the page and must
also show site boundaries, street and alley frontages with names, street trees, water and sewer service
locations, sidewalks, parking location and size, and location of all structures with distances to the nearest
inch or nearest tenth of foot between buildings and from buildings to property lines.
The landscape and irrigation for a lot or site subject to sketch plan submittal requirements must comply
with applicable requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
A Building Permit Landscape & Irrigation Self-Certification Form, as outlined in the most recent version
of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual must be
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-44 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
submitted with an application for a building permit unless a waiver of certification in whole or part is
explicitly approved by the review authority.
sec. 38.710.110. - Planned development zone general plan and final plan
submittal requirements
The following information must be presented in a PDZ general development plan for the entire property
in an application for a PDZ rezoning, unless the review authority determines that one or more of the
items is not necessary in light of the size, location, availability of existing services, or information already
available to the city related to the proposed development:
A. An application form and required application fee.
B. One or more map or drawings showing (1) the existing conditions on-site and within 200 feet of
the project boundary, and (2) the proposed final conditions for each of the following at a concept
level of detail. Final plans, studies, and engineering detail will be required with applications for Final
Development Plans.
1. Site boundaries (with dimensions and legal description);
2. Site topography (including existing features to be retained);
3. Watercourses, wetlands, agricultural water user facilities, irrigation facilities, and floodplain
boundaries;
4. General land uses, including anticipated maximum number and type of dwelling units and
anticipated maximum gross floor area of non-residential land uses for each portion of the
property;
5. General lot and street network and access points to arterial and collector streets and current
transit facilities and routes;
6. General locations of trails, bicycle paths, and pedestrian ways;
7. General location of parks and open space network;
8. Landscaping plan for public areas, property boundaries, and proposed street frontages;
9. General storm drainage retention/detention areas, and stormwater design plan; and
10. General locations of major water and sewer line locations and utility easements.
11. General phasing sequence and boundaries.
C. A map identifying a reference base district for each portion of the PDZ property, and a narrative
explanation of any standards in each respective reference base district requested by the applicant
that are to be adjusted or waived in that area, the extent of adjustment or waiver requested, and any
non-standard uses proposed to be included;
D. Acknowledgment that any reference base district standards or other standard not explicitly modified
by the PDZ is subject to change if the reference base district is amended.
E. If phasing of development is proposed, a separate phasing plan with phases clearly identified;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-45 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
F. An explanation of the proposed land use and development density or intensity for each portion of the
site and a calculation of each proposed land use as a percent of total site area; and.
G. Any additional information needed to confirm that the application meets the eligibility requirements
in 38.250.010.E for the type of PDZ being requested, as determined by the review authority.
H. The general or final plan must include revised documents necessary to demonstrate how the general
and final plan addresses previous review comments and conditions of approval of the general plan
and a written narrative stating how each of the conditions of approval and noted code provisions or
other demonstrations of compliance with standards have been satisfactorily addressed. This narrative
must be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant,
etc. in the submittal.
I. The final plan must clearly identify the standards established through the PDZ that differ from the
reference base district. The final plan must acknowledge in writing that any reference base district
standard not explicitly established through the PDZ is subject to amendment and revision as the
reference base district is amended. If the base district is later removed from the municipal code the
city will apply the district which by the city’s determination is the most similar district.
sec. 38.710.120. - Submittal materials for review of activities in or
adjacent to wetlands and watercourses.
A. An applicant for a permit under this chapter on a site where wetlands and/or watercourses may be
present or adjacent to the subject property must submit a wetlands and watercourses delineation
report including the following information:
1. If wetlands or watercourses are not present on or adjacent to the subject property, a letter
signed by a qualified wetlands professional must be submitted to the city certifying there are no
wetlands or watercourses within the subject property or adjacent to the property and describing
the methods used to determine that wetlands or watercourses do not exist on or adjacent to the
property.
2. If a wetland or watercourse is present or adjacent to the property, a wetland and watercourse
delineation report must be submitted to the city. When required to determine the wetland
or watercourse location and function, the delineation report must consider land outside the
boundary of the property proposed for development.
a. The wetland and watercourse delineation report must include the following which must have
been developed within five (5) years of the date of the submission of the report:
(1) Wetland and watercourse descriptions;
(2) An Approved Jurisdictional Determination provided by the USACE;
(3) A functional assessment of the wetland, made in compliance with an assessment tool
currently accepted by USACE and/or the State of Montana.;
(4) All data collected must support accurate confirmation of the three positive wetland
indicators as included in the definition of wetland at 38.700.210;
(5) Wetland and watercourse acreages as determined by a licensed surveyor (the review
authority may approve the use of other survey grade GPS methods);
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-46 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(6) Maps that depict property boundaries, watercourse centerlines, ordinary high-water
marks delineated in accordance with the procedures specified in the current version
of the Ordinary High Water Mark Field Delineation Manual for Rivers and Streams
sanctioned by the USACE Omaha District, watercourse setbacks, delineated wetland
boundaries and buffers, and wetland acreages;
(7) Wetland data on forms established by the USACE;
(8) A determination of watercourse status issued by the Gallatin County Conservation
District; and
(9) A narrative description of how the applicant will first avoid and if avoidance is not
possible, minimize and mitigate impacts to wetlands and watercourses.
3. If development activities are proposed in or adjacent to watercourses or wetlands the following
additional information is required in the wetlands and watercourse delineation report:
a. A site plan consisting of an accurate scaled drawing which shows: the boundaries of the
subject property; delineated wetland and watercourse boundaries; wetland buffer boundaries;
watercourse setbacks; and all existing and proposed structures, roads, trails, and easements.
The site plan must provide a table of existing wetland jurisdictional status, acreage and
respective functional classes for each wetland, previously required wetland buffers and
acreage for each wetland, and linear feet of all watercourses. In addition, all direct impacts to
wetlands, watercourses, setbacks, and buffers must be depicted and summarized in a table
on the site plan. The summary table must include: the wetland/watercourse identification
number; labeling of the corresponding wetland buffer or watercourse setback with its width
and acreage; the acreage of the subject property and of each wetland, watercourse, and
wetland buffer or watercourse setback; notation of the wetland jurisdictional status; proposed
impacts within all wetland buffers and watercourses setbacks; and, proposed mitigation
methods and acreages.
b. All indirect impacts must be summarized in a narrative section of the application.
c. Application materials for all applicable permits identified in 38.220.020.
d. A wetland review checklist with each element confirmed as complete.
4. Mitigation Report. If in review of the required submittal materials the review authority determines
adverse impacts to wetlands or watercourses will occur, the following information must be
submitted to the city in the form of a mitigation report:
a. The mitigation report must:
(1) Identify proposed mitigation consistent with the priorities listed in 38.610.100 and the
rationale for the applicant’s preferred mitigation.
(2) Include the following: the name and contact information of the applicant; the name,
qualifications, and contact information for the primary author of the mitigation report;
a description of the mitigation proposal; a summary of the direct and indirect impacts;
identification of all local, state, and federal wetland or watercourse-related permits
required for the proposed mitigation; and a vicinity map for the project.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-47 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(3) An assessment of existing conditions in the area of the proposed mitigation including
vegetation community structure and composition, existing hydroperiod, existing soil
conditions, and existing wetland functions.
(4) An assessment of the potential changes in wetland hydroperiod for the proposed project.
(5) A description of the proposed mitigation actions for wetlands, watercourses, setbacks,
and buffer areas and how the design has been modified to first avoid, and if avoidance
is not possible then minimize or reduce impacts to the wetland hydroperiod. Provide
specifications for all proposed compensatory mitigation for unavoidable impacts to
wetlands and their buffers and to watercourses and their setbacks. Include a map and
table with all proposed mitigation areas and their required buffers.
(6) Field data that documents the existing conditions of the proposed mitigation sites.
(7) An analysis of the anticipated post development hydrologic and soil conditions on the
project site hydrologic and soil conditions of the mitigation wetlands based on the
proposed mitigation (e.g., data that demonstrate hydrologic conditions (e.g. piezometer
data, staff/crest gage data, hydrologic modeling, visual observations; data that
demonstrate soil conditions (e.g., data from hand-dug or mechanical soil pits or boring
results). The applicant may not rely on NRCS soil survey data for establishing existing
conditions.
(8) A planting plan and schedule by proposed community type and hydrologic regime, size
and type of plant material to be installed, spacing of plants, typical clustering patterns,
total number of each species by community type, timing of installation, nutrient
requirements, watering schedule, weed control, and, where appropriate, measures to
protect plants from damage.
(9) A mitigation monitoring plan must include a period of not less than five years and
establish the entity responsible for long-term operations, maintenance, and monitoring
and the methods the applicant will use to ensure the mitigation meets the objectives
established by the plan.
(10) Wetland mitigation performance criteria for mitigation wetlands and buffers (measurable
standards reflective of expected development goals established for each year after the
mitigation site is established, e.g., "At the end of five years there will be an 80 % survival of
the planted shrubs and trees").
(11) Contingency plans which clearly define courses of action or corrective measures if
performance criteria are not met including strategies for adaptive management and
change in mitigation option and the entity responsible for implementing any required
contingency plans.
b. The mitigation report must include scaled plan sheet(s) for the mitigation plan. The scaled
plan sheet(s) must contain, at a minimum:
(1) The surveyed edges of existing wetlands and buffers; the proposed location and acreage
of wetlands and buffer impacts; and the location of proposed wetland and buffer
mitigation areas.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-48 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(2) Surveyed topography at half-foot contour intervals in the area of the proposed mitigation
if any grading activity is proposed in the proposed mitigation area.
(3) Provide an existing and proposed mitigation design cross section for the wetland and/or
buffer proposed mitigation areas.
c. A description of ongoing management practices that will protect and maintain the any
nonimpacted wetland areas and the proposed mitigation wetland, watercourse, and buffer
areas.
B. If agricultural water user facilities are present then the development application must include
application materials required pursuant to 38.220.060, 38.360.280, and 38.410.060.
C. An as-built plan of the affected area within six months of completion.
sec. 38.710.130. - Submittal materials for appeals of administrative
project decisions.
A. All appeals of administrative project decisions must include:
1. Name and address of the appellant;
2. The legal description, street address, and project number of the property involved in the appeal;
3. A description of the project that is the subject of the appeal;
4. Evidence that the appellant is an aggrieved person as defined in 38.800.020;
5. Noticing materials required by 38.730;
6. Required appeal filing fee; and
7. The specific grounds and allegations for the appeal, and evidence necessary to support and justify
a decision other than as determined by the administrative review authority.
sec. 38.710.140. - Administrative interpretation or decision appeals.
A. All appeals of administrative interpretations must include:
1. Name and address of the applicant;
2. The legal description and street address, and project number of the property, if any, involved in
the appeal;
3. A description of the property, if any, that is the subject of the interpretation appeal including:
a. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
b. Location of all existing and proposed buildings; and
c. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-49 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
4. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
5. Noticing materials required by 38.730;
6. Required filing fee; and
7. A written narrative explaining the basis of appeal, raising all grounds for appeal that the party may
raise in district court, and evidence to prove that the decision or action of the official for which an
appeal is made was incorrect or in violation of the terms of this chapter.
sec. 38.710.150. - Submittal materials for variances.
A. An application for a variance must be accompanied by a development plan showing such information
as the community development director may reasonably require for purposes of this chapter. The
plans must contain sufficient information for the review authority to make a proper decision on the
matter. Information listed below may be incorporated with other application materials if the variance
is submitted in conjunction with another type of development application. The request must state
the exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for
a variance. In all cases, the application must include, and will not be deemed filed until all of the
following is submitted:
1. Name and address of the applicant;
2. The legal description of the property involved in the request for variance, including the street
address, if any, of the property;
3. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
4. Noticing materials required by 38.730;
5. A site plan drawn to scale showing the property dimensions, access roads, and the location of
existing and proposed buildings, as applicable;
6. A clear description of the variance requested, reasons for the request, and identification of and
proposed mitigation for adverse effects from the proposed variance;
7. Written justification supporting the criteria of 38.760.060.C.1, 38.760.060.C.2, 38.760.060.C.3 and,
when applicable, 38.760.060.C.4;
8. Evidence satisfactory to the review authority of the ability and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of permit; and
9. Required filing fee.
sec. 38.710.160. - Submittal materials for telecommunications.
A. The following information must be submitted for review of wireless facilities as applicable. Failure to
provide required materials will result in a determination that the application is incomplete, and the
application will not be processed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-50 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
1. Submittal materials.
Table 38.710.160-1
Telecommunication Submittal Materials Micro-scale Small-scale Large-scale
A detailed written description of how the applicant
has complied with, or will comply with, the applicable
standards of this chapter;
X X X
An accurate photo simulation of the site with the
proposed facility in place. The simulation must be to scale,
and depict all planned and expected antennae, including
colocation of other carriers, on the facility. Landscaping
which is not existing or proposed on the accompanying
site plan may not be included in the simulation unless it
exists on adjoining properties;
X X
A statement of whether the proposed facility is exempt or nonexempt from environmental review under the Rules of the FCC;
If the facility is claimed to be exempt, a detailed and
specific citation to the Rules of the FCC indicating the
section which details the relevant exemption provisions
must be included. If the facility is not exempt from
environmental review, a copy of the environmental review
must be provided with the application, and the approval
from the FCC for the site must be provided to the city
prior to the final site plan approval; and
If the facility is claimed to be exempt from environmental
review, a statement must be provided, under oath and
notarized, that the proposed or existing facility does or
will comply with FCC radio frequency emission guidelines
for both general population/ uncontrolled exposures and
occupational/controlled exposures as defined in the FCC
rules. The provision of false information will result in the
immediate revocation of permits or approvals granted
upon the basis of the false information and the cessation
of operation of the offending facilities;
X X X
When the applicant is a wireless service provider, proof that the applicant is licensed by the FCC to provide the wireless communication services that the proposed facility is designed to support, or that licensing by the FCC is not required;
X X X
A report providing a description of the large-scale wireless
facility with technical reasons and justification for its design and placement;
X
A description of the maximum capacity of the large-scale
wireless facility as proposed and how the facility can be
retrofitted or modified to accommodate changing user
needs;
X
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-51 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Table 38.710.160-1
Telecommunication Submittal Materials Micro-scale Small-scale Large-scale
Documentation establishing the structural integrity for
the large-scale wireless facility's proposed use including
documented loading calculations for wind, snow and
seismic forces under circumstances of maximum capacity
loading prepared by a professional structural engineer
licensed to practice in the state. Loading criteria will be
those set forth in the edition of the International Building
Code most recently adopted by the city; and
X X X
A statement of how the colocation requirements of
38.330.040.B are met.X X X
2. In addition to the materials required above, for all large-scale wireless facilities 50 feet or greater
in height, the applicant must submit:
a. Propagation studies for the users of the proposed facility, including existing service coverage
maps and whether the placement of the new site will require relocations of existing facilities,
or a description of how and why the proposed site and facility size is required to provide
service that is otherwise unavailable or substantially inadequate or is required for the
introduction of a new service;
b. A statement of intent of how colocation on the facility will be addressed;
c. A statement of willingness to allow colocation at reasonable and customary rates by all
technically feasible providers up to the structural capacity of the tower;
d. An inventory of all surrounding buildings or other structures greater than 50 feet in height
within a radius of one mile of the proposed location with a listing of height and suitability for
hosting the proposed users of the large-scale wireless facility;
e. An applicant must demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration must
address the criteria in 38.330.040.B;
f. A detailed explanation of how the large-scale wireless facility will be maintained and how the
maintenance and operations of the large-scale wireless facility will be transferred to a third
party should the applicant no longer retain ownership. Unless otherwise approved by the city,
the responsibility of maintenance and operations must transfer to the owner of the underlying
property;
g. An explanation of how the applicant will provide a financial security for the removal of the
large-scale wireless facility in the event that it no longer serves telecommunications carriers.
The financial guarantee must be 150 % of the estimated cost of facility removal and must be
acceptable to the city; and
h. A large-scale wireless facility may be reviewed as a multiple phase project and be constructed
over time as provided for in 38.330.040. An applicant intending to construct a new large-
scale wireless facility must provide letters of intent adequate to meet the requirements for
leases set forth in 38.330.040.B.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-52 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.710.170. - Submittal materials for regulated flood hazard areas.
Applicable submittal materials required under 38.600.150, Flood hazard evaluation, and 38.600.170,
Subdivision and plan review and approval, must be provided.
sec. 38.710.180. - Submittal materials for text or map amendments.
A. An application for an amendment to the text of this chapter or the zoning map must be accompanied
by materials providing such information as the community development director may reasonably
require for purposes of this chapter. The application must contain sufficient information for the
review authority to make a proper decision on the matter. In all cases, the application must include,
and will not be deemed adequate for review until all of the following is submitted:
1. Information to establish that the applicant is an allowed entity per MCA 76-25-304(1) or 76-25-
403(1) to submit an amendment. The city may establish additional requirements for applications
affecting zoning district designation of properties not owned by the applicant(s).
2. Notice materials required per 38.730.
3. Text or image materials necessary to address the required analysis in MCA 76-25-304 (2)
or 76-25-403(2) as may be applicable to the subject of the proposed amendment and that
demonstrates the proposed amendment is in substantial compliance with the criteria for
amendments established by the state.
4. As needed, the application shall include data necessary to enable analysis and public comment
and consideration of potential impacts resulting from the proposed amendment.
5. An application fee as authorized by 38.700.140.
sec. 38.710.190. - Submittal materials for concept plans.
A. Applications for all concept review must be submitted to the community development department
on forms provided by the community development director. The following materials are required and
additional materials may be identified on application forms.
1. Project Narrative providing a description of the overall project including design intent, project
goals, project time frame, proposed uses, site improvements, buildings, anticipated parking
demand and source of off-street parking.
2. List of questions regarding specific project input sought from the city.
3. Data regarding the existing zoning, site and building conditions, adjacent uses, available utilities
and other related general information about adjacent land uses.
4. If existing structures are 50+ years old, provide color photos of all sides of the building.
5. If parkland is required, explain proposed way to satisfy per 38.420, BMC and proposed integration
with natural features..
6. Include a separate site plan displaying existing conditions such as lot boundaries, dimensions,
setbacks, existing easements, access points, vehicular and pedestrian circulation, buildings,
natural features, and topography.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-53 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
7. Site plan displaying proposed development including:
a. Existing and proposed utilities labeled.
b. Setbacks (Form and Intensity minimums, Wetland, Watercourse) annotated with distances in
feet.
c. Pedestrian and vehicular circulation.
d. Street vision triangles.
e. Open space (if applicable).
f. Anticipated parking demand and source of off-street parking.
g. Building footprint.
8. Natural features: Preliminary scoping of wetlands and wetland boundaries with identification of
whether they are expected to be jurisdictional to federal regulations, all proposed areas for fill, all
watercourses with classification as identified by the Gallatin Conservation District, all agricultural
irrigation facilities with identified ditch owners or operators and evidence of notice to the owners
or operators.
9. Civil plan including:
a. Proposed utilities- electric, natural gas, telephone, cable, water, sewer.
b. Easements (in correct dimensions and width).
c. Identify a stormwater strategy (surface vs. subgrade), and general location. Calculations not
required.
d. Topographic contours.
10. Proposed structure(s):
a. Conceptual building elevations with overall height, roof pitch, and transparency locations.
b. Floor plans with areas of each space identified with use (if known).
c. Building materials intended.
11. Setbacks (property line, wetland, watercourse). All setbacks must be annotated with type.
Show the building footprints and any proposed encroachments. Any setback or property line
encroachments must be clearly shown and be noted with encroachment type (e.g. awning,
weather protection, cantilever, lighting, eave, etc.).
12. Landscape plan including:
a. If known, the landscape design approval pathway selected for compliance (prescriptive vs.
performance);
b. The general location of street trees, screening, landscape separation, and parking lot
landscaping, as applicable to the project;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-54 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
c. The general location and square footage of the proposed landscape types, such as:
(1) Turf;
(2) Seed Mix; and
(3) All other plants except for trees.
13. List the proposed landscape water supply source, location, and ownership (e.g. private or public)
with a brief description of how this water will be used.
14. If phasing is proposed, a separate phasing plan with phases clearly identified. Include a
description of each individual phase as related to the overall improvements.
15. Identify if the applicant intends concurrent construction and for what infrastructure.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-55 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.720. - SUPPLEMENTARY
DOCUMENTS
sec. 38.720.010. - General.
When required, the supplementary documents described in this division, must be submitted in draft form
with the preliminary plat or plan, and signed and notarized with the final plat or plan. The proper notary
block must be used.
sec. 38.720.020. - Property owners' association.
A. The city must approve the governing documents or amendments to the governing documents
of a subdivision or other development if as part of the approval the city required the governing
documents to include provisions that directly and materially address a condition of approval or other
adopted standards related to the development including but not limited to 38.780.090. Review of
covenants by the City does not obligate the City to enforce the covenants.
B. When applicable. If the review authority determines a common area or open space, facility, or any
other infrastructure is to be created or constructed as part of the development and such common
area or open space, facility, or infrastructure is required to be either owned by or maintained by the
property owners' association the developer must provide supplemental documents, as applicable,
that (i) transfer ownership of common area, facility, or infrastructure to the property owners'
association; (ii) provide for the perpetual maintenance of common area, facility, or infrastructure by
the property owners' association; and (iii) identify if access to the common area open space or facility
is available to the public or is restricted to the members of the property owners' association. Property
owners' association bylaws or the declaration of covenants, conditions and restrictions must be
prepared and recorded with the final plat or plan.
C. Bylaws or covenants, conditions and restrictions contents. The items listed below are required to
be included in the property owners' association bylaws or declaration of covenants, conditions and
restrictions and must be clearly identified within the documents. The covenants must at a minimum,
provide:
1. The property owners' association will be formed before any properties are sold.
2. Membership is automatic and mandatory for each property or unit buyer and any subsequent
buyer.
3. Means of enforcing the covenants, and of receiving and processing complaints.
4. Common area and facilities must be perpetually reserved.
5. The association is responsible for liability insurance, any applicable tax assessments and the
maintenance of any common area or facilities.
6. Property or unit owners must pay a pro-rata share of the cost of any common expenses, with any
assessment charged by the association becoming a lien where necessary on individual parcels.
7. The association may adjust the assessment to meet changed needs.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-56 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
8. The conditions and timing of the transfer of ownership and control of common areas and
facilities from the declarant to the association.
9. The written approval of the community development director is required before the association
can be dissolved or the boundaries altered.
10. Regular maintenance program for items included in 38.780.090.A and any other common area
and facilities and that the association is responsible for the maintenance program.
D. If the property owners' association fails to install or maintain improvements according to approved
plans, the city may, at its option, complete construction of improvements and/or maintain
improvements in compliance with 38.720.030 and 38.780. The city's representative, contractors
and engineers have the right to enter upon the property and perform such work, and the property
owners' association must permit and secure any additional permission required to enable them to do
so. The city will bill the property owners' association for any costs associated with the installation or
maintenance of improvements.
E. For a multiphase project, the property owners' association must be created for the entire project with
the first phase.
F. To ensure continued maintenance of common areas and facilities, and on-going fulfillment of all
obligations no property may be removed from the property owners' association without prior written
approval by the community development director.
sec. 38.720.030. - Covenants.
A. The city may require covenants to be recorded with the final plat, plan, condominium when it is
determined they are necessary for the protection of the public health, safety and general welfare and
compliance with conditions of approval or compliance with standards including but not limited to
38.780.090. All city required covenants must run with the land. Covenants must be recorded with the
Gallatin county clerk and recorder. The covenants may be required to include, but are not limited to,
the following provisions:
1. That all county declared noxious weeds will be controlled as required in MCA 7- 22-21.
2. A section addressing agricultural uses of neighboring properties in the following form: "Lot
owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot
owners accept and are aware that standard agricultural and farming practices can result in dust,
animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature
the use of heavy equipment, chemical sprays and the use of machinery early in the morning and
sometimes late into the evening."
3. That all fences bordering agricultural lands must be maintained by the landowners in accordance
with MCA 70-16-2, 81-4-1, or other relevant state law.
4. That any covenant which is required as a condition of the preliminary plat approval or other
development may not be amended or revoked without the consent of the city.
5. Common area and facility maintenance plan. The developer must submit a legal instrument
setting forth a plan consistent with 38.780.090 providing for the permanent care and
maintenance of common areas and facilities. The same must be submitted to the city attorney
and must not be accepted by the city until approved as to legal form and effect. Common areas
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-57 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
and facilities must be deeded to a property owners' association and, the applicant must record
the proposed documents governing the association at the time of final plat filing. Creation of a
special maintenance district satisfies this requirement.
6. Common area and facility maintenance guarantee and process. In the event the organization or
any successor organization established to own and maintain common areas and facilities, must
at any time fail to maintain the common areas or facilities in reasonable order and condition
in accordance with the approved plan, the city may cause written notice to be served upon
such organization or upon the owners of property in the development. The written notice must
set forth the manner in which the common areas or facilities have failed to be maintained in
reasonable condition. In addition, the notice must include the demand that the deficiencies
noted be cured within 30 days thereafter and must state the date and place of a public meeting
to be held within 14 days of the notice. At the time of public meeting, the city commission may
modify the terms of the original notice as to deficiencies and may extend the time within which
the same may be cured. If the deficiencies set forth in the original notice or modifications are
not cured within the time set, the city may enter upon such common facilities and maintain the
same for a period of one year, in order to preserve the taxable values of properties within the
development and to prevent the common facilities from becoming a public nuisance. Such entry
and maintenance must not vest in the public any right to use the common facilities not dedicated
to public use. Before the one year period expires, the commission must, upon its own initiative
or upon written request of the organization theretofore responsible for maintenance, call a
public meeting and give notice of such meeting to the organization responsible for maintenance
or the property owners' of the development. At the meeting, the organization responsible for
maintenance and/or the residents of the development may show cause why maintenance by the
city should not be continued for a succeeding year. If the city commission determines that it is
not necessary for the city to continue such maintenance, the city must cease such maintenance
at the time established by the city commission. Otherwise the city must continue maintenance
for the next succeeding year subject to a similar meeting and determination at the end of each
year thereafter.
a. The cost of maintenance by the city must be a lien against the common facilities of the
development and the private properties within the development. The city commission must
have the right to make assessments against properties in the development on the same
basis that the organization responsible for maintenance of the facilities could make such
assessments. Any unpaid assessment must be a lien against the property responsible for
the same, enforceable the same as a mortgage against such property. The city may further
foreclose its lien on the common facility by certifying the same to the county treasurer for
collection as in the case of collection of general property taxes.
b. Should the property owners' association request that the city assume permanent
responsibility for maintenance of facilities, all facilities must be brought to city standards prior
to the city assuming responsibility. The assumption of responsibility must be by action of the
city commission and all costs to bring facilities to city standards must be the responsibility of
the property owners' association. The city may create special financing mechanisms so that
those properties within the area affected by the property owners' association continue to bear
the costs of maintenance.
c. The city must assume permanent responsibility for maintenance of public areas and facilities
when a dedicated funding mechanism is adopted.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-58 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
7. Guarantee for open space preservation. Open space shown on the approved final plan or in the
approved plat application must not be used for the construction of any structures not shown on
the final plan.
8. Covenants and condominium declaration documents must require condominiums to be assigned
street addresses in compliance with chapter 10, article 7 BMC. Addressing must not use X or other
generic statements. Draft documents submitted for review prior to final approval must include
correct addresses.
9. Stormwater facilities maintenance as required by chapter 40, article 4 BMC.
10. Maintenance of wetland mitigation required per 38.610.
B. Landscaping and irrigation requirements included in private covenants must comply with this code
and the most recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual.
C. A private covenant may not restrict or prohibit what federal, state, or local law requires. A private
covenant may not require what a federal, state, or local law prohibits.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-59 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.730. - NOTICING.
It is the purpose of this division to provide for adequate notice of governmental actions to those affected
by such actions. Notice is required in order for citizens to be aware of decisions of local government
and, when allowed by law, to participate in decision making which affects their interests and provides
opportunity to receive information pertinent to an application that would not otherwise be available to
the decision maker. The most important time for engagement with the public is during development of
policy. In establishing standards for providing notice, the need for timely processing of applications and
direction from state law is also recognized.
After a regulation has been adopted by the governing body, there is a presumption that all development
in substantial compliance with the adopted regulation are in substantial compliance with the land use
plan and zoning regulations; and the public has been provided a meaningful opportunity to participate.
sec. 38.730.010. - Contents of notice.
A. The following elements must be included in notices issued pursuant to this chapter:
1. Address of the property, or its location by approximate distances from the nearest major street
intersections, or other description to identify the affected property;
2. Legal description of the property;
3. The number, date, time and place of scheduled public hearings or meetings or the date of any
final public comment deadline and method of submitting comments;
4. A description of how and where additional information regarding the action may be obtained
including the address and phone number of the city; and
5. A brief description of the nature and subject of the notice.
6. Information on the scope of comments sought and how public may participate in the decision-
making process.
B. Notices required for applications specific to individual sites must also include a map of the area of the
development to indicate its general location and proximity to surrounding properties.
C. The following additional elements must be included in all notices required for text amendments to
this chapter:
1. A summary explanation of the intent of the change, with reference to the exact text being
available for public review.
sec. 38.730.020. - Notice requirements for application processing.
A. The following minimum standards for timing, location of noticing area and type of notice must be
provided.
1. Noticing provisions are cumulative with the maximum combination of noticing requirements
being provided. When more than one newspaper publication of notice is required, only one
of the required publication dates must fall within the minimum and maximum days required.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-60 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Publications for public hearings follow the requirements of MCA 7-1-4127 in addition to the
requirements of Table 38.730.020-1.
2. Distance in Table 38.730.020-1 is the distance from the exterior property boundary of the siteto
all or part of another parcel of land. This distance includes the width of a right-of-way or other
public ownership. If any portion of a parcel includes shared ownership, such as a condominium,
then the notice distance includes the common area and the individual units within the specified
distance.
3. Notice must be provided not less than 15 or more than 45 business days prior to the close of the
public comment period or public hearing unless otherwise specified in this chapter.
a. Notice for an interim zoning ordinance must be published at least 7 days before the public
hearing.
4. Notices required to be mailed must be distributed by US first class mail.
5. For all developments which require mailed notice, the applicant must provide a list of names
and addresses of all property owners, including names and addresses of owners of individual
condominium units within the specified notice distance and the association of unit owners. The
list must be drawn from the most current known property owners of record as shown in the
records of the county clerk and recorder's office. An address shown as general delivery or similar
nonspecific address is inadequate for the purposes of this standard. The required notice list also
must include all parties required to be notified under 38.310.010.
6. The community development director will establish procedures for mailing notice.
7. The applicant is responsible for mailing notice. The notice must be distributed such that
notices are submitted to the United States Postal Service at least two business days before the
beginning of the notice period. The return address on the envelopes must be the mailing address
established by the community development director.
B. If for some reason a required property owner fails to receive mail notification of a scheduled public
hearing or other public comment opportunity, or if one or more of the required posted signs in the
area or on the site for which the public hearing or other public comment opportunity is being held
is moved through no fault of the city, this in no way invalidates the legal notice requirements of the
scheduled public hearing/ meeting or other public comment opportunity.
C. Notice may also be provided to property owners in any additional area that may be substantially
impacted by an application as determined by the community development director. The community
development director may use other means, such as electronic methods, in addition to posting,
mailing, or publication to provide notice.
D. Publication of agendas for public meetings and hearings follow requirements of state law.
E. Content of public comment. The City is required to apply the standards adopted in this chapter to
development applications. To be effective in influencing the outcome of a decision comments must
focus on criteria and standards applicable to the application under review and provide supporting
information as to opinions offered. See MCA 76-25-305 and 76-25-408.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-61 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Table 38.730.020-1. Minimum standards for timing, location of noticing area and method of notice.
Application Distance Notice Type
Ministerial Land Use Permits
Subdivision exemptions None None
Sketch plans with and without Certificate of
Appropriateness None None
Modifications of approved plans None None
Modifications of subdivision preliminary plat not requiring review per 38.100.070 None None
Final plats None None
Final plans None None
Special Temporary Use Permits None None
Non-Ministerial Land Use Permits
Site plans None Post on-site, 38.310.010
mail
Preliminary plats None Post on-site, 38.310.010
mail
Special Use Permits 200 Post on-site, 38.310.010
mail
Floodplain permits per 38.600.200 200 Mail, 38.310.010 mail
Variances – zoning or floodplain 200 Post on-site, 38.310.010 mail
Deviations 200 Post on-site. 38.310.010
mail
Appeals None Newspaper, post on-site
Noticing for MCA 76-2-402 claims None Newspaper, post on-site,
agendas
Removal of property from legacy planned unit
development None Post on-site
Adoption of implementing ordinances and resolutions
after any applicable public hearing has been held.None Agendas
Amendments
Zone map amendments 300 Newspaper, post on-site, agendas, municipal website, agendas
Zone map amendments resulting from code changes None Newspaper, municipal website, agendas
Text amendments None Newspaper, municipal
website, agendas
Interim zoning ordinance None Newspaper
Any other review process in Chapter 38 not specified
above None
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-62 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.740. - PLAN REVIEW
sec. 38.740.010. - 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 division, 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 (referred to as a "plan") will be required as specified
in this division. 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. variances) 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 38.740.030.
C. When a development is proposed within the neighborhood conservation overlay district additional
standards apply. In such cases, additional submittal requirements and review procedures apply as
outlined in 38.710.080.
D. Special 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 special use permit may be granted by the review authority. Conditions may be
applied to the issuance of the permit. No special use permit may be granted for a use which is not
specifically designated as a special use in this chapter.
E. Approval will be granted for a particular use and not for a particular person or firm.
F. This division is provided to meet the purposes of 38.100.040 and all other relevant portions of this
chapter.
G. Applications subject to this division are reviewed under the authority established by 38.700.
sec. 38.740.020. - Classification of plans.
A. All developments, defined in 38.800.050, but excluding subdivisions, within the city are subject to
the plan review procedures and criteria of this chapter and the applicable submittal requirements of
38.710. For the purposes of this chapter, plans will be classified as either a site plan or a master site
plan.
1. Exception.
Those developments specified in 38.740.060 and other development proposals when so
specifically identified by the community development director require only sketch plan review.
B. A master site plan is a generalized development plan that establishes building envelopes and overall
entitlements for complex, large-scale projects that will require multiple years to reach completion. A
master site plan coordinates complex projects but does not authorize construction. Use of a master
site plan is required when one or more of the following characteristics are part of the development:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-63 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
1. Initial development or redevelopment of an area of residential emphasis mixed-use (REMU)
district greater than 10 acres;
2. Multiple buildings located on multiple contiguous lots not under common ownership and/or
contiguous city blocks;
3. Multiple owners; or
4. Development phasing projected to extend beyond two years (see 38.740.080.A.2).
C. Telecommunication facilities must be reviewed according to the regulations in 38.330, in addition to
this division.
D. Uses identified in 38.320 must be reviewed according to the standards and regulations contained in
38.320, in addition to this division.
sec. 38.740.030. - Special development proposals—Additional
application requirements, review procedures and review criteria.
A. Application requirements. Applications for some development proposals (e.g. special use permits,
flood plain development permits, variances, etc.) must include:
1. The required information for plans described in 38.710.070;
2. Any additional application information required for specific reviews as listed in the following
divisions of this chapter:
a. 38.320, Specific Use Standards;
b. 38.330, Wireless Facilities;
c. 38.600, Floodplain Regulations;
d. 38.610, Wetland Regulations; and
e. 38.760, Appeals, Deviations, Departures and Variance Procedures.
B. Review procedures and review criteria. Additional review procedures and review criteria for specific
development proposals are defined in the following sections and divisions of this chapter:
1. 38.710.080, Certificate of Appropriateness;
2. 38.740.100, Special Use Permit;
3. 38.320, Specific Use Standards;
4. 38.330, Wireless Facilities;
5. 38.600, Floodplain Regulations;
6. 38.610, Wetland Regulations; and
7. 38.760, Appeals, Deviations, Departures and Variance Procedures.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-64 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.740.040. - Application of plan review procedures.
A. These procedures apply to all non-subdivision developments within the city unless explicitly
exempted in this chapter.
B. A plan, including when necessary a final plan, must be approved by the review authority prior to the
issuance of any building permit.
C. No routing for final occupancy review may occur any development for which plan review is required
until certification has been provided under 38.780.030 demonstrating that all terms and conditions of
plan under approval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a plan, all standards
of this chapter apply whether explicitly mentioned in the record of the review or not. An omission or
oversight of a nonconformity with the standards of this chapter in the site plan does not constitute
approval of such nonconformance. Any nonconformance which was not the subject of an explicitly
approved deviation or variance may be required to be cured at such time the city becomes aware of
the nonconforming condition's existence.
E. In the event that the volume of site development applications submitted for review exceeds the
ability of the city to process them simultaneously, preference in order of scheduling will be given to
those projects which provide the most affordable housing in excess of minimum requirements, as
measured by the total number of affordable units.
F. When a development subject to this article is located within the neighborhood conservation overlay
district established by 38.240 a certificate of appropriateness is required in addition to other required
review procedures.
G. Improvements depicted on an approved plan must be installed subject to the requirements 38.780.
H. Review Pause.
1. The landowner of record may request that review of an application be paused. The request must
be made in writing. The request must identify the application by city assigned review number and
identify the period of the pause. A review may be paused more than one time. A review pause
may not individually or cumulatively exceed one year. The request must be received by the city
prior to approval or denial of an application.
2. Upon receipt of a written request the city will pause the review. At the city’s sole discretion,
additional notice per 38.730 may be provided to the public to advise of the pause or to advise of
the restart of the review process.
I. Application termination. If an applicant does not provide the required information in response
to written notice of incompleteness for a period of 180 days, the city may deem the application
withdrawn and close the application. This period may be extended by the community development
director upon written request by the applicant before the 180 days has lapsed.
J. Should an applicant choose not to provide required information after an application has been found
incomplete, the city may proceed with review of the application. Lack of a complete application is an
adequate basis for denial of the application regardless of other merit of the application.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-65 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
K. Ministerial permits, as identified in Table 38.730.020-1 are not subject to notice requirements
otherwise identified in review procedures of this division.
sec. 38.740.050. - Special temporary use permit.
A. Generally.
Uses permitted subject to a special temporary use permit are those temporary uses which are
required for the proper function of the community or are temporarily required in the process of
establishing a permitted use, constructing a public facility or providing for response to an emergency.
Such uses must be so conducted that they will not be detrimental in any way to the surrounding
properties or to the community. Uses permitted subject to a special temporary use permit may
include:
1. Carnivals, circuses, special events of not over 72 consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as may be deemed to be within the purpose of this section.
B. Exception:
Functions held within a public park and which are subject to a park user agreement are not required
to obtain a special temporary use permit.
C. Application and filing fee.
Application for a special temporary use permit may be made by a property owner or their authorized
agent. Information on fees is available at the community development department. Application for
a special temporary use permit must be filed with community development which will charge and
collect a filing fee for each such application, as provided in 38.700. The review authority may require
any information deemed necessary to support the approval or conditional approval of a special
temporary use permit, including site plans per this division.
D. Decision.
Approval or conditional approval will be given only when the review authority finds the application is
compliant with the standards of this division.
E. Conditions.
In approving a special temporary use permit, the approval must be made subject to a time limit, not
to exceed one year per approval, and other conditions deemed necessary to assure that there will be
no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the
following:
1. Regulation of parking;
2. Regulation of hours;
3. Regulation of noise;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-66 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
4. Regulation of lights;
5. Requirement of financial security or other guarantees for cleanup or removal of structure or
equipment; and/or
6. Such other conditions deemed necessary to carry out the purpose of this section.
sec. 38.740.060. - Sketch plan review.
A. Sketch plan submittal requirements.
1. Certain development applications (i.e., not in conjunction with other development) are required
to submit only sketch plans which include the information specified in 38.710.100. Sketch plan
review may be conducted as part of building permit review or as an independent application.
2. Separate construction plans and compliance with landscaping and irrigation requirements
outlined in the most recent version of the City of Bozeman Landscape and Irrigation Performance
and Design Standards manual are required for building permits when the proposal requires such
permits. Additional information is also necessary when the proposal requires the issuance of a
certificate of appropriateness (see 38.710.080 and 38.740.070).
3. Projects and activities that qualify for sketch plan review are:
a. Individual single-unit dwellings.
b. Adding one dwelling on an infill site.
c. Individual duplex, triplex, and fourplex residential unit structures, or a multi-unit dwelling with
not more than 8 dwellings on individual lots and independent of other site development.
d. Accessory dwelling units.
e. Group living for eight or fewer persons on a single lot.
f. Fences which do not comply with 38.540.060.A.
g. Signs in compliance with the requirements of this chapter.
h. Grading of sites, including regulated activities in areas with regulated wetlands, not in
conjunction with a land development proposal and disturbing more than one-eighth but less
than one-half acre, or movement of more than 30 but less than 100 cubic yards of material,
or cut or fill of less than one cumulative foot, whichever is less;
i. Special temporary uses per 38.740.050;
j. Reuse, change in use, or further development of sites per 38.740.130;
k. Essential services Type II primarily underground with no above ground structures larger than
400 square feet and accessory structures associated with these uses.
l. Permitted activities in regulated flood hazard areas (i.e. floodplain permits) not in association
with a development proposal qualifying as a site plan or subdivision.
m. Other similar projects may be determined by the community development director to require
only sketch plan review.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-67 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
4. The community development director may determine submittal requirements in addition to
those in 38.710.100. Projects which do not require sketch plan review may still require review and
permitting for non-zoning issues.
B. Sketch plan review procedures.
1. No certificate of appropriateness required.
Sketch plans for projects which do not require a certificate of appropriateness must be submitted
to the community development department for a determination of compliance with the
requirements of this chapter. Once compliance is achieved, the application will be approved
for construction. In determining whether compliance is achieved the community development
department must consider the individual circumstances of the site when the development is
subject to 38.740.130.
2. Certificate of appropriateness required.
Sketch plans, including the material required by 38.710.100, and such additional information as
may be required for projects which require a certificate of appropriateness as per 38.740.070
must be submitted to the community development department, who must review the proposal
for compliance with this chapter, including compliance with the applicable overlay district
requirements. Once compliance is achieved, the application will be approved for construction or
referred to the appropriate permitting authorities.
C. Sketch plan review criteria.
Sketch plans must be reviewed for compliance with all applicable requirements of this chapter
including overlay district requirements and the cessation of any current violations of this chapter.
Determination of compliance may also consider lawful nonconforming conditions per 38.790. Plan
changes may be required. Where appropriate, the city may approve a sketch plan with restrictions
which limit the duration of the use.
sec. 38.740.070. - Certificates of appropriateness—Additional review
procedures and review criteria.
A. Review procedures and criteria for certificates of appropriateness.
1. Certificates of appropriateness must be issued according to procedures and criteria specified in
38.710.080 and 38.240.020, in addition to this section.
2. Sign proposals which specifically conform to the requirements of this chapter must be reviewed
according to procedures and criteria outlined in 38.550.
B. Demolition or movement of historic structures or sites located outside of the
neighborhood conservation overlay district.
1. Demolition or movement of historic structures or sites located outside of the neighborhood
conservation overlay district must be reviewed according to procedures and criteria outlined in
38.240.020.I.
2. Certificates of appropriateness must be issued according to procedures and criteria specified in
38.710.080 and 38.240.020, as applicable, in addition to this article.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-68 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.740.080. - Plan review procedures.
A. Conceptual review.
1. Conceptual review:
a. Purpose. Conceptual review is an opportunity for an applicant to discuss requirements,
standards and procedures that apply to their development proposal. Major problems can
be identified and solved during conceptual review before a formal application is made.
Conceptual review applications are reviewed by the development review committee and
comments are provided in writing to the applicant following the review. The primary focus
of conceptual review is to identify site specific challenges and/or constraints critical path
elements which will affect review process or submittal requirements.
b. Applicability. Conceptual review is required for development subject to 38.740.040 and not
subject to 38.740.060. Conceptual review may be waived by the community development
director for development proposals that would not derive substantial benefit from such
review.
c. Concept plan submittal. An applicant must submit the application materials required by the
community development director as provided in the conceptual review checklist.
d. Staff review and recommendation. Upon receipt of a concept plan, and after review
of such plan by the DRC and a subsequent meeting with the applicant, the city must
furnish the applicant with written comments regarding such plan, including appropriate
recommendations to inform and assist the applicant prior to preparing the components of
the formal development application. The city may invite other public or quasi-public agencies
which may be impacted by the development to comment. These agencies may include
gas and electric utilities, state agencies, ditch companies, railroads, cable television service
providers, and other similar agencies.
e. The applicant may as part of the concept review request a waiver from information required
to be submitted with a plan review. The DRC may grant reasonable waivers from submittal
of application materials required by these regulations where it is found that these regulations
allow a waiver to be requested and granted. In order to be granted a waiver, the applicant
must include with the submission of the concept plan a written statement describing the
requested waiver and the reasons upon which the request is based
f. Formal application must address the comments provided with the conceptual review. A
complete plan application must be submitted to the community development department
within one calendar year of the date the concept comments are made available to the
subdivider.
B. Development application submittal.
1. Development application forms. All development applications must use forms and procedures
established by the community development director.
2. Fees. All fees established in the adopted fee schedule must be paid prior to the review authority
commencing review of the application. The city manager may waive, reduce, or pay for a
required plan review fee.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-69 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
C. Review of applications.
1. The development review committee must review the application for completeness within 20
business days to determine if the application omits any of the submittal elements required by this
chapter. If the application does not contain all of the required elements, a written explanation of
what the application is missing must be provided to the property owner or their representative.
The business days are met if the information is made available to the property owner or
representative within the required time. A plan is reviewed against the criteria in effect on the date
completeness is determined.
a. The applicant shall provide the missing information within 30 business days of notification
of incompleteness unless a longer period is agreed between city and applicant. The city
may charge a fee for resubmittal of application materials. The city must review subsequent
submissions of application material only for information found to be deficient during the
original review of the application.
b. A determination that an application is sufficient does not restrict the city from requesting
additional information during the plan review process, nor does it ensure approval.
c. If the applicant is nonresponsive to a request for additional information the termination
provisions of 38.740.040 apply.
2. The DRC may grant reasonable waivers during concept review from submittal of application
materials required by these regulations where it is found that these regulations allow a waiver to
be requested and granted. In order to be granted a waiver the applicant must include with the
submission of the preliminary plan a written statement describing the requested waiver and the
reasons upon which the request is based. The review authority must consider each waiver at the
time the plan is reviewed.
3. If in the opinion of the review authority the waived materials are necessary for proper review of
the development, the materials must be provided before review is completed.
4. After accepting a sufficient application proposing development of a site, the review authority must
make an initial determination:
a. Whether the application, with or without variances or deviations, is in substantial compliance
with all applicable regulations and the zoning map; and,
b. Whether all impacts resulting from the proposed development have previously been analyzed
and made available for public review during adoption, amendment, or update of the land use
plan, zoning regulation, or zoning map. For the purpose of this requirement, impacts less than
20% above those previously identified have been considered.
5. If the review authority determines that the application is in substantial compliance, as defined in
MCA 76-25-103, and impacts have previously been addressed, then public notice must be issued
per 38.730 and opportunity to comment on the initial determination provided.
6. Unless public comment received on or before the last day of the comment period provided
in subsection C.5 supports a determination that the proposed development fails to meet the
requirements of subsection C.4, the review authority must issue written findings stating the results
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-70 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
of the public comment and a final written decision approving, approving with conditions, or
denying the application. The decision may be appealed as provided in 38.760.030.
7. If the review authority makes an initial determination that the criteria of subsection 4 are not
met, or public comment received under subsection C.5 provides evidence that the proposed
development, with or without variances or deviations from adopted standards, fails to meet either
one or both of the requirements of subsection C.4, the review authority must:
a. Request that the applicant collect any additional data and perform any additional analysis
necessary to provide the planning administrator and the public with the opportunity to
comment on and consider the lack of substantial compliance with the zoning regulations
or zoning map and any new or significantly increased potential impacts not previously
identified and considered in the adoption, amendment, or update of the land use plan, zoning
regulations, or zoning map;
b. Collect any additional data or perform additional analysis the planning administrator
determines is necessary to provide the local government and the public with the opportunity
to comment on and consider the lack of substantial compliance with the zoning regulations
or zoning map and any new or significantly increased potential impacts not previously
identified and considered in the adoption, amendment, or update of the land use plan, zoning
regulations, or zoning map; and
c. Provide public notice of the planning administrator's initial or revised initial determination
in accordance with C.4 of and a 15-business day written comment period during which the
public must have the opportunity to participate and comment on the data collected and
analysis performed pursuant to subsections C.7.a and C.7.b.
8. Any additional data, analysis, comment, or consideration described in subsection C.7 must be
limited to the lack of substantial compliance with the zoning regulations or map and any new
or significantly increased impacts potentially resulting from the proposed development, to the
extent the impact was not previously identified or considered in the adoption, or amendment,
or update of the land use plan, or zoning regulations, or zoning map. For the purpose of this
requirement, 20% or above previously identified and considered impacts is significant.
9. After the public comment period provided in subsection C.7 has ended, the planning
administrator shall issue written findings stating the results of the public comment and a final
written decision approving, approving with conditions, or denying the application, which may be
appealed as provided in 38.760.030.
D. Mitigation.
The review authority may require the developer to design the development or take other actions to
reasonably minimize potentially significant adverse impacts identified through the review required by
this chapter. The review authority may not unreasonably restrict a landowner's ability to develop land,
but it is recognized that in some instances the unmitigated impacts of a proposed development may
be unacceptable and will preclude approval of the plan.
sec. 38.740.090. - Plan review criteria.
A. If the review authority, after recommendation from applicable advisory bodies and completion of any
required public notice, determines the proposed plan complies with the standards and requirements
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-71 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
of this chapter and other applicable regulations, the review authority must approve the proposed plan
within 15 business days. Upon evidence based findings the review authority may require conditions
and safeguards that must be met prior to final approval. Notice of action must be given in writing.
1. When considering the criteria for future phases of a master site plan, other than those for criteria
1—2, the evaluation may be of a more generalized demonstration of compliance, recognizing
that a subsequent site plan will be submitted in the future which will provide evidence of specific
compliance.
B. In establishing the record of the review, the review authority will use the following general outline of
subjects:
1. Conformance to this chapter, including the cessation of any current violations;
2. Conformance with all other applicable laws, ordinances and regulations;
3. Conformance with special review criteria for applicable permit type as specified in article 7;
4. Conformance with the zoning provisions of article 2 and article 3, including:
a. Allowed uses (38.300);
b. Zoning district standards (38.210, 38.220, 38.230, 38.240, 38.250, 38.260);
c. General land use standards and requirements (38.310);
d. Applicable specific use standards (38.320);
e. Wireless facilities;
f. Affordable housing provisions (38.330, 38.340) if applicable; and
g. Any city approved modifications to standards established by a PUD or PDZ.
5. Conformance with the community design provisions of article 4, including:
a. Transportation facilities and access (38.400), notably:
(1) The impact of the proposal on the existing and anticipated traffic and parking conditions;
(2) Pedestrian and vehicular ingress, egress and circulation, including:
(a) Design of the pedestrian and vehicular circulation systems to assure that pedestrians
and vehicles can move safely and easily both within the site and between properties
and activities within the neighborhood area;
(b) Non-automotive transportation and circulation systems design features to enhance
convenience and safety across parking lots and streets, including, but not limited to,
paving patterns, grade differences, landscaping and lighting;
(c) Adequate connection and integration of the pedestrian and vehicular transportation
systems to the systems in adjacent developments and general community; and
(d) Dedication of right-of-way or easements necessary for streets and similar
transportation facilities;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-72 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(3) Loading and unloading areas;
b. Community design and element provisions (38.410), notably:
(1) Lot and block standards;
(2) Provisions for utilities, including efficient public services and facilities;
(3) Site surface drainage and stormwater control;
(4) Grading;
c. Park and recreational requirements (38.420);
6. Conformance with the project design provisions of article 5, including:
a. Compliance with standards for architectural design, building mass, landscaping, historical
character, orientation of buildings on the site and visual integration;
b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space
and landscaping, etc.) so that activities are integrated with the organizational scheme of
the community, and other approved development and produce an efficient, functionally
organized and cohesive development;
c. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and
landscaping, etc.) in relation to existing natural topography, natural water bodies and water
courses, vegetation, and to contribute to the overall aesthetic quality of the site configuration;
d. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open
space and pedestrian areas, and the preservation or replacement of natural vegetation;
e. Open space;
f. Lighting;
g. Signage;
7. Conformance with environmental and open space standards set forth in articles 4, article 5, and
article 6, including:
a. Stormwater controls ;
b. Watercourse and wetland protections; and
c. If the development is adjacent to an existing or approved public park or public open space
area, public access to and use of that area;
8. Other related matters, including relevant comment from affected parties addressing information
not previously addressed at land use plan, establishment of zoning standards or districts, or
subdivision.
9. If the development includes multiple lots that are interdependent for circulation or other means
of addressing requirements of this chapter, whether the lots are either:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-73 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
a. Configured so that the sale of individual lots will not alter the approved configuration or use
of the property or cause the development to become nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to which the city
is a party so that the sale of individual lots will not cause one or more elements of the
development to become nonconforming; and
10. Phasing of items listed in 38.740.020.B, including but not limited to buildings and infrastructure.
C. Plan approval may be denied upon a determination the application does not meet the standards of
this chapter. Persons objecting to the recommendations of review bodies carry the burden of proof.
A denial of approval must be in writing.
D. If material submitted with an application does not demonstrate full compliance with all requirements
a final plan shall be submitted compliant with 38.740.110.
E. Following approval of a master site plan, the applicant must submit to the community development
department, individual site plans for specific areas within the master site plan. Each subsequent
application for a site plan must be consistent with the approved master site plan and standards of this
chapter. Evidence that the review criteria have been met through the master site plan review process
may be incorporated by reference in order to eliminate duplication of review.
sec. 38.740.100. - Special use permit.
A. A special use permit is reviewed in conjunction with another development process such as a site plan.
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 at the same time as the other permit. The
request for a special use permit must follow the procedures and application requirements of this
division.
B. The review authority, in approving a special use permit, must review the application against the review
requirements of 38.740.090.
C. In addition to the review criteria of 38.740.090, 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. Regulation of noise, vibrations, lighting, and odors;
d. Regulation of hours for certain activities;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-74 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
e. Time period within which the proposed use must be developed;
f. Location of use;
g. Other such conditions as will make possible the development of the city in an orderly and
efficient manner consistent with the requirements of 38.100.050 and 38.100.070.
D. In addition to all other conditions, the following general requirements apply to every special use
permit granted:
1. The right to a special use permit is contingent upon the fulfillment of all special conditions
imposed through 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 special 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. If the special use permit has been approved,
the permit will be issued upon the signature of the review authority after completion of all conditions
and final plan. The decision must be issued in writing.
F. 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 38.740.110.
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
38.700.160.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-75 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.740.110. - Final plan.
A. When a plan is fully compliant with all applicable standards the review authority may approve the
final plan. The owner must submit a statement of intent to construct according to the final plan. Such
statement must acknowledge that construction not in compliance with the approved final plan may
result in delays of routing for final occupancy review or costs to correct noncompliance.
B. Plans not fully compliant with all applicable standards at initial review authority decision.
1. If the review authority is the city commission, no later than six months after the date of the
commission's approval of the plan, the applicant must submit to the community development
department a final plan. The number of copies of the final plan to be submitted is established
by the director of community development. The final plan must contain the materials required
in 38.710.070, 38.710.080, and 38.710.010, and whatever revisions to the preliminary site plan or
master site plan are required to comply with any conditions of approval. Prior to the passage of
six months, the applicant may seek an extension of not more than an additional six months from
the director of community development.
2. In addition to the materials required in subsection B.1 above, the applicant must submit a
certification of completion and compliance stating that they understand any conditions of
approval and the submitted final plans have complied with any conditions of approval or
corrections to comply with code provisions. The owner must submit a statement of intent to
construct according to the final plan. Such statement must acknowledge that construction not
in compliance with the approved final plan may result in delays of routing for final occupancy
review or costs to correct noncompliance.
C. The approval of a final plan is effective for two years. Before expiration, the applicant may seek an
extension of the final plan approval of not more than two additional years. An applicant may request
a maximum of two extensions to the final plan approval. After expiration of a final plan or extension,
the project is subject to a new application and review process. The review authority may grant an
extension of a final plan approval if the criteria of subsection E of this section are met.
D. Following approval of a final master site plan, approval of the final master site plan is effective for
not less than three but not more than five years with the initial duration to be specified during the
final action of the review authority. Owners of property subject to the master site plan may seek
extensions to not exceed five years. Approval of an extension must be granted if the community
development director determines the criteria of subsection E of this section are met.
E. Any request for an extension must be in writing and be dated and signed by the owner of the
undeveloped area or incomplete development for which the extension is sought. More than one
extension may be requested for a particular development. Each request must be considered on its
individual merits. An extension of the development approval under this division does not extend other
city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete
the project. When evaluating an extension request, the city must consider:
1. Changes to the development regulations since the original approval and whether the
development as originally approved substantially complies with the new regulations;
2. Progress to date in completing the development as a whole and any phases;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-76 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
3. Phasing of the development and the ability for existing development to operate without the
delayed development;
4. Dependence by other development on any public infrastructure or private improvements to be
installed by the development;
5. For extensions of approval greater than one year, the demonstrated ability of the developer to
complete the development;
6. Overall maintenance of the site; and
7. Whether mitigation for impacts of the development identified during the preliminary plan review
remain relevant, adequate, and applicable to the present circumstances of the development and
community.
F. Upon approval of the final plan the applicant may obtain a building permit as provided for by this
division.
1. Subsequent site plan approvals are required to implement a master site plan, and approval of a
master site plan only does not entitle an applicant to obtain any building permits.
G. Phasing. The entitlement period for which a final plan is valid is specified in subsection C and
subsection D above. Preliminary single-phase plan applications will only be accepted for
development that can occur under building permits issued within this final plan approval period.
1. Any development that includes phases or where construction of a building would extend past the
final plan approval period must proceed under the master site plan application process with a first
phase plan for those portions that can be constructed under the single-phase final plan approval.
The master site plan and first phase site plan may be reviewed concurrently as a single application.
Each future project phase must submit a stand-alone site plan application following initial master
site plan approval.
2. Each phase of a plan must not include more buildings than will be constructed with building
permits issued within a one-year time frame. These subsequent site plan applications will be
reviewed if consistent with the master site plan. Independent fees will be assessed for each
required application.
3. A preliminary site plan application may be received where it is unclear whether the buildings or
units can be constructed under building permits issued within one year of final site plan approval.
In this case, the review authority may request proof of a construction financing commitment
prior to accepting the application. Applications, where it is clear that the buildings or units cannot
be constructed under building permits issued within one year of final site plan approval will be
deemed unacceptable for review. Such applications must proceed pursuant to a master site plan
with first phase site plan process.
H. Prior to the expiration of an approved plan, but not later than beginning of construction, a landowner
may request to abandon approval of an application which received final approval per this section.
1. Such a request for abandonment must be in writing to the community development director,
must clearly identify the project by the city's assigned application number, and must clearly state
that the landowner is abandoning the application and all associated rights and privileges. The
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-77 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
community development director may establish standards for the content, form, and supporting
materials to be included in a request to abandon an approval.
2. The community development director may approve such an abandonment in writing.
3. An application abandoned under this section is void.
sec. 38.740.120. - Amendments to plans including the reuse, change in
use, or further development of sites developed prior to the adoption
date of a development standard.
A. It is the purpose of this section to assure that issues of community concern are addressed during
the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of
community concern include:
1. Public safety,
2. Mitigation of off-site environmental impacts and site character in relation to surroundings,
3. To encourage reinvestment and renewal of existing developed sites, and
4. To move existing sites toward compliance with current standards while recognizing the limitations
that may exist in relation to an existing site.
The following procedures for amendments to approved plans, reuse of existing facilities, and further
development of sites assure that these concerns are adequately and expeditiously addressed.
B. Any amendment to or modification of a plan approved for the application types and thresholds of
review established in this 38.730 must be submitted to the community development department.
Proposals for further development, reuse or change in use of sites must be reviewed as an
amendment to an approved plan. All amendments must be shown on a revised plan drawing
consistent with any established documentation standards and adequate to identify the existing
conditions and proposed conditions created by the amendment. Amendments to approved plans
must be reviewed and may be approved by the review authority upon determining that the amended
plan is in substantial compliance with the originally approved plan. If it is determined that the
amended plan is not in substantial compliance with the originally approved plan, the application
must be resubmitted as a new application and will be subject to all standards and plan review and
approval provisions of this chapter. Substantial compliance may be shown by demonstrating that the
amendments do not exceed the following thresholds:
1. The proposed use is allowed under the same zoning district use classification as the previous
use. Replacement of nonconforming uses must comply with the provisions of 38.790.010 of this
chapter;
2. Changes proposed for the site, singly or cumulatively, do not increase by more than 20% any of
the following: lot coverage by buildings, storage areas, parking areas or impervious surfaces, and/
or do not result in an increase in intensity of use as measured by traffic generation, stormwater
discharge, or other measurable off-site impacts;
3. The proposed use does not continue any unsafe or hazardous conditions previously existing on
the site or associated with the proposed use of the property.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-78 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
C. Modifications or amendments to a master site plan at the time an extension of approval is sought
may be proposed by either the applicant or the review authority, and must be based on substantive
current information that indicates that relevant circumstances have changed and that such
circumstances support the proposed modifications. Such circumstances may include market
analyses, economic conditions, changes in surrounding land uses, changes in ownership, etc.
D. For building additions and/or remodels to all existing development, except single to four-household
dwellings in any configuration, see 38.500.020 to determine how the design standards within article
5 are applied.
sec. 38.740.130. - Building permits based upon approved sketch or site
plans.
Based upon the approved sketch or final plan and after any appeals have been resolved, a building
permit for the site may be requested and may be granted pursuant to 38.700. No building permit may be
granted on the basis of an approved sketch or other plan whose approval has expired.
sec. 38.740.140. - Appeals.
Appeals of decisions rendered in conjunction with this division may be taken as set forth in 38.760.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-79 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.750. - SUBDIVISION PROCEDURES
sec. 38.750.010. - Transfers of title.
Unless the plat is located in an area where the state or the city does not have jurisdiction, no transfer of
title may occur except as allowed in MCA 76-25-411.
sec. 38.750.020. - Effect of recording complying plat.
The recording of any plat made in compliance with the Montana Land Use Planning Act has the effects
established in MCA 76-25-411(4).
sec. 38.750.030. - Correction of errors, amendments or vacation of
recorded final plats.
A. Correction of errors.
Correction of errors by private parties that, in the opinion of the city, will not materially alter the plat
may be made by the submission of a corrected final plat for the city's approval per 38.750.140. The
plat must be entitled "amended plat of the (name of subdivision) subdivision," and the reason for the
correction must be stated on the face of the plat.
B. Material alterations.
Amendments that materially alter the final plat, or any portion thereof, must be made by the filing of
an amended plat showing all alterations. The amended plat must be approved by the city under the
review procedure as if it were a new application. The city may not approve an amendment which will
place the plat in nonconformance with any applicable standard unless the required review is heldon
the plat and noncompliance to from the standard approved pursuant to the procedures of this
chapter. The plat must be entitled "amended plat of (the name) subdivision," and the reason for the
amendment must be stated on the face of the plat.
C. Vacating recorded plats.
Any plat prepared and recorded as provided by this chapter may be vacated, in whole or in part, as
provided by MCA 76-25-411.
sec. 38.750.040. - General review procedure.
Every subdivision must be reviewed, approved by the review authority, and filed for record with the
county clerk and recorder in accordance with the procedures contained herein before title to the
subdivided land can be sold or transferred in any manner. Appeals of decisions made follow procedures
of 38.760.030.
sec. 38.750.050. - Pre-application plan review.
A. The purpose of a pre-application plan review is to discuss this chapter and other applicable standards,
to familiarize the developer with the standards, goals and objectives of applicable plans, regulations
and ordinances, to identify requested waivers from submittal material, and to discuss the proposed
subdivision as it relates to these matters.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-80 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. Prior to the submittal of a subdivision application for a subdivision, the developer may submit an
application for subdivision pre-application review.
C. Pre-application plan review. For subdivision pre-application review, the developer must submit a
complete application for pre-application plan review, the appropriate review fee, and copies of all
required pre-application information as set forth in 38.710.030.
1. City review. The community development department coordinates the review within the City, and
with outside agencies as needed.
a. Agency review. The community development department will distribute the pre- application
information to appropriate city or county departments and if needed to state and federal
agencies for review and written comment. All written comments received from various
agencies, along with the community development department's comments regarding
whether the plans and data meet the standards, goals and objectives of applicable plans,
ordinances, and this chapter, and for informational purposes identification of local regulations,
state laws, and land use plan provisions that may apply to the subdivision process, will
be forwarded to the applicant to aid in the preparation of the preliminary plat application.
Comments are not assurance a preliminary plat will be approved.
b. The community development department may provide a list of the public utilities, agencies
of government, and other parties who may be contacted and their time frames for comment
on the subdivision application. The comments collected by the community development
department must be provided in writing to the subdivider or their agent within 30 business
days of a complete application being received by the city. The 30 business day review period
is met if the writing is made available to the applicant within the 30 business day review
period.
c. The applicant may during preapplication review request a waiver from information required
to be submitted with a preliminary plat. In order to be granted a waiver the applicant must
include with the submission of the subdivision pre-application a written statement describing
the requested waiver and the reasons upon which the request is based. All waivers must be
initially identified with the pre-application stage of review. The DRC is responsible for granting
waivers, and the community development department staff must notify the developer
in writing of any waivers granted from 38.710.050 after the pre-application review. All
information not waived at the time of pre-application must be provided with the preliminary
plat application.
2. Time for follow-up submittal. A complete subdivision preliminary plat application must be
submitted to the community development department within one calendar year of the date the
pre-application comments are made available to the subdivider.
sec. 38.750.060. - Concurrent Montana Land Use Planning Act and
Sanitation and Subdivision Act review.
For Sanitation and Subdivision Act review, the developer has the option of submitting a state department
of environmental quality (DEQ)/local government joint application form in the place of a preliminary plat
application form, and to request concurrent subdivision review by the state department of environmental
quality and the city, pursuant to MCA 76-4-129. Subdivisions granted the exemption from sanitation
review authorized in MCA 76-4-127 do not need to use this provision.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-81 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.750.070. - Preliminary plat review.
A. Subdivision application submittal. After a pre-application review, the developer may submit a
subdivision application within one year of the date of the city's written comments as required by
38.750.050. If the applicant has not submitted a preapplication review, then no waiver has been
granted, and complete submittal materials must be provided. Subdivision applications must be
submitted using forms and procedures established by the community development director, along
with the appropriate review fee and all required subdivision application information as set forth in
38.710 to the community development department and must conform to the requirements of this
chapter. The preliminary plat must be prepared by a surveyor licensed to practice in the state.
B. Completeness review of application.
The development review committee must review the application for completeness within 20 business
days to determine if the application omits any of the submittal elements required by this chapter.
If the application does not contain all of the required elements, a written explanation of what the
application is missing must be provided to the property owner or their representative. The business
days are met if the information is made available to the property owner or representative within the
required time. A plat is reviewed against the criteria in effect on the date completeness is determined.
1. The applicant shall provide the missing information within 30 business days of notification of
incompleteness unless a longer period is agreed between city and applicant. The city may charge
a fee for resubmittal of application materials. The city must review subsequent submissions of
application material only for information found to be deficient during the original review of the
application.
2. A determination that an application is sufficient does not restrict the city from requesting
additional information during the plan review process, nor does it ensure approval.
3. If the applicant is nonresponsive to a request for additional information the termination provisions
of this section apply.
C. Unless a deviation or variance is explicitly sought and granted in association with a plan, all standards
of this chapter apply whether explicitly mentioned in the record of the review or not. An omission or
oversight of a nonconformity with the standards of this chapter in the site plan does not constitute
approval of such nonconformance. Any nonconformance which was not the subject of an explicitly
approved deviation, departure, or variance may be required to be cured at such time the city
becomes aware of the nonconforming condition's existence.
D. Review Pause.
1. The landowner of record may request that review of an application be paused. The request must
be made in writing. The request must identify the application by city assigned review number and
identify the period of the pause. A review may be paused more than one time. A review pause
may not individually or cumulatively exceed one year. The request must be received by the city
prior to approval or denial of an application.
2. Upon receipt of a written request the city will pause the review. At the city’s sole discretion,
additional notice per may be provided to the public to advise of the pause or to advise of the
restart of the review process.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-82 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
E. Application termination. If an applicant does not provide the required information in response
to written notice of incompleteness for a period of 180 days, the city may deem the application
withdrawn and close the application. This period may be extended by the community development
director upon written request by the applicant before the 180 days has lapsed.
F. Should an applicant choose not to provide required information after an application has been found
incomplete, the city may proceed with review of the application. Lack of a complete application is an
adequate basis for denial of the application regardless of other merit of the application.
G. Ministerial permits, as identified in Table 38.730.020-1 are not subject to notice requirements
otherwise identified in review procedures of this division.
H. Review by affected agencies.
After application information is received, the community development department may provide
the contents of the preliminary plat and supplementary information to relevant public utilities and
public agencies for review and comment pertaining to the application consistency to standards and
criteria. If the community development department must request review by a public utility, agency of
government, and other parties regarding the subdivision application that was not identified during the
pre- application review the community development department may notify the subdivider.
1. For all subdivisions the city requires review by all agencies represented on the DRC per
38.700.170. The city may individually request review by other municipal, county, state, or federal
agencies whose area of responsibility is affected by a proposed preliminary plat. The city may
individually request review by providers of non-municipal utilities whose services are proposed to
be used in or are impacted by a proposed preliminary plat.
sec. 38.750.080. - Subdivision notice and public comment.
A. After accepting a sufficient application proposing subdivision of a site the review authority must make
an initial determination:
1. Whether the application, with or without variances or deviations, is in substantial compliance with
all applicable regulations; and,
2. Whether all impacts resulting from the proposed development have previously been analyzed
and made available for public review during adoption, amendment, or update of the land use plan,
zoning regulation, or zoning map. For the purpose of this requirement, impacts less than 20%
above those previously identified have been considered.
B. If the review authority determines that the application is in substantial compliance and impacts
have previously been addressed, then public notice must be issued per 38.730 and opportunity to
comment on the initial determination provided. For the purpose of this requirement, 20% above
previously identified and considered impacts is significant.
C. Unless public comment received on or before the last day of the comment period provided in
subsection 2 supports a determination that the proposed development fails to meet the requirements
of subsection A, the review authority shall issue written findings stating the results of the public
comment and a final written decision approving, approving with conditions, or denying the
application. The decision may be appealed as provided in 38.760.030.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-83 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
D. If the review authority makes an initial determination or public comment received under subsection
B provides evidence that the proposed development, with or without variances or deviations from
adopted standards, fails to meet either one or both of the requirements of subsection A, the review
authority must proceed as follows:
1. Request that the applicant collect any additional data and perform any additional analysis
necessary to provide the planning administrator and the public with the opportunity to comment
on and consider the lack of substantial compliance with the zoning regulations or zoning map
and any new or significantly increased potential impacts not previously identified and considered
in the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map;
2. Collect any additional data or perform additional analysis the planning administrator determines
is necessary to provide the local government and the public with the opportunity to comment on
and consider the lack of substantial compliance with the zoning regulations or zoning map and
any new or significantly increased potential impacts not previously identified and considered in
the adoption, amendment, or update of the land use plan, zoning regulations, or zoning map; and
3. Provide public notice of the planning administrator's initial or revised initial determination in
accordance with subsection B, and a 15-business day written comment period during which the
public must have the opportunity to participate and comment on the data collected and analysis
performed pursuant to this paragraph.
E. Any additional data, analysis, comment, or consideration described in subsection D must be limited
to the lack of substantial compliance with the zoning regulations or map and any new or significantly
increased impacts potentially resulting from the proposed development, to the extent the impact
was not previously identified or considered in the adoption, or amendment, or update of the land use
plan, or zoning regulations, or zoning map.
F. If an applicant proposes a phased subdivision per MCA 76-25-410(7) additional public notice and
review consistent with statute must be conducted.
sec. 38.750.090. - Decision.
A. Criteria for city decision.
The basis for the review authority's decision to approve, conditionally approve or deny the subdivision
is whether the subdivision application, agencies advice and recommendation, applicable public
comment, and additional relevant information demonstrates that development of the subdivision
complies with this chapter, the Montana Land Use Planning Act and other applicable adopted state
and local ordinances, including, but not limited to, applicable zoning requirements.
When deciding to approve, conditionally approve or deny a subdivision application, the review
authority must:
1. Review the preliminary plat, together with required supplementary information, to determine if it
meets the requirements of this chapter, the development standards and policies of the city, the
Montana Land Use Planning Act, and other applicable adopted state laws and local ordinances,
including but not limited to applicable zoning requirements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-84 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
2. Determine whether impacts resulting from the development were previously analyzed and made
available for public review and comment prior to the adoption of the land use plan including issue
plans, zoning regulations, subdivision regulations, or any amendment thereto.
3. Consider applicable written comments from appropriate public agencies, utilities or other
members of the public.
4. If the review authority finds that the proposed subdivision is in substantial compliance with
the zoning and subdivision regulations and all impacts resulting from the development were
previously analyzed and made available for public review and comment prior to the adoption of
the land use plan, zoning regulations, and subdivision regulations, or any amendment thereto,
the review authority must issue a written decision to approve, approve with conditions, or deny
the preliminary plat within 15 business days from the date the application is determined to be
complete.
5. The basis of the decision to approve, conditionally approve, or deny a proposed preliminary plat is
based on the administrative record as a whole and a finding that the proposed subdivision:
a. Meets the applicable requirements and standards of the Montana Land Use Planning Act and
implementing state and local regulations; and
b. Meets the survey requirements provided in the Administrative Rules of Montana;
6. Findings. Within 30 business days of the final action to approve, deny, or approve with conditions
a subdivision, the review authority must issue written findings as required in the Montana Land
Use Planning Act that discuss and weigh the applicable criteria. The findings must provide facts
that support the decision to approve, conditionally approve, or deny a proposed preliminary plat,
including any conditions placed on the approval that must be satisfied before a final plat may be
approved. The written decision may be appeals as provided for in 38.760.030.
B. Mitigation.
The review authority may require the developer to design the subdivision or take other actions to
reasonably minimize potentially significant adverse impacts identified through the review required by
this chapter. The review authority may not unreasonably restrict a landowner's ability to develop land,
but it is recognized that in some instances the unmitigated impacts of a proposed development may
be unacceptable and will preclude approval of the plat.
C. Changes to conditions after approval.
1. Changes to conditions after approval may be requested and reviewed as allowed by 38.100.070.
2. After issuance of the required findings of fact and completion of a preconstruction meeting with
the engineering division a subdivider may begin on-site earthwork, site clearance, and installation
of infrastructure.
a. Any excavation and site disturbance must be in conformance with an approved Stormwater
Pollution Prevention Plan as described in 40.04.350.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-85 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.750.100. - Duration of approval.
A. Initial subdivision application approval period.
Upon approving or conditionally approving a subdivision application, the review authority must
provide the developer with a dated and signed findings of fact and order. This initial approval must be
in force for not less than one calendar year or more than five calendar years:
1. At the end of the period, the review authority may, at the written request of the developer, extend
its approval for a single mutually agreed-upon period of time.
2. Any subsequent requests for extension of approval follow the same process as the initial request
but are approved by the governing body.
3. Phased subdivisions reviewed under MCA 76-25-410(7) may not exceed a cumulative period for
all phases to exceed 20 years. Phased subdivisions exceeding five years are subject to additional
review and additional conditions may be attached to mitigate new or significantly increased
impacts as authorized in 76-25-410.
B. Extensions of preliminary plat approval period.
Any mutually agreed upon extension must be in writing and dated and signed by the subdivider or
their authorized agent and by the review authority. More than one extension may be requested
for a particular subdivision. Each request is considered on its individual merits. An extension of the
subdivision approval under this chapter does not extend other city or non-city agency approvals,
e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an
extension request, the city must consider:
1. Changes to the development regulations since the original approval and whether the subdivision
as originally approved is substantially compliant with the new regulations;
2. Progress to date in completing the subdivision as a whole and any phases, including maintenance
of the remainder of the site in good condition;
3. Phasing of the subdivision and the ability for existing development to operate without the delayed
development;
4. Dependence by other development on any public infrastructure or private improvements to be
installed by the subdivision;
5. Demonstrated ability of the subdivider to complete the subdivision;
6. Whether mitigation for impacts of the subdivision identified during the preliminary plat review and
findings of fact and order remain relevant, adequate, and applicable to the present circumstances
of the subdivision and community.
sec. 38.750.110. - Notice of certification that water and waste services
will be provided by local government.
If the developer proposes a municipal facilities exclusion from the department of environmental quality
(DEQ) sanitation in subdivisions review, the subdivision application must include a written request from
the developer's professional engineer, licensed in the state, that indicates the intent to request the
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-86 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
municipal facilities exclusion, and details the extent of water, sewer and stormwater infrastructure that
will be completed prior to final plat approval. A preliminary Stormwater Drainage Plan report must also
be submitted with the written request. The city engineer must, prior to final plat approval, send notice of
certification to the DEQ per MCA 76-4-127.
sec. 38.750.120. - Final plat.
A. After the conditions of preliminary approval and the requirements for the installation of
improvements have been satisfied, a final plat is required. The final plat must conform to the uniform
standards for final subdivision plats as set forth in 24.183.1107 ARM as may be amended and to the
standards required by the county clerk and recorder. The applicant is responsible to verify that they
are complying with the most recently adopted clerk and recorder standards. Plans and data must be
prepared under the supervision of a registered surveyor, licensed in the state, as their licensing laws
allow.
1. Final plat submittal.
The final plat and all supplementary documents must be submitted to the community
development department at least 30 business days prior to the expiration of subdivision
application approval or any extension thereto. The submittal must include a final plat application
form, the appropriate review fee, and all information required by 38.710.060.
a. The final park plan, if one is associated with the plat, must be reviewed and approved prior
to approval of the final plat. The installation of any park improvements to meet minimum
development standards or conditions of approval are subject to 38.780 of this chapter.
2. County treasurer certification.
A final plat will not be accepted as complete until the county treasurer has certified on the
required plat mylar print that no real property taxes and special assessments assessed and levied
on the land to be subdivided are delinquent.
3. Review of subdivision guarantee, deeds, and covenants.
a. With the final plat, the developer must submit to the community development department
a subdivision guarantee showing the names of the owners of record of the land to be
subdivided and of any off-site land used to satisfy parkland dedication requirements, and
the names of lienholders or claimants of record against the land, and the written consent to
the subdivision by the owners of the land, if other than the developer, and any lienholders
or claimants of record against the land. If necessary, the subdivision guarantee must be
updated so that the subdivision guarantee is dated no earlier than 90 days prior to the city
commission's action on the final plat.
b. Covenants must be submitted to the community development department with the final plat
application if they are used to meet a requirement for approval.
c. If an improvements agreement will be required per 38.780.060 then the proposed associated
security must be provided for review and approval by the city attorney.
d. Transfer of ownership of public land, dedicated park land, off-site land, private land, personal
property, improvements and water rights; documents required.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-87 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(1) For the transfer of real property in satisfaction of required or offered dedications to the
city, and required or offered donations or grants to the property owners' association
(POA), the subdivider or owner of the property must submit with the application for final
plat a warranty deed or other instrument acceptable to the city attorney transferring fee
simple ownership to the city or the property owners' association (POA).
(2) For the transfer of personal property installed upon dedicated parkland or city-owned
open space, or POA-owned parkland or open space, the subdivider must provide the city
an instrument acceptable to the city attorney transferring all its rights, title and interest in
such improvements including all applicable warranties to such improvements to the city
or the POA.
(3) The subdivider or owner of the property must record the deed or instrument transferring
ownership or interests at the time of recording of the final plat with the original of such
deed or instrument returned to the city or POA as applicable.
(4) For the transfer of ownership interest in water rights or appurtenances, the subdivider
or owner of the property must submit with the application for final plat a deed or
other instrument acceptable to the city attorney transferring ownership to the city or
POA, along with all required state department of natural resources and conservation
documentation, certification and authorization.
e. Certificates.
(1) Public lands/improvements must be described in the certificate of dedication, listed
in the certificate of completion, and be completed or subject to an improvements
agreement.
(2) Private lands/improvements must be described and addressed in the certificate of
donation/grant and completion of private improvements, be completed or subject to an
improvements agreement.
4. Review by the community development department.
The community development department will review the final plat application to verify that all
conditions and requirements for final approval have been met. If all conditions and requirements
for final approval have been met, the community development department must forward a report
to the city commission for their action.
a. A final plat application is considered received on the date the application is delivered to the
governing body or the agent or agency designated by the governing body if accompanied
by the review fee. Within 10 business days of receipt of a final plat, the review authority
shall determine whether the final plat contains the information required and shall notify the
subdivider in writing.
b. If the review authority determines that the final plat does not contain the information required
under subsection 1, the review authority shall identify the final plat's defects in the notification.
c. The review authority may review subsequent submissions of the final plat only for information
found to be deficient during the original review of the final plat under subsection (4)(a).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-88 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
d. A determination that the application for a final plat contains sufficient information for review
as provided in subsection (4)(a) does not ensure approval of the final plat and does not limit
the ability of the review authority to request additional information during the review process.
e. Once a determination is made under subsection 4 that the final plat contains the information
required, the governing body shall review and approve or deny the final plat within 20
business days.
f. The subdivider or the subdivider's agent and the governing body’s reviewing agent or agency
may mutually agree to extend the review periods provided for in this section.
5. Final plat approval.
a. The review authority must examine every final plat, and within 20 business days of the date
of receipt of a complete final plat application to the community development department,
must approve it if it conforms to the conditions of preliminary approval and the terms of this
chapter.
b. For a period of 5 years after approval of a phased preliminary plat, the subdivider may apply
for final plat of any one or more phases following the process set forth in subsections 1-6.
c. After 5 years have elapsed since approval of a phased preliminary plat, the planning
administrator shall review each remaining phase to determine if a phase may result in new
or significantly increased potential impacts that have not been previously identified and
considered in the adoption of the land use plan, zoning or subdivision regulations, or review
and approval of the phased preliminary plat. If the planning administrator identifies any new
or significantly increased potential impacts not previously identified and considered, the
planning administrator shall proceed as set forth in 38.740.070).
d. If necessary to mitigate impacts identified during review), the planning administrator may
impose conditions on any phase before final plat approval is sought."
e. A final subdivision plat is not approved by the city unless all certificates, with the exception of
certificates to be signed by applicable city officers and the county clerk and recorder, have
been complied with, signed and notarized and all regulations and conditions of preliminary
plat approval have been met. A final subdivision plat may not be filed with the county clerk
and recorder unless all certificates, with the exception of the county clerk and recorder, have
been complied with, signed and notarized. A final subdivision plat may not be approved by the
review authority or filed by the county clerk and recorder unless it complies with the uniform
standards for final subdivision plats as established 24.183.1107, ARM as may be amended and
as required by the Gallatin County Clerk and Recorder.
f. If the final plat is approved, the city officer must so certify the approval in a printed certificate
on the plat.
6. If the final plat is denied, the city shall cause a letter to be written to the developer stating the
reasons therefore.
7. Filing.
The developer must file the approved, signed final plat and all other required certificates and
documents with the county clerk and recorder within 60 days of the date of final approval.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-89 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.750.130. - Changes to filed subdivision plats.
Changes to a filed subdivision plat must be filed with the county clerk and recorder as an amended
plat. An amended plat may not be filed unless it meets the filing requirements for a final subdivision plat
specified in these regulations.
sec. 38.750.140. - Subdivision exemptions.
A. Divisions of land exempt from the requirements of this chapter pertaining to
subdivisions.
MCA 76-25-402 establishes exemptions from the usual subdivision review procedure and are
incorporated by this reference. The exemptions may not be used to evade the law and are subject to
zoning compliance.
B. Procedures and general requirements.
All certificates of survey or amended subdivision plats claiming an exemption inside city limits must
be submitted to the community development department.
1. Submittal.
A claimant seeking an exemption under the Act and this chapter must submit to the community
development department a claim on the appropriate application form, including a signed
certificate of exemption, together with evidence to support the claim and any other information
required by this chapter.
2. Review.
The community development department will review the claimed exemption to verify that it is the
proper use of the claimed exemption. The city may not impose conditions on an exemption.
a. During this review, community development department staff will visit the proposed site,
understand the nature of activity occurring on the site, and must identify any existing
or potential zoning conflicts. The community development department must prepare a
written evaluation of the claimed exemption, which must be provided to the claimant or the
claimant's representative.
b. In assessing the claimant's purpose for the exemption, the community development
department will evaluate all relevant circumstances including the prior history of the particular
tract in question and the proposed configuration of the tract if the proposed exemption
transactions are completed.
c. Where a rebuttable presumption is declared in this chapter, the presumption may be
overcome by the claimant with evidence contrary to the presumption. If the community
development department concludes that the evidence overcomes the presumption and
that from all the circumstances the exemption is justified, the exemption will be allowed. If
the community development department concludes that the presumption is not overcome
and that from all the circumstances the exemption is not justified, the exemption will be
disallowed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-90 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
d. If the exemption is allowed, the community development department must so certify in a
printed certificate on the certificate of survey or amended plat within 20 business days of
submission of a complete application.
e. If the exemption is disallowed, the community development department must provide written
notification, within 20 business days of submission of a complete application, of its decision
to the person claiming the exemption.
3. Filing requirements.
An amended plat or a certificate of survey of a division of land which is exempt from review must
be filed within 180 days of the completion of the survey.
a. Certificates of survey.
A certificate of survey may not be filed by the county clerk and recorder unless it complies
with the following procedures for divisions of land exempted from review as subdivisions.
(1) A certificate of survey of a division of land exempted from subdivision review under
MCA 76-25-402, may not be filed by the county clerk and recorder unless it bears the
acknowledged certificate of the property owner stating that the division of land is exempt
from review as a subdivision and citing the applicable exemption.
(2) If the exemption relied upon requires that the property owner enter into a covenant
running with the land, the certificate of survey may not be filed unless it bears a signed
and acknowledged recitation of the covenant.
(3) If a certificate of survey invokes the exemption for gifts and sales to members of the
landowner's immediate family, the certificate must indicate the name of the proposed
grantee, the relationship of the grantee to the landowner and the parcel to be conveyed
to the grantee.
(4) If a certificate of survey invokes the exemption for the relocation of common boundary
lines:
(a) The certificate of survey must bear the signatures of all landowners whose tracts
of record will be altered by the proposed relocation. The certificate of survey must
show that the exemption was used only to change the location of or eliminate a
boundary line dividing two or more tracts of record, and must clearly distinguish
the prior boundary location (shown, for example, by a dashed or broken line or a
notation) from the new boundary (shown, for example, by a solid line or notation);
(b) The certificate of survey must show the boundaries of the area that is being removed
from one tract of record and joined with another tract of record. The certificate of
survey may, but is not required to, establish the exterior boundaries of the resulting
tracts of record. Unsurveyed portions of the parcels must be labeled, "NOT A PART
OF THIS CERTIFICATE OF SURVEY" or "NOT INCLUDED IN THIS CERTIFICATE OF
(c) SURVEY". However, the certificate of survey must show portions of the existing
unchanged boundaries sufficient to clearly identify both the location and the extent
of the boundary relocation;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-91 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(d) If a boundary line will be completely eliminated, the certificate must establish the
boundary of the resulting tract of record; and
(e) The certificate of survey must contain the following notation: "The area that is being
removed from one tract of record and joined with another tract of record is not itself
a tract of record. Said area must not be available as a reference legal description in
any subsequent real property transfer after the initial transfer associated with the
[certificate of survey or amended plat] on which said area is described, unless said
area is included with or excluded from adjoining tracts of record."
(5) The certificate of survey must bear, or be accompanied by, a certification by the county
treasurer that all taxes and special assessments assessed and levied on the surveyed land
have been paid.
(6) For purposes of this section, when the parcel of land for which an exemption from
subdivision review is claimed is being conveyed under a contract-for-deed, the terms
"property owner," "landowner" and "owner" mean the seller of the parcel under the
contract-for-deed.
(7) A certificate of survey must not be filed by the county clerk and recorder unless it
complies with the uniform standards for certificate of surveys specified in 24.183.1104,
ARM as may be amended or as required by the county clerk and recorder.
(8) Certificates of survey that do not represent a division or aggregation of land, such
as those depicting the retracement of an existing parcel and those prepared for
informational purposes, must contain a statement as to their purpose and must meet
applicable requirements of 24.183.1104. ARM for form and content. If the purpose of
a certificate of survey is stated as a retracement or partial retracement, and if multiple
tracts of record contained within the parcel's perimeter boundary on the certificate
of survey are not individually shown, then the certificate of survey does not expunge
the tracts of record unless it represents a division or aggregation of land, contains the
acknowledged certificate of the property owner(s) citing the applicable exemption in its
entirety, and conforms with the Administrative Rules of Montana for certificates of survey
exempted from review as subdivisions.
b. Amended plats.
An amended plat must not be filed by the county clerk and recorder unless it complies with
the uniform standards for final subdivision plats specified in 24.183.1107, ARM as may be
amended or as required by the Gallatin county clerk and recorder. A survey document that
modifies lots in a platted and filed subdivision must be entitled "amended plat of the (name of
subdivision)," but for all other purposes is to be regarded as a certificate of survey.
C. Exemption review criteria.
The following criteria must be used to ensure that exemptions are not claimed for the purposes of
evading this chapter or the Act. Appeals regarding a final decision by the community development
department that an exemption is an evasion of the Act may be taken as set forth in 38.760.030.
1. A division of land is created to provide security for mortgages, liens or trust indentures for the
purpose of construction, improvements to the land being divided or refinancing purposes.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-92 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
a. The proper use of the exemption is to provide security for construction mortgages, liens or
trust indentures, when a survey of the parcel has been required.
b. The city makes a rebuttable presumption that a division of land that is created to provide
security is to evade the Act under the following conditions:
(1) If the division of land is created for the purpose of conveyance to any entity other than
the financial or lending institution to which the mortgage, lien or trust indenture was
given or to a purchaser upon foreclosure of the mortgage, lien or trust indenture; or
(2) The security is provided for construction or improvements on, or refinancing for, land
other than on the exempted parcel.
c. When the security for construction financing exemption is to be used, the landowner
must submit, in addition to such other documents as may be required, a written statement
explaining:
(1) How many parcels within the original tract will be created by use of the exemption;
(2) Who will have title to the remainder of the original parcel; and
(3) A signed and notarized statement from a lending institution that the creation of the
exempted parcel is necessary to secure a construction loan for buildings or other
improvements on the parcel.
d. The written statement and the instruments creating the security must be filed at the same
time as the survey with the clerk and recorder.
2. Divisions for the purpose of relocating common boundary lines between adjoining properties.
a. The proper use of the exemption for relocating common boundary lines is to establish a new
boundary between adjoining parcels of land, without creating an additional parcel.
b. Certificates of survey showing the relocation of common boundary lines must be
accompanied by:
(1) An original deed exchanging recorded interest from every person having a recorded
interest in adjoining properties for the entire newly described parcel that is acquiring
additional land;
(2) Documentation showing the need or reason for the relocation (for example: structure
encroachment, surveyor error, or enhancement of the configuration of the property);
and
(3) The certificate of survey must bear the signatures of all landowners whose parcels are
changed by the relocation, and show that the exemption was used only to change the
location of a boundary line dividing two parcels, and must clearly distinguish the prior
boundary location (shown, for example, by a dashed or broken line or a notation) from
the new boundary (shown, for example, by a solid line or notation).
c. The city makes a rebuttable presumption that a proposed relocation of common boundary
lines is adopted for the purpose of evading the Act, if:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-93 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(1) The community development department determines that the documentation submitted
according to this section does not support the stated reason for relocation, or an
additional parcel is created.
3. Division for the purpose of a single gift or sale in each county to each member of the landowner's
immediate family.
a. Immediate family has the definition given in MCA 76-25-103.
b. The proper use of the exemption as a gift or sale to a member of the immediate family is to
convey one parcel of land to each member of the landowner's immediate family in each
county, providing that the use of the exemption creates no more than one additional parcel
per qualifying individual of less than 160 acres in size.
c. A certificate of survey for a family transfer may include more than one exempt parcel if all
parcels meet the criteria of this section.
d. Certificates of survey showing the creation of new parcels of land pursuant to this exemption
as a gift or sale to a member of the immediate family must be accompanied by an original
deed transferring interest in the parcel being created, or a statement detailing where the deed
is in escrow, how long it will be in escrow and authorization to contact the escrow agent for
verification.
e. The certificate of survey for an exemption for a family transfer must indicate the name of the
grantee, the relationship of the grantee to the landowner and the parcel to be conveyed to
the grantee.
f. The city makes a rebuttable presumption that a family transfer is adopted for the purpose
of evading this chapter and the Act if it is determined that one or more of the following
conditions exist:
(1) The exemption would create more than one additional parcel per qualifying individual of
less than 160 acres.
(2) The member of the landowner's immediate family would have received more than one
exempted parcel in the county.
4. Division outside of platted subdivisions by gift, sale or an agreement to buy and sell in which the
parties to the transaction enter a covenant running with the land and revocable only by mutual
consent of the city and the property owner that the divided land will be used exclusively for
agricultural purposes.
a. An agricultural exemption is a division of land made outside of a platted subdivision by gift,
sale or agreement to buy and sell in which the parties to the transaction enter a covenant
running with the land, revocable only by mutual consent of the city and the transferee/
property owner, that the divided land will be used exclusively for agricultural purposes. No
building or structure requiring water or sewer facilities must be utilized on such a parcel.
(1) A change in use of the land for anything other than agricultural purposes subjects the
division to this chapter and review as a subdivision under the Act.
5. All other exemptions included in MCA 76-25-402.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-94 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
a. The exemption is presumed to comply with the Act if the purpose stated is consistent with the
description of the exemption in MCA 76-25-402.
b. A certificate of survey or amended plat showing the creation of new parcels of land pursuant
to the exemption is required when the exemption creates one or more parcels.
c. Before a court of record orders a division of land, the court must notify the governing body
of the pending division and allow the governing body to present written comment on the
division;
d. Lots created as described in this section that do not comply with the standards of this chapter
are not "nonconforming" lots subject to 38.790.030 and are not individual buildable lots.
D. Correction of errors.
Correction of errors may be made by the submission of a corrected certificate of survey for the city's
approval.
sec. 38.750.150. - Subdivision certificates.
The certificates listed in this section must be shown on plats and certificates of survey, as appropriate.
Other certificates than the following may be required when the city deems it appropriate. Necessary
notarizations of signatures must be consistent with MCA 1-5.
A. Dedication or consent.
All plats of subdivisions must contain a certificate of dedication or certificate of consent signed by the
subdivider. In the case of corporate ownership, the proper corporation officer must sign, a corporate
notary form must be used, and the corporate seal must be affixed. The certificate of consent is used
for plats and exemptions when there are no transfers of land interests to the public. The certificate
must read as follows:
1. Certificate of dedication.
CERTIFICATE OF DEDICATION
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed,
subdivided and platted into lots, blocks, streets, and alleys, and other divisions and dedications, as shown
by the plat hereunto included the following described tract of land to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above-described tract of land is to be known and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, roads,
highways, and parks, playgrounds, or public lands or other public improvements shown on said plat are
hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically
listed herein, the lands included in all streets, avenues, alleys, roads, highways, and parks or public lands
or other public improvements dedicated to the public are accepted for public use, but the city accepts
no responsibility for maintaining the same. The owner(s) agree(s) that the city has no obligation to
maintain the lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or
other public improvements, hereby dedicated to public use. The lands included in all streets, avenues,
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-95 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the public
for which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys,
roads highways, and parks or other public lands or other public improvements).
The undersigned hereby grants unto each and every person firm or corporation, whether public or
private, providing or offering to provide telecommunications, electric power, gas, or other similar utility or
service, the right to the joint use of an easement for the construction, maintenance, repair and removal
of their lines and other facilities in, over, under and across each area designated on this plat as "Utility
Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
2. Certificate of consent.
CERTIFICATE OF CONSENT
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) have caused to be surveyed,
subdivided and platted into lots, blocks, and other divisions, as shown by the plat hereunto included the
following described tract of land to wit:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
The above described tract of land is to be known and designated as (name of subdivision), City of
Bozeman, Gallatin County, Montana.
The undersigned hereby grants unto each and every person, firm of corporation, whether public or
private, providing or offering to provide telecommunications, electric power, gas, or other similar utility or
service, the right to the joint use of an easement for the construction, maintenance, repair and removal
of their lines and other facilities in, over, under and across each area designated on this plat as "Utility
Easement" to have and to hold forever.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
B. Mortgagee.
In those cases where the area being platted or the plat of subdivision is subject to any liens, mortgages,
claims, or other encumbrances by parties or other owners, the following certificate is required:
CONSENT OF MORTGAGEE(S)
(I), (We), the undersigned mortgagee(s) or encumbrancer(s), do hereby join in and consent to the
described plat, (I) (We) release (my) (our) respective liens, claims or encumbrances as to any portion of
said lands now being platted into streets, avenues, parks or other public areas which are dedicated to the
City of Bozeman for the public use and enjoyment.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signature of all encumbrances of record)
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-96 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
C. Parkland.
1. Cash-in-lieu of parkland.
Where there will be a cash donation in-lieu of parkland dedication, plats of subdivision must show
the following certificate:
CERTIFICATE ACCEPTING CASH DONATION IN-LIEU OF LAND DEDICATION
Finding dedication of parkland within the platted area of (Subdivision Name) would be undesirable for
park and playground purposes, it is hereby ordered by the City of Bozeman, that land dedication for park
purposes be waived and that cash-in-lieu, in the amount of dollars, be accepted in accordance with the
provisions of the Montana Land Use Planning Act and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
Signature
City of Bozeman Director of Parks and Recreation
2. Off-site parkland dedication.
Where parkland will be provided off-site, in accordance with 38.420.090.A.4 or 38.420.090.A.4,
plats of subdivision must show the following certificate:
CERTIFICATE ACCEPTING OFF-SITE PARKLAND DEDICATION
Finding an alternative to dedication of parkland, for park and playground purposes within the platted
area of (Subdivision Name) is desirable, it is hereby ordered by the City of Bozeman that land dedication
for park purpose be provided off-site with land outside of the platted area of (Subdivision Name) in
accordance with the provisions of the Montana Land Use Planning Act and the Bozeman Municipal
Code. The off-site parkland dedication will be provided with the following described tract(s) of land or
easement(s):
Description
(Exterior Boundary Description of Area Contained in Plat/Easement and Total Acreage)
DATED this _______ day of _______, _______.
Signature
City of Bozeman Director of Parks and Recreation
3. Parkland dedication to School District 7.
Where parkland will be provided in accordance with 38.420.100.A.6, plats of subdivision must
show the following certificate:
CERTIFICATE ACCEPTING PARKLAND
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-97 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
DEDICATION TO SCHOOL DISTRICT 7
In as much as an alternative to dedication of parkland, for park and playground purposes within the
platted area of (Subdivision Name), would be desirable, it is hereby ordered by the City of Bozeman that
required land dedication for park purposes be met with land dedicated to School District 7 in accordance
with the provisions of the Montana Land Use Planning Act and the Bozeman Municipal Code. If School
District 7 chooses to no longer use the land for school buildings and facilities, the ownership of the land
must revert to the City of Bozeman for park purposes and School District 7 must transfer the land to the
city with clear title and in a condition meeting the minimum development standards for parks established
in 38.420.080. The land dedication will be provided with the following described tract(s) of land:
Description
(Exterior Boundary Description of Area Contained in Plat and Total Acreage)
DATED this _______ day of _______, _______.
Signature
City of Bozeman Director of Parks and Recreation
Signature
Chairman, School District 7 Board of Trustees
D. Surveyor.
All subdivision plats or certificates of survey must contain a certificate of surveyor which must read as
follows:
CERTIFICATE OF SURVEYOR
I, the undersigned, (Type or Print Name), Registered Land Surveyor, do hereby certify that between
_______/_______/_______, _______, and _______/_______/_______, _______, I surveyed (Name
of Subdivision or Certificate of Survey), and drew the same as shown on the accompanying plat (or
certificate of survey) and as described in accordance with the provisions of the Montana Land Use
Planning Act and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
Signature
Printed or Typed Name
Registration No.
(Seal of Surveyor)
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-98 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
E. Improvements.
1. Where improvements are to be installed prior to final plat approval, the final plat of subdivision
must contain a certificate of completion of public improvements. The certificate must list all
completed and accepted improvements, and must read as follows:
CERTIFICATE OF COMPLETION OF IMPROVEMENTS
I, (Name of Subdivider), and I, (Name of Subdivider's Registered Engineer), a registered professional
engineer licensed to practice in the state of Montana, hereby certify that the following improvements,
required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s)
of approval of (Name of Subdivision), have been installed in conformance with the approved plans and
specifications, or financially guaranteed and covered by the improvements agreement accompanying
this plat.
Installed Improvements: (List improvements in accordance with subsection E.1 above).
Financially Guaranteed Improvements: (List improvements in accordance with subsection E.2 below).
The subdivider hereby warrants said improvements against any and all defects for a period of two years
from the date of acceptance by the City of Bozeman.
The subdivider grants possession of all public infrastructure improvements to the City of Bozeman
and the city hereby accepts ownership of all public infrastructure improvements, subject to the above
indicated warranty.
Signature of Subdivider (Date)_______
Signature, Number, and Seal of Engineer (Date)_______
Signature, Director of Public Works (Date)_______
2. If all required subdivision improvements will not be installed prior to final plat approval, and the
final plat will be recorded subject to an improvements agreement and financial guarantee, this
certificate must be modified to also list all improvements not completed.
F. Acceptance of dedications.
When property or improvements are being transferred to the public this certificate is used. The city
commission's designated agent must certify acceptance for public use of improvements associated with
the plat of subdivision. Said certificate must read as follows:
CERTIFICATE OF ACCEPTANCE OF DEDICATIONS
I, Director of Transportation and Engineering, City of Bozeman, Montana, do hereby accept the
dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being
dedicated to such use.
DATED this _______ day of _______, _______.
(Signature), Director of Transportation and Engineering
G. Exclusion from MDEQ review for sanitation.
The following certificate must be added to all subdivision plats to certify that adequate stormwater
drainage and adequate municipal facilities will be provided.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-99 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY REVIEW
The (Name of Subdivision), Gallatin County, Montana, is within the City of Bozeman, Montana, a first-
class municipality, and within the planning area of the Bozeman land use plan which was adopted
pursuant to the Montana Land Use Planning Act, and can be provided with adequate stormwater
drainage and adequate municipal facilities. Therefore, under the provisions of MCA 76-4-125, this
subdivision is excluded from the requirement for Montana Department of Environmental Quality review.
DATED this _______ day of _______, _______.
(Signature), Director of Transportation and Engineering
City of Bozeman, Montana
H. County treasurer.
All final subdivision plats, and certificates of survey unless prepared for a subdivision exemption to
provide security for construction mortgages, liens or trust indentures, must show the following executed
certificate of county treasurer:
CERTIFICATE OF COUNTY TREASURER
I, (Name of County Treasurer), Treasurer of Gallatin County, Montana, do hereby certify that the
accompanying plat (or certificate of survey) has been duly examined and that all real property taxes and
special assessments assessed and levied on the land to be subdivided are paid.
DATED this _______ day of _______, _______.
(Signature), Treasurer of Gallatin County
I. Clerk and recorder.
All plats or certificates of survey must show the following certificate of clerk and recorder:
CERTIFICATE OF CLERK AND RECORDER
I, (Name of Clerk and Recorder), Clerk and Recorder of Gallatin County, Montana, do hereby certify that
the foregoing instrument was filed in my office at _______ o'clock, (a.m. or p.m.), this _______ day of
_______, _______, and recorded in Book _______ of Plats on Page _______, Records of the Clerk and
Recorder, Gallatin County, Montana.
(Signature), Clerk and Recorder
J. Certification of use of exemption claim.
The following certificates must be provided in a printed certificate on the amended plat or certificate
of survey for allowed exemptions from review as subdivisions:
1. Certificate of governing body to authorize exemption from subdivisions review.
CERTIFICATE OF GOVERNING BODY - USE OF EXEMPTION
I, (Community Development Director), do hereby certify that the accompanying (Certificate of Survey
or Amended Plat) has been duly reviewed, and has been found to conform to the requirements of the
Montana Land Use Planning Act, and the Bozeman Municipal Code.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-100 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
DATED this _______ day of _______, _______.
(Signature), Community Development Director
2. Certificate of exemption.
Reference to exclude the survey from state department of environmental quality review can also
be added to this certificate, as appropriate.
LANDOWNER CERTIFICATE OF EXEMPTION
(I), (We) certify that the purpose of this survey is to (state exemption), and therefore this survey is exempt
from review as a subdivision pursuant to MCA (add appropriate subsection).
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of surveyed property)
K. Conditions of approval notifications and certifications.
The following certificate must be required on the conditions of approval sheet:
NOTIFICATIONS AND CERTIFICATIONS
(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the
Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval
and that all conditions of subdivision application have been satisfied.
(I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as
of the date of this certification, and that changes to any land-use restrictions or encumbrances may be
made by amendments to covenants, zoning regulations, easements, or other documents as allowed by
law or by local regulations.
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal,
state, and local plans, policies, regulations, and/or conditions of subdivision approval may limit the use
of the property, including the location, size, and use as shown on the Conditions of Approval sheet or
as otherwise stated. Buyers of property should ensure that they have obtained and reviewed all sheets
of the plat and all documents recorded and filed in conjunction with the plat. Buyers of property are
strongly encouraged to contact the local planning department and become informed of any limitations
on the use of the property prior to closing.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
L. Certificate of completion of non-public improvements.
Where non-public improvements are to be installed prior to final plat approval, the final plat of
subdivision must contain a certificate of completion of non-public improvements. The certificate
must list all completed and accepted improvements, and must read as follows:
CERTIFICATE OF COMPLETION OF NON-PUBLIC IMPROVEMENTS
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-101 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
I, (Name of Subdivider), hereby certify that the following non-public improvements, required to meet the
requirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name
of Subdivision), have been installed in conformance with any approved plans and specifications prepared
in accordance with the standards of Chapter 38 or other City design standards, or have been financially
guaranteed and are included with the subdivision improvements agreement accompanying and recorded
with this plat.
Installed Improvements: (LIST ITEMS EXCLUDING THOSE LISTED BELOW).
Financially Guaranteed Improvements: (LIST ITEMS OR STATE NONE).
I, (Name of Subdivider) hereby warrant said improvements against any and all defects for a period of two
years from the date of acceptance by (Name of Property Owners' Association). Unless specifically listed
in the Certificate of Dedication, the city accepts no responsibility for maintaining the same.
The subdivider hereby grants ownership of all non-public infrastructure improvements to the (Name of
Property Owners' Association) created by Document Number _______ (To be filled in when recorded)
By: (Signature of Subdivider)
Date: _______
M. Certificate of completion of water-related improvements.
When irrigation of public facilities are to be installed prior to final plat approval, the final plat of
subdivision must contain a certificate of completion of water-related improvements. The Director
of Parks must sign on behalf of the city if the improvements are located in a park and the Director
of Transportation and Engineering must sign on behalf of the city if the improvements are located
on other municipal property. If necessary both signatures must be provided. The certificate must list
all completed and accepted improvements, including but not limited to all irrigation system record
drawings, and must read as follows:
CERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS
I, (Name of Subdivider), hereby certify that the following improvements, necessary to meet the
requirements of Chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of (Name
of Subdivision), have been installed in conformance with the approved plans and specifications, or
financially guaranteed and included with the improvements agreement accompanying this plat.
Installed Improvements: (List improvements).
Financially Guaranteed Improvements: (List improvements).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-102 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
The subdivider hereby warrants said improvements against any and all defects for a period of two years
from the date of acceptance by the City of Bozeman.
The subdivider hereby grants ownership of all public infrastructure improvements to the City of Bozeman
and the city hereby accepts ownership of all public infrastructure improvements, subject to the above
indicated warranty.
Signature of Subdivider (Date)_______
Signature, Director of ____________(Date)_______
N. Certificate of governing body.
The city commission's designated agent must certify approval of all plats of subdivision. Said
certificate must read as follows:
CERTIFICATE OF GOVERNING BODY APPROVING PLAT
I, Community Development Director, City of Bozeman, Montana, do hereby certify that the
accompanying plat has been duly examined and has found the same to conform to the law and approves
it.
DATED this _______ day of _______, _______.
(Signature), Community Development Director
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-103 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.760. - APPEALS, DEVIATIONS,
DEPARTURES AND VARIANCE
PROCEDURES
sec. 38.760.010. - Purpose and review authority.
A. This division is adopted:
1. To establish procedures for granting relief from the requirements of this chapter subject to the
standards of this division in order to preserve equitable implementation of the law, prevent special
treatment to particular parties and preserve the various rights established by the state and United
States constitutions of all persons subject to this chapter;
2. To allow for appeals from decisions made approving, approving with conditions or denying
applications for development approval;
3. To provide through appeals of interpretations a procedure for consideration of and resolution of
disputes regarding the meaning and implementation of this chapter;
4. To provide through deviations a procedure for flexibility, as a means to support historic
preservation, in the application of the standards of this chapter in overlay districts as provided for
in this chapter;
5. To provide through departures a procedure for applicants to propose alternative design
treatments provided such departures meet the purpose of the particular standard and any
additional departure criteria set forth;
6. To provide through variances a procedure for relief from the occasional inequities created by the
physical standards of this chapter when such standards create a substantially unequal burden
on a particular parcel of land in a fashion that would otherwise prevent the reasonable use of
property, owing to physical circumstances unique to that parcel;
7. To prohibit the granting of variances that would be contrary to the public interest and endanger
public health, safety and welfare; and
8. To provide a procedure to request reasonable accommodation for individuals and groups seeking
equal access to housing under applicable non-discrimination laws in the application of the
standards of this chapter.
B. The review authority for each action in this division is established by 38.700.010.
sec. 38.760.020. - Meeting and notice requirements.
The community development director must give public notice as required by 38.730 of all public
meetings or public comment periods.
sec. 38.760.030. - Appeals.
A. All appeals follow the requirements of MCA 76-25-503 as expanded upon in this section.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-104 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. Denial of requests for waiver or alteration of applicable regulations is not a decision subject to appeal
of an administrative decision.
C. Filing of appeal. An appeal must be taken by filing with the department of community development
a documented appeal and appeal fee. Upon receipt of the completed appeal the department of
community development must inform the review authority from whom the appeal is being made
of the submission of the appeal. An appeal of the decision of the planning commission to the city
commission is a separate application and subject to separate filing, processing, and fee requirements.
D. Notice of appeal. Once a complete appeal has been filed and date for consideration of the appeal is
set per subsection G below, notice of the appeal must be provided per 38.730. The date, time and
location for the consideration of the appeal before the appellate review authority must be included in
the required notice of the appeal.
E. Scheduling. Upon receipt of a complete appeal application the city will timely schedule consideration
of the appeal taking into account other previously scheduled agenda items.
F. Material. The material to be considered by the review authority is the record of the project review,
including the review authority's decision being appealed, in addition to materials that may be
submitted during the processing and review of the appeal.
G. Procedure of the appeal. At the consideration of the appeal, the following procedure must be
followed:
1. Only arguments and evidence relevant to the application may be presented. The presentation
must be made in the following order, subject to such limitations, in time and scope as may be
imposed at the discretion of the presiding officer:
a. Explanation of the application and nature of the appeal and presentation by administrative
staff;
b. Presentation of position by the appellant and/or representative;
c. If requested, presentation by landowner if landowner is different than the appellant;
d. Presentation by any person who is a proponent or an opponent of the application; and
e. Motion, discussion and vote by the review authority.
2. No person making a presentation may be subject to cross-examination except that members of
the appellate review authority and the city attorney may inquire of presenters for the purpose of
eliciting information and for the purpose of clarifying information presented.
H. Alternative actions available to the appellate body. At the conclusion of the consideration of the
appeal, the review authority may uphold, amend, or overturn the decision being appealed.
I. Standard of review. The review authority reviews an administrative decision de novo.
J. Construction hold. During the time of the appeal all construction must cease and may not
commence unless authorized to do so by the appellate review authority.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-105 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.760.040. - Administrative Deviations.
All requests for deviations in the neighborhood conservation overlay district (NCOD) must be decided
by the review authority established in 38.700.010. Deviations may only be applied for in conjunction
with submittal of a development proposal of a type authorized by 38.740. Standards and criteria for
award of deviations are contained in 38.240.020. A deviation may be granted only in a specific instance
permitting a nonconformity in order to accomplish the specific objectives of 38.240.020.G, and provided
the standards and criteria imposed are met. Deviations must not be granted for relief from procedural
requirements, or to waive or vary the application of an ordinance provision imposing specific safety
requirements, or to waive or vary the application of ordinances or statutes other than this chapter.
sec. 38.760.050. - Departures.
A. Overview and purpose.
This chapter provides for a number of specific departure opportunities to development standards.
The purpose is to provide applicants with the option of proposing alternative design treatments
provided such departures meet the purpose of the particular standard and any additional departure
criteria set forth for the particular departure opportunity.
B. Departures are voluntary.
This provision allows the flexibility for applicants to propose alternative designs on a voluntary basis,
provided they meet the purpose of the standard and applicable departure criteria as noted above.
C. Applicability.
Departure opportunities are available only to those specific standards that allow for departures.
D. Procedures.
Permit applications that include departure requests go through the standard review procedures set
forth in this article depending on the application type.
E. Approval criteria.
Project applicants must successfully demonstrate to the review authority how the proposed
departure meets the purpose(s) of the standard and other departure criteria relevant to the specific
standard.
F. Documentation.
The review authority must document the reasons for approving all departures (to be maintained with
project application records) for the purpose of providing consistency in decision-making by the city.
sec. 38.760.060. - Variances.
A. Application.
A request for one or more variance from land or building form design standards or subdivision design
and improvement standards must be made by filing an application, with appropriate fees, with the
community development department. Submittal must be in conjunction with an application for
development and must be accompanied by the materials described in 38.710.150.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-106 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. Investigation of facts.
The review authority must cause to be made such investigation of facts bearing on the application as
will provide necessary information to ensure that the action on each such application is consistent
with the purpose of this chapter.
C. Criteria for consideration and decision.
In acting on an application for a variance, the review authority must designate such lawful conditions
as will secure substantial protection for the public health, safety and general welfare, and must issue
written decisions setting forth factual evidence that the variance meets the following standards in
that the variance:
1. Is not detrimental to public health, safety, or general welfare; Is necessary due to conditions
peculiar to the property, such as physical surroundings, shape, or topographical conditions;
2. Strict application of the regulations to the property results in an unnecessary hardship to the
owner as compared to others subject to the same regulations and that is not self-imposed.
Hardship does not include difficulties arising from actions, or difficulties otherwise self-imposed,
by the applicant or previous predecessors in interest, or potential for greater financial returns;
3. May not cause a substantial increase in public costs; and
4. May not place the property in nonconformance with any other regulations.
5. In addition to the criteria specified above, in the case of a variance relating to the flood hazard
provisions of article 6:
a. Variances may not be issued for areas within a floodway if any additional increase in flood
elevations or velocities after allowable encroachments into the floodway fringe would result;
b. Variances may only be issued upon:
(1) A determination that the granting of a variance will not result in increased flood hazards,
present additional threats to public safety, be an extraordinary public expense, create
nuisances, cause fraud, victimize the public, or conflict with existing state and local laws;
(2) A determination that the proposed use would be adequately floodproofed as specified in
article 6 of this chapter;
(3) A determination that a reasonable alternate location outside the floodplain is not
available;
(4) A determination that the variance requested is the minimum necessary to afford relief,
considering the flood hazard; and
(5) Approval of the state department of natural resources and conservation, upon request
from the city, prior to formally approving any permit application that is in variance to
these regulations.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-107 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
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 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.).
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.
E. Effective time for decisions; variances void when.
The decision of the review authority is final except as provided in 38.760.030. If a building permit or
land use permit is not obtained for the subject property within one year from the date of the review
authority's decision for site development or construction commenced within the approval period of a
preliminary plat, the variance will be automatically canceled and become null and void. A variance is a
lawful non-conformity. When a site is redeveloped the provisions of 38.790 and 38.550.200 apply.
F. Planned development zone.
Where the standards and requirements of this chapter are proposed to be modified through a
planned development zone, the applicable process is a review of a planned development zone rather
than a variance.
sec. 38.760.070. - Reasonable accommodation.
A. Applicability.
1. A request for reasonable accommodation may be made by the following:
a. Any disabled person, their representative, or any entity, when the application of a requirement
of this chapter acts as a barrier to fair housing opportunities based on their physical or mental
disability or handicap as defined under the applicable non-discrimination laws.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-108 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
b. Any person, their representative, or any entity, when the application of a requirement of this
chapter acts as a barrier to fair housing opportunities based on race, color, religion, sex, creed,
familial status, marital status, age, or national origin, as defined under the applicable non-
discrimination laws, or because of actual or perceived sexual orientation or gender identity.
2. A request for reasonable accommodation may include a modification or exception to the rules,
standards, and practices for the siting, development, and use of housing or housing-related
facilities that would eliminate regulatory barriers and provide equal opportunity to housing of
their choice.
3. A reasonable accommodation is granted to the applicant that needs the accommodation and
does not apply to successors in interest to the site.
4. A reasonable accommodation may be granted in compliance with this chapter without the need
for the approval of a variance.
B. Procedure.
1. Application.
A request for reasonable accommodation must be submitted on an application form provided
by the community development department or in the form of a letter to the community
development director, and must contain the following information:
a. The applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Authorization from the owner of the subject property for the applicant to request the
reasonable accommodation;
d. The current actual use of the property;
e. The basis for the claim as follows:
(1) That the individual or group of individuals is considered physically or mentally disabled
or handicapped under the applicable non-discrimination laws, including identification
and description of the disability or handicap which is the basis for the request for
accommodation and current, written medical certification and description of disability or
handicap and its effects on the person's medical, physical or mental limitations; or
(2) That the individual or group of individuals is a protected class based on race, color,
religion, sex, creed, familial status, marital status, age, or national origin, as defined under
the applicable non-discrimination laws, including identification and description of the
protected class which is the basis of the request for accommodation.
f. The code provision, regulation, procedure and/or policy from which reasonable
accommodation is being requested;
g. The type and extent of reasonable accommodation sought;
h. The reason(s) why the accommodation is reasonable and necessary for the needs of the
individual(s), including a summary of any potential alternatives contained in this chapter
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-109 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
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 then the applicant must file the information required by
subsection 1 of this section for concurrent review of the request for reasonable accommodation
with the application for discretionary approval.
3. Review authority.
a. Community development director.
A request for reasonable accommodation must be reviewed by the community development
director if no approval is sought other than the request for reasonable accommodation. No
fee may be charged for the review of such a request for reasonable accommodation.
b. Other review authority.
A request for reasonable accommodation submitted for concurrent review with another
discretionary land use application must be reviewed by the authority responsible for
the discretionary land use application. No fee in addition to that charged for the other
discretionary land use application may be charged for the review of such a request for
reasonable accommodation.
4. Review.
a. Community development director.
The director must make a written determination within 20 calendar days of the application
being deemed complete and either grant, grant with conditions, or deny a request for
reasonable accommodation. If necessary to reach a determination on the request for
reasonable accommodation, the director may request further information from the applicant
consistent with applicable non-discrimination laws, specifying in detail the information that is
required. In the event that a request for additional information is made, the 20-day period to
issue a decision must be stayed until the applicant responds to the request.
b. Other review authority.
The written determination on whether to grant or deny the request for reasonable
accommodation must be made by the authority responsible for the discretionary land use
application in compliance with the applicable review procedure for the discretionary review.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-110 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
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 38.730.
6. Balancing rights and requirements.
In reviewing applications for requests for reasonable accommodation, the city must balance:
a. The privacy rights and reasonable request of an applicant for confidentiality; with
b. The land use requirements for notice and public hearing, factual findings and rights to appeal,
in the city's requests for information, considering an application, preparing written findings
and maintaining records for a request for reasonable accommodation.
c. Any document identifying the disability or medical condition of any specific person must be
treated as confidential and is subject to disclosure by the city for any reason, including for
compliance with the Open Records Act, unless ordered to do so by a court of competent
jurisdiction and notice is given to the person who provided the document to the city.
Specifically, any medical records regardless of source, including statements of medical
providers, must not be disclosed. For any other type of document, such as an application
or determination, the document may be subject to disclosure, but only after the nature or
description of the person's disability or medical condition is redacted by the city. A statement
regarding the city's handling of information subject to this provision must be printed on
the city's reasonable accommodation application form, posted on the city's website, and
printed at the bottom of any written document issued by the city determining a reasonable
accommodation application.
C. Findings—Other requirements.
1. Findings.
The review authority must approve the application, with or without conditions, if it can make the
following findings:
a. The housing will be used by a disabled person or a person from a protected class;
b. The requested accommodation is necessary to make specific housing available to a disabled
person or a person from a protected class;
c. There are no uses identified in the allowed use table found in 38.300 for which the use
proposed in the request for reasonable accommodation would qualify;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-111 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
d. The requested accommodation would not impose an undue financial or administrative
burden on the city; and
e. The requested accommodation would not require a fundamental alteration in the nature of
the city land use planning and zoning program.
2. Other requirements.
a. An approved request for reasonable accommodation is subject to the applicant's compliance
with all other applicable zoning regulations.
b. A modification approved under this chapter is considered a personal accommodation for the
individual applicant and does not run with the land.
c. Where appropriate, the review authority may condition its approval on any or all of the
following:
(1) Inspection of the property periodically, as specified, to verify compliance with this
section and any conditions of approval;
(2) Removal of the improvements, where removal would not constitute an unreasonable
financial burden, when the need for which the accommodation was granted no longer
exists;
(3) Time limits and/or expiration of the approval if the need for which the accommodation
was granted no longer exists;
(4) Recordation of a deed restriction requiring removal of the accommodating feature once
the need for it no longer exists;
(5) Measures to reduce the impact on surrounding uses;
(6) Measures in consideration of the physical attributes of the property and structures;
(7) Other reasonable accommodations that may provide an equivalent level of benefit
and/or that will result in reduced variation or waiver of otherwise applicable standards
specified for the zone district; and
(8) Other conditions necessary to protect the public health, safety and welfare.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-112 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.770. - TEXT AND ZONING MAP
AMENDMENTS
sec. 38.770.010. - Initiation of amendments.
A. The city commission may, from time to time, amend this chapter. An amendment may be initiated
by the city commission upon a vote of a majority of its members, on petition of at least 15% of the
electors of the local government jurisdiction to which the regulations apply, as registered at the last
general election, or upon petition from an owner of property within the city.
B. Whenever any person or entity allowed to initiate an amendment desires a change in regulations,
they may file with the community development department, on forms provided by the city for this
purpose, an application duly signed and notarized by that person or authorized representative of that
entity requesting an amendment or change of regulations.
1. When the application initiated by an owner of property, bearing the property owners' signature, is
filed with the department it must contain or be accompanied by:
a. All the data and information pertinent to the understanding and judgment of the proposal, as
may be prescribed by the commission for that purpose so as to ensure the fullest practicable
presentation of facts for the permanent record; and
b. A notarized statement by at least one of the owners of property within the area subject to
the proposed changes attesting to the truth and correctness of all facts and information
presented with the petition.
C. A land owner or group of landowners may a request to change zoning district including on property
which they do not own, such as a request to establish a different zoning classification for a block or
other group of properties, by filing with the community development department on forms provided
by the city for this purpose an application duly signed by the owners of no less than 51 % of either the
area of lots or number of lots of the affected property requesting an amendment for such property.
When the application, bearing property owners' signatures, is filed with the department it must
contain or be accompanied by:
1. All the data and information pertinent to the understanding and judgment of the proposal, as
may be prescribed by the commission for that purpose so as to ensure the fullest practicable
presentation of facts for the permanent record; and
2. A notarized statement by at least one of the owners of property within the area proposed to be
changed attesting to the truth and correctness of all facts and information presented with the
petition.
D. An application containing less than the required number of signatures is incomplete and invalid and
will not be processed.
E. Should the applicant choose not to provide required information after an application has been found
insufficient, the city may proceed with review of the application. Lack of sufficient application is an
adequate basis for denial of the application regardless of other merit of the application.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-113 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
F. Application termination. If an applicant does not provide the required information in response to
written notice of insufficiency for a period of 180 days, the city may deem the application withdrawn
and close the application. This period may be extended by the community development director
upon written request by the applicant before the 180 days has lapsed.
G. Should an applicant choose not to provide required information after an application has been found
insufficient, the city may proceed with review of the application. Lack of sufficient application is an
adequate basis for denial of the application regardless of other merit of the application.
sec. 38.770.020. - Amendments; investigation requirements.
A. Upon initiation of an amendment, the city must cause to be made an investigation of facts bearing
on the amendment. The purpose of the investigation is to provide the necessary information to
ensure that the decision on an amendment is consistent with the requirements of the Montana
Land Use Planning Act. The city must evaluate the criteria of MCA 76-25-304(2) when considering
amendments affecting zoning.
B. The city must evaluate the criteria of MCA 76-25-403(2) when considering amendments affecting the
subdivision review process and standards applicable only to subdivisions.
C. The city commission must consider the recommendation of the planning commission and staff
regarding the consistency of the proposed amendment with the zoning or subdivision purposes
established in the Montana Land Use Planning Act
D. The governing body may not adopt or amend a zoning regulation, zoning map amendment, or
subdivision regulation unless the governing body finds that:
1. The regulation or map amendment is in substantial compliance with the land use plan; and
2. The impacts resulting from development in substantial compliance with the proposed zoning
or subdivision regulation or amendment to the zoning map have been made available for public
review and comment and have been fully considered by the governing body.
3. Determine whether the proposed zoning or subdivision regulation or amendment to the zoning
map results in new or increased impacts to or from local facilities, services, natural resources,
natural environment, or natural hazards from those previously described and analyzed in the
assessment conducted for the land use plan.
4. A subdivision regulation is in substantial compliance with the zoning regulations.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-114 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.770.030. - Public hearing procedures and requirements.
A. The city commission and planning commission must hold one or more public hearings on the
matters referred to in such initiation or petition at which parties in interest and the public must have
an opportunity to be heard. Notice of public hearings is required per 38.230. At the hearings, the city
commission and planning commission must determine whether or not there are additional or new
impacts not previously analyzed through the city’s land use plan per the Montana Land Use Planning
Act.
B. Any text amendment must be considered at public hearing(s) before the city commission, after
receiving a recommendation from the planning commission. The planning commission must hold
public hearing(s) on the amendment prior to making their recommendation.
C. Recommendations to the city commission and other official actions by the planning commission will
only be official if made by at least a majority of a quorum of the body.
D. The City Commission may approve, deny, or modify before approval a proposed amendment.
E. If the city commission intends to adopt a zoning designation different than that applied for, the
hearing must be continued for a minimum of two weeks to enable all parties to consider potential
impacts of the different zoning designation.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-115 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.780. - IMPROVEMENTS AND
SECURITIES
sec. 38.780.010. - Purpose and applicability.
A. This division provides standards and procedures relating to the installation of physical improvements
and compliance with requirements related to development. As these improvements are necessary
to meet requirements of the law and to protect public health, safety and general welfare and
other purposes of this chapter it is also necessary to provide means by which their installation
can be ensured. Such improvements may include, but are not limited to, design elements such as
landscaping or architectural features; and infrastructure, such as parking facilities, storm drainage
facilities, pedestrian walkways, irrigation, and public utilities. Furthermore, in some situations it is
in the best interest of the person conducting development to be able to provide security for the
completion of certain work and be able to begin utilization of a development sooner than would
otherwise be possible if all improvements had to be physically installed before use could begin. This
article therefore protects the public health, safety, and welfare and sources of public funding by:
1. Ensuring completion of required improvements or compliance with other requirements of
development to an acceptable standard as required in Montana law or these regulations;
2. Providing a buyer or lessee protection while allowing a person undertaking development to
proceed with sales or leases before the project is totally complete, especially for multi-phased
projects;
3. Ensuring adequate warranty or maintenance, when appropriate, of improvements;
4. Providing for mechanisms to ensure performance of or conformance with conditions of approval
or development requirements; and
5. Accomplishing the purposes listed in this subsection A through mechanisms that reduce the need
to rely on costly litigation to accomplish those purposes.
B. This division applies to all subdivisions and site developments as follows:
1. Subdivisions must install or provide security for installation of improvements prior to final plat as
set forth in this article.
2. Site developments, including all developments that are not subdivisions, must install
improvements or provide security for installation prior to routing for final occupancy review or as
set forth in this article.
3. The city may determine the nature and timing of required installation of improvements as part of
the subdivision or site development process. When necessary to protect the health, safety, and
general welfare of the public, and ensure the function and viability of development, installation of
certain improvements may not be allowed to be delayed and must be installed before use of the
property or sale of the property.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-116 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.780.020. - Standards for improvements.
A. General.
The developer must comply with the following procedures and standards for the installation of
development improvements, including parks.
1. Construction routes.
For all developments, a construction route map must be provided showing how materials and
heavy equipment will travel to and from the site. The route must avoid, where possible, local or
collector streets or streets where construction traffic would disrupt neighborhood residential
character or pose a threat to public health and safety.
2. Protection of existing improvements.
The developer, and the developer's contractors and suppliers are jointly and severally responsible
to ensure that existing improvements are not damaged or rendered less useful by the operation
of the developer, and the developer's contractors or suppliers. Such protection of improvements
may include requirements for cleaning of vehicles leaving a construction site. This provision
is intended to preclude damage to existing roads, streets, water, landscape, irrigation, sewer
and drainage systems. The city may instruct the developer as to the streets or roads to be used
for access by construction equipment, and the developer must require the same from the
developer's contractors and their suppliers. The city may require the developer to post a security
to guarantee repair of damages.
B. Improvements to be dedicated to the public.
1. Plans and specifications.
Engineering and survey plans, specifications and reports required in connection with public
improvements and other elements of the subdivision, or other development required by the city,
must be prepared by a registered engineer or a registered land surveyor as applicable, licensed
in the state of Montana, as their respective licensing laws allow. The plans and specifications
must be prepared in compliance with the City of Bozeman Design and Construction Standards,
park design standards, the most recent version of the City of Bozeman Landscape and Irrigation
Performance and Design Standards Manual, and other regulations and policies, as applicable.
Plans and specifications for non-engineering improvements must be prepared by a person
whose qualifications are acceptable to the city department with responsibility for that type of
improvements. Plans and specifications for non-engineering improvements must be prepared
in compliance with any applicable adopted requirements of the City of Bozeman Design and
Construction Standards.
2. Scope of work.
The purpose of these regulations is to provide standards by which the contractor and the
developer must execute their respective responsibilities and guarantee proper construction and
completion in every detail of the work in accordance with the plans, specifications and terms set
forth under these regulations.
a. The developer must furnish the plans, specifications and typical sections for approval by the
city.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-117 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
b. The city may make or cause to be made any reasonable changes, alterations, amendments
and additions to the standard specifications for infrastructure or park improvements.
c. The city may require all work to be done to support the subdivision or site development,
including off-site improvements.
3. Control of work.
During the course of construction, and at the completion of each phase of a project, the
developer's registered civil engineer, or other person acceptable to the city, must submit a
statement that the improvements have been inspected and constructed in accordance with the
approved plans and specifications. Prior to making any changes, the developer's engineer must
notify and receive written approval or disapproval from the city for any changes in approved plans
and specifications.
4. Improvement procedure.
a. Approval of the improvement plans and specifications must be completed before installation
of improvements or entering into an agreement where security is to be provided for the
completion of the improvements.
b. The procedure for submittal, review, and approval of improvement plans and specifications is
contained in the City of Bozeman Design and Construction Standards, and must be followed
by the developer and the developer's contractors. All plans and specifications related to
park and public trail improvements must be submitted to the parks division for review and
approval. All plans and specifications related to landscaping and irrigation must conform to
requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
c. After the preliminary plat has received approval or conditional approval, and before the final
plat is submitted, the developer must either install the required improvements or enter into an
agreement with the city securing the installation and performance of the improvements.
d. After a final site plan is approved, subject to 38.780.030, and prior to final routing review for
the occupancy of any buildings, the developer must either install the required improvements
or enter into an agreement with the city securing the installation and performance of the
improvements.
5. Sanitary facilities.
Water supply, sewage disposal and solid waste disposal systems must meet the minimum
standards of the city and the Montana Department of Environmental Quality as required by MCA
76-4-101 through 76-4-135, and regulations adopted pursuant thereto, and are subject to the
approval of the city.
C. Private improvements.
Improvements must be constructed as shown on the approved final site plan, final plat, or plans
and specifications, as applicable. The developer is responsible for coordinating installation with
all necessary parties and to restore to its original condition any public improvements, private
improvements, or property damaged during installation of improvements.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-118 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.780.030. - Completion of improvements.
A. General.
The applicant must provide certification by the architect, landscape architect, engineer or other
applicable professional that all improvements to be dedicated to the public were installed in
accordance with the approved site plan, plans and specifications, or plat as applicable. For required
private improvements, the applicant must provide certification by the architect, landscape architect,
engineer or other applicable professional that all improvements, including, but not limited to,
landscaping, irrigation, ADA accessibility requirements, private infrastructure, and other required
elements were installed in accordance with the approved site plan, plans and specifications, or plat as
applicable, unless a waiver of certification in whole or part is explicitly approved by the DRC.
1. Improvements to be dedicated to the public.
Improvements to be dedicated to the public, such as water mains, sewer mains, parkland and
related improvements, landscape, irrigation, and public streets, must be:
a. Installed by the developer, or when authorized by the city secured per 38.780.060 and
38.780.080, in accordance with the approved plans and specifications;
b. Certified by a registered professional civil engineer, licensed in the State of Montana, or other
appropriate professional acceptable to the city;
c. Accepted by the cituy prior to the approval of the final plat, building permit, final routing
for the review of the issuance of a cerficate of occupancy other identified benchmark as
appropriate.
d. Provided with city ownership of water rights beneficially used for irrigation of the dedicated
parkland.
2. Record drawings.
a. Record drawings and project certification complying with the City of Bozeman Design and
Construction Standards, including timing for submittal of materials, must be provided by a
civil engineer licensed in the State of Montana or other appropriate professional acceptable to
the city prior to final plat approval for subdivisions, final routing for occupancy, or release of
security associated with the improvements to be dedicated to the public.
b. Record drawings complying with the City of Bozeman Design and Construction Standards,
including timing for submittal of materials, must be provided prior to final plat approval
for subdivisions, final routing for occupancy, or release of security associated with the
improvements to be dedicated to the public.
(1) Public street or road improvements must be developed to adopted city standards.
3. Public right-of-way lighting.
Lighting, as required in 38.560 must be incorporated into all development. Prior to final plat
approval, lighting must be installed or secured. If the lighting is secured, it must be considered
as part of the required street improvements and building permits must not be issued until the
improvements are installed, except when concurrent construction is an identified purpose of
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-119 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
the initial project review and approved pursuant to the criteria established in subsection D of this
section.
4. Private improvements and other required improvements.
Improvements, including, but not limited to, private parks or open space, landscaping, paving, and
irrigation must be installed in accordance with the approved preliminary plat or site plan by the
developer and inspected and found to comply with the city standards and requirements prior to
the approval of the final plat, routing for final occupancy review, or other identified benchmarks
as appropriate. All improvements required as part of a subdivision must be installed and accepted,
or secured in accordance with an improvements agreement, prior to final plat approval.
B. Completion time for subdivisions.
1. Improvements.
All subdivision improvements, including parks, must be constructed and completed as approved
by the city.
a. All public infrastructure improvements must be installed prior to the issuance of a building
permit for any lot within a subdivision, except when concurrent construction of public
infrastructure and private building improvements is an identified purpose of the initial project
review and approved pursuant to the criteria established in subsection D below.
b. The subdivider must meet the requirements of either subsection (1) or (2) for completion
of street improvements. The option must be specified in the preliminary plat submittal.
Should the applicant not identify which option is desired, the option presented in subsection
B.1.b.(1) of this section must be required. Altering the choice of option after approval of the
development constitutes a material modification to the project and requires re-review of the
project for modification to the approval subject to the provisions of 38.100.070.
(1) The subdivision public infrastructure improvements must be installed prior to final plat
approval. This requirement may be modified by the review authority where dictated by
circumstances, such as cold weather conditions that do not permit paving or installation
of landscape plantings, and where acceptable security for the ultimate development of
the public infrastructure is provided; or
(2) The subdivider must enter into an improvements agreement guaranteeing the
completion of the paving, curb, gutter, storm drainage, street lighting, sidewalks, required
boulevard landscape and irrigation, or other street infrastructure improvements not
yet completed. The improvements agreement must provide security, as explained
in this division. However, at a minimum, the plans and specifications for the street
improvements must be approved by the review authority prior to final plat approval.
Building permits will not be issued until the street improvements are completed and
accepted by the city, except when concurrent construction is an identified purpose of
the initial project review and approved pursuant to the criteria established in subsection
D of this section.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-120 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
C. Completion time for site development.
Whenever any building lots or building sites are created inside the city limits, municipal water
distribution systems, municipal sanitary sewer collection systems, streets, and stormwater collection,
treatment, and detention or retention systems must be provided to the lot or site. Each building site
must utilize and be connected to both the municipal water distribution and municipal sanitary sewer
collection systems. Subject to the provisions of subsection 1. below, these improvements must be
designed, constructed, and installed according to the standards and criteria as adopted by the city
and approved by the review authority prior to the issuance of any building permits, except when
concurrent construction is an identified purpose of the initial project review and approved pursuant
to the criteria established in subsection D below.
1. Provision of municipal central water distribution, municipal sanitary sewer collection systems,
streets, and stormwater systems means that the criteria in either a. or b. below are met as follows:
a. Water, sewer, stormwater, and street services are installed and accepted by the city with
service stubs being extended into the site, with such stubs being of adequate size to provide
water and sewer service to the proposed development without modification to publicly
owned infrastructure; or
b. The water mains, sewer mains, stormwater system, and streets to be extended to provide
service to the development are located within a publicly dedicated right-of-way or easement;
will be constructed to city standards; are physically adjacent to the site proposed for
construction; will be installed and are subject to acceptance by the city; and will be adequate
in capacity to provide necessary service to the proposed development; and
c. Water mains, sewer mains, stormwater system, and streets must meet all of the following
requirements:
(1) Any required on-site or off-site extensions of water mains, sewer mains, stormwater
system, or streets to be dedicated to the public: must be located entirely within
publicly held easements or rights-of-way; must serve only a single lot; are the subject
of an irrevocable offer of dedication to the city upon completion of the project; the
development is under the control of a single developer who must retain control of the
entire project until final completion; all work is under the supervision of a single general
contractor; and no subdivision of land is involved;
(2) The DRC must determine when the standards of this subsection C.1 are met. The fire
department must consider whether adequate fire protection services are available
from existing hydrants, and water supply exists to meet needs during construction. If
adequate fire protection does not exist then concurrent infrastructure and development
construction may not occur. Based on evaluation by the fire department, simultaneous
construction of infrastructure to be dedicated to the public and private development
construction may be permitted only within a defined portion of the site;
(3) Approval of the final engineering design, including location and grade, for the
infrastructure project must be obtained from the engineering department, and the
Montana Department of Transportation when applicable, and Montana Department of
Environmental Quality when applicable, prior to issuance of any building permit for the
development; and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-121 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
(4) A final occupancy review must not be completed until all on-site and off-site water,
sewer, stormwater, and street improvements necessary to serve the site are installed and
accepted or approved as applicable by the city.
D. Exception for concurrent construction.
In certain circumstances, the issuance of a building permit may be allowed prior to completion of the
public infrastructure, provided that the following criteria are met, where applicable:
1. The city will have an opportunity to review and approve future proposed development through a
site plan review or development is using the incentives of 38.340.030;
2. The property owner must enter into an improvements agreement to ensure the installation of
required infrastructure and other applicable improvements, to be secured by any security or
securities found in 38.780.080. If a financial security is used, the amount will be determined by
the city and in an amount not less than 150 % of the cost of the improvements verified against
city publicly bid unit prices, where such are available. If no publicly bid unit prices are available,
an alternate cost estimate acceptable to the city may be used at the City’s sole discretion. The
security must be in the name of the city and must be at least six months longer than the time of
performance required by the improvements agreement;
3. Improvements must be complete within two years of the date of the improvements agreement;
4. Approval of:
a. The final engineering design, including location and grade, for any public infrastructure,
except parks, must be obtained from the engineering department, Montana Department of
Transportation when applicable, and the Montana Department of Environmental Quality when
applicable, prior to issuance of any building permit for the development; and
b. Final park plan and any associated infrastructure design for parks must be obtained from the
parks department prior to issuance of any building permit for the development;
5. Building permits may be issued incrementally, dependent upon the status of installation of the
infrastructure improvements. All building construction within the development must cease until
required phases of infrastructure improvements as described in the improvements agreement
have been completed, and inspected and accepted by the city;
6. The developer must provide and maintain hazard and commercial general liability insurance.
Insurance policies must not be canceled without at least 45 days prior notice to the city. The
commercial general liability policy must name the city as an additional insured. The developer
must furnish evidence, satisfactory to the city, of all such policies and the effective dates thereof;
7. The developer must recognize, acknowledge and assume the increased risk of loss because
certain public services do not exist at the site;
8. If public funds or other third party funding will be used to fund all or part of the installation of
infrastructure, the improvements agreement between the developer and the city must identify the
type or types of predetermined infrastructure funding. Public or third party funding may include,
but is not limited to reimbursement, payment up front, creation of a special improvements district,
or grants;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-122 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
9. No occupancy of any structures or commencement of any use constructed or proposed within
the boundaries of the development will be allowed until required infrastructure improvements
have been completed, inspected, and accepted by the city, city ownership of water rights used to
irrigate public parkland is obtained, and a final occupancy review has been completed;
a. No occupancy of structures or commencement of any use is allowed when such action
would constitute a safety hazard in the opinion of the city;
10. The developer must enter into an agreement with the city to address the provision of any services
on an interim basis during construction, if deemed appropriate;
11. The developer must execute a hold harmless and indemnification agreement indemnifying,
defending and holding harmless the city, its employees, agents and assigns from and against any
and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising
out of the issuance of a building permit under this section;
12. The developer must pay for any extraordinary costs associated with the project which the
city may identify, including, but not limited to, additional staff hours to oversee the planning,
engineering and construction of the project and infrastructure improvements, inspection of the
infrastructure improvements and any extraordinary administrative costs;
13. The development must be under the control of a single developer and all work must be under
the supervision of a single general contractor. The developer and general contractor must agree
that there must be no third-party builders until required infrastructure improvements have been
completed, and inspected and accepted by the city; and
14. Subsequent to preliminary plat or plan approval, a concurrent construction plan, addressing
all requirements of this section, must be submitted for review and approval of the community
development director in consultation with the city engineer and with a recommendation from the
development review committee.
E. Limitations.
Notwithstanding the provisions of subsection D of this section, the city may limit the scope, type and
number of projects eligible for concurrent construction consideration.
sec. 38.780.040. - Special provisions for timing of certain improvements.
A. Park, pathway, and boulevard improvements.
1. These required improvements must be installed, or subject to an approved improvements
agreement and financially secured, prior to final plat approval or prior to routing for final
occupancy review subject to development review, excluding sketch plans.
2. Due to seasonal considerations, building permits may be issued and final occupancy reviews
may be completed prior to installation of these improvements as long as the improvements are
subject to an approved improvements agreement and are financially secured.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-123 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
B. Community focal point improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
neighborhood center improvements must be installed, or subject to an approved improvements
agreement and financially secured, prior to final plat approval.
2. Due to seasonal considerations, building permits may be issued and final occupancy reviews may
be completed prior to installation of improvements related to greens, plazas and squares as long
as the improvements are subject to an approved improvements agreement and are financially
secured.
sec. 38.780.050. - Acceptance of improvements.
A. Improvements dedicated to the public.
1. Acceptance of street, road, and bridge improvements.
Before any subdivision street, whether new or existing, can be accepted into the city street
system by the city, it must be built to meet or exceed the required standards. Any improvements
made to county roads must meet or exceed standards set by the county road office, and must be
reviewed and approved by the county road office. Any bridge improvement, within the city or the
county, must meet or exceed standards set by the Montana Department of Transportation and
county road office, and must be reviewed and approved by the county road office and the city,
and accepted by the county road office into the county's bridge maintenance system.
2. Acceptance of park, water, sewer, storm drainage, landscape and irrigation improvements.
Before any public park, water, sewer, storm drainage, and landscape and irrigation improvement,
whether new or existing, can be accepted into the city system by the city, it must be built to
meet or exceed the required standards. Any improvement must meet or exceed standards set by
the city, Montana Department of Environmental Quality, and county road office, as appropriate.
Improvements must be reviewed and approved by the city and other agency, as applicable.
3. Record drawings.
Record drawings and project certification that all public infrastructure improvements comply
with the City of Bozeman Design and Construction Standards must be provided by a civil
engineer licensed in the State of Montana and must be submitted prior to final plat approval for
subdivisions, per section 24.183.1107(5)(f), ARM as may be amended, or prior to routing for final
occupancy review for site development, or other identified benchmark as appropriate.
4. The city may require verification that all liens have been released and payments made prior to
accepting dedication of improvements.
B. Private improvements.
The city or its agent must conduct an "as-built" inspection to verify compliance and must approve
final routing for occupancy review, final plat, or other conclusory action if all terms and details of the
approval are in compliance. Except as provided in 38.780.060, no final plat approval can be permitted,
or approval for final routing for occupancy review, unless the terms and details of an approved plat or
site development or sketch plan are met. Prior to routing for final occupancy review, the developer
must certify the completion of the improvements as required in 38.780.030.A.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-124 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
sec. 38.780.060. - Improvements agreements.
A. Improvements agreement required.
All improvements necessary or required to meet the standards of this chapter or conditions of
approval must be the subject of an improvements agreement and be secured if final plat approval,
approval for final routing for occupancy review, or other use of an approved development is allowed
before the improvements are completed and inspected by the city.
1. Reservation.
The city reserves the right to deny the use of an improvements agreement when such
improvements are necessary to provide for health, safety and welfare or adequate function of
systems or on-site development.
B. When required.
1. When occupancy of a development subject to zoning review will commence prior to completion
of all required site improvements; or
2. Subject to subsection A.1, when a subdivision is to be granted final plat approval prior to the
completion of all required improvements, the applicant must enter into an improvements
agreement with the city.
3. At the discretion of the community development director, certain projects receiving a certificate
of appropriateness may be required to enter into an improvements agreement with the city at the
time of final approval of the certificate of appropriateness.
C. Staging of installation; security.
If an improvements agreement is used to guarantee the completion of required improvements,
including infrastructure, it may allow for the staged installation of improvements in defined areas
and in accordance with an approved time schedule. At the city's discretion, the improvements in
a prior increment may be required to be completed or payment or security provided for costs of
the improvements incurred in a prior increment must be satisfied before development of future
increments.
1. Subdivision.
If an improvements agreement is used with a final subdivision plat to secure infrastructure
improvements, a separate document must be filed with the clerk and recorder with the final plat
that clearly states that building permits will not be issued until all water, sewer, storm drainage
infrastructure, and streets are installed and accepted by the city. This requirement may be
modified by the city for streets where dictated by circumstances, and where acceptable security
for the ultimate development of the streets is provided. However, under no circumstances must
the required gravel courses, curbs, gutters, or sidewalks be waived. No building permits will be
issued for a subdivision within the city until all required water, sewer, storm drainage, required
street lighting, and street gravel courses are installed and accepted, except when concurrent
construction is an identified purpose of the initial project review and approved pursuant to the
criteria established in 38.780.030.D.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-125 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
2. Site development.
If an improvements agreement is used with a site development to secure infrastructure
improvements, a separate document must be filed with the clerk and recorder that clearly states
that final occupancy review will not be completed until all water, sewer, stormwater systems
and streets are installed and accepted by the city. This requirement may be modified by the city
for streets where dictated by circumstances, and where acceptable security for the ultimate
development of the required infrastructure is provided. However, under no circumstances can
the required gravel courses, curbs, gutters, or sidewalks be waived. No building permit will be
issued for a site development until all required water, sewer, storm drainage, required street
lighting and street gravel courses are installed and accepted by the city, except when concurrent
construction is an identified purpose of the initial project review and approved pursuant to the
criteria established in 38.780.030.D.
D. Standards for improvements agreements.
1. All agreements.
All improvements agreements must meet the following standards:
a. The agreement and security must be satisfactory to the city attorney as to form and manner
of execution;
b. Detailed cost estimates and construction plans of all required on-site and off-site
improvements must be made a part of the agreement;
c. Provide for security in the amount equal to 150 % of the estimated cost of the improvements
verified against city publicly bid unit prices, where such are available. If no publicly bid unit
prices are available, any cost estimate acceptable to the city may be used;
d. The term for the security referenced in subsection C.1.c above must be at least six months
longer than the time of performance required by the improvements agreement;
e. The agreement must provide for the city to claim the security by certifying that the developer
is in default of the performance to be secured;
f. Requests for partial release of security must only be in amounts such that the security will
always equal 150 % of the value of the remaining uncompleted work, and such that not more
than 90 % of the security is released prior to completion of all improvements. The city may
take into account the location and scope of development phases in evaluating requests to
reduce the amount of a financial security. The city may require verification that all liens have
been released and payments made prior to releasing a portion of the security;
g. Provide for the city to require a replacement security in the event the issuer of the security
becomes insolvent, enters receivership, or otherwise gives cause for the city to lack
confidence in the ability of the issuer to honor the security;
h. Permit the city, in the event of default by the developer, to include in the costs to be
recovered from the security those costs resulting from the need to call in the security,
including but not limited to costs for the city attorney's time;
i. The financial security must be held in the possession of the city; and
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-126 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
j. Provide for the city to obtain ownership in any water rights used to irrigate public park prior to
the release of security.
2. Subdivisions.
Improvements agreements for subdivisions must meet the following standards in addition to
those listed in subsection C.1 above:
a. The length of time of the agreement must not exceed one year from the date of final plat
approval unless explicitly included as a term of the agreement and the security remains in
force. The agreement must stipulate the time schedule the subdivider proposes and the city
accepts for completing the required improvements;
b. The estimated cost of improvements must be provided by the subdivider's professional
engineer and be consistent with publicly bid unit pricing, where such are available. If no
publicly bid unit prices are available, any cost estimate acceptable to the city may be used.
The city engineer has the discretion to require a second estimate of the cost of improvements,
with the cost of obtaining the second estimate borne by the subdivider. The agreement must
stipulate which type of security arrangements will be used; and
c. Security for improvements for internal subdivision streets, water, storm drainage and
sewer mains, or other internal or external improvements must be reduced only upon
recommendation of the city department with responsibility for the type of infrastructure that
has been guaranteed.
3. Site development.
Improvements agreements for developments other than subdivisions must meet the following
standards in addition to those listed in subsection C.1 above:
a. If final routing for occupancy or commencement of the use is to occur prior to installation
of the required improvements, the installation of those improvements must be secured in
conformance with the requirements of this division;
b. All secured improvements must be completed by the developer within nine months of
occupancy or the security must be forfeited to the city for the purpose of installing or
contracting for the installation of the required improvements;
c. At the community development director's discretion, a developer may be permitted to extend
the manner of security, in general for a period not to exceed one additional year. Factors
including, but not limited to, progress of installation achieved to date and phasing of projects
may be considered;
d. The city must determine which, if any, of the required improvements must be installed prior to
final routing for occupancy, regardless of the use of an improvements agreement and security.
Such determination must be based on a finding that unsafe or hazardous conditions will be
created or perpetuated without the installation of certain improvements or that the property
will have an unacceptable adverse impact on adjoining properties until such improvements
are installed;
(1) Items include, but are not limited to walkways and signage necessary for ADA
compliance, parking surfaces adequate to meet the needs of the uses to be conducted
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-127 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
during the term of the improvements agreement, or matters related to life safety are
required to be installed prior to routing for occupancy; and
e. When all provisions are met for final routing for occupancy of a facility or commencement of
a use prior to the installation of all improvements, and adequate security has been provided in
accordance with the terms of an improvements agreement, the building official may issue a
certificate of occupancy.
E. Notwithstanding the provisions of this section, the city may limit the scope, type and number of
improvements eligible for being secured by an improvements agreement and require installation
prior to final plat approval, issuance of building permits, final routing for occupancy, or other similary
actions.
F. The community development director must sign improvements agreements on behalf of the city.
G. When an improvements agreement is used to allow the filing of a final plat prior to the completion
of infrastructure, a notice of improvements agreement must be recorded along with the plat which
indicates that certain infrastructure work is still not complete and identifying that work. When the
work has been completed and is accepted by the city as complete, including if applicable the city
obtaining ownership in any water rights used to irrigate city park, the city must record a notice of
completion stating that the work that was the subject of the improvements agreement is complete.
sec. 38.780.070. - Payment for extension of capital facilities.
A. The city may require a subdivider or other site developer to mitigate the impacts of subdivision or site
development by the extension of existing capital facilities or the construction of new capital facilities.
The review authority, established in 38.700.010, may determine that the payment or the guarantee
of payment for the construction of capital facilities are appropriate measures to coordinate with the
city's planned capital facility improvements and to ensure public health, safety and welfare. Payment
to the city of cash-in-lieu of constructing capital facilities by a subdivider or other site developer
is a mechanism for meeting regulatory requirements and mitigating subdivision and other site
development impacts. Should the review authority approve a request to pay cash-in-lieu, a subdivider
or other site developer is not required to obtain a variance from the requirement that such facilities
be constructed prior to development approval. The review authority, in its sole discretion, must
determine the appropriate mitigation for any subdivision or site development impacts.
B. The city may require a subdivider or other site developer to pay or guarantee payment for part or all
of the costs of extending capital facilities related to public health and safety, including but not limited
to public roads or streets, sewer mains, water supply mains, and stormwater facilities for a subdivision
or other site development. The costs must reasonably reflect the expected impacts directly
attributable to the subdivision or other site development. The city may not require a subdivider
or other site developer to pay or guarantee payment for part or all of the costs of constructing or
extending capital facilities related to education.
C. The review authority may accept direct payment of cash-in-lieu of public street, water, sewer, and
stormwater capital facilities required by this code. For process and standards for payment for park
mitigation see 38.420.030. A request to meet the terms of chapters 38 and 40 by payment of cash-
in-lieu must be submitted by an applicant prior to a determination of adequacy or any advisory
body recommendation during review of a development application. The city may choose to require
payment of cash rather than require the construction of capital facilities as determined by the review
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-128 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
authority. A request received after determination of adequacy or advisory body recommendation is a
material modification to the application and requires re-review and determination of adequacy.
1. The review authority, established in 38.700.010, must evaluate proposals of cash-in-lieu of capital
facilities and make a decision to approve, approve with conditions or deny such requests. In
evaluating a request to pay cash-in-lieu, the review authority must consider the following criteria:
a. Whether there is a danger to public health and safety of accepting cash-in-lieu rather than
constructing the capital facilities;
b. Whether the work described in the proposal is part of a project scheduled for
commencement of construction on the most recently adopted capital improvement plan no
later than three years from the date of submittal;
c. Whether a public works project is pending that would substantially damage the work
otherwise required to be constructed;
d. Whether the installation of the otherwise required capital facilities would be disruptive to
planned public improvements;
e. Whether the city has made a determination of the reasonableness of the cost estimate of the
work; and
f. Whether the payment would enable a more efficient installation of required capital facilities.
2. The request to pay cash-in-lieu of capital facilities and the findings of the review authority must
be considered in any final action to approve, approve with conditions, or deny a development
application.
3. All cash paid in-lieu must be held by the city in a fund dedicated to the work for which the monies
are paid.
4. As a condition of accepting cash-in-lieu, the city may require the property owner to execute a
waiver of right to protest creation of a special improvement district, or other legal instrument,
assuring participation, on a fair share, proportionate basis, in future capital facility improvements
in the vicinity of the development proposal.
5. The city manager may adopt procedures by administrative order to implement this section.
6. The cash paid must include all component costs of the work deferred including but not limited
to design, permitting, traffic management, construction, and record drawings. The cash paid
must include a contingency amount to offset the uncertainty of cost estimating and potential
escalation of costs.
7. Issuance of a refund is a material modification of a development per 38.100.070. Refunds of cash
paid in-lieu are not available if:
a. A final plat which relied upon cash-in-lieu of facilities has been recorded;
b. If building permits for a non-subdivision development have been issued; or
c. If the city has published an invitation to bid on work which relies upon the paid cash for
project funding.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-129 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
D. Payback. A developer may install infrastructure which has more than incidental excess capacity
which benefits future development. The city may provide a mechanism to allow a developer to be
reimbursed by subsequent development for excess capacity. Developers that receive impact fees for
excess capacity will not also be eligible for a payback district for the same capacity expansion. The
city is not obligated to establish a payback. The city manager may establish by administrative order a
process administrator and procedures for:
1. Application for payback;
2. Establishment of infrastructure and costs to which payback applies;
3. Area to which a payback applies;
4. Duration or extent for which a payback applies;
5. Conditions which terminate a payback; and
6. All procedural steps, including public notice and comment, necessary to establish, administer, and
document a payback.
sec. 38.780.080. - Types of acceptable securities.
A. Financial securities.
A variety of means of providing for the security of improvements agreements, ensuring adequate
maintenance of required improvements and ensuring compliance with conditions of approval for
various developments may be allowed. One or more of the following instruments may be used to
provide a financial security for improvements to be completed. The method, terms, and amount of
security must be acceptable to the city. Financial security is the primary method to provide security
for installation of physical improvements.
1. Direct payment of cash to the city;
2. Cash escrows held by the city, or held by an approved escrow agent and subject to an executed
escrow agreement;
3. Irrevocable letters of credit satisfactory to the city attorney as to form and manner of execution;
or
4. Completion bonds satisfactory to the city attorney as to form and manner of execution.
B. Nonfinancial securities.
In addition to the possible financial securities listed above, the following nonfinancial securities
may be used to ensure compliance with conditions of approval, ensure maintenance of required
improvements and coordinate timing of development. When deemed appropriate, the city may use
nonfinancial security methods in combination with a financial security method.
1. Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases prohibited from receiving
approval until prior approved phases have complied with all requirements;
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-130 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
3. Formation of a special improvement or maintenance district. This method must not be
considered completed until after all final actions have occurred and the district is in existence and
the bonds sold;
4. Establishment of a property owners' association with duties to maintain certain improvements
that must be enforceable by the city;
5. Irrevocable offer of dedication of improvements to be dedicated to the public after completion of
the project; and
6. Recording of a special restrictive covenant or deed restriction which may only be released by
written agreement of the city.
sec. 38.780.090. - Development or maintenance of common areas and
facilities by developer or property owners' association.
A. General.
For the purposes of this section, "common areas and facilities" include:
1. Public and private parkland;
2. Boulevard strips or street medians in public rights-of-way along external subdivision streets and
adjacent to parks or open space;
3. Common open space (as defined in 38.800.040);
4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds) as
set forth in 38.410.020;
5. Pathways (as defined in 38.800.170);
6. Lighting;
7. Stormwater facilities,
8. Irrigation facilities installed in common areas; and
9. Private streets.
B. Development.
If common areas or facilities will be developed by a developer or a property owners' association,
a development plan for the common area or facilities must be submitted with the preliminary
plat application or zoning application for review and approval. The development plan must be
reviewed and approved by the city prior to the installation of improvements in common areas or the
installation of common facilities. An approved park master plan satisfies this requirement.
1. Landscaping and irrigation.
When landscaping or irrigation systems will be installed in common areas or facilities the
development plan must be accompanied by a landscape and irrigation plan that was prepared
by a qualified landscaping professional and complies with the most recent version of the
City of Bozeman Landscape and Irrigation Performance and Design Standards Manual. When
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-131 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
landscaping or irrigation in common areas or facilities is installed by the subdivider, the subdivider
must warrant these improvements against any and all defects for a period of two years from the
date of installation of the landscaping and irrigation. When landscaping or irrigation in a park
is installed by the subdivider, the subdivider must comply with the parks design standards and
warrant these improvements against any and all defects for a period of two years from the date of
installation of the landscaping and irrigation.
2. Discrete Irrigation Systems.
Irrigation systems that will be part of a privately owned and maintained common area or facility
must be completely separate and entirely discrete from irrigation systems that are to be publicly
owned and maintained by the city.
3. Tree permits.
If trees will be planted in dedicated city parkland or boulevard strips, tree planting permits must
be obtained from the forestry division.
C. Maintenance.
When common areas or facilities will be maintained by the subdivider or by a property owners'
association, a maintenance plan that complies with 38.720.030 must be submitted with the
preliminary plat application for review and approval. The maintenance plan must include a
maintenance schedule, and a mechanism to assess and enforce the common expenses for
the common area or facility. The developer must provide all necessary maintenance until the
improvements are transferred to a property owners' association, or other final custodian, at which
point the property owners' association or other final custodian will be responsible for all necessary
maintenance of common areas or facilities identified in the maintenance plan.
1. Stormwater Facilities.
Maintenance must be provided by the property owners' association for stormwater facilities, with
the exception of storm sewer mains, inlets, and maintenance holes located in public streets,
until the city establishes a stormwater maintenance district or other dedicated funding source
and affirmatively accepts responsibility for maintenance. The provisions of 38.720 apply to this
section.
2. Landscaping.
The maintenance plan must provide that any required or proposed landscaping must be
maintained in a healthy condition at all times, and that any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
3. Irrigation system.
The maintenance plan must provide that any required or proposed irrigation system must be
maintained in an appropriate and efficient manner and kept in good operating condition, and that
any components of the irrigation system that break must be fixed and replaced if necessary with
components approved in the irrigation system design plan. Irrigation systems that will be part
of a privately owned and maintained common area or facility must be completely separate and
entirely discrete from irrigation systems that are to be publicly owned and maintained by the city.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-132 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
4. Shade tree maintenance.
The forestry division must be responsible for the trimming, removal, or similar maintenance of
shade trees in all city rights-of-way and on city-maintained property, including parks.
D. Maintenance area.
For a multiphase project with common areas and facilities, the maintenance mechanism must
include all phases of the project, and must be created for the entire project with the first phase. No
property can be removed from the maintenance area or mechanism without prior approval by the
city to ensure continued maintenance of common areas and facilities, and on-going fulfillment of all
obligations.
sec. 38.780.100. - Warranty.
A. Publicly dedicated.
All publicly dedicated improvements must be subject to a warranty of not less than two years from
date of acceptance by the city unless a different duration and scope is established by the City of
Bozeman Design and Construction Standards, landscaping and irrigation design manual, and park
design standards as applicable. The city manager may establish standards for the warranty including
requiring a warranty agreement, the date the warranty must begin, requirements for the scope of the
warranty, and other requirements necessary to ensure the warranty remains valid for the established
period.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-133 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Division 38.790. - NONCONFORMING
SITUATIONS
sec. 38.790.010. - Nonconforming uses.
A. Any use lawfully existing upon the effective date of the ordinance from which this chapter or any
predecessor title or code is derived may be continued at the size and in the manner of operation
existing upon such date except as specified in this division, or in the case of signage as specified in
38.550.
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 % of its replacement cost at the time of destruction. However, in the event
of damage by natural disaster to the extent described herein, a nonconforming use or uses may be
reestablished through a special use permit procedure as set forth in 38.740. Such restoration must
comply to the maximum extent reasonably feasible with the requirements of this chapter.
C. When any lawful nonconforming use of any structure or land in any district has been changed to a
conforming use, it must not thereafter be changed to any nonconforming use.
D. Whenever a lawful nonconforming use of a building, structure or land is discontinued for a period of
90 days, any future use of the building, structure or land must be in conformity with the provisions of
this chapter.
E. Normal maintenance of a building or other structure containing or related to a lawful nonconforming
use is permitted, including necessary structural repairs, provided such structural repairs do not
enlarge, intensify or otherwise redefine the nonconforming use.
sec. 38.790.020. - Changes to or expansions of nonconforming uses.
A. Lawful nonconforming non-residential use.
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. In addition, the review authority must
consider whether the expansion is reasonable, natural and incidental to the growth and use of an
existing business.
2. 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.
3. 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 subsection A.2 below, and that a special use permit is obtained from the review
authority. A lawful nonconforming non-residential use may be expanded only through the
granting of a special use permit by the review authority. In considering the appropriateness of the
special use permit application, the review authority must weigh the criteria set forth in 38.740.100.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-134 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
4. To approve a 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 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 land use plan 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 non-conforming 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 38.240.020 and 38.740, without the need to obtain a special use
permit from the review authority. A lawful nonconforming residential use must not be permitted
to increase the number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling units is
allowed, in compliance with applicable fire and building codes, including expansion of up to 20
% of the existing total residential area, without the need of a 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.
sec. 38.790.030. - Nonconforming area and bulk requirements for
existing lots.
A. At the time of the enactment of the ordinance from which this chapter is derived if any owner of a
plot of land consisting of one or more adjacent lots, as defined in 38.800.130, in a subdivision of
record does not have sufficient lot width to conform to the minimum lot width requirements, such
plot of land may nevertheless be used as a building site. The lot dimension requirements of the
district in which the piece of land is located may be reduced by the smallest amount that will permit
a structure in compliance with minimum standards of the building code to be built upon the lot, with
such reduction to be determined by the review authority designated in 38.700.010.
1. Existing buildings on nonconforming lots may be expanded without deviations or variances so
long as the expansion does not increase or create one or more nonconformities.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 7-135 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
2. In the residential districts and residential uses in mixed-use districts, the reduction must permit
only a single-unit structure.
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time
of passage of the ordinance from which this chapter is derived, may be reduced in size so that lot
width or size of setbacks or lot area per household or any other requirement of this chapter is not
maintained except as provided for in this chapter. This section views lots as merged for the purposes
of planning and zoning regulation of bulk, size, or similar dimensional standards only, and does not
aggregate individual parcels of land as tracts of record. This section does not apply when a portion of
a lot is acquired for a public purpose.
sec. 38.790.040. - 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 38.550 and lighting as specified in
38.560.110.
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 % of its replacement cost at the time of
destruction. However, in the event of damage by natural disaster a nonconforming nonresidential
structure may be reestablished through a special use permit procedure as set forth in 38.740. Such
restoration must comply to the maximum extent feasible with the requirements of this chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural
repairs provided such structural repairs do not enlarge the structure or intensify the use.
sec. 38.790.050. - Changes to or expansions of nonconforming
structures.
A. A lawful nonconforming structure must not be changed except in conformance with the
requirements of the zone in which it is located or as provided in this division.
B. A lawful nonconforming structure may be expanded through the plan review process required
by 38.240.020 and 38.740. Unless the proposed expansion would create a new nonconformity or
increase an existing nonconformity, no deviation or variance is required for the expansion.
C. If a lawful nonconforming structure is proposed to be changed or expanded in a manner which
would increase the degree of nonconformity, or would create a new nonconformity, a deviation
or variance must be properly granted prior to or in conjunction with the site development approval
required in 38.240.020 and 38.740.
D. The maintenance and reconstruction of existing nonconforming residential structures is allowed, in
compliance with applicable fire and building codes, as well as the provisions of this division, so long
as the number of dwelling units on the lot is not increased. Maintenance activities may not increase
the degree of nonconformity.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20257-136 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 7 - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
Figure 38.790.050-1. Clarifying acceptable and unacceptable examples of
expanding nonconforming structures.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTiClE 8. -
DEFINITIONS
DIVISION 38.800. - TERMS AND INTERPRETATION ...............................................................8-2
Sec. 38.800.010. - Definition of terms and interpretation of language. ...............................................8-2
Sec. 38.800.020. - A definitions. ...................................................................................................................8-2
Sec. 38.800.030. - B definitions. ...................................................................................................................8-5
Sec. 38.800.040. - C definitions. ...................................................................................................................8-6
Sec. 38.800.050. - D definitions. ...................................................................................................................8-9
Sec. 38.800.060. - E definitions. ..................................................................................................................8-11
Sec. 38.800.070. - F definitions. ..................................................................................................................8-14
Sec. 38.800.080. - G definitions. .................................................................................................................8-15
Sec. 38.800.090. - H definitions. ..................................................................................................................8-17
Sec. 38.800.100. - I definitions. ...................................................................................................................8-18
Sec. 38.800.110. - J definitions. ...................................................................................................................8-19
Sec. 38.800.120. - K definitions. ..................................................................................................................8-19
Sec. 38.800.130. - L definitions. ..................................................................................................................8-19
Sec. 38.800.140. - M definitions. .................................................................................................................8-21
Sec. 38.800.150. - N definitions. .................................................................................................................8-23
Sec. 38.800.160. - O definitions. .................................................................................................................8-24
Sec. 38.800.170. - P definitions. ..................................................................................................................8-25
Sec. 38.800.180. - Q definitions. .................................................................................................................8-27
Sec. 38.800.190. - R definitions. ..................................................................................................................8-27
Sec. 38.800.200. - S definitions. ..................................................................................................................8-29
Sec. 38.800.210. - T definitions. ..................................................................................................................8-34
Sec. 38.800.220. - U definitions. .................................................................................................................8-36
Sec. 38.800.230. - V definitions...................................................................................................................8-36
Sec. 38.800.240. - W definitions. ................................................................................................................8-36
Sec. 38.800.250. - X definitions. ..................................................................................................................8-38
Sec. 38.800.260. - Y definitions. ..................................................................................................................8-38
Sec. 38.800.270. - Z definitions. ..................................................................................................................8-38
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Division 38.800. - TERMS AND
INTERPRETATION
sec. 38.800.010. - Definition of terms and interpretation of language.
A. Terms specifically defined in regulations issued by the department of justice and the department of
transportation to implement the Americans with Disabilities Act or in referenced standards have those
meanings. Terms defined in Title 76 MCA and applicable to the city have those meanings. Otherwise,
all words in this chapter must be first defined as provided in this division and, if not defined herein,
have the meaning established in 1.01.030 and if not defined there, have their customary dictionary
definitions as defined in collegiate dictionaries in the sense that the context implies.
B. Words used in the present tense include the future tense; words used in the singular include the
plural, and words used in the plural include the singular; the word "must" is always mandatory, the
word "person" includes a firm, association, organization, partnership, trust, corporation or company,
as well as an individual; the word "lot" includes the words "plot" or "parcel"; the word "building"
includes the word "structure"; the words "used" or "occupied," as applied to any land or building, is
construed to include the word "intended, arranged, or designed to be used or occupied"; the words
"map" or "zoning map" mean the zoning map of the city that delineate the area to be governed by
these regulations.
C. For the purposes of this chapter certain words and terms used herein are defined as follows:
sec. 38.800.020. - A definitions.
Access or access way. The place, means or way by which pedestrians and vehicles have adequate and
usable ingress and egress to property or use as required by this chapter.
Accessory building or use. A subordinate building, or portion of the principal building, located on
the same lot as the principal building, or a subordinate use of land, either of which is customarily
incidental to the principal building or to the principal use of land.
Accessory dwelling unit. An accessory residential building, either attached or detached, which contains a
dwelling unit. See 38.320.120.B for standards related to accessory dwelling units.
Activity. A thing that a person or group does or has done.
ADA. Americans with Disabilities Act.
Adaptive reuse. The development of a new use for an older building or for a building originally designed
for a special or specific purpose.
Administrative design review (ADR) staff. Certain members of the planning staff charged with the design
review, as defined in this division, of certain plans and proposals as specified in this chapter. The
organization, composition and procedures of the administrative design review staff are subject to the
requirements of 38.700.
Adult business. An establishment which advertises, trades, exchanges, transfers, sells, presents, shows,
offers or exhibits materials, activities, reproductions, likenesses, services and/or objects defined as
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
obscene by MCA 45-8-201(2). Adult business as defined in this section include, but are not limited to,
adult bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios,
nude art studios, nude photographic studios and nude body painting studios.
Affordable dwelling. A dwelling unit for rent that a developer has committed to making affordable
pursuant to 38.340.
Aggrieved party. A person who can demonstrate a specific personal and legal interest, as distinguished
from a general interest, who has been or is likely to be specially and injuriously affected by the
decision.
Agriculture. The cultivation or tilling of soil or use of other growing medium for the purpose of
producing vegetative materials for sale or for use in a commercial operation and/or the raising or
tending of animals for commercial sale or use. Agriculture does not include gardening for personal
use, keeping of house pets or animals as authorized under chapter 8, service animals as defined by
the Americans with Disabilities Act, or landscaping for aesthetic purposes.
Agricultural water user facility. Those facilities, which include but are not limited to ditches, pipes, and
other water-conveying facilities, which provide water for irrigation and stock watering on agricultural
lands, with said lands being defined in MCA 15-7-202.
Alley. A permanent public thoroughfare providing a secondary means of access to abutting lands
connecting two right-of-way streets.
Alteration.
A. Any act or process, except repair and light construction as defined herein, that changes one or
more of the architectural features of a structure or site, including, but not limited to, the erection,
construction, reconstruction, relocation of, or addition to a structure.
B. The term "alteration" may apply to any act or process that changes the interior architectural features
of that portion of a public or private property commonly frequented by the general public, provided
said public or private property is located within a designated historic district or listed individually
on the National Register of Historic Places. However, changes upon interior elements of private
residences, regardless of their location or historic status, are not considered alterations as defined in
this section.
C. The term "alteration" further means any change or addition to a building within a regulated flood
hazard area that either increases its exterior horizontal dimensions or increases its potential flood
hazard; or means revisions or updates to a DNRC designated floodplain or floodway established by
MCA 76-5-101 et seq.
Amusement and recreation. Uses that provide continuous or periodic entertainment or recreational
activity.
Animal shelter. A facility providing care or boarding of domesticated animals, either for compensation or
as a public service.
Animated sign. A sign depicting action, motion, light, or color change, or that change the sign displayed
through electrical or mechanical means. Excludes those signs defined as revolving signs.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Antenna. One or more rods, panels, discs or similar devices used for the transmission or reception of
radio frequency signals, which may include omni-directional antenna (rod), directional antenna
(panel) and parabolic antenna (disc).
Apartment. A habitable room or suite of two or more habitable rooms meeting the requirements of the
city's adopted International Building Code, located in an apartment building or used for residential
purposes in non-residential or mixed-use buildings located within non-residential districts, as
specified in this chapter. A studio unit is as an apartment under this definition. Townhouses and
rowhouses are excluded from this definition.
Appellant. An aggrieved person who has appealed the decision of an agency, board or commission to
another body designated herein by the filing of a notice of appeal.
Applicable non-discrimination laws. The Fair Housing Amendments Act of 1988, the Americans with
Disabilities Act, Section 504 of the Rehabilitation Act, the Montana Human Rights Act, and the
Montana Governmental Code of Fair Practices.
Applicant. A person who seeks a land use permit or other approval of a development proposal.
Architectural appearance. The architectural character and general composition of a structure,
including, but not limited to, the kind and texture of the building's materials and the type, design and
character of all windows, doors, light fixtures, signs and appurtenant exterior elements; and, interior
architectural detail including, but not limited to, floors, fixtures, hardware, ornamentation and other
elements that contribute to the building's architectural or historical significance.
Area of special flood hazard. The land in the floodplain within the community subject to inundation by a
one % or greater chance of flooding in any given year, i.e., the 100-year floodplain.
Articulation. The giving of emphasis to architectural elements (like windows, balconies, entries, etc.) that
create a complementary pattern or rhythm, dividing large buildings into smaller identifiable pieces.
See 38.520.040 for articulation standards.
Articulation interval. The measure of articulation; the distance before architectural elements repeat. See
38.520.040 for articulation standards.
Artificial obstruction/development. Any obstruction which is not natural and includes any dam,
diversion, wall, bank stabilization method, embankment, levee, dike, pile, abutment, projection,
revetment, excavation, channel rectification, road, bridge, conduit, culvert, building, refuse,
automobile body, fill or other analogous structure or matter in, along, across or projecting into any
regulated flood hazard area that may impede, retard or alter the pattern of flow of water, either in
itself or by catching or collecting debris carried by the water, or that is placed where the natural flow
of water would carry the same downstream to the damage or detriment of either life or property.
Arts center and/or entertainment center. A structure or facility for the presentation of the performing
arts, including indoor motion picture theaters; theaters for live performances; indoor concert halls;
and studios for arts education, such as dance or painting. Also includes entertainment activities such
as arcades; bowling alleys or pool halls. The term "arts and entertainment center" does not include
any business meeting the definition of adult business as defined by this chapter.
Automobile fuel sales or repair. The use of a site for the direct sale of fuel to the end user, or for the
repair of automobiles, non-commercial trucks, motorcycles, motor homes, recreational vehicles or
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-5 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
boats. The term "automobile fuel sales or repair" includes the sale and on-site installation of parts,
wheel and brake shops, body and fender shops, and similar repair and service activities, but excludes
dismantling or salvage.
Automobile washing establishment. A building which has its primary purpose as washing automobiles.
Such facilities are considered incidental to automobile service stations if not more than one auto may
be washed at one time and if the service station is clearly the principal use.
Awning. A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or
other skin-type material, and typically opens on the bottom side, which projects beyond a building
or extending along and projecting beyond the wall of the building. For the purposes of this chapter a
sign on an awning is considered to be a wall sign.
sec. 38.800.030. - B definitions.
Base flood. A flood having a one % chance of being equaled or exceeded in any given year. A base flood
is the same as a 100-year flood.
Base flood discharge. The flow rate of a flood having a one % chance of being equaled or exceeded in
any given year.
Base flood elevation. The elevation above sea level of the base flood in relation to the vertical datum
used in a FEMA flood insurance study or a flood hazard evaluation.
Basement. A portion of a building located partly underground but having not less than half its floor-to-
ceiling height below the grade of the adjoining ground. For purposes of 38.600, a basement includes
any floor elevation that is more than two feet below the lowest adjacent grade of a building on all
sides.
Bed and breakfast. A single-household dwelling which remains owner-occupied at all times providing
one or more guest rooms for compensation, and where food service is limited to breakfast which
may be served to overnight guests only.
Bike shed. The area within which a bicyclist can reasonably travel to a destination in approximately 3
miles or 20 minutes, using existing and planned bicycle routes - both on-street and off-street - that
meet locally adopted design and safety standards.
Blank wall. A ground floor wall or portion of a ground floor wall that does not meet the transparency
requirements of the applicable zoning district. See 38.260.140.B for blank wall treatment standards.
Building. Any structure having enclosed space and a roof for the housing and/or enclosure of persons,
animals or chattels.
Building area. The maximum horizontal projected area of the principal and accessory building, excluding
open steps, terraces, and architectural appurtenances projecting not more than two feet. Building
area, as that portion of a lot upon which construction is permitted, is that area of a lot that lies within
the boundaries of the front, side and rear setback requirements measured from the actual lot line.
Building envelope. The three-dimensional volume on a lot lying between the front, side and rear setback
lines and between ground level and the maximum allowable building height, amounting to the area
available for potential building construction.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-6 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Building frontage. The maximum dimension of the building front measured on a straight line parallel to
the street, but excluding façades facing alleys or drive aisles.
Business. A commercial enterprise carried on for profit; a particular occupation or employment habitually
engaged in for livelihood or gain.
Built environment. Man-made or modified structures that provide people with living, working, and
recreational spaces.
sec. 38.800.040. - C definitions.
Caliper. The diameter of a tree measured 12 inches above ground level. For multi-trunk trees, the caliper
is the average of all trunk calipers
Canopy. Any open, permanent roof-like accessory structure which is not attached or part of a principal
building.
Canopy tree. A species of tree which normally bears crown foliage no lower than six feet above ground
level upon maturity.
Carport. A structure, open on at least two sides, consisting of a roof and either walls or columns for the
purpose of housing automotive vehicles and other chattels. The structure must be considered as an
accessory building when detached from the principal building and as a part of the principal building
when attached to the principal building along one or more sides of the carport or principal building.
Cash-in-lieu. An alternative method of mitigation for development impacts in place of construction of
infrastructure, provision of water rights, or dedication of land.
Casino. An establishment whose primary use or activity is gambling, either in the form of gambling
machines (video poker, keno, etc.), card games or other licensed gambling activity. A casino may
have beverage and restaurant facilities as accessory uses. An establishment will be considered a
casino for the purpose of these regulations if any of the following characteristics apply:
1. The establishment is referenced as a casino by signage, advertisement or by name;
2. More than one card table is on the premises; and/or
3. 15 or more gambling machines are on the premises.
Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including
crematories, mausoleums and mortuaries when operated in conjunction with and within the
boundary of such cemetery.
Certificate of appropriateness. A permit issued by the pertinent review authority indicating its approval
of plans to alter or construct a structure or alter a site within the Neighborhood Conservation Overlay
District.
Certificate of survey. A drawing of a field survey prepared by a registered land surveyor for the purpose
of disclosing facts pertaining to boundary locations.
Certified by a professional engineer. Certification of work produced by a duly qualified and licensed
professional engineer through the placement of the professional engineer's signed stamp.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-7 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Channel. The geographical area within either the natural or artificial banks of a watercourse or drainway.
Church. A building, together with its accessory buildings and uses, where persons regularly assemble for
religious worship, and which building, together with its accessory buildings and uses, is maintained
and controlled by a religious body organized to sustain public worship.
City. The City of Bozeman.
City commission. The City Commission is the governing body of the City of Bozeman.
Civic use. Public buildings or uses, including, but not limited to, college/university facilities, congregate
postal facilities, schools, government offices, libraries, assembly uses, police stations, and fire stations.
Club, private (nonprofit). A nonprofit association of persons who are bona fide members, paying annual
dues, which owns, hires or leases a building, or a portion thereof, the use of such premises being
restricted to members and their guests.
Collocation. The placement of an antenna by two or more wireless service providers on a common
antenna-supporting structure, or the addition or replacement of antennas on an existing structure.
The term "collocation" does not include roof-mounted or surface-mounted wireless facilities or the
placement of other antenna on an amateur radio antenna.
Commercial message. Any sign, wording, logo or other representation that directly or indirectly names,
advertises or calls attention to a business, product, service or other commercial activity.
Common open space. Undeveloped land within a subdivision that has been designated, dedicated,
reserved or restricted in perpetuity from further development and is set aside for the use and
enjoyment by residents of the development. Common open space may not be part of individual
residential lots. It must be substantially free of structures, but may contain historic structures and
archaeological sites, and/or recreational facilities for residents, including but not limited to benches,
picnic tables and interpretive signage as indicated on an approved development plan. Stormwater
control facilities for the benefit of the subdivision may also be located within common open space.
Common ownership. Ownership by the same person, corporation, firm, entity, partnership or
unincorporated association; or ownership by different corporations, firms, partnerships, or
unincorporated association in which a stockbroker, partner, or associate, or a member of the owner's
family owns an interest in each corporation, firm, partnership, entity or unincorporated association.
Community center. A building or portion of a building used for nonprofit cultural, educational,
recreational, religious or social activities which is open to the public or a designated part of the public,
usually owned and operated by a public or nonprofit group or agency. Examples of community
centers are schools, churches, Boys and Girls Clubs, and similar uses. Community center does not
include fraternities, lodges or similar uses.
Community garden. An area of land managed and maintained by a group of community members used
to grow and harvest food crops and/or nonfood, ornamental crops such as flowers, for personal or
group use, consumption, donation or sale, or for educational purposes. The private use of private
land (not intended to benefit the community at large) does not constitute a community garden.
Community residential facility. A facility licensed by the Montana Department of Public Health and
Human services including:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-8 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
1. Those occupied by persons having developmental disabilities and living together for the purpose
of residential training, observation and/or common support, in which care is provided on a 24-
hour per day basis;
2. A community group home for developmentally, mentally or severely disabled persons which does
not provide skilled or intermediate nursing care;
3. A youth foster home or other facility for care of minors as defined in MCA 52-2-601 et seq.;
4. A halfway house operated in accordance with regulations of the state department of public health
and human services for the rehabilitation of alcoholics or drug dependent persons;
5. A licensed adult foster care home;
6. An assisted living facility licensed under MCA 50-5-227;
7. A foster home, kinship foster home, youth shelter care facility, or youth group home operated
under the provisions of MCA 52-2-621 through 52-2-623.
8. A nursing home. An extended or intermediate care facility licensed or approved to provide full-
time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness
or infirmity, are unable to care for themselves.
Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary
review process to establish this use, the operator of a residential facility, members of the operator's
household or persons employed as staff are not counted as residents, except that the total number of
all persons living at the facility may not exceed ten.
Conservation easement. The grant of a property right or interest from the property owner to the public
or nonprofit conservation organization stipulating that the described land must remain in perpetuity
in its natural and open state, precluding future or additional development (with the exception of any
allowable structures or facilities).
Contiguous. A parcel of land next to, abutting, adjoining or touching another individual parcel of land,
including tracts which are separated by public right-of-way.
Construction. The act of adding to an existing structure or erecting a new principal or accessory
structure; the act of building by combining or arranging parts or elements; the thing so built.
Convenience use. Retail commercial uses which have relatively high traffic-generation rates compared
to other commercial uses. A use is designated as a convenience use if the method of operation
includes one or more of the following characteristics:
1. The primary business is the sale of food or drink for consumption, either on or off premises, over
a counter, or from an outdoor service window or automobile service window. Of the food or
drink sold, at least 20 % is in disposable or carry-out containers; or
2. The use features a drive-in and/or drive-through component.
Cooperative household.
A. A cooperative household is a single housekeeping unit with five or more persons which exhibits four
or more of the following characteristics:
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-9 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
1. A shared strong bond or common commitment to a single purpose, such as members of a
religious order;
2. Are not legally dependent on others not living with them;
3. Can establish legal "domicile" as defined by state law;
4. Share a single household budget;
5. Share in the work of maintaining the premises;
6. Legally share in the ownership or possession of the premises, e.g., tenants in common on a deed
or cosigners of a single lease; or
7. A relationship of a permanent and distinct character with a demonstrable and recognizable bond
characteristic of a cohesive unit.
B. Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge,
organization or other individuals with a common living arrangement or whose basis for the
establishment of the housekeeping unit is for a period of less than 12 months.
Covenant. An agreement that restricts the land and binds present owners and subsequent grantees and
complies with MCA 70-17-2.
Crawlspace. For purposes of 38.600, a building enclosure that has its interior floor area no more than
five feet below the top of the next highest floor and no more than two feet below the lowest adjacent
grade on all sides.
sec. 38.800.050. - D definitions.
Day care center. A place in which supplemental care is provided to 16 or more non-resident persons on
a regular basis and which is licensed by the state.
Day care home, family. A private residence in which supplemental care is provided to three to eight non-
resident persons from separate families on a regular basis.
Day care home, group. A private residence in which supplemental care is provided to nine to 15 non-
resident persons on a regular basis.
Dedication. The deliberate appropriation of land by an owner for any general and public use, reserving
no rights which are incompatible with the full exercise and enjoyment of the public use to which the
property has been devoted.
Demolition. Any act or process that destroys, in part or whole, a structure or archaeological site.
Departure. A provision allowing for applicants to propose alternative means of compliance with
a specific standard on a voluntary basis, provided they meet the purpose of the standard. See
38.760.050 for procedures.
Design review. The aesthetic evaluation of certain development proposals.
Developer. For purposes of 38.340, a developer is the person or legal entity, or their successor(s)
in interest who: (a) submits an affordable housing plan for a subject property along with other
submissions required for land use approvals, annexation, zoning, or permit reviews by the city, or (b)
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-10 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
is the owner of property subject to this division during the development phase or a successor in title,
such as a builder or subsequent property owner, obligated to implement the affordable housing plan
with respect to one or more lots or parcels of land or (c) receives incentives for the production of low
income affordable housing.
Development. Any human-induced change to improve or alter real estate, including, but not limited
to, subdivision of land, buildings or other structures, artificial obstructions, mining, dredging, filling,
grading, paving, excavation or drilling operations, or storage of equipment or materials.
Development envelope. Area(s) on a lot within which grading, lawns, pavement and buildings will be
located.
Development review committee. That committee created by 38.700 and charged with reviewing
designated plans and proposals.
Deviation. A modification of physical standards of this chapter as applied to a specific piece of property
located within the neighborhood conservation overlay district.
Diameter Breast Height (DBH). The diameter of a tree at 4.5 feet above the ground.
Director. Community development director of the City of Bozeman and planning administrator per the
Montana Land Use Planning Act.
Directional sign. An on-premises sign which is intended to convey information regarding the location
of specific features of the site or to convey on-premises regulations including transportation and
circulation regulations.
Disabled person. A person who has a medical, physical or mental condition that limits a major life activity,
anyone who is regarded as having such a condition or anyone who has a record of having such a
condition, and includes persons who have a handicap or a physical or mental disability as defined in
applicable non-discrimination laws.
Division of land. The segregation of one or more parcels of land from a larger tract held in single or
undivided ownership by transferring, or contracting to transfer, title to a portion of the tract, or
properly filing a certificate of survey or subdivision plat establishing the identity of the segregated
parcels pursuant to this chapter and the Montana Land Use Planning Act. The conveyance of a tract
of record or an entire parcel of land that was created by a previous division of land is not a division of
land.
DNRC. Montana Department of Natural Resources and Conservation.
Drainway. Any depression two feet or more below the surrounding land serving to give direction to a
current of water less than nine months of the year and having a bed and well-defined banks. Water
flowing in a drainway may originate by natural or artificial means.
Drive access. That area between the curb of a street, or edge of the traveled portion of a street when no
curb exists, and the right-of-way/property line over which the city will permit vehicular travel from
the traveled portion of a street to an individual property or off-street parking space.
Drive-in business. Any business in which people are provided a service or a product, where a sale is
made without the customer being required to leave the vehicle. Such businesses include, but are not
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-11 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
limited to, drive-in theater, drive-in bank, freestanding automated teller machine, drive-in laundry or
dry cleaning pickup station, drive-in restaurant and any business offering take-home food services.
Dwelling. A building, or portion thereof, meeting the requirements of the city’s adopted International
Building Code and used by one household, as defined by this article, for residential purposes.
Dwellings may exist in many configurations, including single-unit, two-unit, multiple-unit dwellings
and group living. Dwellings do not include hotels or motels.
Dwelling unit. One or more rooms designed for or occupied exclusively by one household.
sec. 38.800.060. - E definitions.
Easement. A grant by a property owner to the public, a specific person or persons, other than the owner,
for a right to use land for a specific purpose or purposes.
Effective base flood elevation. The base flood elevation contained in the effective FEMA flood insurance
study and its effective hydraulic model, including any effective FEMA revisions thereto.
Effective regulatory floodway. The regulatory floodway contained in the effective FEMA flood insurance
study and its effective hydraulic model, including any effective FEMA revisions thereto.
Elevated building. A building without a basement that has it lowest elevated floor raised above ground
level by foundation walls, shear walls, posts, piers, pilings or columns. A building on a crawlspace is
considered an elevated building.
Enclosure. For the purposes of 38.600, that portion below the lowest elevated floor of an elevated
building that is either partially or fully shut in by rigid walls, including a crawlspace, sub grade
crawlspace, stairwell, elevator, or a garage below or attached.
Encroachment. For purposes of 38.600 any use, activity, or artificial obstruction within the regulated
flood hazard area.
Encroachment analysis. A hydrologic and hydraulic analysis performed by a qualified professional
engineer to assess the effects of a proposed use, activity, or artificial obstruction on the base flood
elevation, flood flows and flood velocities.
Engineer (registered professional engineer). A person licensed in conformance with the Montana
Professional Engineers Registration Act (MCA 37-67-101 through 37-67-332) to practice engineering
in the state.
Engineering division. Engineering Division of the City of Bozeman's Department of Transportation and
Engineering.
Essential services (Type I). Small-scale and below ground facilities, equipment and structures required
for the provision of immediate customer service of public and quasi-public services within the city.
Additional items may be determined by the community development director to be appropriately
included in this definition. These facilities, equipment and structures include:
1. Public water distribution lines.
2. Public sanitary sewer collection lines.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-12 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and
drainageways.
4. Fire hydrants.
5. Electric service:
a. Below ground distribution and local transmission lines, cables and appurtenances.
b. Above ground distribution and local transmission lines, cables and appurtenances no greater
in height than the minimum required by the National Electric Safety Code (NESC) plus 15 %.
c. Electric vehicle chargers inside of buildings; or outside of buildings and providing 240 volt or
less individual station charging capacity.
6. Natural gas service:
a. Below ground distribution lines and appurtenances.
b. Below ground transmission lines and appurtenances.
c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings.
7. Communications services:
a. Below ground telephone lines and cables.
b. Below ground cable television lines.
c. Below ground electronic data transmission lines and cables.
8. Above ground utility boxes, not to exceed 20 square feet in footprint.
9. Single user building-mounted solar energy facility, and associated storage.
10. Public and amateur radio antennae and towers.
Essential services (Type II). Facilities, equipment and structures required for the provision of
neighborhood level public and quasi-public services within the city. Additional items may be
determined by the community development director to be appropriately included in this definition.
Specific facilities, equipment and structures include:
1. Public water storage facilities; and pumping stations.
2. Public sanitary sewer or storm sewer lift stations.
3. Water fill stations for firefighting equipment.
4. Electric service:
a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including
the repair and replacement of the same as necessary to maintain their operation.
b. Transmission lines, cables, and appurtenances 161 kV or less and no greater in height than the
minimum required by the National Electric Safety Code (NESC) plus 25 %, other than those
included in Essential Services (Type I).
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-13 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
c. Shared building-mounted solar energy facility, or other on-site generation, building mounted
and associated storage.
d. Electric vehicle charger outside of a building and providing charging capacity greater than
allowed as an Essential Service (Type I).
5. Natural gas service:
a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to
exceed 150 square feet.
6. Communications services, except those included in essential services (Type 1), including above
ground buildings not to exceed 150 square feet:
a. Telephone lines and cables.
b. Cable television lines.
c. Electronic data transmission lines and cables.
7. Above ground utility boxes, from 20—150 square feet, except those included in essential services
(Type I).
8. Shared heating and cooling systems serving multiple buildings.
Essential services (Type III). Community-scale facilities, equipment and structures required for the
provision of public services not otherwise listed as an essential services (Type I or II).
1. Public water treatment.
2. Sanitary sewer treatment.
3. Storm sewer treatment.
4. Police and fire stations.
5. Battery energy storage systems, electric substations and electrical transmission lines, cables and
appurtenances, except those included in essential services (Type I) or essential services (Type II).
6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of
150 square feet.
7. Communications including but not limited to telephone satellite community dial offices;
telephone exchanges and repeater stations, except those facilities which may be considered
wireless facilities.
8. Gasoline, oil and coal pipelines.
9. Shared ground-mounted solar energy facility, and associated storage.
Establish. To construct, place, insert or excavate.
Evergreen tree or shrub. A tree or shrub of a species which normally retains its leaves/needles
throughout the year.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Existing artificial obstruction or nonconforming use. For purposes of 38.600, an artificial obstruction or
nonconforming use that lawfully existed prior to the initial creation of city floodplain regulations on
March 19, 1975, or any repeal and replacement or amendment thereto.
Existing base flood elevation. The base flood elevation computed by hydraulic modeling of the base
flood discharge within the floodplain of the flooding source in its current existing condition.
Existing building or structure. For purposes of 38.600, any buildings or structures for which the start of
construction commenced before the effective date of the applicable flood insurance rate map.
Existing manufactured home park or subdivision. A manufactured home park or subdivision where the
construction of facilities for servicing the manufactured home lots is completed before the effective
date of the floodplain management regulations. This includes, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of concrete pads.
Existing regulatory floodway. The regulatory floodway computed by hydraulic modeling of the base
flood discharge within the floodplain of the flooding source in its current existing condition.
sec. 38.800.070. - F definitions.
Façade. The entire building front or street wall face of a building extending from the grade of the building
to the top of the parapet or eaves and the entire width of the building elevation.
Farm stand. An accessory table, area, structure, or kiosk for the sale of food crops, products, and/or
nonfood items such as ornamental crops (i.e. flowers). See 38.320.120.C for related standards.
FEMA. Federal Emergency Management Agency.
Final decision. The final action of an agency, board or commission when no further action is available
before such agency, board or commission.
Final plat. The final drawing of a subdivision and dedication required by this chapter and the Montana
Land Use Planning Act to be prepared for filing for record with the clerk and recorder, and containing
all elements and requirements set forth in this chapter and the Montana Land Use Planning Act.
Final plan. The final scale drawings of a preliminarily approved development and any other required
information, the approval of which by the review authority indicates that the required conditions for
approval have been met.
Flood or flooding. A general and temporary condition of partial or complete inundation of normally
dry lands from the overflow of a stream, or the unusual and rapid accumulation or runoff of surface
waters from any source.
Flood fringe. The portion of the floodplain of the regulated flood hazard area that is outside the limits of
the regulatory floodway.
Flood insurance rate map. The official map used for flood insurance risk ratings and other regulatory
purposes on which FEMA has delineated special flood hazard areas of the base flood as well as other
flood hazard areas.
Flood insurance study. The official report containing technical information used to produce official flood
insurance rate maps in which FEMA provides base flood discharges, base flood profiles, floodway
data tables, hydraulic modeling, and other related flood hazard information.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-15 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Flood of 100-year frequency. A flood magnitude that has a one % chance of occurring in any given year.
The base flood.
Floodplain. Areas generally adjoining a watercourse or drainway that would be covered by the base flood.
The floodplain is a regulated flood hazard area and may be partitioned into a regulatory floodway and
flood fringe where specifically designated.
Floodplain Act. The Montana Floodplain and Floodway Management Act, MCA 76-5-101 et seq.
Floodplain administrator. Community official with authority to administer and implement the provisions
of 38.600. The floodplain administrator has been designated by the city commission to be the city
engineer, who may delegate floodplain administrator duties to a member of the city engineering
division staff.
Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments
to buildings or structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, and building or structure contents.
Floodway. The channel of a stream and the adjacent overbank areas that must be reserved in order to
discharge a base flood (100-year flood) without cumulatively increasing the water surface elevation
more than one-half foot.
Footcandle. A unit of light intensity stated in lumens per square foot and measurable with an illuminance
meter.
Four-unit dwelling or fourplex. An individual building designed for four attached dwelling units in which
the separate dwelling units share a common separation, such as a ceiling or wall, and in which access
cannot be gained between the units through an internal doorway, excluding common hallways.
Fraternity/sorority house. A group living facility occupied by and maintained exclusively for fraternity or
sorority members, their guests or visitors and affiliated with and acknowledged as a fraternity/sorority
house by an accredited institution of higher learning as defined in 38 U.S. Code Section 3452; and
which operates to provide assembly space for the regular activities of the fraternity or sorority
members.
Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the
ground and that are independent from any building or other structure.
Front setback. A setback extending across the full width of all sides of a lot that abuts a street.
sec. 38.800.080. - G definitions.
Garage, private. A detached accessory building, or portion of a main building, designed or primarily used
for the storage of self-propelled vehicles for the household housed in the building to which such
garage is accessory.
Garage, public. Any building or premises, except those defined herein as an individual garage, used for
the storage or care of motor vehicles; or where such vehicles are equipped for operation, repaired or
kept for rental, hire or sale.
General development plan. A scale drawing(s) or other documents showing the general location of
structures, uses, rights of way, parks, natural features, and utilities, existing and proposed, on subject
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
property or any other information as may be required by this chapter in association with a zone map
amendment to establish a general pattern and plan of development for the area within a planned
development zone.
General service establishment. A category of uses whose primary activity is the provision of assistance,
as opposed to products, to individuals, businesses, industry, government, and other enterprises.
Specific uses in this category include but are not limited to financial establishments, postal and
courier services, repair shops, laundries, veterinary clinics, and other services where uses occur
entirely within buildings, little or no outdoor storage, and no external impacts are anticipated. This
term also includes vehicular parking lots and garages.
Ghost sign. A wall sign painted on the exterior wall of a building prior to June 22, 1997 and which
advertises a business, product or service no longer found at that location or an expired political
campaign.
Glare. The sensation produced by lighting that causes an annoyance, discomfort or loss in visual
performance and visibility to the eye.
Golf course. A recreational facility used primarily for playing a 9- or 18-hole outdoor golf. Includes
executive or par three golf courses, pitch and putt facilities, and associated support facilities such as a
clubhouse or driving range.
Grade. The lowest point of elevation of the finished surface of the ground between the exterior wall of a
building and a point five feet distance from the wall, or the lowest point of elevation of the finished
surface of the ground between the exterior wall of the building and the property line if it is less than
five feet distance from the wall. If walls are parallel to and within five feet of a public sidewalk, alley
or other public way, the grade must be the elevation of the sidewalk, alley or public way. The term
"finished surface of the ground" does not include window wells, stairwells or other similar features,
but does include features such as usable patio areas.
Green. An open space available for unstructured recreation, with landscaping consisting of maintained
grassy areas, trees and other vegetation.
Greenhouse. A building or structure constructed chiefly of glass, glass-like translucent material, cloth,
lath or similar materials which is devoted to the protection or cultivation of flowers or other plants.
Gross. The overall amount of area or number exclusive of any deductions.
Ground floor area. The square foot area of a building within its largest outside dimension computed on
a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages,
exterior stairways and secondary stairways.
Groundcover. Low growing, perennial species that create a mat of continuous cover over the ground,
which makes it difficult for weeds to establish in the landscape.
Group living. A building, portion of a building or a complex of buildings under unified control and
management which contains facilities for living, sleeping, sanitation, eating and cooking for
occupancy for residential uses; and which does not otherwise meet the definition of another
residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.
Guest house. An attached or detached accessory building used to house guests of the occupants of the
principal building, and which is never rented or offered for rent. Any guest house providing cooking
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-17 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
facilities (e.g., full-size dishwasher, more than a bar sink, or a stove, microwave, hot plate or similar
equipment) is subject to evaluation as a dwelling unit.
sec. 38.800.090. - H definitions.
Health and exercise establishments. An establishment designed and equipped for the conduct of sports,
exercise activities and other customary and usual recreational activities, such as tennis, racquetball,
handball and squash courts, martial arts, gymnastics, weight and aerobic exercise rooms, running
facilities, swimming pools, yoga, sport dancing, and whirlpool and sauna facilities. Permitted
accessory uses include child care, sun tanning booths, massage, health and nutrition counseling
services, retail sales of sporting goods and restaurant services.
Heavy retail and service establishment. Retail and/or service activities that may have exterior service or
storage areas. This use category includes, but is not limited to sales of agricultural supplies, building
materials, manufactured homes, and heating fuels, truck stops, and outdoor display/sales.
High visibility street corners and gateway sites. All commercially zoned and REMU districts intersecting
an arterial or two arterial and collector street are defined as a high visibility street corner and warrant
special design standards set forth in 38.520.050.C.
Historic site. The location of a significant event, a prehistoric or historic occupation or activity where
the location itself possesses significant historic, cultural or archaeological value. The value of a site
must be based on the ability of the site to meet the eligibility requirements for historical significance
as described by the National Register of Historic Places and as approved by the city. The most recent
National Register Criteria for Evaluation as published by the U.S. Department of the Interior, National
Park Service are the basis for determining whether a property is eligible for historical significance
when a new or updated evaluation is prepared.
Historic structure. Any building or structure that is:
1. Listed in the State or National Register of Historic Places;
2. Designated as a historic property under local or state designation law or survey;
3. Certified as a contributing resource within a National Register listed or locally designated historic
district; or
4. Eligible, as determined by the City of Bozeman, to be listed on the National or State Register of
Historic Places either individually or as a contributing building to an existing or potential historic
district.
The most recent National Register Criteria for Evaluation as published by the U.S. Department of the
Interior, National Park Service are the basis for determining whether a property is eligible for historical
significance when a new or updated evaluation is prepared.
Home-based business. Any business, occupation or activity undertaken for gain within a residential
structure that is incidental and secondary to the use of that structure as a dwelling. See 38.320.120.F
for standards related to home-based businesses.
Hotel or motel. A building or a group of buildings in which lodging is provided and offered to
transient guests for compensation; the term "hotel or motel" does not include a bed and breakfast,
boardinghouse, lodginghouse, short term rental, or roominghouse.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-18 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Household. A person living alone, or any of the following groups living together as a single nonprofit
housekeeping unit and sharing common living, sleeping, cooking and eating facilities:
1. Any number of people related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship;
2. Not more than four unrelated people; or
3. Two unrelated people and any children related to either of them.
4. Any group of persons authorized by the federal fair housing act to occupy an individual dwelling
as a single housekeeping unit.
5. Persons or groups granted a request for a reasonable accommodation to reside as a single
housekeeping unit pursuant to 38.760.070.
6. "Household" does not include:
a. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
b. Any group of individuals whose association is temporary or seasonal in nature;
c. Any group of individuals who are in a group living arrangement as a result of criminal offenses;
or
d. Any group of individuals living in a structure permitted as transitional or emergency housing
pursuant to this chapter.
sec. 38.800.100. - I definitions.
Illuminance. The quantity of light measured in footcandles. The density of light on a surface when the
surface is uniformly illuminated.
Incidental. Any action or use of less importance, or secondary to, any other action or use.
Incidental sign. A sign, generally informational, that has a purpose secondary to the use of the zone lot
on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar
directives. No sign with a commercial message, which is designed with the intent to be legible from a
position off the zone lot on which the sign is located, will be considered incidental.
Infill. The development or redevelopment of vacant, abandoned, or underutilized properties within or
wholly surrounded by the City, and where water, sewer, streets, and fire protection have already been
developed and are provided. Infill is development proposed or located within land that has been
subdivided or otherwise developed, and annexed, for at least 35 years.
Institution - public, nonprofit, quasi-public. Any public, quasi-public, or private non-profit facility or use
which provides a cultural or other essential service to members of the public. This includes public or
private colleges and universities, post offices, museums, libraries, art galleries, and other similar uses.
Irrigation. Supplemental water that is artificially applied to an area for the purpose of fostering plant
growth and health.
Irrigation district. A district established pursuant to Title 85, Chapter 7.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-19 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
sec. 38.800.110. - J definitions.
(Reserved).
sec. 38.800.120. - K definitions.
(Reserved).
sec. 38.800.130. - L definitions.
Land use permit. An authorization to complete development in conformance with an application
approved by the local government.
Land use plan. The land use plan and future land use map adopted in accordance with the Montana Land
Use Planning Act including issue plans and area plans.
Landmark. A site, structure or object designated as a "landmark" pursuant to the procedures prescribed
in 38.240, that is worthy of preservation, restoration or rehabilitation because of its historic land
planning or architectural significance and officially recognized through listing in the National Register
of Historic Places. A landmark is subject to all neighborhood conservation overlay district procedures
and requirements.
Landscape architect. A person licensed to practice landscape architecture in the state.
Landscaped area. The area of a lot where landscaping has been or is proposed to be installed. It also
includes landscape design elements such as rock mulch and wood mulch. It does not include
footprints of buildings or structures, sidewalks, driveways, walkways, or other hardscaped areas, such
as decks or pervious pavers.
Landscaping. An area with vegetative plantings, such as shrubs, perennials, and turfgrass, creeping or
rooting groundcovers, seed mixes, or other living plants.
Large scale wireless facility. A wireless facility 25 feet or greater in height from the base to the highest
point including attachments. Examples of supporting structures are monopoles, self-supporting
(lattice) towers, guy-wire supported towers and other similar structures. When calculating the height
of a facility, other structures designed for other uses such as buildings or water towers may not be
included in the calculation.
Large tree. A tree of a species which normally reaches a height of 25 feet or more upon maturity, and
usually has a single stem.
Letter of map change. An official response from FEMA upon review of an application to amend or revise
the FEMA special flood hazard area or flood insurance study for purposes of flood insurance ratings
or flood hazard determinations. FEMA letters of map change include:
1. Letter of map amendment. A letter of determination from FEMA that amends the special flood
hazard area where a building or a portion of property is situated upon natural ground that is
higher than the base flood elevation and is thus not subject to mandatory flood insurance.
2. Letter of map revision based on fill. A letter of determination from FEMA that revises the special
flood hazard area on a property based on the placement of sufficient quantities of fill to elevate
the property or portion thereof above the base flood elevation. A building placed on fill must have
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-20 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
its lowest floor, including the bottom of a crawlspace, above the base flood elevation to avoid
mandatory flood insurance.
3. Letter of map revision—Floodway. A letter of determination from FEMA that revises the special
flood hazard where a building or a portion of property is located on natural ground that is higher
than the base flood elevation and has been inadvertently located within the regulatory floodway
and is thus not subject to mandatory flood insurance.
4. Letter of map revision. An official FEMA revision to the effective flood insurance study and flood
insurance rate map incorporating physical changes to the floodplain that alter the base flood
elevation and location of special flood hazard areas.
Levee. A embankment, usually earthen, designed and constructed in accordance with sound engineering
practices to contain, control or divert the flow of water to provide protection from temporary
flooding.
Levee system. A flood protection system that consists of a levee, or levees, and associated structures,
such as drainage and closure devices, which are constructed and operated in accordance with sound
engineering practices.
Light construction. Any change not construed as an alteration or repair, including paving of established
driving and parking areas (subject to the requirements of 38.530); construction of patios not greater
than 120 square feet in size; construction of sidewalks not wider than five feet; and landscaping (but
not including major changes in grading or site surface drainage).
Light fixture. A complete lighting unit consisting of a light source and all necessary mechanical, electrical
and decorative parts.
Light source. A single artificial point source of light that emits measurable radiant energy in or near the
visible spectrum.
Limited access. A way or means of allowing physical entrance to land at controlled locations or points. A
"no access" strip or line may be placed on a plat as a means of limiting access.
Local services. Services provided by governmental bodies for the benefit of citizens. These services
include, but are not limited to, police, fire, water, recreation, streets, parks, libraries, schools, and
wastewater and solid waste collection and disposal.
Lodginghouse. A building with not more than ten guest rooms where lodging with or without meals
is provided for compensation to persons not meeting the definitions of household, community
residential facility, cooperative household, group living, or other defined residential use. Also referred
to as a boardinghouse.
Lot. A piece, parcel, plot, tract or area of land in common ownership created by subdivision or its
legal equivalent for sale, lease or rent. A lot has the characteristics of being able to be occupied or
capable of being occupied by one or more principal buildings, and the accessory buildings or uses
customarily incidental to them, and including the open spaces required under this chapter, and
having its principal lot frontage on a street. When one or more lots are held in common ownership
they must be treated as a single lot for the purposes of development review and evaluation of
compliance with the standards of this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-21 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Lot line. A line which forms the boundary between a lot and any adjacent properties or rights-of-way.
Includes primary street, side street, side, rear, and alley lot lines. See 38.260.010.B for standards
related to lot line designation.
Lot measurements.
A. Lot depth. The horizontal distance of a line measured at a right angle to the front lot line and running
between the front lot line and rear lot line of a lot.
B. Lot width. See 38.260.020.
C. Lot frontage. All sides of a lot that abuts a street are frontage. On curvilinear streets, the arc between
the side lot lines is considered the lot frontage.
D. Lot area. The total horizontal area within the boundary lines of a lot.
Lot types.
A. Corner lot. A lot at a junction of, and fronting on, two or more intersecting streets.
B. Interior lot. A lot other than a corner or through lot.
C. Double frontage or through lot. A lot having frontage on two parallel, or approximately parallel,
streets.
D. Reverse frontage lot. A double frontage or through lot that is not accessible from one of the parallel
or non-intersecting streets on which it fronts.
Lot with residential adjacency. Any of the following:
1. A building site in a residential zoning district, if the site abuts or is directly across a street or alley
from a residential zoning district;
2. A building site in a non-residential zoning district, if the site abuts or is directly across a street or
alley from a residential zoning district.
Low-profile sign. A freestanding sign composed of a solid structure between finished grade and the top
of the sign. Also referred to as a monument sign.
Lowest floor. Any floor of a building including a basement used for living purposes, storage, or recreation.
This includes any floor that could be converted to such a use.
sec. 38.800.140. - M definitions.
Maintenance. For purposes of 38.600, customary and historical cleaning and removal of accumulated
silt, branches, trees, sticks and other debris as well as minor repair or restoration activities of
existing buildings, structures or artificial obstructions to the size, shape, position and height existing
immediately prior to deterioration that are not substantial improvements.
Manufacturing. The creation of products either with machinery or by hand according to an organized
plan and with the division of labor.
Manufacturing, artisan. Production of goods by the use of hand tools or small-scale, light mechanical
equipment occurring solely within an enclosed building where such production requires no outdoor
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-22 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
operations or storage, and where the production, operations, and storage of materials related to
production occupy no more than 3,500 square feet of gross floor area. Typical uses have negligible
negative impact on surrounding properties and include woodworking and cabinet shops, ceramic
studios, jewelry manufacturing and similar types of arts and crafts, production of alcohol, or food
processing.
Manufacturing, heavy. The creation of products either with machinery or by hand according to an
organized plan and with the division of labor. These uses contain land use intensity impacts typically
associated with large industrial uses, their accessory outdoor storage uses, and large building areas.
This use category includes, but is not limited to wrecking yards, building material manufacturing,
chemical plants, concrete and asphalt plants, and freight facilities.
Manufacturing, light. Small scale fabrication of and/or assembly of goods from previously prepared
materials that occurs entirely indoors and features low levels of trucking access typical of standard
retail or general service establishments.
Manufacturing, moderate. Refers to a category of uses that accommodate moderate intensity levels
of manufacturing and assembly activities, storage, warehousing, services, associated offices and
similar uses. This use category includes, but is not limited to contractors, call centers, textiles, wood
products, printing, pharmaceuticals, machinery manufacturing, research and development, regional
distribution, and crematories. These uses may feature some outdoor activities and/or storage and/or
moderate levels of associated trucking access.
Mean sea level. The city's adopted vertical datum or other datum to which base flood elevations are
referenced.
Medical or dental offices, clinics and centers. An establishment where patients are admitted for special
study and treatment by licensed health care professionals, including acupuncturists, dentists, and
chiropractors. Includes public health facilities, hospitals, and other medical facilities not defined
elsewhere in this division.
Meeting hall. An enclosed hall, building, or portion of a building used for the purpose of hosting
conferences, banquets, luncheons, club meetings, and other similar public or private activities, and
not meeting the definition of community center.
Micro-scale wireless facility. A wireless facility less than ten feet in height from the base to the highest
point, including attachments. When calculating the height of a facility, other structures designed for
other uses, such as buildings or water towers, may not be included in the calculation.
Mining. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards
or more and the removal thereof from the site without processing.
Ministerial permit. A permit granted upon a determination that a proposed project complies with the
applicable regulations and meets all established standards set forth in the applicable regulations. The
determination must be based on objective standards, involving little or no personal judgment, and
must be issued by the planning administrator.
Minor subdivision. A subdivision that creates five or fewer lots from a tract of record.
Missing middle housing. A residential building containing two, three, or four dwellings in any
configuration, as well as townhouses and cottage housing.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-23 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Mitigation. Measures undertaken to avoid, minimize, rectify, reduce, or compensate for adverse impacts
to the natural or built environment.
Mixed-use building. A development containing residential and non-residential principal uses within the
same building, designed and operated as a unified project.
Monument (permanent monument). Any structure of masonry, metal or other permanent material
placed in the ground which is exclusively identifiable as a monument to a survey point, expressly
placed for surveying reference.
Mortuary. An establishment providing services involving the care, preparation, or arrangement of human
or animal remains, and conducting memorial services, other than a cemetery. Includes crematorium,
funeral home, and pet crematorium.
Multi-unit dwelling. A building designed for five or more attached dwelling units in which the individual
dwelling units share a common separation, such as a ceiling or wall, and in which access cannot be
gained between the units through an internal doorway, excluding common hallways. In a mixed-use
building, any dwelling unit located within that mixed-use building is considered a multi-unit dwelling.
Mural. A visual representation using texture, colors, forms, or symbols, which does not meet the
definition of a sign, placed on a solid, nontransparent vertical surface such as a wall of a building.
sec. 38.800.150. - N definitions.
Natural environment. The physical conditions which exist within a given area, including land, water,
mineral, flora, fauna, noise, light, and objects of historic or aesthetic significance.
Natural ground. The elevation of the ground surface existing at the time an area becomes located within
a FEMA special flood hazard shown on the effective flood insurance rate that remains unaffected by
construction techniques such as placement of fill, landscaping, and berms.
Neighborhood conservation overlay district. An area designated as the neighborhood conservation
overlay district on the city zoning map pursuant to the procedures set forth herein.
New construction. Development commenced on or after the effective date of the ordinance from which
this chapter is derived.
No-rise. A technical analysis conducted in accordance with FEMA procedures and certified by a qualified
professional engineer that shows a proposed use, activity or artificial obstruction located in the
regulatory floodway causes a rise of no more than 0.00 feet to the existing base flood elevation.
Non-residential buildings or structures. Buildings or structures that are not used for residential purposes
including commercial, industrial, institutional, agricultural and accessory buildings or structures, and
manufactured homes used for non-residential purposes.
Non-broadcast telecommunication facility. A facility used for the transmission or enhancement of
telecommunications which does not include the presence of antennas, as defined in this chapter. A
non-broadcast telecommunication facility does not include office use, materials storage or other
similar uses.
Non-canopy tree. A large tree which in its native state has at maturity canopy vegetation less than six
feet above the ground.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-24 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Non-commercial speech. Any sign wording, logo or other representation that does not directly or
indirectly name, advertise or call attention to a business, product, service or other commercial activity.
Nonconforming. An existing sign, building, structure, or use of land which was lawfully established prior
to the effective date of any ordinance adopting a regulation resulting in the sign, building, structure,
or use of land no longer complying with a regulation.
sec. 38.800.160. - O definitions.
Off-premises sign. A sign which advertises or directs attention to products or activities that are not
provided on the parcel upon which the sign is located.
Offices. Buildings or portions of buildings in which commercial activities take place but where goods are
not produced, sold or repaired. These include but are not limited to general and professional offices;
governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel
agency or transportation ticket offices; telephone exchange; utility offices; radio broadcasting and
similar uses.
Official floodplain maps. The flood insurance rate maps and flood insurance study provided by the FEMA
for Gallatin County, Montana, inclusive of the City of Bozeman, dated April 21, 2021 (FEMA Flood
Insurance Study No. 30031CV001b), and incorporating any approved letters of map change listed
pursuant to 38.600.110.A.1.
100-year flood. A flood having a one % chance of being equaled or exceeded in any given year. A 100-
year flood is the same as a base flood.
Open space. A land or water area devoid of buildings and other physical structures except where
accessory to the provision of recreation, including but not limited to benches, picnic tables and
interpretive signage.
Open space, usable. That space which is capable of being used by the public for recreation, relaxation
and social purposes. Parking lots and perimeter landscaping are specifically excluded from this
definition of usable open space.
Ordinary high-water mark. The outermost line caused by water impressing on land and covering it for
sufficient periods to cause physical characteristics that distinguish the area below the line from the
area above it. Characteristics of the area below the line include, when appropriate, but are not limited
to, deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural
vegetative value. A floodplain adjacent to surface waters is not considered to lie within the surface
water's high-water marks.
Outside storage. A use engaged in the storage, not within a fully enclosed structure or building, of
manufactured products, supplies, equipment, or the bulk storage of materials other than those
that are inflammable or explosive or that present hazards or conditions commonly recognized as
offensive.
Overlay district. A zoning district superimposed upon an underlying zone which establishes special
requirements in addition to, or in lieu of, those of the underlying zone.
Owner. For purposes of 38.600 an owner is any person or entity that has dominion over, control of, or
title to an artificial obstruction.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-25 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
sec. 38.800.170. - P definitions.
Parapet. That part of the wall which extends above the roof. For the purposes of this chapter relating to
signage, the top of the parapet is considered to be the roofline.
Figure 38.800.170-1. Parapet (for signage).
Park. For the purposes of this chapter only, park means an open space, as defined in this chapter,
under the ownership or other legal control of the city which provides area for active and passive
recreational purposes.
Parking area. An area, other than a street or alley designated for use, or used, for temporary parking of
vehicles.
Parking space, off-street. A space designated for the temporary parking of a motor vehicle not on the
right-of-way or alley but accessible from a street or alley.
Pathway. A facility that accommodates the recreational and/or transportation needs of those using active
transportation modes to move throughout the community.
Paved parking space. An area covered by an impervious dust-free surface of asphalt or concrete
designed to specifications of the city.
Pedestrian-oriented open space. Publicly accessible spaces that enliven the pedestrian environment by
providing opportunities for outdoor dining, socializing, relaxing and provide visual amenities that can
contribute to the character of the neighborhood. See 38.260.040.C.3 for pedestrian-oriented open
space design criteria.
Pennant. Any lightweight plastic, fabric or other material, whether or not containing a message of any
kind, suspended from a rope, wire or string, usually in series, designed to move in the wind.
Permitted use. A use that may be approved by issuance of a ministerial permit.
Pervious pavement. A paving material that permits water penetration to a soil depth of 18 inches or
more. Pervious, or permeable, pavement may consist of nonporous surface materials poured or laid
in sections not exceeding one square foot in an area and collectively comprising less than two-thirds
of the total surface area.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-26 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Personal and convenience services. Businesses offering services such as barbershops, beauty shops,
tailors, shoe repair, tattooing, massage, laundromats, laundry and dry cleaning pickup and delivery
stations, and similar uses. Some production of finished goods may occur as an activity accessory to
the delivery of services.
Personal property. Any movable or intangible thing that is subject to ownership and not classified as real
property.
Persons. Includes any individual or group of individuals, corporations, partnerships, associations or any
other organized group of persons, including state and local governments and agencies thereof.
Planned unit development (PUD). A land development project consisting of residential clusters, industrial
parks, shopping centers, or office building parks or any combination thereof that compose a planned
mixture of land uses built in a prearranged relationship to each other.
Planning commission. The advisory body with duties assigned by the city commission regarding land use
planning, subdivision, and zoning. The city commission has designated the community development
board as the planning commission.
Plat. A graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
Plaza. An area generally open to the public on a controlled basis and used principally for passive
recreational activities and relaxation. Plazas are paved areas typically providing amenities such as
seating, drinking and ornamental fountains, art, trees and landscaping for use by pedestrians.
Pole sign. A freestanding sign which is supported by a column or other structural member that is
permanently attached to the ground, or a ground-mounted structure and provides a minimum of
eight feet of visible, vertical clearance between the bottom of the sign and finished grade.
Portable sign. Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means
of wheels; signs converted to A- or T-frames; balloons used as signs; umbrellas used for advertising;
and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless
said vehicle is used in the normal day-to-day operations of the business.
Preliminary plat. A neat and scaled drawing of a proposed subdivision showing the layout of streets,
alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by the Planning
Administrator.
Primary access. The major access to a subdivision. The major access generally carries the most traffic as
determined by the traffic engineering study.
Principal building. A building in which is conducted the main, or principal, use of the lot on which the
building is situated.
Principal use. A use or structure which determines the predominant use of the lot on which it is located.
The principal use is that use which establishes the character of the property relative to surrounding or
adjacent properties.
Private street. A right-of-way usable by the public but maintained by a property owners' association.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-27 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Production, manufacturing and generation facility (electric or gas). A public or private utility facility or
piece of infrastructure which produces or stores energy.
Projecting sign. Any sign affixed to a building or wall in such a manner that its leading edge extends
more than six inches beyond the surface of such building or wall and is perpendicular to such
building or wall.
Property owner. Any person, firm, corporation or other entity shown as being the legal owner of a tract,
parcel or lot in the records of the county clerk and recorder.
Property owners' association. An association incorporated or not incorporated, combining individual
property ownership with shared use or ownership of common property or facilities, or shared
maintenance of subdivision or community facilities. This definition includes condominium
associations.
Public building. A building, supported by government funds, to be used in an official capacity on behalf
of the entire community.
Public health and safety. A condition of optimal well-being, free from danger or injury, for a community
at large, not merely for an individual or small group of persons.
Public improvement. Any structure or facility constructed to serve the residents of a subdivision or the
general public such as parks, streets, sidewalks, curbs, gutters, street lighting, utilities and systems for
water supply, sewage disposal and drainage.
Public street or road. A street or road for which the right-of-way has been dedicated to the public.
Public utility. The meaning provided in 69-3-101, except that for the purposes of the Montana Land Use
Planning Act, the term includes a county water or sewer district as provided for in Title 7, chapter
13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems
established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and
44.
sec. 38.800.180. - Q definitions.
(Reserved).
sec. 38.800.190. - R definitions.
Real property. Land and anything growing on, attached to, or erected on it, excluding anything that may
be severed without injury to the land. Real property also includes easements.
Rear setback. A setback extending across the full width of the lot located adjacent to the rear lot line.
Reasonable accommodation. A process for providing flexibility in the application of city land use
and zoning regulations and procedures, or even waiving certain requirements, when necessary to
eliminate barriers to equal housing opportunities guaranteed under applicable non-discrimination
laws. It may include flexible application of regulations such as: the definition of household;
authorized uses in zone districts; setback area modifications for ramps, handrails or other such
accessibility improvements; hardscape additions, such as widened drive aisles, parking area or
walkways; building additions for accessibility; or reduced off-street parking where the disability
clearly limits the number of people operating vehicles. Reasonable accommodation does not include
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-28 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
an accommodation which would (1) impose an undue financial or administrative burden on the
city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.
Reasonable accommodations are subject to all laws that require or regulate planning, zoning or
subdivision and platting.
Recreational vehicle. A vehicular-type portable structure without permanent foundation, which is
built on a single chassis; which is 400 square feet or less when measured at the largest horizontal
projection; which is designed to be self-propelled or permanently towable by a light-duty
truck; which is primarily designed not for use as a permanent dwelling but as temporary living
accommodations for recreational, camping and travel use and including, but not limited to, travel
trailers, truck campers, camping trailers and self-propelled motor homes.
Recreational vehicle park. A plot of ground upon which two or more sites are located, established or
maintained for occupancy by the general public as temporary living quarters for travel, recreation or
vacation purposes.
Recreational vehicle space. A lot for rent or lease within a recreational vehicle park designed for the
placement of a single recreational vehicle and the exclusive use of its occupants.
Regulated flood hazard area. Land area which has been specifically identified in 38.600.110 as subject
to base flood hazards, which may consist of the special flood hazard area, regulatory floodway, and
flood fringe where specifically designated.
Regulatory floodway. That portion of the special flood hazard area designated by FEMA in the official
flood insurance study and flood insurance rate maps as being the regulatory floodway that must
be reserved in order to discharge the base flood without cumulatively increasing the base flood
elevation more than one-half-foot.
Relocation. Any movement of a structure, on the same site or to another site.
Repair. Any change not otherwise construed as light construction or an alteration, as defined in this
division, that constitutes replacing broken, worn or damaged materials with like, not necessarily
identical, materials and is insignificant to the size and condition of the structure or property.
Repainting and reroofing is included under this definition of repair.
Required side building line. The line nearest to the side and extending between the required front
building line and required rear building line establishing the minimum open space to be provided
between the side line of a building and the side lot line. See also the definition of "setback line."
Restaurant. An establishment which prepares and sells ready-to-eat food and beverages for on- or off-
premise consumption. Includes coffee shop, tea shop, bakery, cafe, ice cream parlor, diner, juice bar,
and other similar uses.
Retail. A facility involved in the rental or sale of new or used tangible personal property for any purpose
other than for resale.
Retail, large scale. The sale of tangible personal property for any purpose other than for resale where the
total area utilized by a single tenant, exclusive of parking, occupies 40,000 square feet or more.
Review Authority. The entity charged with making a decision on a subject. Authority per subject is
established in 38.700.010.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-29 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Revolving sign. Any sign which all, or a portion of, mechanically rotates either on an intermittent or
constant basis around a central axis.
Right-of-way. A linear public way established or dedicated for public purposes by duly recorded plat,
deed, easement, grant, prescription, condemnation, governmental authority or by operation of the
law and intended to be occupied by a street, crosswalk, shared use path, bike lane, walking trail,
railroad, electric transmission lines, water line, sanitary sewer line, storm sewer line or other similar
uses.
Riprap. Stone, rocks, concrete blocks, or analogous materials that are placed along the bed or banks of a
watercourse or drainway for the purpose of preventing or alleviating erosion.
Roadway. That portion of the street or road right-of-way which is improved or is proposed to be
improved to carry traffic and provide for the on-street storage of automobiles; where curb is
provided, the roadway is measured from back-of-curb to back-of-curb.
Roof sign. Any sign erected and constructed on or over the roof of a building, supported by the roof
structure, or extending vertically above any portion of the roof. Roof signs do not include signs
located on a mansard roof if the sign is mounted vertically and integrated with the roof. For the
purpose of this division, architecturally integrated mansard signs and other architecturally integrated
signs located below the principal roofline are classified as wall signs.
Rowhouse. A dwelling unit that shares one or more common or abutting walls with one or more
dwelling units. A rowhouse does not share common floors/ceilings with other dwelling units.
Rowhouse cluster. A building consisting of three or more rowhouses.
sec. 38.800.200. - S definitions.
Salvage yard. An establishment where two or more motor vehicles not in running condition and/or
two or more unlicensed motor vehicles, or parts thereof, are stored in the open and are not being
restored to operation; or any land, building or structure used for the wrecking, dismantling, storage or
abandonment of motor vehicles or parts thereof.
School. Any:
1. Pre-primary, primary or grammar, public, parochial or private school or high school;
2. Preparatory school or academy, public or founded, or owned or conducted by or under the
sponsorship of a religious or charitable organization;
3. Private preparatory school or academy furnishing courses of instruction substantially equivalent
to the courses offered by public high schools for preparation of admission to college or
universities which award B.A. or B.S. degrees;
4. Junior college or university, public or founded, or conducted by or under the sponsorship of a
religious or charitable organization; or
5. Private school when not conducted as a commercial enterprise for the profit of individual owners
or stockholders.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-30 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
School - business, trade, technical, or vocational. An educational use that offers technical or
professional training or higher education, where the courses of instruction relate primarily to the
industrial arts and vocational and technical subjects.
Scour depth. The maximum depth of streambed scour caused by erosive forces of the base flood. Scour
may be categorized as localized or general depending upon its location and proximity to artificial
obstructions.
Screening. A method of visually shielding or obscuring an abutting or nearby structure or use from
another through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).
Security lighting. All outdoor lighting used for, but not limited to, illumination for walkways, roadways,
equipment yards, parking lots and outdoor security where general illumination for safety or security
of the grounds is the primary concern.
Setback. The required distance from the property line to the nearest part of the applicable building,
structure or sign, measured perpendicularly to the property line. Setback also refers to a space on
the same lot with a principal building, which is open and unoccupied from the ground upward or
from the ground downward other than by steps, walks, terraces, drive aisles, lamp posts and similar
structures, and unobstructed by structures, except as otherwise provided in this chapter. Watercourse
setbacks are measured from the watercourse, not from a building or property line.
Setback line. That line that is the required minimum distance from the street right-of-way or public
access easement line or any other lot line that establishes the area within which structures must be
placed, as specified in this chapter. For watercourse setbacks, the setback line is measured from the
nearest edge of the watercourse.
Sewer, public. Any sanitary sewer line owned and maintained by the city, whether or not installed by the
city.
Shared access. A fixed automotive and pedestrian access location from a street to two or more
adjoining properties which mutually have the right and ability to use the access, and which has been
established by an easement or other legally binding means.
Shopping mall. A multi-tenant retail structure where tenants are located on both sides of a covered
walkway with direct pedestrian access to all establishments from the walkway.
Short term rental. A vacation home, tourist home as defined in MCA 50-51-102, a dwelling as defined in
38.800.050, accessory dwelling unit, or room within a vacation home or dwelling, which is rented to
the general public for compensation for transient occupancy as provided for in 38.320.060.B.
Side setback. A setback extending between the front building line and the rear building line, the width of
which is the least distance between the side lot line and the nearest part of the principal building.
Sign. Any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol
or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
Single-room occupancy development. A development with dwelling units in which residents rent
a private bedroom with a shared kitchen and bathroom facilities. A single room occupancy
development may be conducted within another allowed residential use.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-31 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Single-unit dwelling. A building designed for one dwelling unit that is detached from any other dwelling
unit. A single-unit dwelling may be built on-site, a factory built home, or a manufactured home as
these terms are defined in MCA 76-25-103.
Site plan. A scale drawing showing the accurate location of all structures, streets, alleys and parking
areas, existing and proposed, on subject property or any other information as may be required by this
chapter.
Small-scale commercial center. Commercial uses oriented at serving the needs of areas of 1-2 square
miles. These areas are typified by smaller scale shops and services, and a high level of pedestrian,
bicycle and transit opportunities. Small-scale commercial centers are intended to support and help
give identity to regions of the city by providing a visible and distinctive focal point. A small-scale
commercial center may also contain uses that draw from more than the immediate vicinity, especially
when located adjacent to arterial streets. Activities commonly expected in this classification are
daycares, smaller scale groceries, bakeries, coffee shops, retail stores, small restaurants without drive-
through facilties, offices, and similar uses, and may include residences above other uses.
Small-scale wireless facility. A wireless facility less than 25 feet in height from the base to the highest
point including attachments. Examples of supporting structures are monopoles, self-supporting
(lattice) towers, guy-wire supported towers and other similar structures. When calculating the height
of a facility, other structures designed for other uses such as buildings or water towers may not be
included in the calculation. This definition excludes those facilities meeting the definition of a micro-
scale wireless facility.
Small tree. A tree of a species which normally reaches a height of less than 25 feet upon maturity.
Soil. A medium in which plants will grow.
Solid waste landfill. An area or facility devoted to the long-term storage of solid waste.
Solid waste transfer station. A solid waste management facility which collects and temporarily stores
solid waste for transfer to a different processing facility or solid waste landfill.
Special flood hazard area. Land area which has been specifically identified by FEMA on a flood insurance
rate map as being subject to the base flood. The special flood hazard area contains the regulatory
floodway. Any building with a federally backed loan located in the special flood hazard is mandated
by federal law to carry flood insurance.
Square. Open space that may encompass an entire block, is located at the intersection of important
streets, and is set aside for civic purposes, and consists of paved walks, lawns, trees and civic
buildings.
Stable, commercial. Any building or complex of buildings and pastures which is designed, arranged, used
or intended to be used for equestrian purposes, where less than 75 % of the capacity is for the use of
the owner or resident of the property. A public stable is an agricultural activity.
Stable, private. Any building located on a lot which is designed, arranged, used or intended to be used
for horses for the private use of the owner of the lot.
Start of construction. The commencement of clearing, grading, filling or excavating to prepare a site
for construction, and for purposes of 38.600 start of construction includes substantial improvement,
and means the date the building permit was issued, provided the actual start of construction, repair,
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-32 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of
the permit date. The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land preparation, such as clearing,
grading and filling; nor does it include the installation of streets and/or walkways; nor does it include
excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the building.
Stealth or camouflaged. Placement of a wireless facility in such a way that it may not be discerned as
being separate from the principal use of a site. This may be accomplished through visual screening,
use of color or encasement of the facility within an existing structure such as a steeple. A stealth
installation may also include the placement of a new structure to contain the facility so long as the
new structure complies with the height, setback and other requirements of the zoning code or is
otherwise exempt from those requirements.
Street. A right-of-way, dedicated or otherwise legally established, for public use by motorized and
non-motorized vehicles and pedestrians, usually affording the principal means of access to abutting
property.
Story. The part of a building included between the surface of one floor and the surface of the next floor
above, or if there is no floor above, then the ceiling above. A mezzanine does not count as a story.
Street frontage. Any property line separating a lot from a street other than an alley.
Street, public. Any street which has been dedicated to the public or is otherwise publicly owned. Any
street not a public street is deemed a private street.
Street types. For the purposes of these regulations, street types are defined as follows:
1. Alley. A street used primarily for vehicular access to the rear of properties which abut and are
served by public or private streets.
2. Arterial. A street or road having the primary function of moving traffic with emphasis on a high
level of mobility for through movement and the secondary function of providing limited access
to adjacent land. Arterial streets are generally designated in the city transportation plan, however,
streets not depicted in the city transportation plan may be designated as arterials by the review
authority specified in 38.700.010.
a. Principal arterial. Serves the major centers of activity, the highest traffic volume corridors,
and the longest trip distances in an urbanized area. This group of streets carries the highest
proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000
vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most
through traffic bypassing the central business district, utilize principal arterials. Significant
intra-area travel, such as between central business districts and outlying residential areas, and
between major suburban centers, are served by major arterials.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-33 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
b. Minor arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis
on traffic mobility, this street network includes all arterials not classified as principal arterials
while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000
vehicles per day.
3. Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business and industrial areas. This type of roadway differs from those
of the arterial system in that the facilities on the collector system may traverse residential
neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods, channeling
it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. Collector
streets are typically designated in the city transportation plan, however, additional streets may be
designated as collectors by the review authority specified in 38.700.010.
4. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround
area.
5. Dead-end street. A street having only one outlet for vehicular traffic.
6. Half-street. A portion of the width of a street, usually along the outside perimeter of a subdivision,
where the remaining portion of the street must be located on adjacent property.
7. Local street. A street having the primary purpose of permitting access to abutting lands and
connections to higher systems. Generally, service to higher speed traffic movements are
intentionally discouraged. They typically carry 1,000 to 3,000 vehicles per day but can carry in
excess of 6,000.
8. Loop. A local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
Structure. Anything constructed or erected which requires location on the ground; and for the purposes
of floodplain review anything which may impede, retard or alter the pattern of flow of water in a
floodplain.
Structural alteration. Any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams or girders, or any change in the exterior walls or the roof.
Studio apartment. A dwelling unit containing only one habitable room as defined and regulated by the
most recently adopted International Building Code.
Subdivider. Any person, firm, corporation or other entity who causes land to be subdivided or who
proposes a subdivision of land.
Subdivision. A division of land or land so divided that it creates one or more parcels containing
less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
government section, exclusive of public roadways, in order that the title to the parcels may be sold,
or otherwise transferred, and includes any resubdivision, or condominium. The term also means an
area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which
recreational camping vehicles or mobile homes will be placed.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-34 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Subdivision guarantee. A form of guarantee that is approved by the commissioner of insurance and is
specifically designed to disclose the information required in MCA 76-25-413.
Substantial damage. For purposes of 38.600, damage of any origin sustained by a building or structure
whereby the cost of restoring the building or structure to its before damaged condition would equal
or exceed 50 % of the market value of the building or structure before the damage occurred.
Substantial improvement. Any repair, reconstruction or improvement of a structure, the cost of which
equals or exceeds 50 % of the market value of the structure either:
1. Before the improvement or repair is started; or
2. If the structure has been damaged, and is being restored, before the damage occurred. For
the purposes of this definition, substantial improvement is considered to occur when the first
construction to any wall, ceiling, floor or other structural part of the building commences. The
term "substantial improvement" does not include:
a. Any project for improvement of a structure to comply with existing state or local health,
sanitary or safety code specifications which are solely necessary to ensure safe living
conditions; or
b. Any alteration of a structure listed on the National Register of Historic Places or state
inventory of historic places.
Suitable fill. Fill material which is stable, compacted, well graded, and pervious; not adversely affected by
water and frost; devoid of trash or similar foreign matter, tree stumps or other organic material; and is
fitting for the purpose of supporting the intended use, building, or structure.
Surveyor (registered land surveyor). A person licensed in conformance with the Montana Professional
Engineers, Registration Act (MCA 37-67-101 through 37-67-332) to practice surveying in the state.
Swap meet. Any permanent or temporary sales or lot where the sale or trade of goods, materials and
merchandise takes place outside any permanent structure, from within temporary structures or from
vehicles and where several sellers or traders may congregate for the purpose of selling or trading.
sec. 38.800.210. - T definitions.
Temporary irrigation. A temporary watering system designed to transport and distribute water to
landscape plants for a limited period, primarily used during the establishment period, after which time
the irrigation is terminated or abandoned.
Temporary protective measures. A use, activity, or artificial obstruction that is readily implemented upon
commencement of a flooding emergency for the purpose of protecting existing buildings, structures,
and life safety that is not located in the channel of the regulatory floodway and is readily removed
upon cessation of the flooding emergency.
Temporary sign. Any advertising display that appears to be intended or is determined by the code official
to be displayed for a limited period of time rather than permanently attached to the ground or a
structure.
Temporary use. A use established for a fixed period of time with the intent to discontinue such use upon
the expiration of the time period.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-35 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Three-unit dwelling or triplex. An individual building designed for three attached dwelling units in which
the separate dwelling units share a common separation, such as a ceiling or wall, and in which access
cannot be gained between the units through an internal doorway, excluding common hallways.
Transit stop. Improvements and facilities at selected points along transit routes for passenger pickup,
dropoff and waiting. Facilities and improvements may include shelters, benches, signs, structures and
other improvements to provide security, protection from the weather and access to nearby services.
Townhouse. A dwelling unit, located on its own lot, which shares one or more common or abutting walls
with each wall having no doors, windows or other provisions for human passage or visibility with
any other dwelling units, each located on its own lot. A townhouse does not share common floors/
ceilings with other dwelling units. Each of the attached dwelling units must have:
1. Independent water and sewer service lines and metering pursuant to the applicable plumbing
code and all other city regulations;
2. Individual services for all private utilities; and
3. A two hour fire separation separating the dwelling unit from any adjoining dwelling units.
Townhouse cluster. A building consisting of three or more dwelling units, each meeting the definition of
a townhouse, placed side-by-side and/or back-to-back.
Tract of record. An individual parcel of land, irrespective of ownership, that can be identified by legal
description, independent of any other parcel of land, using documents on file in the records of the
county clerk and recorder's office.
Transitional and emergency housing. The use of a site by a government or non-profit agency for
individuals and/or households who are making the transition from homelessness to community
living or who are in need of emergency housing. Other names for this use include warming center,
transitional shelters, transitional living programs and transitional housing programs. This type of use
may include on-site related services and facilities for residents and may also include services and
facilities for non-residents if permitted by the underlying zone.
Trellis. A frame supporting open latticework used as a screen or a support for growing vines or plants.
Truck, bus or rail terminal. A facility intended for freight or passenger pick-up, transfer, or distribution by
rail, truck, or bus, including associated facilities such as a rail yard.
Truck, bus repair, washing, & fueling. The use of a site for the provision of fuel to commercial trucks or
buses, or for the repair or cleaning of commercial trucks, buses, and vehicles.
Turfgrass or turf. A relatively high water use ground cover surface of grass and the surface layer of earth
held together by its roots, including but not limited to cool season lawn grasses.
Two-unit dwelling or duplex. An individual building designed for two attached dwelling units in which
the separate dwelling units share a common separation, such as a ceiling or wall, and in which access
cannot be gained between the units through an internal doorway.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-36 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
sec. 38.800.220. - U definitions.
Upper Story. Any story located above the ground story. The top-most story of a building is considered
a half story, rather than a full story, when it is entirely contained within the roof form of the building
and occupies less than 50% of the floor area of the story immediately below.
has a clear height of more than 7.5 feet, measured from the finished floor to the finished
ceiling;
Uniformity ratio. In outdoor lighting, a measure indicating how evenly light is distributed across a
surface as expressed in a ratio of one value to another, such as average to minimum, or maximum to
minimum. Using ratios, perfect uniformity would be 1:1.
Urban farm. A facility where food crops or nonfood, ornamental crops such as flowers are cultivated,
processed, and distributed. Urban farming is generally practiced for profit or food producing activities.
Usable lot area. The portion of an area of a lot exclusive of setbacks or other building restrictions within
which structures subject to setbacks may be placed.
USACE. When referred to in this chapter, USACE means the United States Army Corps of Engineers.
Use. The employment or occupation of a building, structure or land for a person's service, benefit or
enjoyment.
sec. 38.800.230. - V definitions.
Variance. A modification not otherwise authorized by administrative action in this chapter of the
provisions of this chapter and requiring specific findings per 38.760.060 as applied to a specific piece
of property.
Vertical building modulation. A stepping back or projecting forward of vertical walls of a building face,
within specified intervals of building width and depth, as a means of breaking up the apparent bulk
of a structure's continuous exterior walls. Vertical building modulation may be used to meet façade
articulation standards set forth in 38.520.040.
Violation. The failure of a structure, subdivision, use of land or other development to be fully compliant
with this chapter.
sec. 38.800.240. - W definitions.
Walk shed. The geographic area from which a destination can be reached on foot within approximately 1
mile or 20 minutes, measured along existing and planned pedestrian routes, including on-street and
off-street facilities, that meet locally adopted design and safety standards.
Wall sign. Any sign painted on, attached to or erected against the wall of a building, structure, canopy or
awning with the exposed face of the sign parallel to the plane of said wall or structure. The sign must
be attached in a manner so that it does not extend six inches beyond the wall.
Warehousing. A use engaged in storage, wholesale, and distribution of manufactured products, supplies,
equipment, excluding bulk storage of materials that are inflammable or explosive or that present
hazards or conditions commonly recognized as offensive.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 8-37 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Warehousing (mini-storage). A building or group of buildings in a controlled access and fenced or
screened compound that contains relatively small storage spaces of varying sizes and/or spaces for
recreational vehicles or boats, having individual, compartmentalized and controlled access for the
dead storage of excess personal property of an individual or household generally stored in residential
accessory structures, when such building or group of buildings are not located on the lot of the
residence.
Watercourse. Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all
of the water is naturally occurring, such as runoff or springs, and which flows either continuously
or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto
subject to inundation by reason of overflow. In the event of a braided or other multiple channel
configuration of a watercourse, the area of the watercourse is that area lying between the two
outermost high-water marks, as defined in this chapter. The term "watercourse" does not mean any
facility created exclusively for the conveyance of irrigation water or stormwater. The city may consult
with other agencies with expertise in this matter when there is a question of whether a particular
water body is a watercourse.
Watercourse Setback. A fixed distance applied from the ordinary high-water mark.
Way-finding signage. A set of coordinated signs which are intended to give directional guidance to and
within a defined district and to assist pedestrians or vehicles in finding areas of common interest or
convenience.
Wetland. Those areas that are inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence
of vegetation typically adapted for life in saturated soil conditions, and meet the established criteria
briefly described below:
1. Vegetation. A prevalence of hydrophytic vegetation. Hydrophytic species, due to morphological,
physiological, and/or reproductive adaptation, have the ability to grow, effectively compete,
reproduce, and/or persist in anaerobic soil conditions.;
2. Soils. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long
enough during the growing season to develop anaerobic conditions in the upper part.; and
3. Hydrology. The area is inundated either permanently or periodically, or the soil is saturated to
the surface at some time during the growing season of the prevalent vegetation at a duration
sufficient to induce anaerobic and reducing conditions.
Wetland Buffer. Except for the minimum buffer established by this chapter, a variable distance applied
from the edge of a delineated wetland and determined by the review authority based on an analysis
of the resource and expected adjacent activities as necessary to protect the wetland from adverse
impacts to its function and value.
Wholesale. The sale of goods and merchandise for resale instead of for direct consumption.
Wildlife. Animals that are neither human, domesticated, nor feral descendants of commonly
domesticated animals.
Wildlife habitat. The place or type of habitat where wildlife naturally lives.
Window sign. Any sign painted, attached, glued or otherwise affixed to a window or suspended within 18
inches behind a window for the purpose of being visible from the exterior of the building.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20258-38 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
ARTICLE 8 - DEFINITIONS
Wireless facility. An unstaffed facility for the transmission or reception of radio frequency (RF),
microwave or other signals for commercial communications purposes, typically consisting of an
equipment enclosure, an antenna support structure and one or more antennae. This definition
excludes amateur radios, Essential Services (Type I), satellite earth stations and private receive-only
antennae, such as for the reception of television signals.
Wrecking yard. A place, lot or area where the primary function is that of dismantling, storage,
abandonment or sale of goods and materials as parts or scraps.
sec. 38.800.250. - X definitions.
(Reserved).
sec. 38.800.260. - Y definitions.
(Reserved).
sec. 38.800.270. - Z definitions.
Zoning map. A map with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this chapter.
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 9-1 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
REVISIONS TO 10/29/2024 PUBLIC ENGAGEMENT DRAFT
List of Significant Changes included in this Public Hearing Draft
Section Number Page Number Change Reason
Multiple Multiple Update MLUPA references*Record codified sections of the Montana Land Use Planning Act
Multiple Multiple
Align UDC with engineering standards Ensure alignment between the UDO and related planning documents, including updated engineering standards
Sec. 38.110.010.pg. 1-5 Clarify the scope and purpose of reference documents Ensure clearer guidance on how the code interacts with other City documents
Division 38.210.;
Sec. 38.300.020.Deleted
Remove R-MH as a zoning
district and manufactured home
community as a use*
Remove districts and uses that
exclude manufactured homes
from certain residential districts
Article 2 -
Zoning Districts Deleted
Remove maximum building
size, upper story height, and
maximum ground story height as
zoning standards
Simplify zoning standards to
regulate the mass and scale of
buildings
Article 2 -
Zoning Districts;
Sec. 38.260.100.
Multiple;
pg. 2-105 -
pg. 2-109
Measure building height in feet
and update maximum building
heights across zoning districts*
Simplify standards for building
height and update maximum
building heights citywide
Sec . 38.210.020.;
Sec . 38.210.030.
pg. 2-8 - pg. 2-11
Reduce maximum building height in R-A; Revise wall plate height standard to distinguish between R-A and R-B
Manage the mass and scale of buildings in this district to better reflect existing development patterns
Sec. 38.260.030.pg. 2-80 -
pg. 2-81
Remove restricted development
areas from density calculations
Provide more clarity to calculate
minimum density and coordinate
with updated wetland standards
Sec. 38.260.050.pg. 2-89 -
pg. 2-91
Update boulevard tree spacing
standards
Provide more flexibility in
meeting street tree standards
Sec. 38.260.070.pg. 2-95 -
pg. 2-98
Revise zone transitions to
increase transition standards
Introduce additional transition
standards for higher-intensity
development adjacent to
residential districts
Sec. 38.300.020.pg. 3-4 -
pg. 3-7
Add new permitted uses,
including 3- and 4-unit
dwellings, private schools (K–12),
urban farms, etc.
Update use permissions in select residential, commercial, and mixed-use districts
Sec. 38.300.020.pg. 3-4 -
pg. 3-7
Expand non-residential uses
in R-B and R-C districts with
associated standards
Provide more flexibility for
residents to engage in a wider
variety of uses, including general
retail, in residential districts
Sec. 38.310.010.pg. 3-8 -
pg. 3-9
Clarify wording on submittal
requirements for agricultural
water user facilities
Improve administrative
requirements for agricultural
water user facilities
Sec. 38.320.040.;
Sec. 38.800.070.
pg. 3-18;
pg. 8-15
Add new definitions and use
standards for fraternities and
sororities
Introduce additional
requirements for some group
residential uses
*Revisions to the public engagement draft required by state law
PUBLIC HEARING DRAFT | SEPTEMBER 19, 20259-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
REVISIONS TO 10/29/2024 PUBLIC ENGAGEMENT DRAFT
List of Significant Changes included in this Public Hearing Draft
Section Number Page Number Change Reason
Sec. 38.320.060.pg. 3-21 - pg. 3-29
Integrate previously adopted short-term rental standards Introduce additional requirements for regulating lodging uses in eligible zoning districts
Division 38.340.pg. 3-54 - pg. 3-66
Integrate previously adopted affordable rental housing standards
Update the affordable rental housing program to incentivize the production of affordable rental units
Sec. 38.400.100.pg. 4-13
Updated street vision triangles Ensure alignment between the UDO and related planning documents, including AASHTO guidelines
Sec. 38.530.040.pg. 5-39 -
pg. 5-48
Update vehicle parking space
standards*Introduce vehicle parking
requirements for new group
residential uses and comply with
state law
Sec. 38.530.050.pg. 5-48 -
pg. 5-49
Update parking facilities
standards
Improve requirements for shared
parking arrangements
Sec. 38.530.060.pg. 5-49
Update off-site parking standards Improve standards for off-site
parking, including both on- and
off-street facilities
Table 38.530.070-1 pg. 5-50
Update minimum bicycle parking
requirements for short- and
long-term use
Simplify bicycle parking
requirements for general
residential uses
Table
38.550.060-2.pg. 5-71
Update non-residential sign
standards for R-C and R-D
districts
Introduce additional
requirements for signs in
residential districts
Sec. 38.550.170.pg. 5-80 -
pg. 5-81
Update standards for historic or
culturally significant signs
Improve regulations for unique
sign types citywide
Division 38.610.pg. 6-30 -
pg. 6-37
Integrate previously adopted wetland regulations Improve standards for regulating wetlands and similar natural environments
Division 38.620.pg. 6-38 -
pg. 6-42
Integrate previously adopted watercourse setback standards Improve standards for regulating watercourses and similar natural environments
Division 38.710.pg. 7-14 -
pg. 7-45
Expand and clarify submittal
requirements related to the
environment
Ensure compliance with regulations related to the natural environment and its resources
*Revisions to the public engagement draft required by state law
PUBLIC HEARING DRAFT | SEPTEMBER 19, 2025 9-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
REVISIONS TO 10/29/2024 PUBLIC ENGAGEMENT DRAFT
List of Significant Changes included in this Public Hearing Draft
Section Number Page Number Change Reason
Sec. 38.710.120.pg. 7-45 - pg. 7-48
Incorporate new standards for submittal materials for activities in or adjacent to wetlands and watercourses
Improve administrative
requirements for permits
and legislative actions and
procedures to comply with the
Montana Land Use Planning Act
and system improvements
Sec. 38.710.180.pg. 7-52 Incorporate new standards for submittal materials for text or map amendments
Sec. 38.710.190.pg. 7-52 -
pg. 7-54
Incorporate new standards for submittal materials for concept plans
Sec. 38.710.190.pg. 7-53
Clarify standards for notice to
and consultation with ditch
owners*
Division 38.730.pg. 7-59 -
pg. 7-61 Update noticing standards*
Division 38.740.pg. 7-62 -
pg. 7-81
Update plan review standards
and procedures, including
updated standards for public
comment on applications*
Division 38.750.pg. 7-82 -
pg. 7-105
Update subdivision standards and
procedures, including updated
standards for public comment on
applications*
Article 8 -
Definitions
pg. 8-1 -
pg. 8-38
Add new and revise existing
terms and definitions cited
throughout the docuemnt*
Comply with state law and
respond to public comment
*Revisions to the public engagement draft required by state law