HomeMy WebLinkAbout12-16-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence or Mindfulness
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
F.1 Formal Cancellation of the December 23, 2025 Regular City Commission Meeting (Newby)
F.2 Accounts Payable Claims Review and Approval (Edwards)
F.3 Authorize the City Manager to Sign a Second Addendum to a Memorandum of
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, December 16, 2025
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
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Understanding with Bozeman School District 7 for the Development and Use of Additional
Facilities at the Bozeman Sports Park(Henderson)
F.4 Authorize the City Manager to Sign the Notice of Award for Construction of Bozeman Sports
Park Phase 2 (PTD29), to Williams Civil Construction, Inc., in the Amount of $1,723,664.50,
and Final Contract Documents Once Received(Jadin)
F.5 Authorize the City Manager to Sign the Field 13 Contract with Field Turf USA,
Incorporated(Jadin)
F.6 Submission to the Department of Housing and Urban Development (HUD), of the
Consolidated Annual Performance and Evaluation Report (CAPER) for the HUD Community
Development Block Grant (CDBG) Program Year 1, July 7, 2024 - September 30, 2025.(Brit
Fontenot)
F.7 Authorize the City Manager to sign an agreement with the State of Montana Department of
Health and Human Services for voluntary intergovernmental transfers related to providing
ambulance transports for Medicaid.(Waldo )
F.8 Authorize the City Manager to sign an Amendment 1 to the PSA with The Nest Collective,
LLC for the Sustainable Management Program Education and Outreach(Clark)
F.9 Authorize the City Manager to Sign an Amendment 1 to the PSA with The Nest Collective,
LLC for Public Relations Services(Clark)
F.10 Authorize the City Manager to Sign Amendment 10 to the Professional Services Agreement
for the Field Survey Term Contract with Sanbell, to Facilitate design of a Food Truck and RV
Dump Site at the Gallatin County Fairgrounds(Gamradt)
F.11 Authorize the City Manager to Sign a Task Order 12 with Sanbell Rocky Mountain for Bidding
Services, Construction Management, and Inspection of Four Urban Renewal Lighting
Projects(DiTommaso)
F.12 Resolution Authorizing the City Attorney to Appoint Outside Counsel to Prosecute
Misdemeanor Offenses Upon a Conflict(Sullivan)
F.13 A Resolution of the City Commission of the City of Bozeman, Montana, Accepting the Real
Property Currently Known as Gardner Park.(Knapper)
F.14 Final Adoption of an Ordinance Creating a Tenant Right to Civil Counsel and a
Landlord/Tenant Mediation Program.(Saverud)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name, and state whether you are a resident of the city or a
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H. Special Presentation
H.1 Bozeman Climate Plan 2025 Impact Report (Meyer)
H.2 Commission Special Presentation
I. Action Items
I.1 Ordinance 2151 Final Adoption, Repeal and Replacement of all of Chapter 38, Unified
Development Code Including Text and Zoning Map to Comply with the Montana Land Use
Planning Act and Implement the Bozeman Community Plan, Application 21381(Saunders)
I.2 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an
Initial Zoning Designation of R-3 on 17.92 Acres, the L Street Annexation, Application
25360(Rogers)
J. Appointments
J.1 Appointments to the Urban Parks and Forestry Board (Newby)
J.2 Appointments to the Sustainability Board(Newby)
J.3 Appointments to the Economic Vitality Board(Newby)
property owner within the city in an audible tone of voice for the record and limit your comments
to three minutes.
Written comments can be located in the Public Comment Repository.
Consider the Motion: I move that the Commission approve final adoption of Ordinance 2151.
Recommended City Commission Annexation Motion:
Having reviewed and considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report for application 25360
and move to approve the L Street Annexation subject to the terms of annexation and direct staff to
prepare an annexation agreement.
Recommended City Commission Zoning Motion:
Having reviewed and considered the staff report, application materials, public comment,
recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings
presented in the staff report for application 25360 and move to approve the L Street Zone Map
Amendment with contingencies of approval necessary to complete adoption of an implementing
ordinance.
Consider the Motion: I move to appoint up to four members to the Urban Parks and Forestry Board to
a term ending December 31, 2027.
AND
I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair.
Consider the Motion: I move to appoint up to four members to the Sustainability Board to terms
ending December 31, 2027 and one member to a term ending December 31, 2026.
AND
I move to appoint [Insert name] as Chair and [Insert name] as Vice-chair of the Sustainability Board.
Consider the Motion: I move to appoint up to four members to the Economic Vitality Board to a term
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J.4 Appointments to the Community Development Advisory Board(Newby)
J.5 Appointments to the Tax Increment Financing Board(Newby)
K. FYI / Discussion
L. Adjournment
ending December 31, 2027.
AND
I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair of the Economic
Vitality Board.
Consider the Motion: I move to appoint up to two Bozeman Citizen members to the Community
Development Board for terms ending December 31, 2027.
AND
I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the Vice-chair
Consider the Motion: I move to appoint the following:
Commissioner Scott MacFarlane as the Gallatin County representative
Mike Waterman as the Bozeman School District 7 representative
Susan Fraser as the Midtown Urban Renewal District Representative
Natalie Van Dusen as the Northeast Urban Renewal District Representative
Nolan Campbell as a citizen member
Julien Morice as a citizen member
Martin Matsen as a citizen member
AND
I move to appoint [INSERT NAME] as the as the Chair and [INSERT NAME] as the Vice-chair.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chuck Winn, City Manager
SUBJECT:Formal Cancellation of the December 23, 2025 Regular City Commission
Meeting
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Approve cancelling the December 23, 2025 Regular City Commission
Meeting.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Mayor has decided not to meet on December 23, 2025. Per Bozeman
Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission
may cancel a regular meeting if no business is scheduled for that meeting.
This item formalizes this decision to cancel the meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: February 12, 2025
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Memorandum
REPORT TO:City Commission
FROM:Rhonda Edwards, Accounts Payable Clerk
Serena Axelson, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated December 17, 24, and 31, 2025, due to there not being any
meetings on December 23 or 30, 2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Jon Henderson, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Second Addendum to a Memorandum
of Understanding with Bozeman School District 7 for the Development and
Use of Additional Facilities at the Bozeman Sports Park
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Second Addendum to a Memorandum
of Understanding with Bozeman School District 7 for the Development and
Use of Additional Facilities at the Bozeman Sports Park
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City of Bozeman is partnering with Bozeman School District 7 to
construct an artificial turf athletic field (a.k.a. Field 13) at the Bozeman
Sports Park, including the development of a 119 space parking lot, along
with related site plan improvements including a mid-block crossing along
Oak St. and pedestrian pathways to connect to the northern portion of the
Sports Park.
In exchange for the District's financial contribution, the City agrees to allow
priority use of the field. Once completed, the City will be responsible for
costs of maintaining the turf field and related infrastructure. The School
District will be responsible for winter snow removal from the parking lot and
winter maintenance of the mid-block crossing.
On December 10, 2024 the City Commission approved a Memorandum of
Understanding (MOU) to establish the roles and responsibilities for both
parties. A first addendum was approved administratively on July 28, 2025 to
authorize a limited scope of services to allow coordination with concurrent
construction of Field 7. This addendum approves the final site plan and
financing for the project. A subsequent addendum will be necessary to
address use and maintenance.
The mid-block crossing portion of the project is complete with the signal
activated. A construction schedule for the parking lot and installation of the
turf field will be developed following contract approval scheduled before the
City Commission on December 16th. With groundbreaking not likely to
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occur until spring of 2026, every effort will be made to have both the parking
lot and the turf field available for use by the fall of 2026.
This agreement has been reviewed by the Legal Department and found to be
acceptable in meeting the City's specifications and standards.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:Bozeman School District 7 has agreed to fund the project up to $3,000,000,
with the City providing and additional $426,475 as described in Exhibit D.
Attachments:
Memorandum of Understanding - Bozeman Sports Park
School District Project - Amendment 2.pdf
Report compiled on: December 9, 2025
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Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the site plan and financing of additional facilities at the Bozeman Sports Park 1
SECOND ADDENDUM TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY
OF BOZEMAN AND BOZEMAN SCHOOL DISTRICT NO 7 FOR THE SITE PLAN
AND FINANCING OF ADDITIONAL FACILITIES AT THE BOZEMAN SPORTS PARK
This Addendum to Memorandum of Understanding between the City of Bozeman and
Bozeman School District No 7 for the development and use of additional facilities at the
Bozeman Sports Park (this “Addendum”) is made this 8 day of December, 2025, by and between
the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as “City,” and BOZEMAN SCHOOL DISTRICT NO. 7, with a mailing address of
404 West Main Street, Bozeman MT 59715, hereinafter referred to as “School District.” The
School District and City are collectively referred to as “the Parties.”
RECITALS
WHEREAS, the City has authority over real property owned by the City pursuant to
2.08.160, BMC; and
WHEREAS, the School District is a public school district created and operated under
Montana law; and
WHEREAS, the City owns a parcel of real property located south of Baxter Lane, West of
Flanders Mill Road, north of West Oak Street, and east of Cottonwood Road (described as Parcel
1A1A COS 2554C), herein referred to as the “Sports Park” which is adjacent to and north of the
School District’s Gallatin High School campus; and
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Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the site plan and financing of additional facilities at the Bozeman Sports Park 2
WHEREAS, on December 10, 2024, the Parties entered a Memorandum of Understanding
(“MOU”) wherein a portion of the southern end of the Sports Park adjacent to West Oak Street
will be developed into artificial turf athletic fields (and related facilities) and a parking lot, for
priority use by the School District (the “Project”); and
WHEREAS, the MOU describes the Parties’ preliminary understanding of the Project, and
recognized the need for an Addendum once the Parties agreed to a Site Plan; and
WHEREAS, the Parties now enter into this Addendum to address the site plan and
financing of the Project; and
WHERAS, the Parties acknowledge a subsequent Addendum will be necessary to address
the use and maintenance of the Project.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and for
good and valuable consideration, the Parties agree as follows:
AGREEMENT
1. Project. Final Civil and Landscaping Plans, dated August 4, 2025, have been
delivered to the Parties and are attached to this Addendum as Exhibit A. An
amended Landscaping Plan, dated November 5, 2025, has been delivered to the
Parties detailing reductions in scope is attached to this Addendum as Exhibit B.
The Parties have reviewed the Final Civil and Landscaping Plans and the amended
Landscaping Plan and agree to the Project as outlined by the Final Civil and
Landscaping Plans and amended Landscaping Plan.
2. Site Plan. A Final Site Plan, dated June 24, 2025, has been delivered to the Parties
and is attached to this Addendum as Exhibit C. The Parties have reviewed the Final
Site Plan and agree to the Project as outlined by the Final Site Plan.
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Addendum to Memorandum of Understanding between City of Bozeman and Bozeman School District No 7 for the site plan and financing of additional facilities at the Bozeman Sports Park 3
3. Financing. The Parties have agreed to a Final Payment Schedule, attached to this
addendum as Exhibit D. Upon award of a construction contract, the School District
will allocate funds not to exceed $3,000,000.00 to the Project and provide quarterly
reimbursements to the City based on actual expenses including retainage.
4. Remaining Terms Still Valid. All remaining terms and provisions of the MOU
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Addendum to be
effective as of the last date set forth below (the “Effective Date”).
THE CITY OF BOZEMAN
BOZEMAN SCHOOL DISTRICT NO 7
BY:
Chuck Winn, City Manager
DATE:
BY:
TITLE:
DATE:
Approved as to form:
By:
City of Bozeman, City Attorney
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PLAN SHEET INDEXEXISTINGEXISTINGPROPOSEDPROPOSEDLEGENDABBREVIATIONSSITE STATISTICSPROJECT LOCATIONCONSTRUCTION DRAWINGSBOZEMAN SPORTS PARKPHASE 2BOZEMAN, MONTANASHERIDANDANIELSROOSEVELTVALLEYPHILLIPSBLAINEP
E
T
R
O
L
E
U
MFERGUS HILLLIBERTYTOOLEFLATHEADLINCOLNSANDERSLAKEMINERALMISSOULAPOWELLRAVALLIGRANITELEWISANDCLARKCASCADE
JUDITHBASINDEERLODGESILVERBOWJEFFERS
O
N
BROADWATER
MEAGHERWHEATLANDGOLDEN
VALLEY
MUSSELSHELLBEAVERHEADMADISONGALLATINPARKTETONPONDERACHOUTEAUSWEETGRASSSTILLWATERYELLOWSTONECARBONBIG HORNGLACIERRICHLANDMcCONEDAWSONGARFIELDPRAIRIETREASUREROSEBUDCUSTERPOWDERRIVERCARTERFALLONWIBAUXHardinBroadusBillingsEkalakaBakerMiles CityForsythTerryWibauxGlendiveCircleJordanSidneyWinnettRoundupHyshamRed LodgeColumbusBig TimberLivingstonBozemanVirginia CityDillonTownsendBoulderButteAnacondaPhilipsburgHamilton MissoulaSuperiorThompsonFallsLibbyKalispellPolsonHelenaGreat FallsChoteauFort BentonLewistownStanfordHarlowtonRyegateDeer lodgeConradCut BankChesterHavreShelbyChinookMaltaGlasgowScobeyPlentywoodWolf pointWhite SulpherSpringsENGINEER OF RECORD:QUALITY CONTROL REVIEWER:,PEPROJECT VICINITYT1.0TITLE SHEET1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025
MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-8594,PEExhibit A12
W OAK STREETCOTTONWOOD ROADFUTURE PHASE CPHASE 2PROPOSED PROJECT2025FUTURE PHASE BPHASE 1B-2FUTURE PROJECTPHASE 1BPLANNED PROJECT2025 BY OTHERSFUTURE PHASE AEXISTINGEXISTINGEXISTINGEXISTINGFUTURE PHASE DOSPOVERALL SITEPLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859413
PRODUCTPARTY RESPONSIBLE TEST FREQUENCYTEST REQUIREMENT & STANDARDON-SITE MATERIALS TESTINGPRODUCTPARTY RESPONSIBLE FOR SUBMITTALREQUIRED SUBMITTALS PRIOR TO MOBILIZATIONREQUIRED SUBMITTALS DURING CONSTRUCTIONMATERIALS SUBMITTALS REQUIREDGENERAL CIVIL NOTESSURVEY NOTESCONSTRUCTION STAKING NOTESC0.1CIVILSPECIFICATIONS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859414
W OAK STREETCOTTONWOOD ROADC0.2EXISTINGCONDITIONS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859415
W OAK STREETCOTTONWOOD ROADCONSTRUCTION SEQUENCING NOTES:1.INSTALL SWPPP BMP's2.TOPSOIL STRIPPING AND GRUBBING (ENTIRE PROJECT EXTENTS) BY OTHERS.3.MASS GRADING TO SUBGRADE (ENTIRE PROJECT EXTENTS) BY OTHERS.4.STORM RETENTION GRADING5.ARTIFICIAL FIELD TURF INSTALL BY OTHERS.6.PARKING LOT INSTALL (BASE, ASPHALT & CURB)7.SIDEWALKS8.FINISH GRADING AND LANDSCAPINGC0.3CONSTRUCTIONFACILITIES PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859416
W OAK STREETCOTTONWOOD ROADC1.0SITE PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859417
W OAK STREETCOTTONWOOD ROADC4.0OVERALLGRADING &DRAINAGE PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859418
W OAK STREETCOTTONWOOD ROADC4.1ENLARGEDGRADING1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-8594 GRADING NOTES:1.FINISHED GRADE CONTOUR INTERVAL IS 0.25'.2.ACCESSIBLE ROUTES TO COMPLY WITH ADA REQUIREMENTS.3.LANDSCAPED AREAS TO HAVE A SLOPE NO GREATER THAN 4h:1v.4.ENSURE THE WALKS ALONG THE ACCESSIBLE ROUTE HAVE ARUNNING SLOPE OF 1:20 OR 5% MAXIMUM (EXCEPT AT THE CURBRAMPS, WHICH CAN BE UP TO 1:12 OR 8.33%) AND A CROSSSLOPE OF 1:48 OR 2% MAXIMUM. THIS INCLUDES AT THECROSSING OF DRIVE LANES.5.WHERE THE ACCESSIBLE ROUTES INTERSECT, A 48"X48" LEVEL"LANDING" THAT HAS A SLOPE OF 2% MAXIMUM IN ANYDIRECTION IS REQUIRED.6.MAINTAIN POSITIVE DRAINAGE TO CURB INLETS. SLOPE ASPHALTTO NEW CURB AT 1% MIN, 4% MAX.THIS SITE HAS BEEN DESIGNED IN COMPLIANCE WITHTHE STANDARDS OF THE AMERICANS WITHDISABILITIES ACT (ADA) AS CERTIFIED BY THEENGINEER OF RECORD, STAHLY ENGINEERING.ZACH LOWE, PECERTIFIED BY19
W OAK STREET
C4.2PARKING LOTGRADING PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859420
TYPICAL CONCRETE SIDEWALK SECTIONNOTESTYPICAL PAVEMENT SECTIONSNOTESUTILITY SLEEVE DETAILASPHALT APRON SECTIONNEW CHAIN LINK FENCENOTES:GRAVEL PATH SECTIONARTIFICIAL TURF FIEILD SECTION(BY OTHERS)TRAFFIC RATED CONCRETE SECTIONNOTESC4.3SITE DETAILS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859421
RAMP CONSTRUCTION NOTESRAMP DETAIL FORSIDEWALK PERPENDICULAR TO CURBRAMP DETAIL FORSIDEWALK ADJACENT TO CURBTYPICAL CURB DETAILTYPICAL APPROACH DETAILNOTESNOTESRAMP DETAIL FORPLAZA SIDEWALKCURB / VALLEY GUTTER DETAILVALLEY GUTTER DETAILC4.3BSITE DETAILS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859422
GENERAL STORMWATER SYSTEM NOTESNOTESSIDEWALK CHASE DETAILNOTESNOTESRETENTION BASIN DETAILNOTESC4.4STORM &DRAINAGEDETAILS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859423
-0+250+001+002+00
3+00
4+00
5+00
6+00
7+00
8+00
C4.5STORM PLAN &PROFILE (NORTH)1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859424
7+008+009+00
10+00
11+00
12+00
13+00
14
+
0
0
14
+
3
4
C4.6STORM PLAN &PROFILE (SOUTH)1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859425
W OAK STREETCOTTONWOOD ROADPAVING LEGENDASPHALT(TRAFFIC RATED)CONCRETE SIDEWALK(NON-TRAFFIC RATED)CONCRETE(TRAFFIC RATED)ASPHALT SWALECURB(FULL HEIGHT, CATCH)CURB(LAYDOWN, CATCH)CURB(FULL HEIGHT, SPILL)CURB(LAYDOWN, SPILL)NOTES1.CONTRACTOR TO ENSURE DRAINAGEAT CURB TRANSITIONSGRAVEL SIDEWALK(NON-TRAFFIC RATED)ASPHALT(NON-TRAFFIC RATED)C5.0PAVING PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859426
W OAK STREET SIGNING NOTES:STRIPING/MARKING NOTES:C6.0SIGNAGE ANDSTRIPING PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859427
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
LEGEND:
POTENTIAL FUTURE DONOR TREE
3'-5' DIAMETER GRANITE LANDSCAPE BOULDERS.
4" DEEP SHREDDED MULCH AREA AT PLANTS AS SPECIFED. MULCH AREA TO TAKE INTO ACCOUNT MATURE SIZE OF PLANT AS SHOWN ON PLANS.
EDGING AS SPECIFIED
NOTES:
13. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
WALKWAYS.
12. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND CONCRETE
11. NO TREE OR SHRUB SHALL BE PLANTED OVER OR WITHIN 5' LATERALLY FROM ANY UNDERGROUND UTILITIES.
10. NO TREES SHALL BE PLANTED CLOSER THAN 10' TO A FIRE HYDRANT, CYCLING RAMPS, SIGNAGE, STREET LIGHTS, ETC. ADJUST LAYOUT IF NECESSARY.
9. AREAS THAT ARE TOO SMALL TO BE DRILL SEEDED SHALL BE BROADCAST, RAKED IN, AND ROLLED.
8. CONTRACTOR SHALL COORDINATE IRRIGATION SYSTEM LAYOUT WITH PLANTINGS.
7. THE INSTALLATION OF LAWNS, PLANT MATERIAL AND IRRIGATION SYSTEM SHALL BE PERFORMED BY ONE CONTRACTOR.
DETERMINE FULL SCOPE OF POTENTIAL SITE DISTURBANCE TO BE RECLAIMED.
IN THE REMOVAL OR DISPLACEMENT OF EXISTING GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW ALL OTHER CONTRACT DOCUMENTS TO
INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE, STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR TRAFFIC THAT RESULTS
6. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION ACTIVITIES
5. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN CONSENT FROM THE LANDSCAPE ARCHITECT.
4. IN THE EVENT OF A DISCREPANCY, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY.
3. ALL PLANT MATERIAL SHALL BE INSTALLED AS DETAILED AND PER SPECIFICATIONS.
2. ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN ASSOCIATION OF NURSERYMANS NATIONAL STANDARD SPECIFICATIONS.
ADJACENT PROPERTY SHALL BE CONTRACTORS RESPONSIBILITIES. REPAIR ANY DAMAGE BACK TO ORIGINAL CONDITION.
1. CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INSTALLATION, EXCAVATION, OR PLANTING OPERATIONS. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR
SHRUBS
KEY QTY COMMON NAME BOTANICAL NAME
SIZE ROOT
PLANT SCHEDULE:
SHADE TREES
CHB 2-1/2"B&B 50'45'
HEIGHT
MATURE
SPREAD
MATURE
TOLERANT
DROUGHT
YES
(HEIGHT)
SIZE
PLANTING
12' COMMON HACKBERRY CELTIS OCCIDENTALIS
NHL NORTHERN ACCLAIM HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. 'HARVE'2-1/2"B&B 35-45'30-35'YES
IHL IMPERIAL HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. INERMIS 'SKYCOLE'2-1/2"B&B 40-50'30-35'YES
FRM FREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NOFRMFREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NO
SAL SENTRY AMERICAN LINDEN TILIA AMERICANA 'SENTRY'2-1/2"50-70'30-50'NOB&B
RDL REDMOND LINDEN TILIA AMERICANA 'REDMOND'2-1/2"40-60'25-30'NOB&B
NHE NEW HORIZON ELM ULMUS X 'NEW HORIZON'2-1/2"60'40'YESB&B
RDM RED MAPLE ACER RUBRUM 2-1/2"40-50'40'YESB&B
RRM RED ROCKET MAPLE ACER RUBRUM 'RED ROCKET'1-1/2"8' 40'10'NOB&B
QUA QUAKING ASPEN POPULUS TREMULOIDES (SINGLE & MULTI-STEM)1-1/2"8-10' 50-75'30'YESB&B
CBS COLORADO BLUE SPRUCE PICEA PUNGENS 'GLAUCA'6-8' 50'20'YESB&B
BHS BLACK HILLS SPRUCE PICEA GLAUCA 'DENSATA'6-8' 20-40'10-15'YESB&B
MLL MORDEN LITTLE LEAF LINDEN TILIA CORDATA 'MORDEN'2-1/2"30-50'30-50'YESB&B
ORNAMENTAL TREES
EVERGREEN TREES
WRB WESTERN RIVER BIRCH BETULA OCCIDENTALIS (MULTI-STEM)1-1/2"8'15-20'15-20'NOB&B
ORNAMENTAL GRASSES
BO 12-18" BLUE OAT GRASS HELICTOTRICHON SEMPERVIRENS #1 CTN 3'3'YES
FG FLAME GRASS MISCANTHUS SINESNSIS 'PURPURASCENS'#1 CTN 12-18" 4-5'2-3'YES
HM HEAVY METAL BLUE SWITCHGRASS PANICUM VIRGATUM 'HEAVY METAL'#1 CTN 12-18" 4 3'YES
KF KARL FOERSTER FEATHER REED GRASS CALAMAGROSTIS ACUTIFLORA 'KARL FOERESTER'#1 CTN 12-18" 3-5'2-3'YES
GM 2' GOLDMOUND SPIREA SPIRAEA JAPONICA 'GOLDMOUND'CTN 3'3'YES
NB LITTLE DEVIL NINEBARK PHYSOCARPUS OPULIFOLIUS 'DONNA MAY'CTN 3' 4'3'YES
CS CREEPING SCOTCH PINE PINUS SYLVESTRIS 'HILLSIDE CREEPER'CTN 12-18" 2'7'YES
GL GRO-LOW SUMAC RHUS AROMATICA 'GRO-LOW'
OG OLD GOLD JUNIPER JUIPERUS CHINENSIS 'OLD GOLD'CTN 12-18" 2-3'5'YES
BU BUFFALO JUNIPER JUNIPERUS SABINA 'BUFFALO'#5 CTN 12-18" 2'5'YES
SS SKUNKBRUSH SUMAC RHUS TRILOBATA CTN 3' 4-5'3-6'YES
GF GOLDFINGER POTENTILLA POTENTILLA FRUTICOSA 'GOLDFINGER'CTN 2' 3'3'YES
SN SNOWMOUND SPIREA SPIRAEA NIPPONICA 'SNOWMOUND'CTN 3' 4'4'YES
DY ARCTIC FIRE YELLOW DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE YELLOW'CTN 3' 5'6'NO
DR ARCTIC FIRE RED DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE RED'CTN 3' 4'4'NO
CTN 12-18" 2'7'YES
6'
6'
#5
#5
#5
#5
#5
#5
#5
#5
#5
#5
* QTY - DOES NOT INCLUDE FUTURE DONOR TREES
16
1
6
2
9
5
1
5
4
3
FUTURE
6
3
3
10
12
32
60
21
110
28
7
14
20
13
48
33
17
25
12'
12'
12'
12'
12'
12'
12'
12'
L1.1
NOTES & DETAILS.DGN
L1.1 PLANTING LEGENDPLANTING LEGEND & NOTESMANDATORY LANDSCAPE PROVISIONS
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
COTTONWOOD
11 (DONOR)
15
PROVISIONS AND NOT PREVIOUSLY ACCOUNTED FOR
NUMBER OF TREES SHOWN BEYOND MANDATORY LANDSCAPE
TOTAL TREES PROVIDED
TOTAL TREES REQUIRED
FRONTAGE (LF)
STREET FRONTAGE LANDSCAPING
SQUARE FOOT OF LANDSCAPING PROVIDED
SQUARE FOOT OF REQUIRED LANDSCAPING
TOTAL PROVIDED
TOTAL TREES REQUIRED
PERFORMANCE STANDARD TREES
STANDARD NUMBER OF TREES REQUIRED
PARKING STALLS
PARKING LOT LANDSCAPING
9
8
420
2,730 SF
2,380 SF
25
21
7
13
119
OAK
LANDSCAPING
PARKING LOT
3,409 SF + ENTRY
28
S
D
D D 47434743474447444743
4744
4745
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROAD10GM
10OG
10GL
11NB
9GL
15NB
10CS
8GL
13NB
11GM
10OG
13GL
1NHL
1NHL
1NHL
1NHL
1CHB
1FRM
1FRM
1SAL
1SAL
1FRM
1FRM
1SAL
MATCH LINEMATCH LINEVISIO
N TRIA
NGLE
1SAL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.2
L1.2 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
NIC - FUTURE PHASE
29
474447454746474
3
4744
4745
4746
4747
47484749SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
4GL
1NHL
1SAL
1NHE
1NHE
1NHE
1MLL
1MLL
1MLL
1MLL
1QUA 1QUA
1QUA
1SAL 1SAL
1SAL1SAL
3FG 8GL
9GF
4GL 3FG
2HM 2GL
7KF
2BU 2BU
4GL
6HM
2DR
1DY
2SS
2DY
3DR
OAK STREET
1NHL1NHL
1RDL
1RDL
1RDL
1RDL 1RDL
1SAL
1SAL
1SAL
1SAL
1MLL
1RDL
7GF
4BO
4BO
9HM
5SN
13GL
8GF
6BO
9BU
14HM
11KF 11FG
6KF
9GL
11BO
12GL
7SN
2HM
2GL
1SAL
17KF
MATCH LINEMATCH LINE1NHL
1NHL MATCH LINEMATCH LINEMATCH LINE
VIS
ION
TR
IANGLEVISION
T
RI
ANGL
E
1SAL
VISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.3
L1.3 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 BIKE RACKS, SEE 2/L2.2.
4' H PLANTED SCREEN AT PARKING.2
1
22
2
RACKS AND SIDEWALK.
WEED BARRIER AND BARK MULCH IN PLACE OF FUTURE BIKE
CONCRETE WALKWAY & BIKE RACKS NIC - FUTURE PHASE. INSTALL
3
3
30
MATCH LINE
FUTURE MAINTENANCE FACILITY
FUTURE DOG PARK
OAK STREET FLANDERS MILL ROADMATCH LINEMATCH LINEARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.4
L1.4 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
31
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
FUTURE PROJECT
6GM
12OG
8GL
9NB
12NB
10CS
10GL
1CHB
1CHB
1CHB
MATCH LINEIHL
IHL
IHL MATCH LINEMATCH LINE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.5
L1.5 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
NIC - FUTURE PHASE
32
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
4
7
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
1RDM
1QUA 1QUA
1QUA
1WRB
1QUA
1QUA
1SAL 1SAL
1FRM
3RRM
3RRM
1WRB
2DR
1DY
2SS
2DY
3DR
6DR
2DY
2SS
1SS
3DR
2DY
IHL
MATCH LINEMATCH LINEIHL
IHL
1NHL MATCH LINEMATCH LINEMATCH LINE
6GF6GF
7KF
TOILET
VAULT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.6
L1.6 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
1
L2.2
33
S
MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROAD3BHS
3CBS
1QUA
1WRB
2DY
5SS
MATCH LINEMATCH LINEARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.7
L1.7 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
34
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
47394740474147424743
47434743474447444745474647394740474047414741474247424743
4744
474547374
7
3
7 473847394742
4743
4744
4745
4746
4747
47484749
FUTURE SYNTHETIC TURF FIELD SYNTHETIC TURF FIELD
FUTURE DOG PARK FLANDERS MILL ROADRETENTION POND
FACILITY
MAINTENANCE
FUTURE
PROJECT LIMITS
MATCH LINE
OAK STREET
VISION TRIANGLEVISION T
RI
ANGLEVISION TRIANGLECOTTONWOOD ROADVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.8
L1.8 SEEDING PLAN.DGNSEEDING PLAN0 25'50'100'NORTH
LEGEND:
SITE DISTURBANCE TO BE RECLAIMED.
ALL OTHER CONTRACT DOCUMENTS TO DETERMINE FULL SCOPE OF POTENTIAL
GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW
TRAFFIC THAT RESULTS IN THE REMOVAL OR DISPLACEMENT OF EXISTING
STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR
ACTIVITIES INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE,
SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION
1. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND
PLANTER AREA.
DRILL SEEDED DRYLAND GRASS & HYDROMULCH AS SPECIFIED.
NOTES:
KEY NOTES:
1 EXTEND SEEDING TO WALKWAY WHERE PLANTER WAS REMOVED.
NIC - FUTURE PHASE
1
35
S
S
S
S
D D
D
D
D
D
D
D
D
MATCH LINE COTTONWOOD ROADPROJECT EXTENTSARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
LEGEND:
SITE DISTURBANCE TO BE RECLAIMED.
ALL OTHER CONTRACT DOCUMENTS TO DETERMINE FULL SCOPE OF POTENTIAL
GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW
TRAFFIC THAT RESULTS IN THE REMOVAL OR DISPLACEMENT OF EXISTING
STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR
ACTIVITIES INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE,
SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION
1. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND
PLANTER AREA.
DRILL SEEDED DRYLAND GRASS & HYDROMULCH AS SPECIFIED.
NOTES:
L1.9
L1.9 SEEDING PLAN.DGNSEEDING PLAN0 25'50'100'NORTH
KEY NOTES:
1 -
PROJECT LIMITS
36
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L2.1
L2.1 PLANTING DETAILS.DGNPLANTING DETAILSNOT TO SCALE
LINEAR SPACING AT JOINTS.
SPACING 3' O.C. & 1' O.C.
WEED BARRIER, TRIANGULAR
8"STAPLES TO ANCHOR
SPECIFIED. LAP 3" AT JOINTS.
WEED BARRIER FABRIC AS
SPECIFICATIONS
MANUFACTURER'S
& INSTALL ACCORDING TO
EDGING AS SPECIFIED, STAKE
GRADE
FINISH
SPECIFIED
4" MULCH AS
1 EDGING, MULCH & FABRIC 3"1/2"3 ORNAMENTAL GRASS PLANTING
NOT TO SCALE
BEFORE PLANTING.
EXCESS CONTAINER GROWTH MEDIUM
AWAY FROM STEM RADIALLY. REMOVE
ROOTS. ARRANGE ROOTS TO POINT
ROOT BALL. PRUNE OFF GIRDLING
REMOVE CONTAINER AND INSPECT 1" MIN.FINISH GRADE
BED EDGING
FINISH GRADE
BARRIER AS SPECIFIED.
4" MULCH OVER WEED
SAUCER.
AREAS SHALL HAVE EARTH
ONLY PLANTS IN NATIVE
AIR POCKETS.
INSTALLATION TO ELIMINATE
THOROUGHLY AFTER
WATER. WATER IN
IN LAYERS, SETTLE WITH
SPECIFIED AMENDMENTS
EXISTING SOIL AND ANY
SOIL. BACKFILL HOLE WITH
BALL RESTS ON UNDISTURBED
TO BREAK GLAZING. ROOT
OF BALL. ROUGHEN SIDES
DIG HOLE MIN. 2X WIDTH
AWAY FROM PLANT.
KEEP MULCH 2"-3"
FINISH GRADE
PLANT FORM.
TO RETAIN NATURAL
PRUNE AS SPECIFIED
2 SHRUB PLANTING
FINISH GRADE
ONE YEAR.
SAUCER. REMOVE AFTER
AREAS SHALL HAVE EARTH
ONLY PLANTS IN NATIVE 1" MIN.BED EDGING
BEFORE PLANTING.
EXCESS CONTAINER GROWTH MEDIUM
AWAY FROM STEM RADIALLY. REMOVE
ROOTS. ARRANGE ROOTS TO POINT
ROOT BALL. PRUNE OFF GIRDLING
REMOVE CONTAINER AND INSPECT
BARRIER AS SPECIFIED.
4" MULCH OVER WEED
AIR POCKETS.
INSTALLATION TO ELIMINATE
THOROUGHLY AFTER
WATER. WATER IN
IN LAYERS, SETTLE WITH
SPECIFIED AMENDMENTS
EXISTING SOIL AND ANY
BACKFILL HOLE WITH
ON UNDISTURBED SOIL.
GLAZING. ROOT BALL RESTS
ROUGHEN SIDES TO BREAK
PLANTED POT TO POT.
OF BALL. EXCEPT HEDGES
DIG HOLE MIN. 2X WIDTH
NOT TO SCALE
AWAY FROM PLANT.
KEEP MULCH 2"-3"
STAKES 1 YEAR AFTER PLANTING.
1. CONTRACTOR TO REMOVE
FROM BALL AS NEEDED.
ROOT FLARE VISIBLE ABOVE FINISH GRADE. REMOVE EXCESS SOIL
ROOT FLARE. ARRANGE ROOTS TO LEAVE TRUNK & ROOT FLARE RADIALLY.
ANY GIRDLING ROOTS, PRESS ALL HAIR ROOTS DOWN UNDER STRUCTURAL
REMOVE WIRE BASKET & ALL BURLAP. INSPECT ROOT BALL & PRUNE OFF
PRUNE AS SPECIFIED TO RETAIN NATURAL FORM.
FINISH GRADE - SLOPE AWAY FROM TREES WHEREVER POSSIBLE.3/4- 2/31/4- 1/3UNBURIEDBURIEDFINISH GRADE
MULCHPERIOD.
TREE TO SWAY. CONTRACTOR TO REMOVE TIES AT END OF WARRANTY
SHOULD BE SNUG ENOUGH TO PROVIDE SUPPORT WHILE ALLOWING
PENETRATE ROOT BALL. DO NOT OVER-TIGHTEN AROUND TREE. TIES
STRAP WITH BRASS GROMET TIES ON TRUNK. STAKES SHALL NOT
6' STEEL TEE POSTS, 2/TREE W/ 14 GA. SOFT WIRE AND 1-1/2"X18" NYLON
TRUNK. MULCH TO EXTEND BEYOND STAKES.
4" MULCH AS SPECIFED. NO WEED BARRIER. END MULCH 3" FROM
WATER IN THOROUGHLY AFTER INSTALLATION TO ELIMINATE AIR POCKETS.
SOIL AND ANY SPECIFIED AMENDMENTS IN LAYERS, SETTLE WITH WATER.
ROOT BALL TO REST ON UNDISTURBED SOIL. BACKFILL HOLE WITH EXISTING
DIG HOLE MIN. 2X WIDTH OF BALL. ROUGHEN SIDES TO BREAK GLAZING.
1
22
3
4
5
6
7
LEGEND:
NOTE:
GRAFT UNION TYP. 4-6" ABOVE ROOT FLARE.
FROM BALL AS NEEDED.
ROOT FLARE VISIBLE ABOVE FINISH GRADE. REMOVE EXCESS SOIL
ROOT FLARE. ARRANGE ROOTS TO LEAVE TRUNK & ROOT FLARE RADIALLY.
ANY GIRDLING ROOTS, PRESS ALL HAIR ROOTS DOWN UNDER STRUCTURAL
REMOVE WIRE BASKET & ALL BURLAP. INSPECT ROOT BALL & PRUNE OFF
1
25
SECURE WITH ELECTRICAL TAPE. DO NOT WRAP TIGHTLY.
ASPHALT COATED PAPER TREE WRAP TO BOTTOM OF FIRST BRANCH,
FINISH GRADE - SLOPE AWAY FROM TREES WHEREVER POSSIBLE.
6
4
9
8
PRUNE AS SPECIFIED TO RETAIN NATURAL FORM.
WATER IN THOROUGHLY AFTER INSTALLATION TO ELIMINATE AIR POCKETS.
SOIL AND ANY SPECIFIED AMENDMENTS IN LAYERS, SETTLE WITH WATER.
ROOT BALL TO REST ON UNDISTURBED SOIL. BACKFILL HOLE WITH EXISTING
DIG HOLE MIN. 2X WIDTH OF BALL. ROUGHEN SIDES TO BREAK GLAZING.
TRUNK. MULCH TO EXTEND BEYOND STAKES.
4" MULCH AS SPECIFED. NO WEED BARRIER. END MULCH 3" FROM
AT END OF WARRANTY PERIOD.
TREE TO SWAY. CONTRACTOR TO REMOVE TRUNK WRAP, STAKES & TIES
SHOULD BE SNUG ENOUGH TO PROVIDE SUPPORT WHILE ALLOWING
PENETRATE ROOT BALL. DO NOT OVER-TIGHTEN AROUND TREE. TIES
STRAP WITH BRASS GROMET TIES ON TRUNK. STAKES SHALL NOT
6' STEEL TEE POSTS, 2/TREE W/ 14 GA. SOFT WIRE AND 1-1/2"X18" NYLON
LEGEND:1" FLARE VISIBLENOT TO SCALE
4 CONIFEROUS TREE PLANTING 5 DECIDUOUS TREE PLANTING 1" FLARE VISIBLENOT TO SCALE
6 LANDSCAPE BOULDER PLACEMENT
NOT TO SCALE
33
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
9
'8
'
ROCK MULCH.
36" DIA. BARK MULCH RING AT BASE OF TREE, INCLUDING IN PLANTER WITH 8
ROCK MULCH.
36" DIA. BARK MULCH RING AT BASE OF TREE, INCLUDING IN PLANTER WITH 10
10
STAKES 1 YEAR AFTER PLANTING.
1. CONTRACTOR TO REMOVE
NOTE:
37
BOTTOM OF POND: 4740.3
TOP OF POND: 4741.75
GRASS GRASSWALK
PARKING
LOT
DRYLANDRETENTION PONDDRYLAND.PARKING LOT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
2'4'4'4'4'4'4'4'4'4'2'2'2'
40'18'2'8'24'2'4'4'4'4'4'2'L2.2
FURNISHING DETAILS.DGN
L2.2 PLANTING & SITEFURNISHING DETAILSPLANTING & SITEBIKE RACK2
2. INSTALL ACCORDING TOP MANUFACTURER'S RECOMMENDATIONS.
1. BIKE RACK SHALL BE AS SPECIFIED.
NOTES:
COMPACTED SUBGRADE
ELEVATION
BASE MATERIAL
COMPACTED GRAVEL
SITE CONCRETE CONTRACTOR
CONCRETE FLATWORK BY
SURFACE MOUNT
ADHESIVE ANCHOR BOLTS
3/8" X 3-1/2" CONCRETE
PLAN
21-7/8"21-5/8"36"0 5'10'20'NORTHSECTION - RETENTION POND1
SEE CIVIL.
CONCRETE FLATWORK, BIKE RACK, TYP.
NOT TO SCALE
NIC - FUTURE PHASE
38
S
S
S
S
S
S
S
S
D
DDDD
D
DD
DD
D
D
D
D
D
D
D D
D
PROJECT EXTENTSD
D
D
D
NOTES:
17. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
CONCRETE WALKWAYS.
16. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND
15. PIPING AND EQUIPMENT MAY BE SHOWN IN PAVED AREAS FOR GRAPHICAL CLARITY. PIPING AND EQUIPMENT TO BE INSTALLED IN ADJACENT LANDSCAPING AREAS.
14. PROGRAMMING OF CONTROLLERS BE COORDINATED WITH EXISTING SCHEDULES TO ENSURE ATHLETIC FIELDS ARE THE HIGHEST PRIORITY.
REQUIREMENTS AT THE PUMP STATION DISCHARGE ARE 500 GPM AT 112 PSI.
13. DESIGN BASED ON 0.24"/DAY WATER REQUIREMENT, 6 DAYS/WEEK WITH AN 8 HOUR WATER WINDOW WITH 45 PSI AT ALL I-20 SPRINKLER HEADS. OVERALL SYSTEM
12. ALL EXTERIOR CABINETS AND EQUIPMENT ENCLOSURES TO BE STAINLESS STEEL FINISH.
11. VERIFY SIGNAL STRENGTH AND AIR CARD NEEDS AT EACH SATELLITE CONTROLLER.
10. ADJUST ALL HEADS AS REQUIRED TO PREVENT OVERSPRAY ONTO BUILDINGS AND STREETS.
BE ELECTRICAL GRADE SCHEDULE 40 PVC. ALL CONDUITS ABOVE GRADE SHALL BE SCHEDULE 80 PVC.
9. ALL CONDUIT TO BE 1" MINIMUM. CONCEAL OR BURY WHEREVER POSSIBLE. ALL VISIBLE CONDUITS SHALL BE ROUTED AS DIRECTED. ALL BURIED CONDUITS SHALL
FLOWS 51 GPM AND GREATER TO HAVE 2" CONTROL VALVES.
8. ZONES WITH FLOWS THROUGH 20 GPM TO HAVE 1" CONTROL VALVES. ZONES WITH FLOWS 21 THROUGH 50 GPM TO HAVE 1-1/2" CONTROL VALVES. ZONES WITH
7. CONTRACTOR SHALL MAINTAIN AN ACCURATE, CURRENT AS-BUILT ON THE JOB AT ALL TIMES.
FIELD VERIFY.
6. LOCATIONS OF AIR RELIEF VALVES MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL HIGH SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FIELD VERIFY.
5. LOCATIONS OF MAINLINE DRAINS MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL LOW SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FUNCTIONAL SYSTEM.
COORDINATE AND PAY FOR ALL TECHNICAL SUPPORT NEEDS WITH CONTROL SYSTEM MANUFACTURER AND SERVICE PROVIDERS AS REQUIRED FOR COMPLETE AND
4. CONTRACTOR SHALL PROVIDE ALL DEVICES, WIRING AND PROGRAMMING AT CONTROLLER FOR A COMPLETE OPERATIONAL SYSTEM. CONTRACTOR SHALL
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER, SIZE, AND LOCATION IS PROVIDED. SEE SLEEVING PLAN, I11.
INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V. AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO BE
3. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS THE
FEATURES. REASONABLE CHANGES IN PIPE LAYOUT MAY BE MADE BY THE CONTRACTOR WITH THE ADVANCE APPROVAL OF THE LANDSCAPE ARCHITECT.
2. IRRIGATION PLAN IS DIAGRAMMATIC IN NATURE. FIELD ADJUSTMENT OF IRRIGATION COMPONENTS MAY BE NECESSARY TO AVOID CONFLICTS WITH EXISTING SITE
BE CONTRACTOR'S RESPONSIBILITY.
1. CONTRACTOR SHALL VERIFY LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR ADJACENT PROPERTY SHALL
LEGEND:
SYMBOL DESCRIPTION SIZE MANUF.MODEL NUMBER
D
ZONE #
GPM
44' RADIUS
38' RADIUS
34' RADIUS
31' RADIUS
19' RADIUS
14' RADIUS
10' RADIUS
5' X 15', 5' X 30'
8' RADIUS
-
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
SPRAY SPINKLER
BUBBLER(S)
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
D
SATELLITE CONTROLLER
MASTER VALVE/FLOW SENSOR
WEATHER SENSOR
ELECTRIC CONTROL VALVE
QUICK COUPLING VALVE
MAINLINE DRAIN VALVE
ISOLATION VALVE
AIR RELIEF VALVE
A2C-75D-SS-PED-SS W/ A2C-LTEM W/ EXTERNAL ANTENNA-10010100
3300300/QS200-30
WSS-SEN
PESB SERIES
44 LRC
C10-SP
HUNTER
SUPERIOR/FLOMEC
HUNTER
RAINBIRD
RAINBIRD
AS SPECIFIED
AS SPECIFIED
BERMAD
I-20-06-CV-8.0, 8.0 GPM @ 45 PSI
I-20-06-CV-3.0, 3.0 GPM @ 45 PSI
I-20-06-CV-2.0, 2.0 GPM @ 45 PSI
I-20-06-CV-1.5, 1.5 GPM @ 45 PSI
MP2000 @ 40 PSIPRS40-CV-PROS-06-
MP1000 @ 40 PSIPRS40-CV-PROS-06-
MP800SR @ 40 PSIPRS40-CV-PROS-06-
PROS-06-PRS40-CV-MPLCS/RCS-515 & MPSS-530
PROS-06-PRS30-CV-8 SERIES, 30 PSI (BROWN)
PROS-06-CV-PCN-10, 1.0 GPM @ 30 PSI (2/TREE)
75 STATION
3"/3"
AS NOTED
1"
LINE SIZE
2"
PA-1
222.6
2"
SEE NOTES
AS SHOWN
AS SHOWN
AS SHOWN
SEE DETAILS
SEE DETAILS
SCHEDULE 40
SCHEDULE 40 SOLVENT WELD
CLASS 200 GASKETED
CLASS 200 GASKETED
BLOWOUT ASSEMBLY
CAMLOCK CONNECTION
SLEEVES - PVC
LATERAL LINE - PVC
IRRIGATION SUBMAIN - PVC
IRRIGATION MAIN- PVC
GROUNDING LOCATIONGL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.1
& NOTES.DGN
I1.1 IRRIGATION LEGENDIRRIGATION LEGEND & NOTES LEGEND:
NATIVE GRASS
PLANTER
NATURAL TURF (NONE THIS PHASE)
OAK STREETCOTTONWOOD ROADTURF FIELD
SYNTHETIC
FUTURE FLANDERS MILL ROADBAXTER LANE
TURF FIELD
SYNTHETIC
FUTURE
DOG PARK
FUTURE
FACILITY
MAINTENANCE
FUTURE
NOT TO SCALE
1 IRRIGATED AREA
NIC - FUTURE PHASE
39
S
D
D D 4743474347444743
4744
4745
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROADMATCH LINEMATCH LINED21
39.3
D19
8.0
D22
26.0
D20
12.0
D15
24.0
D14
98.1
D16
24.0
D17
3.8
D18
34.8
1"
1"
1-1/2"
1"
1"
1-1/2"1"1"
1"1-1/2"
2"
1"
1-1/2"
1"
1-1/2"
1"
1"
1"
1-1/2"
1-1/2"
3"
1-1/2"
1-1/2"
1"
1"
1"
2"1"
1-1/2"
1"
1"
4"
GL
4"
3"3"3"4"
1"1"
1"
1"
1-1/2"
GL
I1.2
I1.2 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
1
INSTALL DI CAP & T-BLOCK.2
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL TEE.3
4
NIC - FUTURE PHASE
3
4
3
3
3
3
2
40
474447454746474
3
4744
4745
4746
4747
47484749VIS
ION
TR
IANGLEVISION
T
RI
ANGL
EVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
OAK STREET
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D8
28.0
D7
22.5
D11
41.8
D10
14.0
D9
47.6
2"
1-1/2"
1"1"
1-1/2"
1"
1-1/2"
1"
1-1/2"
1"
2"
1"2"
1-1/2"
1"
1"
1-1/2"
1-1/2"
1-1/2"
1"
1-1/2"
1-1/2"
1"
2"1-1/2"
1-1/2"
1"
1-1/2"1"
1"
1"
3"3"
D12
32.5
D13
25.5 4"
1"
1"1"
GL
1"
4"
4"4"
4"
1"
1-1/2"
1"
1"
1-1/2"
1-1/2"
1"
1"
1"
I1.3
I1.3 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
2
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT 2
2-WIRE PATH.
INSTALL DECODER AND GROUNDING EQUIPMENT AT END OF 3
1
3
41
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
MATCH LINE
FUTURE MAINTENANCE FACILITY
FUTURE DOG PARK
OAK STREET FLANDERS MILL ROADMATCH LINEMATCH LINE1"
1-1/2"
I1.4
I1.4 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PROJECT LIMITS
42
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINE
D23
37.7
D24
25.4
D25
10.0
2"
1"1-1/2"
1"
1"
1-1/2"
1-1/2"
1"
1"
4"
4"
1"
GL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.5
I1.5 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1
1
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
NIC - FUTURE PHASE
INSTALL DI CAP & T-BLOCK.
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL TEE.
3
4
5
4
5
4
3
43
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
47
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D30
70.5
D29
70.5
D26
18.0
D28
37.7 D6
3.0
D27
2.7
6"
6"
6"
1"
2"
3"
2"
1"
1-1/2"
1-1/2"
3"
1"1"
1"
1"
1"
1"
4"
GL
4"
4"
4"8"
4"
GL
4"
4"
8"
4"
1"
1"
1-1/2"
1"
1"
D
1"
TOILET
VAULT
1-1/2"
2"
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.6
I1.6 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
INSTALL DI CAP AND T-BLOCK.3
1
3
2
8" MAINLINE NIC - FUTURE PHASE.4
3
4
4
5
SEE 6/I2.3 FOR CONTROLLER SOLAR POWER REQUIREMENTS.5
44
S
SHED
FUTURE STORAGE GROUNDWATER:4737.30POND BOTTOM:4740.30PONDSTORMWATER RETENTION MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROADMATCH LINEMATCH LINED2
18.0
D3
24.0
D5
72.0
D4
24.0
1-1/2"
1"
1-1/2"1-1/2"
1"
3"
1"
1"
2"
1-1/2"
1-1/2"
8"
4"
4"
D1
22.2
1"
1"
1"
1"
1-1/2"
GL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.7
I1.7 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
1
1
2
8" MAINLINE NIC - FUTURE PHASE.2
45
D
SUMP:4734.0512" INV OUT(N):4736.0512" INV IN(SW):4736.05RIM ELEV:4741.05MATCH LINE
MATCH LINE
4"
1"
1-1/2"6"
6"
6"
6"
1"1"
D
D
D
D
D
C
C
4"
6"
8"
4"
4"
1-1/2"
(3) 3"
64.0
C9
1"
1-1/2"
1"
3"
MATCH LINE
MATCH LINE
D32
75.0
D31
100
6"
1-1/2"
3"
1-1/2"
1"
3"
3"
1-1/2"
6"
1-1/2"
1"
1"
GL
4"
1-1/2"
1"
C11
6.0
1"
4"
80.0
C13
64.0
C12
3"
4"
6"
4"
C10
15.0
3"
1"
1"
1-1/2"
1-1/2"
(2) 3"
(1) 6"
3"
1-1/2"
1"
1"
1"
2"
1-1/2"
6"
2"
1"
4"4"
6"
4"
4"
4"
MATCH LINE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.8
I1.8 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
1 2 3
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
ADJUST EXISTING SPRINKLER TO 180°.2
ACCOMMODATE NEW ELECTRIC CONTROL VALVES.
REMOVE EXISTING T-BLOCK AND EXTEND MAINLINE TO 3
REMOVE EXISTING T-BLOCK AND TIE TO EXISTING MAINLINE.4
LAWN AREAS AS A RESULT OF THE SEWER LINE INSTALLATION.
REPAIR ANY DAMAGE TO EXISTING IRRIGATION IN ESTABLISHED 5
2
3
1
1
5
5
5
1
2
3
4
46
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.9
I1.9 SLEEVING PLAN.DGNSLEEVING PLAN0 25'50'100'NORTH
INFORMATION.
4. REFER TO ALL DRAWINGS, DETAILS AND SPECIFICATIONS FOR ADDITIONAL
SLEEVES REQUIRED FOR CONSTRUCTION OF THE IRRIGATION SYSTEM ARE PROVIDED.
CONTRACTOR ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE ALL
3. ANY SLEEVES SHOWN ON SLEEVING PLAN ARE FOR THE CONVENIENCE OF THE
SIZE, AND LOCATION IS PROVIDED.
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER,
AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
BE INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V.
SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO
THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION
SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS
2. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL
TYPICAL LATERAL LINE, AND 18" FOR ALL MAIN/SUBMAINLINES.
1. COORDINATE WITH IRRIGATION PLAN TO DETERMINE DEPTH OF COVER. 12" FOR
KEY NOTES:
1 -
NOTES:
H
D
B
D D J
B
C
C
B B B
B B B
B B
B
E EEE
A
D
A
A
A
N
A A
B
A
A
A
B
NIC - FUTURE PHASE
C
PROJECT LIMITS
(1) 3" SLEEVE
(2) 3" SLEEVES
(3) 3" SLEEVES
(1) 6" SLEEVE
(2) 3" SLEEVES
(1) 8" SLEEVE
(1) 10" SLEEVE
(1) 3" SLEEVE
A
H
G
F
E
D
C
B
E
SLEEVE LOCATION
(1) 3" SLEEVE
(1) 8" SLEEVE
(1) 8" SLEEVE
(1) 3" SLEEVE
(1) 12" SLEEVE
(1) 3" SLEEVE
(1) 4" SLEEVEK
M (1) 8" SLEEVE
(2) 3" SLEEVES
LEGEND:
(1) 8" SLEEVE
(2) 6" SLEEVES
(1) 3" SLEEVE
J
L (1) 10" SLEEVE
(2) 3" SLEEVES
I
N (1) 6" SLEEVE
(1) 3" SLEEVES
47
C
C
S
S
S
S
D D
D
D
D
D
D
D
D
MATCH LINE
PROJECT LIMITS
COTTONWOOD ROADEXISTING PROJECT
4745
4740
4735
473
0
4730
4725
47454735
4740
4745
47 40
4745
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
INFORMATION.
4. REFER TO ALL DRAWINGS, DETAILS AND SPECIFICATIONS FOR ADDITIONAL
SLEEVES REQUIRED FOR CONSTRUCTION OF THE IRRIGATION SYSTEM ARE PROVIDED.
CONTRACTOR ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE ALL
3. ANY SLEEVES SHOWN ON SLEEVING PLAN ARE FOR THE CONVENIENCE OF THE
SIZE, AND LOCATION IS PROVIDED.
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER,
AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
BE INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V.
SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO
THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION
SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS
2. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL
TYPICAL LATERAL LINE, AND 18" FOR ALL MAIN/SUBMAINLINES.
1. COORDINATE WITH IRRIGATION PLAN TO DETERMINE DEPTH OF COVER. 12" FOR
KEY NOTES:
1 -
NOTES:
(1) 3" SLEEVE
(2) 3" SLEEVES
(3) 3" SLEEVES
(1) 6" SLEEVE
(2) 3" SLEEVES
(1) 8" SLEEVE
(1) 10" SLEEVE
(1) 3" SLEEVE
A
H
G
F
E
D
C
B
E
SLEEVE LOCATION
(1) 3" SLEEVE
(1) 8" SLEEVE
(1) 8" SLEEVE
(1) 3" SLEEVE
(1) 12" SLEEVE
(1) 3" SLEEVE
(1) 4" SLEEVEK
M (1) 8" SLEEVE
(2) 3" SLEEVES
LEGEND:
(1) 8" SLEEVE
(2) 6" SLEEVES
(1) 3" SLEEVE
J
L (1) 10" SLEEVE
(2) 3" SLEEVES
I
N (1) 6" SLEEVE
(1) 3" SLEEVES
I1.10
I1.10 SLEEVING PLAN.DGNSLEEVING PLAN0 25'50'100'NORTH
MM
N
LL
PROJECT LIMITS
I
48
I2.1
I2.1 IRRIGATION DETAILS.DGNIRRIGATION DETAILSFINISH GRADE
ROTARY HEAD AS SPECIFIED
SWING JOINT AS SPECIFIED
LATERAL PIPE
PVC CLASS 200
.45° MAX.
30° MIN.
NOT TO SCALE
2 TYPICAL ROTOR HEAD
FINISH GRADE¼" MIN.CURB OR BED
EDGE OF PAVEMENT
12" MINIMUMLATERAL PIPE
PVC CLASS 200
PVC TEE
AS SPECIFIED
SWING JOINT
AS SPECIFIED
SPRAY HEAD
NOZZLE
MATCHED PRECIPITATION
1 TURF SPRAY HEAD
NOT TO SCALE
FINISH GRADE
RISER AS SPECIFIED
VALVE BOX &
DIXON SL200F-2"
2" CLOSE DI NIPPLE
EACH CORNER
BLOCKS, ONE
MIN. 4 CONC.
BASE
3/4" AGGREGATE
6" OF WASHED
AS SPECIFIED
2" GATE VALVE
AS SPECIFIED
2" DI SERVICE TEE
NOTES:
1. DELIVER BARBED END OF CHICAGO COUPLING TO OWNER.
6 BLOWOUT ASSEMBLY
NOT TO SCALE
THRUST BLOCK
2SF CONCRETE
6" 6"
NOTES:
6" 6" 28" +/-
3. TWO BUBBLERS PER TREE
OF TREES.
BOTH HEADS ON UPHILL SIDE
2. ON STEEP SLOPES, INSTALL
INSTALLED IN TOPSOIL.
1. HEAD TO BE SECURELY
SPRAY HEAD.
FUNNY PIPE TO
WITH TEE.
LATERAL PIPING
TO HOLD WATER.
ADJUST AS REQUIRED
BERM AROUND TREE.
6" HIGH COMPACTED
BUBBLER AS SPECIFIED
POP-UP SPRAY HEAD WITH
4" MULCH AS SPECIFIED
ROOTBALL
5 TREE IRRIGATION
NOT TO SCALE MIN.3" NOTES:
FINISH GRADE
BOX AS SPECIFIED
10" ROUND VALVE
AGGREGATE
3/4" WASHED
LENGTH AS REQUIRED
4" PVC RISER
COMPACTED SOIL
ONE EACH SIDE
MIN. 2 CONC. BLOCKS ,
TURN DOWN AT ENDS
SUPAC 4NP CLOTH,
DRAIN TO DAYLIGHT
1-1/2" CL 200 PVC
1-1/2" LATERAL 90
HARCO DI
1-1/2" GATE VALVE
SCHED. 80 MALE ADAPTOR
AGGREGATE
1 CY OF 1-1/2" WASHED
DRY WELL WITH MIN.
TEE ON BOTTOM
HARCO DI SERVICE
MAINLINE WITH 1-1/2"
TO STEEL PIPE 36" BEFORE END OF PIPE.
1. DRAIN TO DAYLIGHT WHEREVER POSSIBLE. TRANSITION
7 TYP. MAINLINE DRAIN
NOT TO SCALE
NOTES:
2. PROVIDE 1" MIN. SPACE BETWEEN BOTTOM OF VALVE BOX AND TOP OF MAINLINE.
BETWEEN LID AND TOP OF AIR RELEASE VALVE.
1. ROTATE TEE ON MAINLINE AS NECESSARY TO ENSURE CLEARANCE IS PROVIDED
4 AIR RELIEF VALVE
NOT TO SCALE
AS SPECIFIED
2" GATE VALVE
AIR RELEASE VALVE
BERMAD 2"-C10-SP
AS SPECIFIED
2" DI SERVICE TEE
2" CLOSE DI NIPPLE
FINISH GRADE
EACH CORNER
BLOCKS, ONE
MIN. 4 CONC.
RISER AS SPECIFIED
VALVE BOX &
BASE
3/4" AGGREGATE
6" OF WASHED
THRUST BLOCK
2SF CONCRETE
NOTES:
1. DO NOT DRIVE REBAR THROUGH TABS ON SWING JOINT, STABILIZING BAR TO BE USED.
45° MAX.
30° MIN.3" MIN.2-1/2"
3 TYPICAL QUICK COUPLER
NOT TO SCALE
COMPACTED SOIL
WASHED AGGREGATE
6" MIN. OF 3/4"
ONE EACH SIDE
MIN. 2 CONC. BLOCKS,
BOX AS SPECIFIED
10" ROUND VALVE
VALVE AS SPECIFIED
QUICK COUPLING
VALVE BOX TO FIT
STABILIZING BAR - NOTCH
1" X 18" SCHED. 80
AS SPECIFIED
UNITIZED SWING JOINT
AS SPECIFIED
DI SERVICE TEE
FLOWLATERAL PIPE
MAINLINE/
FINISH GRADE ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
49
I2.2
I2.1 IRRIGATION DETAILS.DGNIRRIGATION DETAILSAA
2 TYPICAL THRUST BLOCKS
18"
36"
36"
B
30"
24"
21"
32"
45"
61"
87"
A
24"
33"
40"
50"
61"
A
12"
18"
24"
30"
36"
B
9"
12"
16"
20"
28"
A
12"
18"
24"
30"
30"
B
24"
12"
40"
56"
30"
A
30"
30"
24"
18"
17"
B
3-4"
6"
8"
10"
12"
ELBOWS
PLUGS
TEES &
SIZE
PIPE
SECTION A-A
FINISH GRADE
CONCRETE THRUST BLOCK A18" MIN.
B
22-1/2°45°90°
NOT TO SCALE
NOTES:
3. THRUST BLOCKS NOT REQUIRED ON 2-1/2" & SMALLER PIPE.
ADEQUATE THRUST BLOCKS IN ALL PIPING INSTALLATION.
2. CONTRACTOR SHALL BE RESPONSIBLE FOR CONSTRUCTING
1. ALL PIPES TO BE CENTERED ON THRUST BLOCKS.
A
A
NOT TO SCALE
CAMLOCK ASSEMBLY3
NOTES:
2. EDGE OF VALVE BOX TO BE 12" OFF OF PAVEMENT EDGE. COORDINATE VALVE BOX ELEVATION WITH PAVEMENT ELEVATION.
1. COORDINATE CAMLOCK ASSEMBLY WITH FITTINGS ON TRAVELING SPRINKLER TO ENSURE COMPATIBILITY.
COUPLER
CAM & GROOVE
2" BRASS FEMALE
LENGTH AS REQUIRED
(2) 2" STEEL RISERS,
AS SPECIFIED
VALVE BOX
OVER MAINLINE
1" MIN. SPACE
BLOCK PER SCHEDULE
CONCRETE THRUST
CAMLOCK ASSEMBLY
RESTRAINT ON PIPE TO
LEEMCO DI TEE W/ LH SERIES
TEE & ELBOW
NO JOINTS BETWEEN
ONE EACH SIDE
MIN. 4 CONC.BLOCKS,
AGGREGATE BASE
6" WASHED 3/4"
ASPHALT PAVING
EXTENSION BOX AS SPECIFIED
2" GATE VALVE AS SPECIFIED
LEEMCO 3X2 TAPPED PLUG
LEEMCO DI ELBOW W/ LH SERIES RESTRAINTS
SIZE AS REQUIRED TO WORK WITH PAVEMENT
THRUST BLOCK PER SCHEUDLE. ADJUST
C
SECTION
PLAN VIEW
WITHIN THE SPHERE OF INFLUENCE
DO NOT INSTALL ANY OTHER WIRES OR CABLE
5 CONTROLLER GROUNDING
(4" x 96" x .0625)
COPPER GROUND PLATE
CONTROLLER
WIRES
BARE COPPER
#6 AWG SOLID
CONNECTION
CADWELD
MATERIAL
EARTH CONTACT
TYP. (5/8" x 8')
GROUND ROD
BOUNDARIES
OF INFLUENCE
ELECTRODE SPHERE
NOT TO SCALE
8-12'10'
DEPTH
OR BELOW FROST
DEPTH: 30" MIN.
GROUND PLATE
NOTES:
1. INSTALL 10" ROUND VALVE BOX OVER GROUND ROD.12"LEGEND:
NOTES:
6. REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS.
5. LAST DECODER ON ALL WIRE PATHS TO BE GROUNDED.
4. GROUND PLATES TO BE A MINIMUM OF 8' PERPENDICULAR FROM 2-WIRE PATH.
CADWELD OR U-BOLT CONNECTORS. RESISTANCE TO BE 10 OHMS OR LESS.
3. DECODER GROUND WIRE TO BE CONNECTED TO GROUND PLATE WITH
2. INSTALL GROUND PLATES EVERY 1000' OR 12TH DECODER ALONG 2-WIRE PATH.
ARCHITECT OF ANY DISCREPANCIES.
INDICATED ON PLANS MEET GUIDELINES SHOWN ABOVE. NOTIFY LANDSCAPE
1. CONTRACTOR SHALL VERIFY THAT LOCATIONS OF GROUND PLATES
2-WIRE PATH
DECODER
DECODER GROUND PLATE
CONTROLLER
6 DECODER GROUNDING SCHEMATIC
MAX.
25'
MAX.
1000'
NOT TO SCALE
DECODER
OR 12TH
12TH DECODER
1000' MAX. OR
12TH DECODER
1000' MAX. OR 500'KEY FOR CONNECTIONS:
14/12 AWG RED
14/12 AWG BLUE
REDBLUETYPCIAL DECODER GROUND
3M MODEL DBY-6
3M MODEL DBR-6
DECODER W/
GROUND WIRE
IDSWIRE
TWISTED
CABLE
FROM GROUND PLATE
BARE COPPER WIRE
WITH DECODER
IN VALVE BOX
ALL WIRE SPLICES
OR BELOW FROST)
MIN. 30" BELOW GRADE
8' FROM TWISTED CABLE,
IRRIGATED AREA,
PLATE (INSTALL IN
4" X 36" GROUND
7
CADWELD OR U-BOLT
NOT TO SCALE
RECEIVER & GUARD
WIRELESS SOLAR SYNC
4 30"18"6"
TYP.TYP.
6"
TYP.
6"
WITH 6/6/6 WWM
TROWEL FINISH,
CONCRETE FOOTING-
CADWELD CONNECTION
SET TO GRADE
SPECIFIED -
VALVE BOX AS
CONDUIT FOR GROUND
GRADE
FINISH
POWER SOURCE
CONDUIT FOR 120 V.
TO OUTLET
J-BOX, CORD PIGTAIL
CONTROLLER TO
POWER LEADS FROM
SURGE ARRESTOR
W/ INTERMATIC #AG2401
GFCI DUPLEX OUTLET
RECOMMENDATIONS
MOUNT PER MFGR'S
SATELLITE CONTROLLERS
GROUND PLATE
AND ON TO
GROUNDING ROD
5/8" X 8' COPPER
2-WIRE PATH
CONDUIT FOR
CAD WELD TO GROUNDING ROD
#6 BARE COPPER GROUND WIRE
SATELLITE CONTROLLERS
NEEDS PRIOR TO ORDERING ANTENNA.
5. PROVIDE MANUFACTURER (HUNTER) CELLULAR SIGNAL TEST TO CONFIRM ANTENNA
4. SEE CONTROLLER GROUNDING DETAIL FOR ADDITIONAL INFORMATION.
3. PROVIDE ONE 2" 2-WIRE CONDUIT.
2. MIN. CONDUIT SIZE TO BE 1".
FOR CONTROLLER PADS WITH ONE CONTROLLER 6/6/6 WWM IS OPTIONAL.
1. FOR CONTROLLER PADS WITH MORE THAN ONE CONTROLLER 6/6/6 WWM IS REQUIRED.
DRAIN
SLOPE TO
6" NOTES:
1" CONDUIT (EXTRA)
NOT TO SCALE
MOUNT ANTENNA
HUNTER EXTERNAL
TRENCHING DETAILS - 2-WIRE
PLANS
LATERAL
SECTIONS
FINISH GRADEFINISH GRADE
LATERAL
MAINLINE
TRENCH
PIPE IN
LATERAL
SNAKE ALL
18"12"18"12"
(IN CONDUIT)
2-WIRE PATH
CONTINOUS
TAPE
MARKING
CONTINOUS
TAPE
MARKING
LOCATED ON AS-BUILT PLANS.
BE MADE IN VALVE BOXES AND
MAINLINE. ALL SPLICES SHALL
ABOVE ALL 120 V. WIRING AND
USE 6" WIDE MARKING TAPE 6"
AFTER MAKING CONNECTIONS.
GREATER THAN 30°. UNTIE ALL LOOPS
CABLE AT ALL CHANGES IN DIRECTION
TIE A LOOSE 20" LOOP IN 2-WIRE COMM
1
NOT TO SCALE
AS SHOWN.
. 2-WIRE COMM CABLE TO BE INSTALLED ON THE SIDE OF THE MAINLINE2
AS SHOWN ON THE PLANS.
1. 120 V. WIRE TO BE INSTALLED ON THE SIDE OF THE MAINLINE IN CONDUIT
NOTES:
SECTION
CONDUIT
PLAN
CONDUIT
FINISH GRADE
MIN.
30"
MARKING TAPE
12"(IN CONDUIT)
2-WIRE PATH
BEDDING.
CABLE
2-WIRE COMM
120 V. WIRE IN CONDUIT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
50
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
D
S
S
S
D DD
DD
D
D
D
D
D D
SSSS
D
D
D
D
5
5
6
4
4
IRRIGATION CONTROLLER SOLAR POWER EQUIPMENT SCHEMATIC6
NOT TO SCALE
NOTES:
3. ALL CONDUIT TO BE PAINTED TO MATCH BUILDING. SECURE CONDUIT TO BUILDING.
YEARS, AND (4) INDICATE HOW PROPOSED EQUIPMENT IS EQUAL TO OR BETTER THAN THE SPECIFIED EQUIPMENT.
INFORMATION CALLED FOR ON NOTE #1 ABOVE. (3) PROVIDE INFORMATION ON SIMILAR INSTALLATIONS WITHIN THE PREVIOUS 3
(3-24VAC IRRIGATION VALVES, 1-24 VAC MASTER VALVE, 10 HRS/DAY, 4 DAYS/WEEK, APRIL-OCTOBER), (2) INCLUDE ALL SUBMITTAL
SUBSTITUTION REQUESTS SHALL; (1) INDICATE THE ABILITY TO OPERATE (1) HUNTER ACC2 CONTROLLER AND 38 DECODERS
2. SOLAR EQUIPMENT TO BE BY CONTROL TECH USA, MODEL #SPS-RSG344213133-1B3, OR EQUAL APPROVED IN ADVANCE.
SIZES, GROUNDING, ELECTRICAL ONE DRAWING, ETC.
INCLUDE DRAWINGS INDICATING MOUNTING ON RESTROOM TILT ANGLE & DECLINATION, ENCLOSURE, SPECIFIC WIRE TYPE &
1. DETAIL IS SCHEMATIC, PROVIDE SUBMITTALS INDICATING ALL EQUIPMENT, WIRE, ETC. FOR INSTALLATION. SUBMITTAL TO
LEGEND:
IRRIGATION CONTROLLER AS SPECIFIED.
4
5
6
7
8
9
10
11
2
3
12
1
CONTROLLER GROUNDING AS SPECIFIED.
2-WIRE CONTROL CABLE IN CONDUIT.
THE MANUFACTURER.
SOLAR PANELS/SOLAR ARRAY.TILT ANGLE AND DECLINATION PER
WEDGE ANCHOR OR SIMILAR.
SOLAR PANEL MOUNT FEET (4) TO BE ANCHORED W/ 3/8" DIA. MIN.
CONDUIT: 1/2" LIQUID TIGHT METALLIC FLEX
GREEN 10 AWG TYPE THWN-2
BLACK 10 AWG TYPE THWN-2
RED 10 AWG TYPE THWN-2
SOLAR ARRAY WIRES:
TO MOUNT ENCLOSURE TO THE WALL.
TO HOLD THE WEIGHT. USE SUPPLIER PROVIDED BRACKETS OR UNISTRUT
APPROXIMATELY 250 POUNDS. ANCHOR MOUNTING BRACKETS SUFFICIENTLY
BATTERIES AND INVERTER. FULLY LOADED ENCLOSURE WILL WEIGH
WALL MOUNT ALUMINUM ENCLOSURE HOUSES SOLAR ELECTRONICS,
6 AWG SOLID COPPER WIRE IN CONDUIT TO GROUNDING SYSTEM.
COVER W/ 10" ROUND VALVE BOX.
COPPER PLATE. CONNECT TO GROUND ROD WITH CADWELD.
GROUNDING SYSTEM - 5/8"X 8' COPPER CLAD ROD AND 3"X 10'
SOLAR GROUND WITH IRRIGATION EQUIPMENT GROUND.
DIRECT BURY 6 AWG SOLID COPPER WIRE MINIMUM TO BOND
PRE-CAST CONCRETE RESTROOM BY OTHERS.
MAXIMUM WIRE LENGTH: 50'
TO IRRIGATION CONTROLLER)
CONDUIT: 3/4' GREY PVC (FROM WALL MOUNT ENCLOSURE
GREEN 10 AWG TYPE THWN-2
BLACK 12 AWG TYPE THWN-2
RED 12 AWG TYPE GHWN-2
120VAC WIRES:
1
2
3
6
8
9
10
7
11
5
12
I2.3
I2.3 IRRIGATION DETAILS.DGNIRRIGATION DETAILS2-WIRE ROUTING PLAN4
2-WIRE SPLICE BOX FOR
SATELLITE CONTROLLER
LEGEND:
2 TYPICAL ELECTRIC CONTROL VALVE
NOT TO SCALE18"12"20
7 8
12
13
4
3
2
1
15
19
ACCESS FOR SERVICING.
3. KEEP CONDUIT BACK FROM ELECTRIC VALVE TO ALLOW
2. REMOVE ANY WATER IN CONDUIT PRIOR TO SEALING ENDS.
ELECTRIC VALVE SIZE CALLED FOR ON PLANS.
1. ADJUST SIZE OF LATERAL 90°, AND PVC FITTINGS TO MATCH
NOTES:
LEGEND:
20. 1" MIN. SPACE BETWEEN LATERAL AND VALVE BOX.
19. MIN. 4 CONC. BLOCKS, ONE EACH CORNER.
SEAL ENDS WITH DUCT SEALANT.
18. 2-WIRE CONTROL CABLE IN CONDUIT, 1" MIN.
LEG COILED UP NEATLY IN VALVE BOX.
17. PROVIDE 3' MINIMUM OF 2-WIRE CABLE ON EACH
16. DECODER, AS SPECIFIED.
15. VALVE ID TAG, AS SPECIFIED.
SPLICES IN VALVE BOX.
14. DBY WIRE CONNECTORS AS SPECIFIED, MAKE ALL
13. PROVIDE 20 EXPANSION COILS EACH WIRE.
12. FINISH GRADE.
11. VALVE BOX AS SPECIFIED, RISER AS REQUIRED.
2" CLEARANCE BELOW VALVE.
10. 6" OF WASHED 3/4" AGGREGATE BASE, MAINTAIN
9. SOLVENT WELD PIPE TO LATERALS.
8. 3" X 2" SCH 80 1 PIECE REDUCER COUPLING.
7. 2" X 4" SCH. 80 T.O.E. NIPPLE.
6. 2" - T X T SCH. 80 UNION.
5. 2" X 2" T.B.E. SCH 80 NIPPLE.
4. ELECTRIC VALVE AS SPECIFIED.
3. 2" HARCO LATERAL 90° SWIVEL.
2. HARCO D.I. SWIVEL TEE.
1. MAINLINE.
9
11
6
5
18
17
10
1614
MASTER VALVE & FLOW SENSOR 3
NOT TO SCALE
FLOW
...
SEE NOTE #1.
NOTES:
DI TAPPED CAP W/ RESTRAINT.
PIPE W/ SCH 80 PVC MALE ADAPTER, SIZE TO MATCH FLOW SENSOR.
PIPE SIZE TO MATCH SIZE OF FLOW SENSOR.
SCH 80 PVC REDUCER, AS REQUIRED.
PVC PIPE, SAME SIZE AS MASTER VALVE.
SCH 80 TOE NIPPLE.
SCH 80 PVC UNION. USE BRASS UNION ON 2" AND LARGER.
DI NIPPLE, SIZE TO MATCH MASTER VALVE.
DI TAPPED CAP W/ RESTRAINT.
MAINLINE.
FLOW SENSOR, ANGLE PER MANUFACTURER'S RECOMMENDATIONS.
MASTER VALVE.
GATE VALVE, SAME SIZE AS MASTER VALVE.
3. SECURE DECODER TO VALVE BOX WITH ZIP-TIE.
2. REFER TO LEGEND ON PLAN SHEETS FOR ADDITIONAL INFORMATION FOR MASTER VALVE AND FLOW SENSOR.
5X PIPE DIA. OF STRAIGHT CLEAN RUN OF PIPE, NO FITTINGS OR TURNS.
1. INLET PIPE LENGTH OF FLOW SENSOR MUST BE MIN. 10X PIPE DIA. STRAIGHT, CLEAN RUN OF PIPE, NO FITTINGS OR TURNS. OUTLET PIPE LENGTH OF FLOW SENSOR MUST BE MIN.
4
5
6
7
8
9
10
11
15
16
18
19
20
21
22
17
MAINLINE, SEE PLAN FOR SIZE
6" 3/4" WASHED AGGREGATE
MIN. 4 CONCRETE BLOCKS, TWO EACH SIDE.
1" MINIMUM SPACE BETWEEN LATERAL AND VALVE BOX.
FINISH GRADE.
VALVE BOX AND EXTENSION, AS SPECIFIED.
MARKER TAPE OVER 2-WIRE PATH IN CONDUIT.
2-WIRE PATH TO CONTROLLER/DECODERS IN CONDUIT, 1" MIN.
WIRE CONNECTORS, AS SPECIFIED.
SLACK DECODER PATH WIRE, AS SPECIFIED.
FLOW SENSOR DECODER (ICD-SEN) WITH WIRES TO FLOW SENSOR AND 2-WIRE PATH.
MASTER VALVE DECODER (ICD-100) WITH WIRES TO MASTER VALVE AND 2-WIRE PATH.
SUBMAINLINE PIPE TO CONTROL VALVES. SEE PLAN FOR SIZE.
23
LEGEND:
1
2
3
13
24
12 25
14 18" MINIMUMCOVER8
6
6
23
23
1
14
13 3
10
9
7 7
2
24
25
19
18
11
17
22
18
21
20
17
12
16
15
POSSIBLE
60-90° IF
INSTALL AT
.
6
5
19
26
26
5
NOTES:
WIRELESS SOLAR SYNC
LEGEND:
4. FINISH GRADE.
3. CONCRETE FOOTING - 18" DIA. x 24" DEEP MIN., SLOPE TO DRAIN.
CUT AT 45° ANGLE AS SHOWN. WELD PLATE ON TOP AS COVER.
2. 6"x6" SQ. TUBE STEEL, PRIME AND POWDER COAT BLACK. TOP TO BE
SENSOR GUARD.
1. SOLAR SYNC AS SPECIFIED. MOUNT TO SQ. TUBE. INSTALL WIRELESS
IS 800' FIELD VERIFY.
2. MAX. DISTANCE FROM CONTROLLER
1. TUBE STEEL TO BE WATER TIGHT.
1
2
4
3
24"10'NOT TO SCALE NOT TO SCALE
FUTURE CONNECTION
WIRE PATH #2 (GRAY)
WIRE PATH #1 (BLUE)
NOTES:
2. INSTALL PULL BOXES AS NOTED ON DETAIL.
INSTALL MARKER TAPE OVER 2-WIRE PATH.
1. ALL WIRE SHALL BE INSTALLED IN CONDUIT, 1" MIN. ALONG MAILINE. 18" MIN. 1 2-WIRE CONTROL PULL / SPLICE BOX
DRAWINGS.
2. INCLUDE PULL/SPLICE BOXES ON AS-BUILT
CONDUIT WITH DUCT SEALANT.
TO WITHIN 6" OF CARSON BOX COVER AND CLOSE
1. AT PULL/SPLICE LOCATIONS EXTEND CONDUIT
DIRECTIONAL CHANGES
& AT ALL JUNCTIONS &
PULL BOXES 300' O.C. MAX.
4
3
10
76" MIN. NOTES:
LEGEND:
6
5
9
8
2
1
10. CONC. SUPPORT BLOCK EACH CORNER.
PERMITTED ONLY AT DECODERS.
9. SPLICES MADE WITH DBY SPLICE KITS. FIELD SPLICES
8. MIN. 60" LOOP OF CONDUCTORS IN PULL BOX.
7. 90° SWEEP ELL.
6. PVC SCHED 40 CONDUIT SIZE AS REQUIRED, 1" MIN.
5. MIN. 4" DEPTH CRUSHED AGGREGATE.
AND DECODERS.
4. 2-WIRE COMM CABLE TO SATELLITE CONTROLLERS
3. PANDUIT HTDU 3R-E MARKER TAPE CONTINUOUS.
ELECTRICAL MARKING.
2. CARSON 1419-12 BOX & 1419-3B GREY COVER,
1. FINISH GRADE
NOT TO SCALE
NIC - FUTURE PHASE
D
51
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
LEGEND:
POTENTIAL FUTURE DONOR TREE
3'-5' DIAMETER GRANITE LANDSCAPE BOULDERS.
4" DEEP SHREDDED MULCH AREA AT PLANTS AS SPECIFED. MULCH AREA TO TAKE INTO ACCOUNT MATURE SIZE OF PLANT AS SHOWN ON PLANS.
EDGING AS SPECIFIED
NOTES:
13. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
WALKWAYS.
12. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND CONCRETE
11. NO TREE OR SHRUB SHALL BE PLANTED OVER OR WITHIN 5' LATERALLY FROM ANY UNDERGROUND UTILITIES.
10. NO TREES SHALL BE PLANTED CLOSER THAN 10' TO A FIRE HYDRANT, CYCLING RAMPS, SIGNAGE, STREET LIGHTS, ETC. ADJUST LAYOUT IF NECESSARY.
9. AREAS THAT ARE TOO SMALL TO BE DRILL SEEDED SHALL BE BROADCAST, RAKED IN, AND ROLLED.
8. CONTRACTOR SHALL COORDINATE IRRIGATION SYSTEM LAYOUT WITH PLANTINGS.
7. THE INSTALLATION OF LAWNS, PLANT MATERIAL AND IRRIGATION SYSTEM SHALL BE PERFORMED BY ONE CONTRACTOR.
DETERMINE FULL SCOPE OF POTENTIAL SITE DISTURBANCE TO BE RECLAIMED.
IN THE REMOVAL OR DISPLACEMENT OF EXISTING GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW ALL OTHER CONTRACT DOCUMENTS TO
INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE, STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR TRAFFIC THAT RESULTS
6. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION ACTIVITIES
5. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN CONSENT FROM THE LANDSCAPE ARCHITECT.
4. IN THE EVENT OF A DISCREPANCY, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY.
3. ALL PLANT MATERIAL SHALL BE INSTALLED AS DETAILED AND PER SPECIFICATIONS.
2. ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN ASSOCIATION OF NURSERYMANS NATIONAL STANDARD SPECIFICATIONS.
ADJACENT PROPERTY SHALL BE CONTRACTORS RESPONSIBILITIES. REPAIR ANY DAMAGE BACK TO ORIGINAL CONDITION.
1. CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INSTALLATION, EXCAVATION, OR PLANTING OPERATIONS. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR
SHRUBS
KEY QTY COMMON NAME BOTANICAL NAME
SIZE ROOT
PLANT SCHEDULE:
SHADE TREES
CHB 2-1/2"B&B 50'45'
HEIGHT
MATURE
SPREAD
MATURE
TOLERANT
DROUGHT
YES
(HEIGHT)
SIZE
PLANTING
12' COMMON HACKBERRY CELTIS OCCIDENTALIS
NHL NORTHERN ACCLAIM HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. 'HARVE'2-1/2"B&B 35-45'30-35'YES
IHL IMPERIAL HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. INERMIS 'SKYCOLE'2-1/2"B&B 40-50'30-35'YES
FRM FREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NOFRMFREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NO
SAL SENTRY AMERICAN LINDEN TILIA AMERICANA 'SENTRY'2-1/2"50-70'30-50'NOB&B
RDL REDMOND LINDEN TILIA AMERICANA 'REDMOND'2-1/2"40-60'25-30'NOB&B
NHE NEW HORIZON ELM ULMUS X 'NEW HORIZON'2-1/2"60'40'YESB&B
RDM RED MAPLE ACER RUBRUM 2-1/2"40-50'40'YESB&B
RRM RED ROCKET MAPLE ACER RUBRUM 'RED ROCKET'1-1/2"8' 40'10'NOB&B
QUA QUAKING ASPEN POPULUS TREMULOIDES (SINGLE & MULTI-STEM)1-1/2"8-10' 50-75'30'YESB&B
CBS COLORADO BLUE SPRUCE PICEA PUNGENS 'GLAUCA'6-8' 50'20'YESB&B
BHS BLACK HILLS SPRUCE PICEA GLAUCA 'DENSATA'6-8' 20-40'10-15'YESB&B
MLL MORDEN LITTLE LEAF LINDEN TILIA CORDATA 'MORDEN'2-1/2"30-50'30-50'YESB&B
ORNAMENTAL TREES
EVERGREEN TREES
WRB WESTERN RIVER BIRCH BETULA OCCIDENTALIS (MULTI-STEM)1-1/2"8'15-20'15-20'NOB&B
ORNAMENTAL GRASSES
BO 12-18" BLUE OAT GRASS HELICTOTRICHON SEMPERVIRENS #1 CTN 3'3'YES
FG FLAME GRASS MISCANTHUS SINESNSIS 'PURPURASCENS'#1 CTN 12-18" 4-5'2-3'YES
HM HEAVY METAL BLUE SWITCHGRASS PANICUM VIRGATUM 'HEAVY METAL'#1 CTN 12-18" 4 3'YES
KF KARL FOERSTER FEATHER REED GRASS CALAMAGROSTIS ACUTIFLORA 'KARL FOERESTER'#1 CTN 12-18" 3-5'2-3'YES
GM 2' GOLDMOUND SPIREA SPIRAEA JAPONICA 'GOLDMOUND'CTN 3'3'YES
NB LITTLE DEVIL NINEBARK PHYSOCARPUS OPULIFOLIUS 'DONNA MAY'CTN 3' 4'3'YES
CS CREEPING SCOTCH PINE PINUS SYLVESTRIS 'HILLSIDE CREEPER'CTN 12-18" 2'7'YES
GL GRO-LOW SUMAC RHUS AROMATICA 'GRO-LOW'
OG OLD GOLD JUNIPER JUIPERUS CHINENSIS 'OLD GOLD'CTN 12-18" 2-3'5'YES
BU BUFFALO JUNIPER JUNIPERUS SABINA 'BUFFALO'#5 CTN 12-18" 2'5'YES
SS SKUNKBRUSH SUMAC RHUS TRILOBATA CTN 3' 4-5'3-6'YES
GF GOLDFINGER POTENTILLA POTENTILLA FRUTICOSA 'GOLDFINGER'CTN 2' 3'3'YES
SN SNOWMOUND SPIREA SPIRAEA NIPPONICA 'SNOWMOUND'CTN 3' 4'4'YES
DY ARCTIC FIRE YELLOW DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE YELLOW'CTN 3' 5'6'NO
DR ARCTIC FIRE RED DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE RED'CTN 3' 4'4'NO
CTN 12-18" 2'7'YES
6'
6'
#5
#5
#5
#5
#5
#5
#5
#5
#5
#5
* QTY - DOES NOT INCLUDE FUTURE DONOR TREES
14
1
2
3
3
5
1
1
0
3
3
0
10
0
0
0
24
15
0
0
0
4
31
10
6
0
12'
12'
12'
12'
12'
12'
12'
12'
0
0
0
L1.1
NOTES & DETAILS.DGN
L1.1 PLANTING LEGENDPLANTING LEGEND & NOTESMANDATORY LANDSCAPE PROVISIONS
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
COTTONWOOD
11 (DONOR)
15
PROVISIONS AND NOT PREVIOUSLY ACCOUNTED FOR
NUMBER OF TREES SHOWN BEYOND MANDATORY LANDSCAPE
TOTAL TREES PROVIDED
TOTAL TREES REQUIRED
FRONTAGE (LF)
STREET FRONTAGE LANDSCAPING
SQUARE FOOT OF LANDSCAPING PROVIDED
SQUARE FOOT OF REQUIRED LANDSCAPING
TOTAL PROVIDED
TOTAL TREES REQUIRED
PERFORMANCE STANDARD TREES
STANDARD NUMBER OF TREES REQUIRED
PARKING STALLS
PARKING LOT LANDSCAPING
9
8
420
2,730 SF
2,380 SF
21
21
8
13
119
OAK
PLAN CHANGES:1
1
2 REVISED
QUANTITIES UPDATED
1
2
2
Exhibit B
52
S
D
D D 47434743474447444743
4744
4745
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROAD1SAL
MATCH LINEMATCH LINEVISIO
N TRIA
NGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.2
L1.2 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
"NIC - FUTURE PHASE" PLANTERS AND TREES REMOVED.
PLAN CHANGES:
-
53
4744474547464743
4744
4745
4746
4747
47484749SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
4GL
1NHL
1SAL
1NHE
1NHE
1NHE
1MLL
1MLL
1MLL
1MLL
1SAL 1SAL
1SAL1SAL
3FG 8GL
9GF
4GL 3FG
2HM 2GL
7KF
2BU 2BU
4GL
6HM
OAK STREET
1NHL1NHL
1RDL
1RDL
1SAL
1SAL
1SAL
1MLL
5SN
5SN
2HM
2GL
1SAL
17KF
MATCH LINEMATCH LINE1NHL
1NHL MATCH LINEMATCH LINEMATCH LINE
VIS
ION
TR
IANGLEVISION
T
RI
ANGL
E
1SAL
VISION TRIANGLE
1SAL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.3
L1.3 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 BIKE RACKS, SEE 2/L2.2.
4' H PLANTED SCREEN AT PARKING.2
1
22
2
RACKS AND SIDEWALK.
WEED BARRIER AND BARK MULCH IN PLACE OF FUTURE BIKE
CONCRETE WALKWAY & BIKE RACKS NIC - FUTURE PHASE. INSTALL
3
3
PLAN CHANGES:
1
EDGING ADDED.
PLANTER AREA AND 4 TREES REMOVED.
2
1
2
2
1
1
54
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
FUTURE PROJECT
MATCH LINEIHL
IHL MATCH LINEMATCH LINE
IHL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.5
L1.5 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PLAN CHANGES:1
"NIC - FUTURE PHASE" PLANTERS AND TREES REMOVED.-
55
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
4
7
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
1RDM
1SAL 1SAL
1FRM
3RRM
3RRM
1IHL
MATCH LINEMATCH LINEIHL
IHL
1NHL MATCH LINEMATCH LINEMATCH LINE
6GF6GF
7KF
TOILET
VAULT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.6
L1.6 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PLAN CHANGES:
1 PLANTER AREA AND 9 TREES REMOVED AT RETENTION POND.
1
1
56
S
MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROAD3BHS
3CBS
MATCH LINEMATCH LINEARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.7
L1.7 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PLAN CHANGES:
1 PLANTER AREA AND TREES AT RETENTION POND REMOVED.
1
1
57
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
47394740474147424743
47434743474447444745474647394740474047414741474247424743
4744
474547374
7
3
7 473847394742
4743
4744
4745
4746
4747
47484749
FUTURE SYNTHETIC TURF FIELD SYNTHETIC TURF FIELD
FUTURE DOG PARK FLANDERS MILL ROADRETENTION POND
FACILITY
MAINTENANCE
FUTURE
PROJECT LIMITS
MATCH LINE
OAK STREET
VISION TRIANGLEVISION T
RI
ANGLEVISION TRIANGLECOTTONWOOD ROADVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.8
L1.8 SEEDING PLAN.DGNSEEDING PLAN0 25'50'100'NORTH
LEGEND:
SITE DISTURBANCE TO BE RECLAIMED.
ALL OTHER CONTRACT DOCUMENTS TO DETERMINE FULL SCOPE OF POTENTIAL
GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW
TRAFFIC THAT RESULTS IN THE REMOVAL OR DISPLACEMENT OF EXISTING
STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR
ACTIVITIES INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE,
SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION
1. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND
PLANTER AREA.
DRILL SEEDED DRYLAND GRASS & HYDROMULCH AS SPECIFIED.
NOTES:
PLAN CHANGES:
1
PLANTER AREAS AT ENTRY REPLACED WITH DRYLAND GRASS.
PLANTER AREAS AT RETENTION POND REPLACED WITH DRYLAND GRASS.
SEEDED AREA EXTENDED TO SIDEWALK.
2
1
3
2
3
3
1
58
S
S
S
S
S
S
S
S
D
DDDD
D
DD
DD
D
D
D
D
D
D
D D
D
PROJECT EXTENTSD
D
D
D
NOTES:
17. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
CONCRETE WALKWAYS.
16. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND
15. PIPING AND EQUIPMENT MAY BE SHOWN IN PAVED AREAS FOR GRAPHICAL CLARITY. PIPING AND EQUIPMENT TO BE INSTALLED IN ADJACENT LANDSCAPING AREAS.
14. PROGRAMMING OF CONTROLLERS BE COORDINATED WITH EXISTING SCHEDULES TO ENSURE ATHLETIC FIELDS ARE THE HIGHEST PRIORITY.
REQUIREMENTS AT THE PUMP STATION DISCHARGE ARE 500 GPM AT 112 PSI.
13. DESIGN BASED ON 0.24"/DAY WATER REQUIREMENT, 6 DAYS/WEEK WITH AN 8 HOUR WATER WINDOW WITH 45 PSI AT ALL I-20 SPRINKLER HEADS. OVERALL SYSTEM
12. ALL EXTERIOR CABINETS AND EQUIPMENT ENCLOSURES TO BE STAINLESS STEEL FINISH.
11. VERIFY SIGNAL STRENGTH AND AIR CARD NEEDS AT EACH SATELLITE CONTROLLER.
10. ADJUST ALL HEADS AS REQUIRED TO PREVENT OVERSPRAY ONTO BUILDINGS AND STREETS.
BE ELECTRICAL GRADE SCHEDULE 40 PVC. ALL CONDUITS ABOVE GRADE SHALL BE SCHEDULE 80 PVC.
9. ALL CONDUIT TO BE 1" MINIMUM. CONCEAL OR BURY WHEREVER POSSIBLE. ALL VISIBLE CONDUITS SHALL BE ROUTED AS DIRECTED. ALL BURIED CONDUITS SHALL
FLOWS 51 GPM AND GREATER TO HAVE 2" CONTROL VALVES.
8. ZONES WITH FLOWS THROUGH 20 GPM TO HAVE 1" CONTROL VALVES. ZONES WITH FLOWS 21 THROUGH 50 GPM TO HAVE 1-1/2" CONTROL VALVES. ZONES WITH
7. CONTRACTOR SHALL MAINTAIN AN ACCURATE, CURRENT AS-BUILT ON THE JOB AT ALL TIMES.
FIELD VERIFY.
6. LOCATIONS OF AIR RELIEF VALVES MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL HIGH SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FIELD VERIFY.
5. LOCATIONS OF MAINLINE DRAINS MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL LOW SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FUNCTIONAL SYSTEM.
COORDINATE AND PAY FOR ALL TECHNICAL SUPPORT NEEDS WITH CONTROL SYSTEM MANUFACTURER AND SERVICE PROVIDERS AS REQUIRED FOR COMPLETE AND
4. CONTRACTOR SHALL PROVIDE ALL DEVICES, WIRING AND PROGRAMMING AT CONTROLLER FOR A COMPLETE OPERATIONAL SYSTEM. CONTRACTOR SHALL
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER, SIZE, AND LOCATION IS PROVIDED. SEE SLEEVING PLAN, I11.
INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V. AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO BE
3. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS THE
FEATURES. REASONABLE CHANGES IN PIPE LAYOUT MAY BE MADE BY THE CONTRACTOR WITH THE ADVANCE APPROVAL OF THE LANDSCAPE ARCHITECT.
2. IRRIGATION PLAN IS DIAGRAMMATIC IN NATURE. FIELD ADJUSTMENT OF IRRIGATION COMPONENTS MAY BE NECESSARY TO AVOID CONFLICTS WITH EXISTING SITE
BE CONTRACTOR'S RESPONSIBILITY.
1. CONTRACTOR SHALL VERIFY LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR ADJACENT PROPERTY SHALL
LEGEND:
SYMBOL DESCRIPTION SIZE MANUF.MODEL NUMBER
D
ZONE #
GPM
44' RADIUS
38' RADIUS
34' RADIUS
31' RADIUS
19' RADIUS
14' RADIUS
10' RADIUS
5' X 15', 5' X 30'
12' RADIUS
8' RADIUS
-
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
SPRAY SPRINKLER
SPRAY SPRINKLER
BUBBLER(S)
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
D
SATELLITE CONTROLLER
MASTER VALVE/FLOW SENSOR
WEATHER SENSOR
ELECTRIC CONTROL VALVE
QUICK COUPLING VALVE
MAINLINE DRAIN VALVE
ISOLATION VALVE
AIR RELIEF VALVE
A2C-75D-SS-PED-SS W/ A2C-LTEM W/ EXTERNAL ANTENNA-10010100
3300300/QS200-30
WSS-SEN
PESB SERIES
44 LRC
C10-SP
HUNTER
SUPERIOR/FLOMEC
HUNTER
RAINBIRD
RAINBIRD
AS SPECIFIED
AS SPECIFIED
BERMAD
I-20-06-CV-8.0, 8.0 GPM @ 45 PSI
I-20-06-CV-3.0, 3.0 GPM @ 45 PSI
I-20-06-CV-2.0, 2.0 GPM @ 45 PSI
I-20-06-CV-1.5, 1.5 GPM @ 45 PSI
MP2000 @ 40 PSIPRS40-CV-PROS-06-
MP1000 @ 40 PSIPRS40-CV-PROS-06-
MP800SR @ 40 PSIPRS40-CV-PROS-06-
PROS-06-PRS40-CV-MPLCS/RCS-515 & MPSS-530
PROS-06-PRS30-CV-12 SERIES, 30 PSI (GREEN)
PROS-06-PRS30-CV-8 SERIES, 30 PSI (BROWN)
PROS-06-CV-PCN-10, 1.0 GPM @ 30 PSI (2/TREE)
75 STATION
3"/3"
AS NOTED
1"
LINE SIZE
2"
PA-1
222.6
2"
SEE NOTES
AS SHOWN
AS SHOWN
AS SHOWN
SEE DETAILS
SEE DETAILS
SCHEDULE 40
SCHEDULE 40 SOLVENT WELD
CLASS 200 GASKETED
CLASS 200 GASKETED
BLOWOUT ASSEMBLY
CAMLOCK CONNECTION
SLEEVES - PVC
LATERAL LINE - PVC
IRRIGATION SUBMAIN - PVC
IRRIGATION MAIN- PVC
GROUNDING LOCATIONGL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.1
& NOTES.DGN
I1.1 IRRIGATION LEGENDIRRIGATION LEGEND & NOTES LEGEND:
NATIVE GRASS
PLANTER
NATURAL TURF (NONE THIS PHASE)
OAK STREETCOTTONWOOD ROADTURF FIELD
SYNTHETIC
FUTURE FLANDERS MILL ROADBAXTER LANE
TURF FIELD
SYNTHETIC
FUTURE
DOG PARK
FUTURE
FACILITY
MAINTENANCE
FUTURE
NOT TO SCALE
1 IRRIGATED AREA
NIC - FUTURE PHASE, NO IRRIGATION THIS PHASE.
1
PLAN CHANGES:
1 SPRINKLER ADDED TO LEGEND.
1
59
S
D
D D 4743474347444743
4744
4745
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROADMATCH LINEMATCH LINED15
24.0
D14
98.1
1-1/2"
1"
1-1/2"
1"
1-1/2"
1-1/2"
3"
3"4"
1"
1"
GL
I1.2
I1.2 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
1
INSTALL DI CAP & T-BLOCK.2
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL AT TEE.3
4
3
4
3
3
3
3
2
PLAN CHANGES:
-"NIC - FUTURE PHASE" IRRIGATION REMOVED.-
60
4744474547464743
4744
4745
4746
4747
47484749VIS
ION
TR
IANGLEVISION
T
RI
ANGL
EVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
OAK STREET
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D8
28.0
D7
25.5
D11
6.0
D9
43.3
2"
1-1/2"
1"1"
1-1/2"
1"
1-1/2"
1"
1-1/2"
1"
1"
2"1-1/2"
1-1/2"
1"
1-1/2"1"
1"
1"
3"3"
D12
32.5
D13
25.5 4"
1"
1"1"
GL
4"
4"4"
4"
1"
1-1/2"
1"
1-1/2"
1-1/2"
1"
1"
1"
1"
D10
36.4
2"
1-1/2"
1"1"
I1.3
I1.3 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
2
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT 2
2-WIRE PATH.
INSTALL DECODER AND GROUNDING EQUIPMENT AT END OF 3
1
3
1
1
PLAN CHANGES:
1
1
SPRINKLER ADJUSTMENTS.
61
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINE
D24
25.4
D25
10.0
1-1/2"
1-1/2"
1"
1"
GL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.5
I1.5 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1
1
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
INSTALL DI CAP & T-BLOCK.
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL AT TEE.
3
4
5
4
5
4
3
PLAN CHANGES:
"NIC - FUTURE PHASE" IRRIGATION REMOVED.-
62
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
4
7
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D30
70.5
D29
70.5
D26
18.0
D28
37.7 D6
3.0
D27
2.7
6"
6"
6"
1"
2"
3"
2"
1"
1-1/2"
1-1/2"
3"
1"1"
1"
1"
1"
1"
4"
GL
4"
4"
4"
8"
4"
GL
4"
4"
D
1"
TOILET
VAULT
1-1/2"
2"
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.6
I1.6 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
INSTALL DI CAP AND T-BLOCK.3
1
3
2
NOT USED.4
3
5
SEE 6/I2.3 FOR CONTROLLER SOLAR POWER REQUIREMENTS.5
1
8" FUTURE MAINLNE REMOVED.
IRRIGATION AT RETENTION POND PLANTERS AND TREES REMOVED.
PLAN CHANGES:1
1
-
63
S
SHED
FUTURE STORAGE GROUNDWATER:4737.30POND BOTTOM:4740.30PONDSTORMWATER RETENTION MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROADMATCH LINEMATCH LINED2 D3
24.0
D5
72.0
D4
24.0
1-1/2"
1"
1-1/2"
1-1/2"
1"
3"
1"
1"
2"
1-1/2"
1-1/2"
4"GL
D1
USED
NOT
USED
NOT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.7
I1.7 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
1
NOT USED.2
PLAN CHANGES:
1
CHANGES ON AS-BUILT DRAWING.
RENUMBER ZONES BEGINNING AT D3. D3 TO BE D1. INCLUDE
ELECTRIC CONTROL VALVES DI & D2 REMOVED.
IRRIGATION AT RETENTION POND PLANTER AND TREES REMOVED.
2
1
2
1
64
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.9
I1.9 SLEEVING PLAN.DGNSLEEVING PLAN0 25'50'100'NORTH
INFORMATION.
4. REFER TO ALL DRAWINGS, DETAILS AND SPECIFICATIONS FOR ADDITIONAL
SLEEVES REQUIRED FOR CONSTRUCTION OF THE IRRIGATION SYSTEM ARE PROVIDED.
CONTRACTOR ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE ALL
3. ANY SLEEVES SHOWN ON SLEEVING PLAN ARE FOR THE CONVENIENCE OF THE
SIZE, AND LOCATION IS PROVIDED.
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER,
AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
BE INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V.
SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO
THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION
SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS
2. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL
TYPICAL LATERAL LINE, AND 18" FOR ALL MAIN/SUBMAINLINES.
1. COORDINATE WITH IRRIGATION PLAN TO DETERMINE DEPTH OF COVER. 12" FOR
KEY NOTES:
1 -
NOTES:
H
D
B
D D J
B
C
C
B B B
B B B
B B
B
E EEE
A
D
A
A
A
N
A
B
C
PROJECT LIMITS
(1) 3" SLEEVE
(2) 3" SLEEVES
(3) 3" SLEEVES
(1) 8" SLEEVE
(2) 3" SLEEVES
(1) 8" SLEEVE
(1) 10" SLEEVE
(1) 3" SLEEVE
A
H
G
F
E
D
C
B
E
SLEEVE LOCATION
(1) 3" SLEEVE
(1) 8" SLEEVE
(1) 8" SLEEVE
(1) 3" SLEEVE
(1) 12" SLEEVE
(1) 3" SLEEVE
(1) 4" SLEEVEK
M (1) 8" SLEEVE
(2) 3" SLEEVES
LEGEND:
(1) 8" SLEEVE
(2) 6" SLEEVES
(1) 3" SLEEVE
J
L (1) 10" SLEEVE
(2) 3" SLEEVES
I
N (1) 6" SLEEVE
(1) 3" SLEEVES
PLAN CHANGES:
1
"NIC - FUTURE PHASE" SLEEVES REMOVED.
3" SLEEVE ADDED.
6" SLEEVE CHANGED TO 8".
1
A
1
2
-
2
65
851 Bridger Dr., #1, Bozeman, MT 59715 | phone: 406-522-8594
www.seaeng.com
Engineers and Land Surveyors
June 24, 2025
City of Bozeman Planning Department
20 E. Olive St. 2nd Floor
Bozeman, MT 59715
Via: ProjectDox
RE: Bozeman Sports Park—Park Master Plan Renewal
Dear Planning Director:
I am writing to request the renewal of the Bozeman Sports Park’s Park Master Plan
(PMP) approved in 2017, which has since expired. Phase 1a was constructed in 2018
and 2019; and Phase 1b is currently planned for construction in 2025.
The original PMP included “project-sized” phases, without order—giving the park flexibility
in its development. Our goal is to proceed with developing a new phase of the park
(Phase 2) on the south end as envisioned in the original PMP. Planned improvements
include the parking lot at the south end of the development along with two artificial turf
fields west of the new parking lot along Oak Street. A separate Site Plan application has
already been submitted that show specifics on the proposed improvements for this phase.
To move forward, we kindly ask for the Planning Department’s review and approval to
renew the PMP with a 5-year extension, ensuring alignment with current regulations and
community needs.
Thank you for your time and consideration.
Sincerely,
Stahly Engineering, Inc
_________________
Zach Lowe, PE
Exhibit C
66
Bozeman Sports Park
Park Master Plan Extension Narrative
The Bozeman Sports Park, a 79.869-acre city-owned property acquired in 2013, is ideally located
between Baxter Lane, Cottonwood Road, Oak Street, and Flanders Mill Road. With
approximately 71 acres of developable land (excluding rights-of-way), the park is a cornerstone
of community recreation.
The original Bozeman Sports Park Master Plan was thoughtfully craſted through collaboration
among DOWL (civil engineers), Siegfried (sports park consultants), and Steiner-Thuessen
(landscape architects), with valuable input from the Bozeman Sports Park Foundation, Gallatin
Valley Land Trust, Bozeman School District, Run Dog Run, city departments (Parks, Planning, and
Engineering), and the public. Five concept plans were evaluated during three Interactive
Workshop Environments (IWEs), culminating in a public open house at City Hall to present the
preferred design and gather additional feedback.
Phase 1a, completed in 2017–2018, brought the park to life with four natural turf fields (Fields
1–4) at the north end, two artificial turf fields just south, a 229-stall north parking lot, a
restroom/concession building, a shade structure, a pavilion, and a playground. Critical
infrastructure was also established, including stormwater ponds and mains, relocation of the
Maynard Irrigation Pipeline to the park’s eastern edge, and a versatile irrigation system that can
draw from decreed water rights or municipal sources.
Since Phase 1a, Cottonwood Road and Oak Street have been built, and Gallatin High School,
which opened in 2020 just south of the park, has become a key partner. The Bozeman School
District recently proposed a collaborative project, in line with the original park master plan, to
develop two additional artificial turf fields in the southwest portion of the park, along with a
small adjacent parking lot, as part of Phase 1b, which is now in planning. To move forward, a
five-year extension of the existing Park Master Plan is needed to ensure continued progress and
alignment with community goals.
The revised Park Master Plan map, included with this submission, shows Phase 2 in the
southwest section of the Bozeman Sports Park. Future phases will add four fields bridging
Phases 1b and 2, a southeast area with a City Maintenance building and a dog park, and the
large parking lot off Cottonwood Road.
67
W OAK STREETCOTTONWOOD ROADFUTURE PHASE CPHASE 2PROPOSED PROJECT2025FUTURE PHASE BPHASE 1B-2FUTURE PROJECTPHASE 1BPLANNED PROJECT2025 BY OTHERSFUTURE PHASE AEXISTINGEXISTINGEXISTINGEXISTINGFUTURE PHASE DOSPOVERALL SITEPLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859468
2
Figure 1: Rendering of Final Master Site Plan for the Bozeman Sports Park.
69
Overall Project Budget Total BSD#7 COB
Design 230,618$ 184,088$ 46,530$
Construction 1,672,687$ 1,442,742$ 229,945$
Startup, Excavation & Grading 257,707$ 257,707$ -$
Parking Lot 456,955$ 456,955$ -$
Stormwater 98,513$ 98,513$ -$
Apron & Field Fence& Base Course 81,050$ 81,050$ -$
East-West Path & Center Spine 170,067$ -$ 170,067$
Vault Toilet 56,600$ -$ 56,600$
Landscaping 551,796$ 548,518$ 3,278$
Field Turf 1,373,170$ 1,373,170$ -$
Mid-Block Crossing 150,000$ -$ 150,000$
Total Project Cost 3,426,475$ 3,000,000$ 426,475$
Exhibit D
70
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign the Notice of Award for Construction of
Bozeman Sports Park Phase 2 (PTD29), to Williams Civil Construction, Inc., in
the Amount of $1,723,664.50, and Final Contract Documents Once Received
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Notice of Award for Construction of Bozeman
Sports Park Phase 2 (PTD29), to Williams Civil Construction, Inc., in the Amount of
$1,723,664.50, and Final Contract Documents Once Received
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:The City of Bozeman is partnering with Bozeman School District 7 to
construct an artificial turf athletic field, a 119-space parking lot, an related
site plan improvements at the south end of Bozeman Sports Park along Oak
Street. On December 10, 2024 the City Commission approved a
Memorandum of Understanding (MOU) to establish the roles and
responsibilities for both parties. A first addendum was approved
administratively on July 28, 2025 to authorize a limited scope of services to
allow coordination with concurrent construction of Field 7. This notice of
award for construction of the civil elements of the project is contingent on
Commission approval of a second addendum on the December 16, 2025
agenda approving the final site plan and financing for the project. A
subsequent addendum will be necessary to address field use and
maintenance.
After a successful bidding process and at the recommendation of the project
engineer (attached), the City aims to move forward with a construction
contract with Williams Civil Construction, Inc. The City is also partnering
with the Bozeman Sports Park Foundation on construction of an artificial turf
field in Phase 1 of Bozeman Sports Park (Field 7). The perimeter asphalt
pathway and fencing for Field 7 is to be included in the Williams Contract.
The total contract amount reflects these items pertaining to Field 7.
The field construction will be completed under a separate contract with Field
Turf.
71
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Bozeman School District 7 has agreed to fund the Phase 2 project up to
$3,000,000, with the City providing an additional $426,475. The funding
agreement with the Bozeman Sports Park Foundation outlines funding
through the Parks and Trails District Fund with debt repayment over a five-
year repayment period.
Attachments:
NOTICE_OF_AWARD BZN Sports Park Phase 2.pdf
04_ADD_1_BID FORM 12.04.2025 (1).pdf
Recommendation of Award_2025-12-10.pdf
Drawings-Notice_of_Award-
Bozeman_Sports_Park_School_District_Project.pdf
Report compiled on: December 8, 2025
72
NOTICE OF AWARD
Dated: December 16, 2025
TO: Williams Civil Construction, Inc.
ADDRESS: 370 Companion Way
PROJECT: Bozeman Sports Park Phase 2 (PTD29)
CONTRACT FOR: Synthetic Turf Field and Parking Lot Construction
You are notified that your Bid opened on Thursday, September 18, 2025, amended on December 4,
2025 to reflect a change in scope in landscaping and asphalt for Field 7, for the above Contract has
been considered. You are the apparent Successful Bidder and have been awarded a Contract for
the: Bozeman Sports Park Phase 2 – Field 13 and Parking Lot Construction. The Contract Price of
your Contract is: One Million, Seven-hundred Twenty-three Thousand, Six Hundred Sixty-four
Hundred and Fifty Cents ($1,723,664.50)
Two (2) copies of each of the proposed Contract Documents (except Drawings) accompany this
Notice of Award. One (1) set of the Drawings will be delivered separately or otherwise made
available to you immediately.
You must comply with the following conditions precedent within fifteen (15) weekdays of the date of
this Notice of Award, that is, by Tuesday, January 6, 2026.
1. You must deliver to the OWNER One (1) fully executed counterparts of the Agreement
including all the Contract Documents and Drawings and One (1) PDF of the same.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in
the Instruction to Bidders (Article 20), and the General Conditions (paragraph 5.01).
3. List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in the
General Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider
your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN ATTEST:
BY: ______________________ BY: _____________________
(CITY MANAGER) (CITY CLERK)
DATE:_____________________________
73
9-10-25 1 BID FORM
BID FORM
PROJECT IDENTIFICATION:
Bozeman Sports Park Phase 2
TO: City Clerk
121 North Rouse Avenue, Suite 202
P.O. Box 1230
Bozeman, Montana 59771-1230
THE UNDERSIGNED BIDDER, having familiarized themselves with the Work required by the Contract
Documents, the site(s) where the work is to be performed, local labor conditions and all laws,
regulations, municipal ordinances and other factors which may affect the performance of the Work,
and having satisfied themselves of the expense and difficulties attending performance of the work:
HEREBY PROPOSES and agrees, if this bid is accepted, to enter into an Agreement, in the form
attached, to perform all work for the construction of BOZEMAN SPORTS PARK PHASE 2 including the
assumption of all obligations, duties, and responsibilities necessary for the successful completion of the
contract and the furnishing of all materials and equipment required to be incorporated in, and form
a permanent part of, the work; tools, equipment, supplies, transportation, facilities, labor,
superintendence, and services required to perform the Work; Bonds, Insurance and Submittals; all
as indicated or specified in the Contract Documents to be performed or furnished by Contractor
within the time and for the prices set forth in the following schedules.
The undersigned bidder agrees to be bound by this Bid for a period not to exceed that specified in the
Invitation to Bid.
The undersigned Bidder agrees to furnish the required Bonds and to enter into a contract within fifteen
(15) calendar days after Owner's acceptance of this Bid, and further agrees to complete all Work within
the time specified per schedule after commencement of the contract time as defined in the General
Conditions.
The allowed contract time is 120 calendar days.
Where multiple schedules are awarded under a single Contract, the contract times shall run
concurrently unless separate notices to proceed are issued for the awarded schedules.
The undersigned Bidder agrees that the unit prices shall govern in checking the Bid, and should a
discrepancy exist in the total prices and total amount of Bid as listed above, after extensions are
checked and corrections made, if any, the total amount of the Bid as corrected shall be used in
awarding the contract.
The undersigned Bidder agrees that they have been afforded access to the construction site and have
performed those independent site investigations as deemed necessary.
The undersigned Bidder hereby certifies the following:
12/04/2025
WCC Revised Bid Form to
Include Landscaping/Irrigation
Deducts
Yellow Highlights Indicate
Pricing Revisions
74
9-10-25 2 BID FORM
A) That this Bid is genuine and is not made in the interest of, or on behalf of, any undisclosed person,
firm, or corporation, and is not submitted in conformity with any agreement or rules of any group,
association, organization, or corporation;
B) That they have not directly or indirectly solicited any other Bidder to put in a false or sham Bid;
C) That they have not solicited or induced any person, firm, or corporation to refrain from bidding;
D) That they have not sought by collusion to obtain for himself any advantage over any other Bidder or
over the Owner.
E) That they are not currently operating beyond the contract time on any previously awarded public
works contract as defined and required by Article 15-50-203, MCA, as amended.
The undersigned Bidder(s) either singularly or as a joint venture hereby certifies (certify) pursuant to
Article 37-71-203, MCA, that he (they) is (are) duly and regularly licensed.
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for the following unit
prices or lump sums:
BASE BID
Startup, Excavation and Grading Improvements
$106,500.00 $106,500.00
$13,200.00
$1,100.00
$13,200.00
$1,100.00
$4.60
$5.80
$65,977.80
$11,646.40
$4.50
$107.50
$59,175.00
$107.50
$257,706.70
75
9-10-25 3 BID FORM
$520.40 $4,163.20
$25.75 $2,703.75
$20,600.00 $20,600.00
$0.05 $2,681.90
$1.60 $9,536.00
$19.00 $62,909.00
$44.25 $43,940.25
$35.25 $57,528.00
$17.60 $5,860.80
$2.30 $107,794.10
$17.00 $9,180.00
$18.75 $7,706.25
$9.75 $94,828.50
$1.65 $730.95
$1.20 $4,544.40
$210.50 $1,052.50
$972.80 $16,537.60
$65.60 $4,657.60
$456,954.80
76
9-10-25 4 BID FORM
$1.30 $14,016.60
$12,000.00 $12,000.00
$39,500.00 $39,500.00
$89,000.00 $89,000.00
$154,516.60
$1,100.00 $1,100.00
$3,000.00 $12,000.00
$354.70 $6,029.90
$56.30 $79,383.00
$30.80 $21,498.40
$38.15 $8,011.50
$1.60 $2,009.60
$130,032.40
77
9-10-25 5 BID FORM
BASE BID SUMMARY:
TOTAL BASE BID (in words):
_________________________________________________________________________________________________________
$1.30 $15,550.60
$56,600.00 $56,600.00
$88,500.00 $88,500.00
$250,500.00 $250,500.00
$209,000 $209,000
$632.65 $3,795.90
$623,946.50
$257,706.70
$456,954.80
$154,516.60
$130,032.40
$623,946.50
$1,623,157.00
One Million, Six Hundred Twenty Three Thousand, One Hundred Fifty Seven Dollars and Zero Cents
78
9-10-25 6 BID FORM
ADD ALTERNATES:
ADD ALT #1 CENTER SPINE
ADD ALT #2 FIELD #13 ASPHALT APRON
ADD ALT #3 FIELD #7 ASPHALT APRON
ADD ALT #4 FIELD #13 CHAINLINK FENCE
ADD ALT #5 FIELD #7 CHAINLINK FENCE
ADD ALT #6 BIKE RACKS
$8.20 $88,412.40
$2.50 $28,250.00
$4.85 $56,526.75
$22.40 $21,280.00
$22.40 $21,840.00
$10.50 $10,353.00
$632.50 $12,650.00
$239,312.15
79
9-10-25 7 BID FORM
BASIS OF AWARD If the contract is awarded, the Owner will award a single Contract in accordance with
the Instructions to Bidders. Bidders shall submit a Bid on a unit price basis for each item of Work
listed as provided and described above. The Owner reserves the right to accept or reject the Bids. The
award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible
Bidder which, in the Owner’s sole and absolute judgment, will best serve the interest of the Owner.
The low bidder will be determined on the basis of the lowest Total Combined Schedule 1 Bid.
The undersigned Bidder acknowledged receipt of the following Addenda, which have been considered
in preparation of this Bid:
No. Dated
No. Dated
No. Dated
No. Dated
Submitted this day of , 2025.
SIGNATURE OF BIDDER:
Montana Contractor Registration Number
If an Individual:
doing business as
If a Partnership: by
, partner
If a Corporation:
(a)
by
Title
(Seal &
Attest)
Addendum #1 9/11/2025
18th September
158949
Williams Civil Construction
Quin Williams
President & CEO
80
9-10-25 8 BID FORM
Business Address of Bidder:
If Bidder is a joint venture, other party must sign below:
Montana License Number and Class
If an Individual: doing
business as .
If a Partnership:
by Partner
If a Corporation:
(a) Corporation
by
Title
(Seal &
Attest)
370 Companion Way
Belgrade, MT 59714
81
9-10-25 9 BID FORM
82
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
(name of entity submitting)
hereby affirms it will not discriminate on the basis of race, color, religion,
creed, sex, age, marital status, national origin, or because of actual or
perceived sexual orientation, gender identity or disability and acknowledges
and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall
apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, (name of entity
submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and
Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State
of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best
practices” publication and has read the material.
Name and title of person authorized to sign on behalf of submitter
Williams Civil Construction
Williams Civil Construction
83
December 10, 2025
Addi Jadin
City of Bozeman Parks Dept
P.O. Box 1230
Bozeman, MT 59771-1230
RE: Bozeman Sports Park Ph 2
Dear Addi,
As you are aware, the City of Bozeman received an opened bids for the Bozeman Sports Park Phase 2
project on September 18, 2025. Seven bids were received. As project engineer, Stahly Engineering has
reviewed the results and found one minor math error in the bids that did not affect the final result. The
bid tabulations are included with this recommendation.
After review of the bid documents, we feel that Williams Civil Construction, Inc met the requirements
contain in the Instructions to Bidders. The base bid received from Williams Civil was $1,623,157.00,
which was under the Engineer’s Estimate. The School District and City of Bozeman have decided to
award Add Alternates #s 2, 3, 4, and 5. The bid tabulation is included with this recommendation.
Williams Civil Construction was asked about their Alt 3 price for paving Field 7 and asked if they would
use their submitted unit price for Alt 2/Field 13, to which they agreed. Correcting the Alt 3 math, the
total bid price of awarded Ad Alts (2-5) is $100,507.50, which makes the total project contract amount
with Williams Civil $1,723,664.50.
Stahly Engineering recommends that the City of Bozeman award the Construction contract to Williams
Civil Construction, Inc for the Bozeman Sports Park Phase 2 project (Base Bid + Alts 2-5).
Please feel free to contact me if you have any questions.
Sincerely,
Stahly Engineering & Associates, Inc.
______________________
Zach Lowe, P.E.
enclosure
84
PLAN SHEET INDEXEXISTINGEXISTINGPROPOSEDPROPOSEDLEGENDABBREVIATIONSSITE STATISTICSPROJECT LOCATIONCONSTRUCTION DRAWINGSBOZEMAN SPORTS PARKPHASE 2BOZEMAN, MONTANASHERIDANDANIELSROOSEVELTVALLEYPHILLIPSBLAINEP
E
T
R
O
L
E
U
MFERGUS HILLLIBERTYTOOLEFLATHEADLINCOLNSANDERSLAKEMINERALMISSOULAPOWELLRAVALLIGRANITELEWISANDCLARKCASCADE
JUDITHBASINDEERLODGESILVERBOWJEFFERS
O
N
BROADWATER
MEAGHERWHEATLANDGOLDEN
VALLEY
MUSSELSHELLBEAVERHEADMADISONGALLATINPARKTETONPONDERACHOUTEAUSWEETGRASSSTILLWATERYELLOWSTONECARBONBIG HORNGLACIERRICHLANDMcCONEDAWSONGARFIELDPRAIRIETREASUREROSEBUDCUSTERPOWDERRIVERCARTERFALLONWIBAUXHardinBroadusBillingsEkalakaBakerMiles CityForsythTerryWibauxGlendiveCircleJordanSidneyWinnettRoundupHyshamRed LodgeColumbusBig TimberLivingstonBozemanVirginia CityDillonTownsendBoulderButteAnacondaPhilipsburgHamilton MissoulaSuperiorThompsonFallsLibbyKalispellPolsonHelenaGreat FallsChoteauFort BentonLewistownStanfordHarlowtonRyegateDeer lodgeConradCut BankChesterHavreShelbyChinookMaltaGlasgowScobeyPlentywoodWolf pointWhite SulpherSpringsENGINEER OF RECORD:QUALITY CONTROL REVIEWER:,PEPROJECT VICINITYT1.0TITLE SHEET1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025
MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-8594,PEExhibit A85
W OAK STREETCOTTONWOOD ROADFUTURE PHASE CPHASE 2PROPOSED PROJECT2025FUTURE PHASE BPHASE 1B-2FUTURE PROJECTPHASE 1BPLANNED PROJECT2025 BY OTHERSFUTURE PHASE AEXISTINGEXISTINGEXISTINGEXISTINGFUTURE PHASE DOSPOVERALL SITEPLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859486
PRODUCTPARTY RESPONSIBLE TEST FREQUENCYTEST REQUIREMENT & STANDARDON-SITE MATERIALS TESTINGPRODUCTPARTY RESPONSIBLE FOR SUBMITTALREQUIRED SUBMITTALS PRIOR TO MOBILIZATIONREQUIRED SUBMITTALS DURING CONSTRUCTIONMATERIALS SUBMITTALS REQUIREDGENERAL CIVIL NOTESSURVEY NOTESCONSTRUCTION STAKING NOTESC0.1CIVILSPECIFICATIONS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859487
W OAK STREETCOTTONWOOD ROADC0.2EXISTINGCONDITIONS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859488
W OAK STREETCOTTONWOOD ROADCONSTRUCTION SEQUENCING NOTES:1.INSTALL SWPPP BMP's2.TOPSOIL STRIPPING AND GRUBBING (ENTIRE PROJECT EXTENTS) BY OTHERS.3.MASS GRADING TO SUBGRADE (ENTIRE PROJECT EXTENTS) BY OTHERS.4.STORM RETENTION GRADING5.ARTIFICIAL FIELD TURF INSTALL BY OTHERS.6.PARKING LOT INSTALL (BASE, ASPHALT & CURB)7.SIDEWALKS8.FINISH GRADING AND LANDSCAPINGC0.3CONSTRUCTIONFACILITIES PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859489
W OAK STREETCOTTONWOOD ROADC1.0SITE PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859490
W OAK STREETCOTTONWOOD ROADC4.0OVERALLGRADING &DRAINAGE PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859491
W OAK STREETCOTTONWOOD ROADC4.1ENLARGEDGRADING1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-8594 GRADING NOTES:1.FINISHED GRADE CONTOUR INTERVAL IS 0.25'.2.ACCESSIBLE ROUTES TO COMPLY WITH ADA REQUIREMENTS.3.LANDSCAPED AREAS TO HAVE A SLOPE NO GREATER THAN 4h:1v.4.ENSURE THE WALKS ALONG THE ACCESSIBLE ROUTE HAVE ARUNNING SLOPE OF 1:20 OR 5% MAXIMUM (EXCEPT AT THE CURBRAMPS, WHICH CAN BE UP TO 1:12 OR 8.33%) AND A CROSSSLOPE OF 1:48 OR 2% MAXIMUM. THIS INCLUDES AT THECROSSING OF DRIVE LANES.5.WHERE THE ACCESSIBLE ROUTES INTERSECT, A 48"X48" LEVEL"LANDING" THAT HAS A SLOPE OF 2% MAXIMUM IN ANYDIRECTION IS REQUIRED.6.MAINTAIN POSITIVE DRAINAGE TO CURB INLETS. SLOPE ASPHALTTO NEW CURB AT 1% MIN, 4% MAX.THIS SITE HAS BEEN DESIGNED IN COMPLIANCE WITHTHE STANDARDS OF THE AMERICANS WITHDISABILITIES ACT (ADA) AS CERTIFIED BY THEENGINEER OF RECORD, STAHLY ENGINEERING.ZACH LOWE, PECERTIFIED BY92
W OAK STREET
C4.2PARKING LOTGRADING PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859493
TYPICAL CONCRETE SIDEWALK SECTIONNOTESTYPICAL PAVEMENT SECTIONSNOTESUTILITY SLEEVE DETAILASPHALT APRON SECTIONNEW CHAIN LINK FENCENOTES:GRAVEL PATH SECTIONARTIFICIAL TURF FIEILD SECTION(BY OTHERS)TRAFFIC RATED CONCRETE SECTIONNOTESC4.3SITE DETAILS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859494
RAMP CONSTRUCTION NOTESRAMP DETAIL FORSIDEWALK PERPENDICULAR TO CURBRAMP DETAIL FORSIDEWALK ADJACENT TO CURBTYPICAL CURB DETAILTYPICAL APPROACH DETAILNOTESNOTESRAMP DETAIL FORPLAZA SIDEWALKCURB / VALLEY GUTTER DETAILVALLEY GUTTER DETAILC4.3BSITE DETAILS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859495
GENERAL STORMWATER SYSTEM NOTESNOTESSIDEWALK CHASE DETAILNOTESNOTESRETENTION BASIN DETAILNOTESC4.4STORM &DRAINAGEDETAILS1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859496
-0+250+001+002+00
3+00
4+00
5+00
6+00
7+00
8+00
C4.5STORM PLAN &PROFILE (NORTH)1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859497
7+008+009+00
10+00
11+00
12+00
13+00
14
+
0
0
14
+
3
4
C4.6STORM PLAN &PROFILE (SOUTH)1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859498
W OAK STREETCOTTONWOOD ROADPAVING LEGENDASPHALT(TRAFFIC RATED)CONCRETE SIDEWALK(NON-TRAFFIC RATED)CONCRETE(TRAFFIC RATED)ASPHALT SWALECURB(FULL HEIGHT, CATCH)CURB(LAYDOWN, CATCH)CURB(FULL HEIGHT, SPILL)CURB(LAYDOWN, SPILL)NOTES1.CONTRACTOR TO ENSURE DRAINAGEAT CURB TRANSITIONSGRAVEL SIDEWALK(NON-TRAFFIC RATED)ASPHALT(NON-TRAFFIC RATED)C5.0PAVING PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-859499
W OAK STREET SIGNING NOTES:STRIPING/MARKING NOTES:C6.0SIGNAGE ANDSTRIPING PLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-8594100
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
LEGEND:
POTENTIAL FUTURE DONOR TREE
3'-5' DIAMETER GRANITE LANDSCAPE BOULDERS.
4" DEEP SHREDDED MULCH AREA AT PLANTS AS SPECIFED. MULCH AREA TO TAKE INTO ACCOUNT MATURE SIZE OF PLANT AS SHOWN ON PLANS.
EDGING AS SPECIFIED
NOTES:
13. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
WALKWAYS.
12. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND CONCRETE
11. NO TREE OR SHRUB SHALL BE PLANTED OVER OR WITHIN 5' LATERALLY FROM ANY UNDERGROUND UTILITIES.
10. NO TREES SHALL BE PLANTED CLOSER THAN 10' TO A FIRE HYDRANT, CYCLING RAMPS, SIGNAGE, STREET LIGHTS, ETC. ADJUST LAYOUT IF NECESSARY.
9. AREAS THAT ARE TOO SMALL TO BE DRILL SEEDED SHALL BE BROADCAST, RAKED IN, AND ROLLED.
8. CONTRACTOR SHALL COORDINATE IRRIGATION SYSTEM LAYOUT WITH PLANTINGS.
7. THE INSTALLATION OF LAWNS, PLANT MATERIAL AND IRRIGATION SYSTEM SHALL BE PERFORMED BY ONE CONTRACTOR.
DETERMINE FULL SCOPE OF POTENTIAL SITE DISTURBANCE TO BE RECLAIMED.
IN THE REMOVAL OR DISPLACEMENT OF EXISTING GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW ALL OTHER CONTRACT DOCUMENTS TO
INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE, STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR TRAFFIC THAT RESULTS
6. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION ACTIVITIES
5. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN CONSENT FROM THE LANDSCAPE ARCHITECT.
4. IN THE EVENT OF A DISCREPANCY, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY.
3. ALL PLANT MATERIAL SHALL BE INSTALLED AS DETAILED AND PER SPECIFICATIONS.
2. ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN ASSOCIATION OF NURSERYMANS NATIONAL STANDARD SPECIFICATIONS.
ADJACENT PROPERTY SHALL BE CONTRACTORS RESPONSIBILITIES. REPAIR ANY DAMAGE BACK TO ORIGINAL CONDITION.
1. CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INSTALLATION, EXCAVATION, OR PLANTING OPERATIONS. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR
SHRUBS
KEY QTY COMMON NAME BOTANICAL NAME
SIZE ROOT
PLANT SCHEDULE:
SHADE TREES
CHB 2-1/2"B&B 50'45'
HEIGHT
MATURE
SPREAD
MATURE
TOLERANT
DROUGHT
YES
(HEIGHT)
SIZE
PLANTING
12' COMMON HACKBERRY CELTIS OCCIDENTALIS
NHL NORTHERN ACCLAIM HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. 'HARVE'2-1/2"B&B 35-45'30-35'YES
IHL IMPERIAL HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. INERMIS 'SKYCOLE'2-1/2"B&B 40-50'30-35'YES
FRM FREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NOFRMFREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NO
SAL SENTRY AMERICAN LINDEN TILIA AMERICANA 'SENTRY'2-1/2"50-70'30-50'NOB&B
RDL REDMOND LINDEN TILIA AMERICANA 'REDMOND'2-1/2"40-60'25-30'NOB&B
NHE NEW HORIZON ELM ULMUS X 'NEW HORIZON'2-1/2"60'40'YESB&B
RDM RED MAPLE ACER RUBRUM 2-1/2"40-50'40'YESB&B
RRM RED ROCKET MAPLE ACER RUBRUM 'RED ROCKET'1-1/2"8' 40'10'NOB&B
QUA QUAKING ASPEN POPULUS TREMULOIDES (SINGLE & MULTI-STEM)1-1/2"8-10' 50-75'30'YESB&B
CBS COLORADO BLUE SPRUCE PICEA PUNGENS 'GLAUCA'6-8' 50'20'YESB&B
BHS BLACK HILLS SPRUCE PICEA GLAUCA 'DENSATA'6-8' 20-40'10-15'YESB&B
MLL MORDEN LITTLE LEAF LINDEN TILIA CORDATA 'MORDEN'2-1/2"30-50'30-50'YESB&B
ORNAMENTAL TREES
EVERGREEN TREES
WRB WESTERN RIVER BIRCH BETULA OCCIDENTALIS (MULTI-STEM)1-1/2"8'15-20'15-20'NOB&B
ORNAMENTAL GRASSES
BO 12-18" BLUE OAT GRASS HELICTOTRICHON SEMPERVIRENS #1 CTN 3'3'YES
FG FLAME GRASS MISCANTHUS SINESNSIS 'PURPURASCENS'#1 CTN 12-18" 4-5'2-3'YES
HM HEAVY METAL BLUE SWITCHGRASS PANICUM VIRGATUM 'HEAVY METAL'#1 CTN 12-18" 4 3'YES
KF KARL FOERSTER FEATHER REED GRASS CALAMAGROSTIS ACUTIFLORA 'KARL FOERESTER'#1 CTN 12-18" 3-5'2-3'YES
GM 2' GOLDMOUND SPIREA SPIRAEA JAPONICA 'GOLDMOUND'CTN 3'3'YES
NB LITTLE DEVIL NINEBARK PHYSOCARPUS OPULIFOLIUS 'DONNA MAY'CTN 3' 4'3'YES
CS CREEPING SCOTCH PINE PINUS SYLVESTRIS 'HILLSIDE CREEPER'CTN 12-18" 2'7'YES
GL GRO-LOW SUMAC RHUS AROMATICA 'GRO-LOW'
OG OLD GOLD JUNIPER JUIPERUS CHINENSIS 'OLD GOLD'CTN 12-18" 2-3'5'YES
BU BUFFALO JUNIPER JUNIPERUS SABINA 'BUFFALO'#5 CTN 12-18" 2'5'YES
SS SKUNKBRUSH SUMAC RHUS TRILOBATA CTN 3' 4-5'3-6'YES
GF GOLDFINGER POTENTILLA POTENTILLA FRUTICOSA 'GOLDFINGER'CTN 2' 3'3'YES
SN SNOWMOUND SPIREA SPIRAEA NIPPONICA 'SNOWMOUND'CTN 3' 4'4'YES
DY ARCTIC FIRE YELLOW DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE YELLOW'CTN 3' 5'6'NO
DR ARCTIC FIRE RED DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE RED'CTN 3' 4'4'NO
CTN 12-18" 2'7'YES
6'
6'
#5
#5
#5
#5
#5
#5
#5
#5
#5
#5
* QTY - DOES NOT INCLUDE FUTURE DONOR TREES
16
1
6
2
9
5
1
5
4
3
FUTURE
6
3
3
10
12
32
60
21
110
28
7
14
20
13
48
33
17
25
12'
12'
12'
12'
12'
12'
12'
12'
L1.1
NOTES & DETAILS.DGN
L1.1 PLANTING LEGENDPLANTING LEGEND & NOTESMANDATORY LANDSCAPE PROVISIONS
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
COTTONWOOD
11 (DONOR)
15
PROVISIONS AND NOT PREVIOUSLY ACCOUNTED FOR
NUMBER OF TREES SHOWN BEYOND MANDATORY LANDSCAPE
TOTAL TREES PROVIDED
TOTAL TREES REQUIRED
FRONTAGE (LF)
STREET FRONTAGE LANDSCAPING
SQUARE FOOT OF LANDSCAPING PROVIDED
SQUARE FOOT OF REQUIRED LANDSCAPING
TOTAL PROVIDED
TOTAL TREES REQUIRED
PERFORMANCE STANDARD TREES
STANDARD NUMBER OF TREES REQUIRED
PARKING STALLS
PARKING LOT LANDSCAPING
9
8
420
2,730 SF
2,380 SF
25
21
7
13
119
OAK
LANDSCAPING
PARKING LOT
3,409 SF + ENTRY
101
S
D
D D 47434743474447444743
4744
4745
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROAD10GM
10OG
10GL
11NB
9GL
15NB
10CS
8GL
13NB
11GM
10OG
13GL
1NHL
1NHL
1NHL
1NHL
1CHB
1FRM
1FRM
1SAL
1SAL
1FRM
1FRM
1SAL
MATCH LINEMATCH LINEVISIO
N TRIA
NGLE
1SAL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.2
L1.2 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
NIC - FUTURE PHASE
102
474447454746474
3
4744
4745
4746
4747
47484749SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
4GL
1NHL
1SAL
1NHE
1NHE
1NHE
1MLL
1MLL
1MLL
1MLL
1QUA 1QUA
1QUA
1SAL 1SAL
1SAL1SAL
3FG 8GL
9GF
4GL 3FG
2HM 2GL
7KF
2BU 2BU
4GL
6HM
2DR
1DY
2SS
2DY
3DR
OAK STREET
1NHL1NHL
1RDL
1RDL
1RDL
1RDL 1RDL
1SAL
1SAL
1SAL
1SAL
1MLL
1RDL
7GF
4BO
4BO
9HM
5SN
13GL
8GF
6BO
9BU
14HM
11KF 11FG
6KF
9GL
11BO
12GL
7SN
2HM
2GL
1SAL
17KF
MATCH LINEMATCH LINE1NHL
1NHL MATCH LINEMATCH LINEMATCH LINE
VIS
ION
TR
IANGLEVISION
T
RI
ANGL
E
1SAL
VISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.3
L1.3 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 BIKE RACKS, SEE 2/L2.2.
4' H PLANTED SCREEN AT PARKING.2
1
22
2
RACKS AND SIDEWALK.
WEED BARRIER AND BARK MULCH IN PLACE OF FUTURE BIKE
CONCRETE WALKWAY & BIKE RACKS NIC - FUTURE PHASE. INSTALL
3
3
103
MATCH LINE
FUTURE MAINTENANCE FACILITY
FUTURE DOG PARK
OAK STREET FLANDERS MILL ROADMATCH LINEMATCH LINEARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.4
L1.4 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
104
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
FUTURE PROJECT
6GM
12OG
8GL
9NB
12NB
10CS
10GL
1CHB
1CHB
1CHB
MATCH LINEIHL
IHL
IHL MATCH LINEMATCH LINE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.5
L1.5 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
NIC - FUTURE PHASE
105
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
4
7
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
1RDM
1QUA 1QUA
1QUA
1WRB
1QUA
1QUA
1SAL 1SAL
1FRM
3RRM
3RRM
1WRB
2DR
1DY
2SS
2DY
3DR
6DR
2DY
2SS
1SS
3DR
2DY
IHL
MATCH LINEMATCH LINEIHL
IHL
1NHL MATCH LINEMATCH LINEMATCH LINE
6GF6GF
7KF
TOILET
VAULT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.6
L1.6 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
1
L2.2
106
S
MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROAD3BHS
3CBS
1QUA
1WRB
2DY
5SS
MATCH LINEMATCH LINEARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.7
L1.7 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
107
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
47394740474147424743
47434743474447444745474647394740474047414741474247424743
4744
474547374
7
3
7 473847394742
4743
4744
4745
4746
4747
47484749
FUTURE SYNTHETIC TURF FIELD SYNTHETIC TURF FIELD
FUTURE DOG PARK FLANDERS MILL ROADRETENTION POND
FACILITY
MAINTENANCE
FUTURE
PROJECT LIMITS
MATCH LINE
OAK STREET
VISION TRIANGLEVISION T
RI
ANGLEVISION TRIANGLECOTTONWOOD ROADVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.8
L1.8 SEEDING PLAN.DGNSEEDING PLAN0 25'50'100'NORTH
LEGEND:
SITE DISTURBANCE TO BE RECLAIMED.
ALL OTHER CONTRACT DOCUMENTS TO DETERMINE FULL SCOPE OF POTENTIAL
GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW
TRAFFIC THAT RESULTS IN THE REMOVAL OR DISPLACEMENT OF EXISTING
STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR
ACTIVITIES INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE,
SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION
1. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND
PLANTER AREA.
DRILL SEEDED DRYLAND GRASS & HYDROMULCH AS SPECIFIED.
NOTES:
KEY NOTES:
1 EXTEND SEEDING TO WALKWAY WHERE PLANTER WAS REMOVED.
NIC - FUTURE PHASE
1
108
S
S
S
S
D D
D
D
D
D
D
D
D
MATCH LINE COTTONWOOD ROADPROJECT EXTENTSARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
LEGEND:
SITE DISTURBANCE TO BE RECLAIMED.
ALL OTHER CONTRACT DOCUMENTS TO DETERMINE FULL SCOPE OF POTENTIAL
GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW
TRAFFIC THAT RESULTS IN THE REMOVAL OR DISPLACEMENT OF EXISTING
STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR
ACTIVITIES INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE,
SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION
1. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND
PLANTER AREA.
DRILL SEEDED DRYLAND GRASS & HYDROMULCH AS SPECIFIED.
NOTES:
L1.9
L1.9 SEEDING PLAN.DGNSEEDING PLAN0 25'50'100'NORTH
KEY NOTES:
1 -
PROJECT LIMITS
109
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L2.1
L2.1 PLANTING DETAILS.DGNPLANTING DETAILSNOT TO SCALE
LINEAR SPACING AT JOINTS.
SPACING 3' O.C. & 1' O.C.
WEED BARRIER, TRIANGULAR
8"STAPLES TO ANCHOR
SPECIFIED. LAP 3" AT JOINTS.
WEED BARRIER FABRIC AS
SPECIFICATIONS
MANUFACTURER'S
& INSTALL ACCORDING TO
EDGING AS SPECIFIED, STAKE
GRADE
FINISH
SPECIFIED
4" MULCH AS
1 EDGING, MULCH & FABRIC 3"1/2"3 ORNAMENTAL GRASS PLANTING
NOT TO SCALE
BEFORE PLANTING.
EXCESS CONTAINER GROWTH MEDIUM
AWAY FROM STEM RADIALLY. REMOVE
ROOTS. ARRANGE ROOTS TO POINT
ROOT BALL. PRUNE OFF GIRDLING
REMOVE CONTAINER AND INSPECT 1" MIN.FINISH GRADE
BED EDGING
FINISH GRADE
BARRIER AS SPECIFIED.
4" MULCH OVER WEED
SAUCER.
AREAS SHALL HAVE EARTH
ONLY PLANTS IN NATIVE
AIR POCKETS.
INSTALLATION TO ELIMINATE
THOROUGHLY AFTER
WATER. WATER IN
IN LAYERS, SETTLE WITH
SPECIFIED AMENDMENTS
EXISTING SOIL AND ANY
SOIL. BACKFILL HOLE WITH
BALL RESTS ON UNDISTURBED
TO BREAK GLAZING. ROOT
OF BALL. ROUGHEN SIDES
DIG HOLE MIN. 2X WIDTH
AWAY FROM PLANT.
KEEP MULCH 2"-3"
FINISH GRADE
PLANT FORM.
TO RETAIN NATURAL
PRUNE AS SPECIFIED
2 SHRUB PLANTING
FINISH GRADE
ONE YEAR.
SAUCER. REMOVE AFTER
AREAS SHALL HAVE EARTH
ONLY PLANTS IN NATIVE 1" MIN.BED EDGING
BEFORE PLANTING.
EXCESS CONTAINER GROWTH MEDIUM
AWAY FROM STEM RADIALLY. REMOVE
ROOTS. ARRANGE ROOTS TO POINT
ROOT BALL. PRUNE OFF GIRDLING
REMOVE CONTAINER AND INSPECT
BARRIER AS SPECIFIED.
4" MULCH OVER WEED
AIR POCKETS.
INSTALLATION TO ELIMINATE
THOROUGHLY AFTER
WATER. WATER IN
IN LAYERS, SETTLE WITH
SPECIFIED AMENDMENTS
EXISTING SOIL AND ANY
BACKFILL HOLE WITH
ON UNDISTURBED SOIL.
GLAZING. ROOT BALL RESTS
ROUGHEN SIDES TO BREAK
PLANTED POT TO POT.
OF BALL. EXCEPT HEDGES
DIG HOLE MIN. 2X WIDTH
NOT TO SCALE
AWAY FROM PLANT.
KEEP MULCH 2"-3"
STAKES 1 YEAR AFTER PLANTING.
1. CONTRACTOR TO REMOVE
FROM BALL AS NEEDED.
ROOT FLARE VISIBLE ABOVE FINISH GRADE. REMOVE EXCESS SOIL
ROOT FLARE. ARRANGE ROOTS TO LEAVE TRUNK & ROOT FLARE RADIALLY.
ANY GIRDLING ROOTS, PRESS ALL HAIR ROOTS DOWN UNDER STRUCTURAL
REMOVE WIRE BASKET & ALL BURLAP. INSPECT ROOT BALL & PRUNE OFF
PRUNE AS SPECIFIED TO RETAIN NATURAL FORM.
FINISH GRADE - SLOPE AWAY FROM TREES WHEREVER POSSIBLE.3/4- 2/31/4- 1/3UNBURIEDBURIEDFINISH GRADE
MULCHPERIOD.
TREE TO SWAY. CONTRACTOR TO REMOVE TIES AT END OF WARRANTY
SHOULD BE SNUG ENOUGH TO PROVIDE SUPPORT WHILE ALLOWING
PENETRATE ROOT BALL. DO NOT OVER-TIGHTEN AROUND TREE. TIES
STRAP WITH BRASS GROMET TIES ON TRUNK. STAKES SHALL NOT
6' STEEL TEE POSTS, 2/TREE W/ 14 GA. SOFT WIRE AND 1-1/2"X18" NYLON
TRUNK. MULCH TO EXTEND BEYOND STAKES.
4" MULCH AS SPECIFED. NO WEED BARRIER. END MULCH 3" FROM
WATER IN THOROUGHLY AFTER INSTALLATION TO ELIMINATE AIR POCKETS.
SOIL AND ANY SPECIFIED AMENDMENTS IN LAYERS, SETTLE WITH WATER.
ROOT BALL TO REST ON UNDISTURBED SOIL. BACKFILL HOLE WITH EXISTING
DIG HOLE MIN. 2X WIDTH OF BALL. ROUGHEN SIDES TO BREAK GLAZING.
1
22
3
4
5
6
7
LEGEND:
NOTE:
GRAFT UNION TYP. 4-6" ABOVE ROOT FLARE.
FROM BALL AS NEEDED.
ROOT FLARE VISIBLE ABOVE FINISH GRADE. REMOVE EXCESS SOIL
ROOT FLARE. ARRANGE ROOTS TO LEAVE TRUNK & ROOT FLARE RADIALLY.
ANY GIRDLING ROOTS, PRESS ALL HAIR ROOTS DOWN UNDER STRUCTURAL
REMOVE WIRE BASKET & ALL BURLAP. INSPECT ROOT BALL & PRUNE OFF
1
25
SECURE WITH ELECTRICAL TAPE. DO NOT WRAP TIGHTLY.
ASPHALT COATED PAPER TREE WRAP TO BOTTOM OF FIRST BRANCH,
FINISH GRADE - SLOPE AWAY FROM TREES WHEREVER POSSIBLE.
6
4
9
8
PRUNE AS SPECIFIED TO RETAIN NATURAL FORM.
WATER IN THOROUGHLY AFTER INSTALLATION TO ELIMINATE AIR POCKETS.
SOIL AND ANY SPECIFIED AMENDMENTS IN LAYERS, SETTLE WITH WATER.
ROOT BALL TO REST ON UNDISTURBED SOIL. BACKFILL HOLE WITH EXISTING
DIG HOLE MIN. 2X WIDTH OF BALL. ROUGHEN SIDES TO BREAK GLAZING.
TRUNK. MULCH TO EXTEND BEYOND STAKES.
4" MULCH AS SPECIFED. NO WEED BARRIER. END MULCH 3" FROM
AT END OF WARRANTY PERIOD.
TREE TO SWAY. CONTRACTOR TO REMOVE TRUNK WRAP, STAKES & TIES
SHOULD BE SNUG ENOUGH TO PROVIDE SUPPORT WHILE ALLOWING
PENETRATE ROOT BALL. DO NOT OVER-TIGHTEN AROUND TREE. TIES
STRAP WITH BRASS GROMET TIES ON TRUNK. STAKES SHALL NOT
6' STEEL TEE POSTS, 2/TREE W/ 14 GA. SOFT WIRE AND 1-1/2"X18" NYLON
LEGEND:1" FLARE VISIBLENOT TO SCALE
4 CONIFEROUS TREE PLANTING 5 DECIDUOUS TREE PLANTING 1" FLARE VISIBLENOT TO SCALE
6 LANDSCAPE BOULDER PLACEMENT
NOT TO SCALE
33
1
2
3
4
5
6
7
1
2
3
4
5
6
7
8
9
'8
'
ROCK MULCH.
36" DIA. BARK MULCH RING AT BASE OF TREE, INCLUDING IN PLANTER WITH 8
ROCK MULCH.
36" DIA. BARK MULCH RING AT BASE OF TREE, INCLUDING IN PLANTER WITH 10
10
STAKES 1 YEAR AFTER PLANTING.
1. CONTRACTOR TO REMOVE
NOTE:
110
BOTTOM OF POND: 4740.3
TOP OF POND: 4741.75
GRASS GRASSWALK
PARKING
LOT
DRYLANDRETENTION PONDDRYLAND.PARKING LOT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
2'4'4'4'4'4'4'4'4'4'2'2'2'
40'18'2'8'24'2'4'4'4'4'4'2'L2.2
FURNISHING DETAILS.DGN
L2.2 PLANTING & SITEFURNISHING DETAILSPLANTING & SITEBIKE RACK2
2. INSTALL ACCORDING TOP MANUFACTURER'S RECOMMENDATIONS.
1. BIKE RACK SHALL BE AS SPECIFIED.
NOTES:
COMPACTED SUBGRADE
ELEVATION
BASE MATERIAL
COMPACTED GRAVEL
SITE CONCRETE CONTRACTOR
CONCRETE FLATWORK BY
SURFACE MOUNT
ADHESIVE ANCHOR BOLTS
3/8" X 3-1/2" CONCRETE
PLAN
21-7/8"21-5/8"36"0 5'10'20'NORTHSECTION - RETENTION POND1
SEE CIVIL.
CONCRETE FLATWORK, BIKE RACK, TYP.
NOT TO SCALE
NIC - FUTURE PHASE
111
S
S
S
S
S
S
S
S
D
DDDD
D
DD
DD
D
D
D
D
D
D
D D
D
PROJECT EXTENTSD
D
D
D
NOTES:
17. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
CONCRETE WALKWAYS.
16. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND
15. PIPING AND EQUIPMENT MAY BE SHOWN IN PAVED AREAS FOR GRAPHICAL CLARITY. PIPING AND EQUIPMENT TO BE INSTALLED IN ADJACENT LANDSCAPING AREAS.
14. PROGRAMMING OF CONTROLLERS BE COORDINATED WITH EXISTING SCHEDULES TO ENSURE ATHLETIC FIELDS ARE THE HIGHEST PRIORITY.
REQUIREMENTS AT THE PUMP STATION DISCHARGE ARE 500 GPM AT 112 PSI.
13. DESIGN BASED ON 0.24"/DAY WATER REQUIREMENT, 6 DAYS/WEEK WITH AN 8 HOUR WATER WINDOW WITH 45 PSI AT ALL I-20 SPRINKLER HEADS. OVERALL SYSTEM
12. ALL EXTERIOR CABINETS AND EQUIPMENT ENCLOSURES TO BE STAINLESS STEEL FINISH.
11. VERIFY SIGNAL STRENGTH AND AIR CARD NEEDS AT EACH SATELLITE CONTROLLER.
10. ADJUST ALL HEADS AS REQUIRED TO PREVENT OVERSPRAY ONTO BUILDINGS AND STREETS.
BE ELECTRICAL GRADE SCHEDULE 40 PVC. ALL CONDUITS ABOVE GRADE SHALL BE SCHEDULE 80 PVC.
9. ALL CONDUIT TO BE 1" MINIMUM. CONCEAL OR BURY WHEREVER POSSIBLE. ALL VISIBLE CONDUITS SHALL BE ROUTED AS DIRECTED. ALL BURIED CONDUITS SHALL
FLOWS 51 GPM AND GREATER TO HAVE 2" CONTROL VALVES.
8. ZONES WITH FLOWS THROUGH 20 GPM TO HAVE 1" CONTROL VALVES. ZONES WITH FLOWS 21 THROUGH 50 GPM TO HAVE 1-1/2" CONTROL VALVES. ZONES WITH
7. CONTRACTOR SHALL MAINTAIN AN ACCURATE, CURRENT AS-BUILT ON THE JOB AT ALL TIMES.
FIELD VERIFY.
6. LOCATIONS OF AIR RELIEF VALVES MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL HIGH SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FIELD VERIFY.
5. LOCATIONS OF MAINLINE DRAINS MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL LOW SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FUNCTIONAL SYSTEM.
COORDINATE AND PAY FOR ALL TECHNICAL SUPPORT NEEDS WITH CONTROL SYSTEM MANUFACTURER AND SERVICE PROVIDERS AS REQUIRED FOR COMPLETE AND
4. CONTRACTOR SHALL PROVIDE ALL DEVICES, WIRING AND PROGRAMMING AT CONTROLLER FOR A COMPLETE OPERATIONAL SYSTEM. CONTRACTOR SHALL
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER, SIZE, AND LOCATION IS PROVIDED. SEE SLEEVING PLAN, I11.
INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V. AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO BE
3. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS THE
FEATURES. REASONABLE CHANGES IN PIPE LAYOUT MAY BE MADE BY THE CONTRACTOR WITH THE ADVANCE APPROVAL OF THE LANDSCAPE ARCHITECT.
2. IRRIGATION PLAN IS DIAGRAMMATIC IN NATURE. FIELD ADJUSTMENT OF IRRIGATION COMPONENTS MAY BE NECESSARY TO AVOID CONFLICTS WITH EXISTING SITE
BE CONTRACTOR'S RESPONSIBILITY.
1. CONTRACTOR SHALL VERIFY LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR ADJACENT PROPERTY SHALL
LEGEND:
SYMBOL DESCRIPTION SIZE MANUF.MODEL NUMBER
D
ZONE #
GPM
44' RADIUS
38' RADIUS
34' RADIUS
31' RADIUS
19' RADIUS
14' RADIUS
10' RADIUS
5' X 15', 5' X 30'
8' RADIUS
-
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
SPRAY SPINKLER
BUBBLER(S)
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
D
SATELLITE CONTROLLER
MASTER VALVE/FLOW SENSOR
WEATHER SENSOR
ELECTRIC CONTROL VALVE
QUICK COUPLING VALVE
MAINLINE DRAIN VALVE
ISOLATION VALVE
AIR RELIEF VALVE
A2C-75D-SS-PED-SS W/ A2C-LTEM W/ EXTERNAL ANTENNA-10010100
3300300/QS200-30
WSS-SEN
PESB SERIES
44 LRC
C10-SP
HUNTER
SUPERIOR/FLOMEC
HUNTER
RAINBIRD
RAINBIRD
AS SPECIFIED
AS SPECIFIED
BERMAD
I-20-06-CV-8.0, 8.0 GPM @ 45 PSI
I-20-06-CV-3.0, 3.0 GPM @ 45 PSI
I-20-06-CV-2.0, 2.0 GPM @ 45 PSI
I-20-06-CV-1.5, 1.5 GPM @ 45 PSI
MP2000 @ 40 PSIPRS40-CV-PROS-06-
MP1000 @ 40 PSIPRS40-CV-PROS-06-
MP800SR @ 40 PSIPRS40-CV-PROS-06-
PROS-06-PRS40-CV-MPLCS/RCS-515 & MPSS-530
PROS-06-PRS30-CV-8 SERIES, 30 PSI (BROWN)
PROS-06-CV-PCN-10, 1.0 GPM @ 30 PSI (2/TREE)
75 STATION
3"/3"
AS NOTED
1"
LINE SIZE
2"
PA-1
222.6
2"
SEE NOTES
AS SHOWN
AS SHOWN
AS SHOWN
SEE DETAILS
SEE DETAILS
SCHEDULE 40
SCHEDULE 40 SOLVENT WELD
CLASS 200 GASKETED
CLASS 200 GASKETED
BLOWOUT ASSEMBLY
CAMLOCK CONNECTION
SLEEVES - PVC
LATERAL LINE - PVC
IRRIGATION SUBMAIN - PVC
IRRIGATION MAIN- PVC
GROUNDING LOCATIONGL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.1
& NOTES.DGN
I1.1 IRRIGATION LEGENDIRRIGATION LEGEND & NOTES LEGEND:
NATIVE GRASS
PLANTER
NATURAL TURF (NONE THIS PHASE)
OAK STREETCOTTONWOOD ROADTURF FIELD
SYNTHETIC
FUTURE FLANDERS MILL ROADBAXTER LANE
TURF FIELD
SYNTHETIC
FUTURE
DOG PARK
FUTURE
FACILITY
MAINTENANCE
FUTURE
NOT TO SCALE
1 IRRIGATED AREA
NIC - FUTURE PHASE
112
S
D
D D 4743474347444743
4744
4745
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROADMATCH LINEMATCH LINED21
39.3
D19
8.0
D22
26.0
D20
12.0
D15
24.0
D14
98.1
D16
24.0
D17
3.8
D18
34.8
1"
1"
1-1/2"
1"
1"
1-1/2"1"1"
1"1-1/2"
2"
1"
1-1/2"
1"
1-1/2"
1"
1"
1"
1-1/2"
1-1/2"
3"
1-1/2"
1-1/2"
1"
1"
1"
2"1"
1-1/2"
1"
1"
4"
GL
4"
3"3"3"4"
1"1"
1"
1"
1-1/2"
GL
I1.2
I1.2 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
1
INSTALL DI CAP & T-BLOCK.2
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL TEE.3
4
NIC - FUTURE PHASE
3
4
3
3
3
3
2
113
474447454746474
3
4744
4745
4746
4747
47484749VIS
ION
TR
IANGLEVISION
T
RI
ANGL
EVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
OAK STREET
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D8
28.0
D7
22.5
D11
41.8
D10
14.0
D9
47.6
2"
1-1/2"
1"1"
1-1/2"
1"
1-1/2"
1"
1-1/2"
1"
2"
1"2"
1-1/2"
1"
1"
1-1/2"
1-1/2"
1-1/2"
1"
1-1/2"
1-1/2"
1"
2"1-1/2"
1-1/2"
1"
1-1/2"1"
1"
1"
3"3"
D12
32.5
D13
25.5 4"
1"
1"1"
GL
1"
4"
4"4"
4"
1"
1-1/2"
1"
1"
1-1/2"
1-1/2"
1"
1"
1"
I1.3
I1.3 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
2
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT 2
2-WIRE PATH.
INSTALL DECODER AND GROUNDING EQUIPMENT AT END OF 3
1
3
114
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
MATCH LINE
FUTURE MAINTENANCE FACILITY
FUTURE DOG PARK
OAK STREET FLANDERS MILL ROADMATCH LINEMATCH LINE1"
1-1/2"
I1.4
I1.4 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PROJECT LIMITS
115
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINE
D23
37.7
D24
25.4
D25
10.0
2"
1"1-1/2"
1"
1"
1-1/2"
1-1/2"
1"
1"
4"
4"
1"
GL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.5
I1.5 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1
1
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
NIC - FUTURE PHASE
INSTALL DI CAP & T-BLOCK.
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL TEE.
3
4
5
4
5
4
3
116
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
47
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D30
70.5
D29
70.5
D26
18.0
D28
37.7 D6
3.0
D27
2.7
6"
6"
6"
1"
2"
3"
2"
1"
1-1/2"
1-1/2"
3"
1"1"
1"
1"
1"
1"
4"
GL
4"
4"
4"8"
4"
GL
4"
4"
8"
4"
1"
1"
1-1/2"
1"
1"
D
1"
TOILET
VAULT
1-1/2"
2"
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.6
I1.6 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
INSTALL DI CAP AND T-BLOCK.3
1
3
2
8" MAINLINE NIC - FUTURE PHASE.4
3
4
4
5
SEE 6/I2.3 FOR CONTROLLER SOLAR POWER REQUIREMENTS.5
117
S
SHED
FUTURE STORAGE GROUNDWATER:4737.30POND BOTTOM:4740.30PONDSTORMWATER RETENTION MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROADMATCH LINEMATCH LINED2
18.0
D3
24.0
D5
72.0
D4
24.0
1-1/2"
1"
1-1/2"1-1/2"
1"
3"
1"
1"
2"
1-1/2"
1-1/2"
8"
4"
4"
D1
22.2
1"
1"
1"
1"
1-1/2"
GL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.7
I1.7 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
1
1
2
8" MAINLINE NIC - FUTURE PHASE.2
118
D
SUMP:4734.0512" INV OUT(N):4736.0512" INV IN(SW):4736.05RIM ELEV:4741.05MATCH LINE
MATCH LINE
4"
1"
1-1/2"6"
6"
6"
6"
1"1"
D
D
D
D
D
C
C
4"
6"
8"
4"
4"
1-1/2"
(3) 3"
64.0
C9
1"
1-1/2"
1"
3"
MATCH LINE
MATCH LINE
D32
75.0
D31
100
6"
1-1/2"
3"
1-1/2"
1"
3"
3"
1-1/2"
6"
1-1/2"
1"
1"
GL
4"
1-1/2"
1"
C11
6.0
1"
4"
80.0
C13
64.0
C12
3"
4"
6"
4"
C10
15.0
3"
1"
1"
1-1/2"
1-1/2"
(2) 3"
(1) 6"
3"
1-1/2"
1"
1"
1"
2"
1-1/2"
6"
2"
1"
4"4"
6"
4"
4"
4"
MATCH LINE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.8
I1.8 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
1 2 3
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
ADJUST EXISTING SPRINKLER TO 180°.2
ACCOMMODATE NEW ELECTRIC CONTROL VALVES.
REMOVE EXISTING T-BLOCK AND EXTEND MAINLINE TO 3
REMOVE EXISTING T-BLOCK AND TIE TO EXISTING MAINLINE.4
LAWN AREAS AS A RESULT OF THE SEWER LINE INSTALLATION.
REPAIR ANY DAMAGE TO EXISTING IRRIGATION IN ESTABLISHED 5
2
3
1
1
5
5
5
1
2
3
4
119
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.9
I1.9 SLEEVING PLAN.DGNSLEEVING PLAN0 25'50'100'NORTH
INFORMATION.
4. REFER TO ALL DRAWINGS, DETAILS AND SPECIFICATIONS FOR ADDITIONAL
SLEEVES REQUIRED FOR CONSTRUCTION OF THE IRRIGATION SYSTEM ARE PROVIDED.
CONTRACTOR ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE ALL
3. ANY SLEEVES SHOWN ON SLEEVING PLAN ARE FOR THE CONVENIENCE OF THE
SIZE, AND LOCATION IS PROVIDED.
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER,
AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
BE INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V.
SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO
THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION
SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS
2. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL
TYPICAL LATERAL LINE, AND 18" FOR ALL MAIN/SUBMAINLINES.
1. COORDINATE WITH IRRIGATION PLAN TO DETERMINE DEPTH OF COVER. 12" FOR
KEY NOTES:
1 -
NOTES:
H
D
B
D D J
B
C
C
B B B
B B B
B B
B
E EEE
A
D
A
A
A
N
A A
B
A
A
A
B
NIC - FUTURE PHASE
C
PROJECT LIMITS
(1) 3" SLEEVE
(2) 3" SLEEVES
(3) 3" SLEEVES
(1) 6" SLEEVE
(2) 3" SLEEVES
(1) 8" SLEEVE
(1) 10" SLEEVE
(1) 3" SLEEVE
A
H
G
F
E
D
C
B
E
SLEEVE LOCATION
(1) 3" SLEEVE
(1) 8" SLEEVE
(1) 8" SLEEVE
(1) 3" SLEEVE
(1) 12" SLEEVE
(1) 3" SLEEVE
(1) 4" SLEEVEK
M (1) 8" SLEEVE
(2) 3" SLEEVES
LEGEND:
(1) 8" SLEEVE
(2) 6" SLEEVES
(1) 3" SLEEVE
J
L (1) 10" SLEEVE
(2) 3" SLEEVES
I
N (1) 6" SLEEVE
(1) 3" SLEEVES
120
C
C
S
S
S
S
D D
D
D
D
D
D
D
D
MATCH LINE
PROJECT LIMITS
COTTONWOOD ROADEXISTING PROJECT
4745
4740
4735
473
0
4730
4725
47454735
4740
4745
47 40
4745
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
INFORMATION.
4. REFER TO ALL DRAWINGS, DETAILS AND SPECIFICATIONS FOR ADDITIONAL
SLEEVES REQUIRED FOR CONSTRUCTION OF THE IRRIGATION SYSTEM ARE PROVIDED.
CONTRACTOR ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE ALL
3. ANY SLEEVES SHOWN ON SLEEVING PLAN ARE FOR THE CONVENIENCE OF THE
SIZE, AND LOCATION IS PROVIDED.
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER,
AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
BE INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V.
SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO
THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION
SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS
2. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL
TYPICAL LATERAL LINE, AND 18" FOR ALL MAIN/SUBMAINLINES.
1. COORDINATE WITH IRRIGATION PLAN TO DETERMINE DEPTH OF COVER. 12" FOR
KEY NOTES:
1 -
NOTES:
(1) 3" SLEEVE
(2) 3" SLEEVES
(3) 3" SLEEVES
(1) 6" SLEEVE
(2) 3" SLEEVES
(1) 8" SLEEVE
(1) 10" SLEEVE
(1) 3" SLEEVE
A
H
G
F
E
D
C
B
E
SLEEVE LOCATION
(1) 3" SLEEVE
(1) 8" SLEEVE
(1) 8" SLEEVE
(1) 3" SLEEVE
(1) 12" SLEEVE
(1) 3" SLEEVE
(1) 4" SLEEVEK
M (1) 8" SLEEVE
(2) 3" SLEEVES
LEGEND:
(1) 8" SLEEVE
(2) 6" SLEEVES
(1) 3" SLEEVE
J
L (1) 10" SLEEVE
(2) 3" SLEEVES
I
N (1) 6" SLEEVE
(1) 3" SLEEVES
I1.10
I1.10 SLEEVING PLAN.DGNSLEEVING PLAN0 25'50'100'NORTH
MM
N
LL
PROJECT LIMITS
I
121
I2.1
I2.1 IRRIGATION DETAILS.DGNIRRIGATION DETAILSFINISH GRADE
ROTARY HEAD AS SPECIFIED
SWING JOINT AS SPECIFIED
LATERAL PIPE
PVC CLASS 200
.45° MAX.
30° MIN.
NOT TO SCALE
2 TYPICAL ROTOR HEAD
FINISH GRADE¼" MIN.CURB OR BED
EDGE OF PAVEMENT
12" MINIMUMLATERAL PIPE
PVC CLASS 200
PVC TEE
AS SPECIFIED
SWING JOINT
AS SPECIFIED
SPRAY HEAD
NOZZLE
MATCHED PRECIPITATION
1 TURF SPRAY HEAD
NOT TO SCALE
FINISH GRADE
RISER AS SPECIFIED
VALVE BOX &
DIXON SL200F-2"
2" CLOSE DI NIPPLE
EACH CORNER
BLOCKS, ONE
MIN. 4 CONC.
BASE
3/4" AGGREGATE
6" OF WASHED
AS SPECIFIED
2" GATE VALVE
AS SPECIFIED
2" DI SERVICE TEE
NOTES:
1. DELIVER BARBED END OF CHICAGO COUPLING TO OWNER.
6 BLOWOUT ASSEMBLY
NOT TO SCALE
THRUST BLOCK
2SF CONCRETE
6" 6"
NOTES:
6" 6" 28" +/-
3. TWO BUBBLERS PER TREE
OF TREES.
BOTH HEADS ON UPHILL SIDE
2. ON STEEP SLOPES, INSTALL
INSTALLED IN TOPSOIL.
1. HEAD TO BE SECURELY
SPRAY HEAD.
FUNNY PIPE TO
WITH TEE.
LATERAL PIPING
TO HOLD WATER.
ADJUST AS REQUIRED
BERM AROUND TREE.
6" HIGH COMPACTED
BUBBLER AS SPECIFIED
POP-UP SPRAY HEAD WITH
4" MULCH AS SPECIFIED
ROOTBALL
5 TREE IRRIGATION
NOT TO SCALE MIN.3" NOTES:
FINISH GRADE
BOX AS SPECIFIED
10" ROUND VALVE
AGGREGATE
3/4" WASHED
LENGTH AS REQUIRED
4" PVC RISER
COMPACTED SOIL
ONE EACH SIDE
MIN. 2 CONC. BLOCKS ,
TURN DOWN AT ENDS
SUPAC 4NP CLOTH,
DRAIN TO DAYLIGHT
1-1/2" CL 200 PVC
1-1/2" LATERAL 90
HARCO DI
1-1/2" GATE VALVE
SCHED. 80 MALE ADAPTOR
AGGREGATE
1 CY OF 1-1/2" WASHED
DRY WELL WITH MIN.
TEE ON BOTTOM
HARCO DI SERVICE
MAINLINE WITH 1-1/2"
TO STEEL PIPE 36" BEFORE END OF PIPE.
1. DRAIN TO DAYLIGHT WHEREVER POSSIBLE. TRANSITION
7 TYP. MAINLINE DRAIN
NOT TO SCALE
NOTES:
2. PROVIDE 1" MIN. SPACE BETWEEN BOTTOM OF VALVE BOX AND TOP OF MAINLINE.
BETWEEN LID AND TOP OF AIR RELEASE VALVE.
1. ROTATE TEE ON MAINLINE AS NECESSARY TO ENSURE CLEARANCE IS PROVIDED
4 AIR RELIEF VALVE
NOT TO SCALE
AS SPECIFIED
2" GATE VALVE
AIR RELEASE VALVE
BERMAD 2"-C10-SP
AS SPECIFIED
2" DI SERVICE TEE
2" CLOSE DI NIPPLE
FINISH GRADE
EACH CORNER
BLOCKS, ONE
MIN. 4 CONC.
RISER AS SPECIFIED
VALVE BOX &
BASE
3/4" AGGREGATE
6" OF WASHED
THRUST BLOCK
2SF CONCRETE
NOTES:
1. DO NOT DRIVE REBAR THROUGH TABS ON SWING JOINT, STABILIZING BAR TO BE USED.
45° MAX.
30° MIN.3" MIN.2-1/2"
3 TYPICAL QUICK COUPLER
NOT TO SCALE
COMPACTED SOIL
WASHED AGGREGATE
6" MIN. OF 3/4"
ONE EACH SIDE
MIN. 2 CONC. BLOCKS,
BOX AS SPECIFIED
10" ROUND VALVE
VALVE AS SPECIFIED
QUICK COUPLING
VALVE BOX TO FIT
STABILIZING BAR - NOTCH
1" X 18" SCHED. 80
AS SPECIFIED
UNITIZED SWING JOINT
AS SPECIFIED
DI SERVICE TEE
FLOWLATERAL PIPE
MAINLINE/
FINISH GRADE ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
122
I2.2
I2.1 IRRIGATION DETAILS.DGNIRRIGATION DETAILSAA
2 TYPICAL THRUST BLOCKS
18"
36"
36"
B
30"
24"
21"
32"
45"
61"
87"
A
24"
33"
40"
50"
61"
A
12"
18"
24"
30"
36"
B
9"
12"
16"
20"
28"
A
12"
18"
24"
30"
30"
B
24"
12"
40"
56"
30"
A
30"
30"
24"
18"
17"
B
3-4"
6"
8"
10"
12"
ELBOWS
PLUGS
TEES &
SIZE
PIPE
SECTION A-A
FINISH GRADE
CONCRETE THRUST BLOCK A18" MIN.
B
22-1/2°45°90°
NOT TO SCALE
NOTES:
3. THRUST BLOCKS NOT REQUIRED ON 2-1/2" & SMALLER PIPE.
ADEQUATE THRUST BLOCKS IN ALL PIPING INSTALLATION.
2. CONTRACTOR SHALL BE RESPONSIBLE FOR CONSTRUCTING
1. ALL PIPES TO BE CENTERED ON THRUST BLOCKS.
A
A
NOT TO SCALE
CAMLOCK ASSEMBLY3
NOTES:
2. EDGE OF VALVE BOX TO BE 12" OFF OF PAVEMENT EDGE. COORDINATE VALVE BOX ELEVATION WITH PAVEMENT ELEVATION.
1. COORDINATE CAMLOCK ASSEMBLY WITH FITTINGS ON TRAVELING SPRINKLER TO ENSURE COMPATIBILITY.
COUPLER
CAM & GROOVE
2" BRASS FEMALE
LENGTH AS REQUIRED
(2) 2" STEEL RISERS,
AS SPECIFIED
VALVE BOX
OVER MAINLINE
1" MIN. SPACE
BLOCK PER SCHEDULE
CONCRETE THRUST
CAMLOCK ASSEMBLY
RESTRAINT ON PIPE TO
LEEMCO DI TEE W/ LH SERIES
TEE & ELBOW
NO JOINTS BETWEEN
ONE EACH SIDE
MIN. 4 CONC.BLOCKS,
AGGREGATE BASE
6" WASHED 3/4"
ASPHALT PAVING
EXTENSION BOX AS SPECIFIED
2" GATE VALVE AS SPECIFIED
LEEMCO 3X2 TAPPED PLUG
LEEMCO DI ELBOW W/ LH SERIES RESTRAINTS
SIZE AS REQUIRED TO WORK WITH PAVEMENT
THRUST BLOCK PER SCHEUDLE. ADJUST
C
SECTION
PLAN VIEW
WITHIN THE SPHERE OF INFLUENCE
DO NOT INSTALL ANY OTHER WIRES OR CABLE
5 CONTROLLER GROUNDING
(4" x 96" x .0625)
COPPER GROUND PLATE
CONTROLLER
WIRES
BARE COPPER
#6 AWG SOLID
CONNECTION
CADWELD
MATERIAL
EARTH CONTACT
TYP. (5/8" x 8')
GROUND ROD
BOUNDARIES
OF INFLUENCE
ELECTRODE SPHERE
NOT TO SCALE
8-12'10'
DEPTH
OR BELOW FROST
DEPTH: 30" MIN.
GROUND PLATE
NOTES:
1. INSTALL 10" ROUND VALVE BOX OVER GROUND ROD.12"LEGEND:
NOTES:
6. REFER TO SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS.
5. LAST DECODER ON ALL WIRE PATHS TO BE GROUNDED.
4. GROUND PLATES TO BE A MINIMUM OF 8' PERPENDICULAR FROM 2-WIRE PATH.
CADWELD OR U-BOLT CONNECTORS. RESISTANCE TO BE 10 OHMS OR LESS.
3. DECODER GROUND WIRE TO BE CONNECTED TO GROUND PLATE WITH
2. INSTALL GROUND PLATES EVERY 1000' OR 12TH DECODER ALONG 2-WIRE PATH.
ARCHITECT OF ANY DISCREPANCIES.
INDICATED ON PLANS MEET GUIDELINES SHOWN ABOVE. NOTIFY LANDSCAPE
1. CONTRACTOR SHALL VERIFY THAT LOCATIONS OF GROUND PLATES
2-WIRE PATH
DECODER
DECODER GROUND PLATE
CONTROLLER
6 DECODER GROUNDING SCHEMATIC
MAX.
25'
MAX.
1000'
NOT TO SCALE
DECODER
OR 12TH
12TH DECODER
1000' MAX. OR
12TH DECODER
1000' MAX. OR 500'KEY FOR CONNECTIONS:
14/12 AWG RED
14/12 AWG BLUE
REDBLUETYPCIAL DECODER GROUND
3M MODEL DBY-6
3M MODEL DBR-6
DECODER W/
GROUND WIRE
IDSWIRE
TWISTED
CABLE
FROM GROUND PLATE
BARE COPPER WIRE
WITH DECODER
IN VALVE BOX
ALL WIRE SPLICES
OR BELOW FROST)
MIN. 30" BELOW GRADE
8' FROM TWISTED CABLE,
IRRIGATED AREA,
PLATE (INSTALL IN
4" X 36" GROUND
7
CADWELD OR U-BOLT
NOT TO SCALE
RECEIVER & GUARD
WIRELESS SOLAR SYNC
4 30"18"6"
TYP.TYP.
6"
TYP.
6"
WITH 6/6/6 WWM
TROWEL FINISH,
CONCRETE FOOTING-
CADWELD CONNECTION
SET TO GRADE
SPECIFIED -
VALVE BOX AS
CONDUIT FOR GROUND
GRADE
FINISH
POWER SOURCE
CONDUIT FOR 120 V.
TO OUTLET
J-BOX, CORD PIGTAIL
CONTROLLER TO
POWER LEADS FROM
SURGE ARRESTOR
W/ INTERMATIC #AG2401
GFCI DUPLEX OUTLET
RECOMMENDATIONS
MOUNT PER MFGR'S
SATELLITE CONTROLLERS
GROUND PLATE
AND ON TO
GROUNDING ROD
5/8" X 8' COPPER
2-WIRE PATH
CONDUIT FOR
CAD WELD TO GROUNDING ROD
#6 BARE COPPER GROUND WIRE
SATELLITE CONTROLLERS
NEEDS PRIOR TO ORDERING ANTENNA.
5. PROVIDE MANUFACTURER (HUNTER) CELLULAR SIGNAL TEST TO CONFIRM ANTENNA
4. SEE CONTROLLER GROUNDING DETAIL FOR ADDITIONAL INFORMATION.
3. PROVIDE ONE 2" 2-WIRE CONDUIT.
2. MIN. CONDUIT SIZE TO BE 1".
FOR CONTROLLER PADS WITH ONE CONTROLLER 6/6/6 WWM IS OPTIONAL.
1. FOR CONTROLLER PADS WITH MORE THAN ONE CONTROLLER 6/6/6 WWM IS REQUIRED.
DRAIN
SLOPE TO
6" NOTES:
1" CONDUIT (EXTRA)
NOT TO SCALE
MOUNT ANTENNA
HUNTER EXTERNAL
TRENCHING DETAILS - 2-WIRE
PLANS
LATERAL
SECTIONS
FINISH GRADEFINISH GRADE
LATERAL
MAINLINE
TRENCH
PIPE IN
LATERAL
SNAKE ALL
18"12"18"12"
(IN CONDUIT)
2-WIRE PATH
CONTINOUS
TAPE
MARKING
CONTINOUS
TAPE
MARKING
LOCATED ON AS-BUILT PLANS.
BE MADE IN VALVE BOXES AND
MAINLINE. ALL SPLICES SHALL
ABOVE ALL 120 V. WIRING AND
USE 6" WIDE MARKING TAPE 6"
AFTER MAKING CONNECTIONS.
GREATER THAN 30°. UNTIE ALL LOOPS
CABLE AT ALL CHANGES IN DIRECTION
TIE A LOOSE 20" LOOP IN 2-WIRE COMM
1
NOT TO SCALE
AS SHOWN.
. 2-WIRE COMM CABLE TO BE INSTALLED ON THE SIDE OF THE MAINLINE2
AS SHOWN ON THE PLANS.
1. 120 V. WIRE TO BE INSTALLED ON THE SIDE OF THE MAINLINE IN CONDUIT
NOTES:
SECTION
CONDUIT
PLAN
CONDUIT
FINISH GRADE
MIN.
30"
MARKING TAPE
12"(IN CONDUIT)
2-WIRE PATH
BEDDING.
CABLE
2-WIRE COMM
120 V. WIRE IN CONDUIT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
123
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
-
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
D
S
S
S
D DD
DD
D
D
D
D
D D
SSSS
D
D
D
D
5
5
6
4
4
IRRIGATION CONTROLLER SOLAR POWER EQUIPMENT SCHEMATIC6
NOT TO SCALE
NOTES:
3. ALL CONDUIT TO BE PAINTED TO MATCH BUILDING. SECURE CONDUIT TO BUILDING.
YEARS, AND (4) INDICATE HOW PROPOSED EQUIPMENT IS EQUAL TO OR BETTER THAN THE SPECIFIED EQUIPMENT.
INFORMATION CALLED FOR ON NOTE #1 ABOVE. (3) PROVIDE INFORMATION ON SIMILAR INSTALLATIONS WITHIN THE PREVIOUS 3
(3-24VAC IRRIGATION VALVES, 1-24 VAC MASTER VALVE, 10 HRS/DAY, 4 DAYS/WEEK, APRIL-OCTOBER), (2) INCLUDE ALL SUBMITTAL
SUBSTITUTION REQUESTS SHALL; (1) INDICATE THE ABILITY TO OPERATE (1) HUNTER ACC2 CONTROLLER AND 38 DECODERS
2. SOLAR EQUIPMENT TO BE BY CONTROL TECH USA, MODEL #SPS-RSG344213133-1B3, OR EQUAL APPROVED IN ADVANCE.
SIZES, GROUNDING, ELECTRICAL ONE DRAWING, ETC.
INCLUDE DRAWINGS INDICATING MOUNTING ON RESTROOM TILT ANGLE & DECLINATION, ENCLOSURE, SPECIFIC WIRE TYPE &
1. DETAIL IS SCHEMATIC, PROVIDE SUBMITTALS INDICATING ALL EQUIPMENT, WIRE, ETC. FOR INSTALLATION. SUBMITTAL TO
LEGEND:
IRRIGATION CONTROLLER AS SPECIFIED.
4
5
6
7
8
9
10
11
2
3
12
1
CONTROLLER GROUNDING AS SPECIFIED.
2-WIRE CONTROL CABLE IN CONDUIT.
THE MANUFACTURER.
SOLAR PANELS/SOLAR ARRAY.TILT ANGLE AND DECLINATION PER
WEDGE ANCHOR OR SIMILAR.
SOLAR PANEL MOUNT FEET (4) TO BE ANCHORED W/ 3/8" DIA. MIN.
CONDUIT: 1/2" LIQUID TIGHT METALLIC FLEX
GREEN 10 AWG TYPE THWN-2
BLACK 10 AWG TYPE THWN-2
RED 10 AWG TYPE THWN-2
SOLAR ARRAY WIRES:
TO MOUNT ENCLOSURE TO THE WALL.
TO HOLD THE WEIGHT. USE SUPPLIER PROVIDED BRACKETS OR UNISTRUT
APPROXIMATELY 250 POUNDS. ANCHOR MOUNTING BRACKETS SUFFICIENTLY
BATTERIES AND INVERTER. FULLY LOADED ENCLOSURE WILL WEIGH
WALL MOUNT ALUMINUM ENCLOSURE HOUSES SOLAR ELECTRONICS,
6 AWG SOLID COPPER WIRE IN CONDUIT TO GROUNDING SYSTEM.
COVER W/ 10" ROUND VALVE BOX.
COPPER PLATE. CONNECT TO GROUND ROD WITH CADWELD.
GROUNDING SYSTEM - 5/8"X 8' COPPER CLAD ROD AND 3"X 10'
SOLAR GROUND WITH IRRIGATION EQUIPMENT GROUND.
DIRECT BURY 6 AWG SOLID COPPER WIRE MINIMUM TO BOND
PRE-CAST CONCRETE RESTROOM BY OTHERS.
MAXIMUM WIRE LENGTH: 50'
TO IRRIGATION CONTROLLER)
CONDUIT: 3/4' GREY PVC (FROM WALL MOUNT ENCLOSURE
GREEN 10 AWG TYPE THWN-2
BLACK 12 AWG TYPE THWN-2
RED 12 AWG TYPE GHWN-2
120VAC WIRES:
1
2
3
6
8
9
10
7
11
5
12
I2.3
I2.3 IRRIGATION DETAILS.DGNIRRIGATION DETAILS2-WIRE ROUTING PLAN4
2-WIRE SPLICE BOX FOR
SATELLITE CONTROLLER
LEGEND:
2 TYPICAL ELECTRIC CONTROL VALVE
NOT TO SCALE18"12"20
7 8
12
13
4
3
2
1
15
19
ACCESS FOR SERVICING.
3. KEEP CONDUIT BACK FROM ELECTRIC VALVE TO ALLOW
2. REMOVE ANY WATER IN CONDUIT PRIOR TO SEALING ENDS.
ELECTRIC VALVE SIZE CALLED FOR ON PLANS.
1. ADJUST SIZE OF LATERAL 90°, AND PVC FITTINGS TO MATCH
NOTES:
LEGEND:
20. 1" MIN. SPACE BETWEEN LATERAL AND VALVE BOX.
19. MIN. 4 CONC. BLOCKS, ONE EACH CORNER.
SEAL ENDS WITH DUCT SEALANT.
18. 2-WIRE CONTROL CABLE IN CONDUIT, 1" MIN.
LEG COILED UP NEATLY IN VALVE BOX.
17. PROVIDE 3' MINIMUM OF 2-WIRE CABLE ON EACH
16. DECODER, AS SPECIFIED.
15. VALVE ID TAG, AS SPECIFIED.
SPLICES IN VALVE BOX.
14. DBY WIRE CONNECTORS AS SPECIFIED, MAKE ALL
13. PROVIDE 20 EXPANSION COILS EACH WIRE.
12. FINISH GRADE.
11. VALVE BOX AS SPECIFIED, RISER AS REQUIRED.
2" CLEARANCE BELOW VALVE.
10. 6" OF WASHED 3/4" AGGREGATE BASE, MAINTAIN
9. SOLVENT WELD PIPE TO LATERALS.
8. 3" X 2" SCH 80 1 PIECE REDUCER COUPLING.
7. 2" X 4" SCH. 80 T.O.E. NIPPLE.
6. 2" - T X T SCH. 80 UNION.
5. 2" X 2" T.B.E. SCH 80 NIPPLE.
4. ELECTRIC VALVE AS SPECIFIED.
3. 2" HARCO LATERAL 90° SWIVEL.
2. HARCO D.I. SWIVEL TEE.
1. MAINLINE.
9
11
6
5
18
17
10
1614
MASTER VALVE & FLOW SENSOR 3
NOT TO SCALE
FLOW
...
SEE NOTE #1.
NOTES:
DI TAPPED CAP W/ RESTRAINT.
PIPE W/ SCH 80 PVC MALE ADAPTER, SIZE TO MATCH FLOW SENSOR.
PIPE SIZE TO MATCH SIZE OF FLOW SENSOR.
SCH 80 PVC REDUCER, AS REQUIRED.
PVC PIPE, SAME SIZE AS MASTER VALVE.
SCH 80 TOE NIPPLE.
SCH 80 PVC UNION. USE BRASS UNION ON 2" AND LARGER.
DI NIPPLE, SIZE TO MATCH MASTER VALVE.
DI TAPPED CAP W/ RESTRAINT.
MAINLINE.
FLOW SENSOR, ANGLE PER MANUFACTURER'S RECOMMENDATIONS.
MASTER VALVE.
GATE VALVE, SAME SIZE AS MASTER VALVE.
3. SECURE DECODER TO VALVE BOX WITH ZIP-TIE.
2. REFER TO LEGEND ON PLAN SHEETS FOR ADDITIONAL INFORMATION FOR MASTER VALVE AND FLOW SENSOR.
5X PIPE DIA. OF STRAIGHT CLEAN RUN OF PIPE, NO FITTINGS OR TURNS.
1. INLET PIPE LENGTH OF FLOW SENSOR MUST BE MIN. 10X PIPE DIA. STRAIGHT, CLEAN RUN OF PIPE, NO FITTINGS OR TURNS. OUTLET PIPE LENGTH OF FLOW SENSOR MUST BE MIN.
4
5
6
7
8
9
10
11
15
16
18
19
20
21
22
17
MAINLINE, SEE PLAN FOR SIZE
6" 3/4" WASHED AGGREGATE
MIN. 4 CONCRETE BLOCKS, TWO EACH SIDE.
1" MINIMUM SPACE BETWEEN LATERAL AND VALVE BOX.
FINISH GRADE.
VALVE BOX AND EXTENSION, AS SPECIFIED.
MARKER TAPE OVER 2-WIRE PATH IN CONDUIT.
2-WIRE PATH TO CONTROLLER/DECODERS IN CONDUIT, 1" MIN.
WIRE CONNECTORS, AS SPECIFIED.
SLACK DECODER PATH WIRE, AS SPECIFIED.
FLOW SENSOR DECODER (ICD-SEN) WITH WIRES TO FLOW SENSOR AND 2-WIRE PATH.
MASTER VALVE DECODER (ICD-100) WITH WIRES TO MASTER VALVE AND 2-WIRE PATH.
SUBMAINLINE PIPE TO CONTROL VALVES. SEE PLAN FOR SIZE.
23
LEGEND:
1
2
3
13
24
12 25
14 18" MINIMUMCOVER8
6
6
23
23
1
14
13 3
10
9
7 7
2
24
25
19
18
11
17
22
18
21
20
17
12
16
15
POSSIBLE
60-90° IF
INSTALL AT
.
6
5
19
26
26
5
NOTES:
WIRELESS SOLAR SYNC
LEGEND:
4. FINISH GRADE.
3. CONCRETE FOOTING - 18" DIA. x 24" DEEP MIN., SLOPE TO DRAIN.
CUT AT 45° ANGLE AS SHOWN. WELD PLATE ON TOP AS COVER.
2. 6"x6" SQ. TUBE STEEL, PRIME AND POWDER COAT BLACK. TOP TO BE
SENSOR GUARD.
1. SOLAR SYNC AS SPECIFIED. MOUNT TO SQ. TUBE. INSTALL WIRELESS
IS 800' FIELD VERIFY.
2. MAX. DISTANCE FROM CONTROLLER
1. TUBE STEEL TO BE WATER TIGHT.
1
2
4
3
24"10'NOT TO SCALE NOT TO SCALE
FUTURE CONNECTION
WIRE PATH #2 (GRAY)
WIRE PATH #1 (BLUE)
NOTES:
2. INSTALL PULL BOXES AS NOTED ON DETAIL.
INSTALL MARKER TAPE OVER 2-WIRE PATH.
1. ALL WIRE SHALL BE INSTALLED IN CONDUIT, 1" MIN. ALONG MAILINE. 18" MIN. 1 2-WIRE CONTROL PULL / SPLICE BOX
DRAWINGS.
2. INCLUDE PULL/SPLICE BOXES ON AS-BUILT
CONDUIT WITH DUCT SEALANT.
TO WITHIN 6" OF CARSON BOX COVER AND CLOSE
1. AT PULL/SPLICE LOCATIONS EXTEND CONDUIT
DIRECTIONAL CHANGES
& AT ALL JUNCTIONS &
PULL BOXES 300' O.C. MAX.
4
3
10
76" MIN. NOTES:
LEGEND:
6
5
9
8
2
1
10. CONC. SUPPORT BLOCK EACH CORNER.
PERMITTED ONLY AT DECODERS.
9. SPLICES MADE WITH DBY SPLICE KITS. FIELD SPLICES
8. MIN. 60" LOOP OF CONDUCTORS IN PULL BOX.
7. 90° SWEEP ELL.
6. PVC SCHED 40 CONDUIT SIZE AS REQUIRED, 1" MIN.
5. MIN. 4" DEPTH CRUSHED AGGREGATE.
AND DECODERS.
4. 2-WIRE COMM CABLE TO SATELLITE CONTROLLERS
3. PANDUIT HTDU 3R-E MARKER TAPE CONTINUOUS.
ELECTRICAL MARKING.
2. CARSON 1419-12 BOX & 1419-3B GREY COVER,
1. FINISH GRADE
NOT TO SCALE
NIC - FUTURE PHASE
D
124
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
LEGEND:
POTENTIAL FUTURE DONOR TREE
3'-5' DIAMETER GRANITE LANDSCAPE BOULDERS.
4" DEEP SHREDDED MULCH AREA AT PLANTS AS SPECIFED. MULCH AREA TO TAKE INTO ACCOUNT MATURE SIZE OF PLANT AS SHOWN ON PLANS.
EDGING AS SPECIFIED
NOTES:
13. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
WALKWAYS.
12. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND CONCRETE
11. NO TREE OR SHRUB SHALL BE PLANTED OVER OR WITHIN 5' LATERALLY FROM ANY UNDERGROUND UTILITIES.
10. NO TREES SHALL BE PLANTED CLOSER THAN 10' TO A FIRE HYDRANT, CYCLING RAMPS, SIGNAGE, STREET LIGHTS, ETC. ADJUST LAYOUT IF NECESSARY.
9. AREAS THAT ARE TOO SMALL TO BE DRILL SEEDED SHALL BE BROADCAST, RAKED IN, AND ROLLED.
8. CONTRACTOR SHALL COORDINATE IRRIGATION SYSTEM LAYOUT WITH PLANTINGS.
7. THE INSTALLATION OF LAWNS, PLANT MATERIAL AND IRRIGATION SYSTEM SHALL BE PERFORMED BY ONE CONTRACTOR.
DETERMINE FULL SCOPE OF POTENTIAL SITE DISTURBANCE TO BE RECLAIMED.
IN THE REMOVAL OR DISPLACEMENT OF EXISTING GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW ALL OTHER CONTRACT DOCUMENTS TO
INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE, STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR TRAFFIC THAT RESULTS
6. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION ACTIVITIES
5. NO SUBSTITUTIONS WILL BE ALLOWED WITHOUT WRITTEN CONSENT FROM THE LANDSCAPE ARCHITECT.
4. IN THE EVENT OF A DISCREPANCY, NOTIFY THE LANDSCAPE ARCHITECT IMMEDIATELY.
3. ALL PLANT MATERIAL SHALL BE INSTALLED AS DETAILED AND PER SPECIFICATIONS.
2. ALL PLANT MATERIAL SHALL CONFORM TO THE CURRENT AMERICAN ASSOCIATION OF NURSERYMANS NATIONAL STANDARD SPECIFICATIONS.
ADJACENT PROPERTY SHALL BE CONTRACTORS RESPONSIBILITIES. REPAIR ANY DAMAGE BACK TO ORIGINAL CONDITION.
1. CONTRACTOR TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO INSTALLATION, EXCAVATION, OR PLANTING OPERATIONS. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR
SHRUBS
KEY QTY COMMON NAME BOTANICAL NAME
SIZE ROOT
PLANT SCHEDULE:
SHADE TREES
CHB 2-1/2"B&B 50'45'
HEIGHT
MATURE
SPREAD
MATURE
TOLERANT
DROUGHT
YES
(HEIGHT)
SIZE
PLANTING
12' COMMON HACKBERRY CELTIS OCCIDENTALIS
NHL NORTHERN ACCLAIM HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. 'HARVE'2-1/2"B&B 35-45'30-35'YES
IHL IMPERIAL HONEYLOCUST GLEDITSIA TRIACANTHOS VAR. INERMIS 'SKYCOLE'2-1/2"B&B 40-50'30-35'YES
FRM FREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NOFRMFREEMAN MAPLE ACER X FREEMAN 2-1/2"B&B 40-60'40'NO
SAL SENTRY AMERICAN LINDEN TILIA AMERICANA 'SENTRY'2-1/2"50-70'30-50'NOB&B
RDL REDMOND LINDEN TILIA AMERICANA 'REDMOND'2-1/2"40-60'25-30'NOB&B
NHE NEW HORIZON ELM ULMUS X 'NEW HORIZON'2-1/2"60'40'YESB&B
RDM RED MAPLE ACER RUBRUM 2-1/2"40-50'40'YESB&B
RRM RED ROCKET MAPLE ACER RUBRUM 'RED ROCKET'1-1/2"8' 40'10'NOB&B
QUA QUAKING ASPEN POPULUS TREMULOIDES (SINGLE & MULTI-STEM)1-1/2"8-10' 50-75'30'YESB&B
CBS COLORADO BLUE SPRUCE PICEA PUNGENS 'GLAUCA'6-8' 50'20'YESB&B
BHS BLACK HILLS SPRUCE PICEA GLAUCA 'DENSATA'6-8' 20-40'10-15'YESB&B
MLL MORDEN LITTLE LEAF LINDEN TILIA CORDATA 'MORDEN'2-1/2"30-50'30-50'YESB&B
ORNAMENTAL TREES
EVERGREEN TREES
WRB WESTERN RIVER BIRCH BETULA OCCIDENTALIS (MULTI-STEM)1-1/2"8'15-20'15-20'NOB&B
ORNAMENTAL GRASSES
BO 12-18" BLUE OAT GRASS HELICTOTRICHON SEMPERVIRENS #1 CTN 3'3'YES
FG FLAME GRASS MISCANTHUS SINESNSIS 'PURPURASCENS'#1 CTN 12-18" 4-5'2-3'YES
HM HEAVY METAL BLUE SWITCHGRASS PANICUM VIRGATUM 'HEAVY METAL'#1 CTN 12-18" 4 3'YES
KF KARL FOERSTER FEATHER REED GRASS CALAMAGROSTIS ACUTIFLORA 'KARL FOERESTER'#1 CTN 12-18" 3-5'2-3'YES
GM 2' GOLDMOUND SPIREA SPIRAEA JAPONICA 'GOLDMOUND'CTN 3'3'YES
NB LITTLE DEVIL NINEBARK PHYSOCARPUS OPULIFOLIUS 'DONNA MAY'CTN 3' 4'3'YES
CS CREEPING SCOTCH PINE PINUS SYLVESTRIS 'HILLSIDE CREEPER'CTN 12-18" 2'7'YES
GL GRO-LOW SUMAC RHUS AROMATICA 'GRO-LOW'
OG OLD GOLD JUNIPER JUIPERUS CHINENSIS 'OLD GOLD'CTN 12-18" 2-3'5'YES
BU BUFFALO JUNIPER JUNIPERUS SABINA 'BUFFALO'#5 CTN 12-18" 2'5'YES
SS SKUNKBRUSH SUMAC RHUS TRILOBATA CTN 3' 4-5'3-6'YES
GF GOLDFINGER POTENTILLA POTENTILLA FRUTICOSA 'GOLDFINGER'CTN 2' 3'3'YES
SN SNOWMOUND SPIREA SPIRAEA NIPPONICA 'SNOWMOUND'CTN 3' 4'4'YES
DY ARCTIC FIRE YELLOW DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE YELLOW'CTN 3' 5'6'NO
DR ARCTIC FIRE RED DOGWOOD CORNUS STOLONIFERA 'ARCTIC FIRE RED'CTN 3' 4'4'NO
CTN 12-18" 2'7'YES
6'
6'
#5
#5
#5
#5
#5
#5
#5
#5
#5
#5
* QTY - DOES NOT INCLUDE FUTURE DONOR TREES
14
1
2
3
3
5
1
1
0
3
3
0
10
0
0
0
24
15
0
0
0
4
31
10
6
0
12'
12'
12'
12'
12'
12'
12'
12'
0
0
0
L1.1
NOTES & DETAILS.DGN
L1.1 PLANTING LEGENDPLANTING LEGEND & NOTESMANDATORY LANDSCAPE PROVISIONS
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
COTTONWOOD
11 (DONOR)
15
PROVISIONS AND NOT PREVIOUSLY ACCOUNTED FOR
NUMBER OF TREES SHOWN BEYOND MANDATORY LANDSCAPE
TOTAL TREES PROVIDED
TOTAL TREES REQUIRED
FRONTAGE (LF)
STREET FRONTAGE LANDSCAPING
SQUARE FOOT OF LANDSCAPING PROVIDED
SQUARE FOOT OF REQUIRED LANDSCAPING
TOTAL PROVIDED
TOTAL TREES REQUIRED
PERFORMANCE STANDARD TREES
STANDARD NUMBER OF TREES REQUIRED
PARKING STALLS
PARKING LOT LANDSCAPING
9
8
420
2,730 SF
2,380 SF
21
21
8
13
119
OAK
PLAN CHANGES:1
1
2 REVISED
QUANTITIES UPDATED
1
2
2
Exhibit B
125
S
D
D D 47434743474447444743
4744
4745
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROAD1SAL
MATCH LINEMATCH LINEVISIO
N TRIA
NGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.2
L1.2 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
"NIC - FUTURE PHASE" PLANTERS AND TREES REMOVED.
PLAN CHANGES:
-
126
4744474547464743
4744
4745
4746
4747
47484749SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
4GL
1NHL
1SAL
1NHE
1NHE
1NHE
1MLL
1MLL
1MLL
1MLL
1SAL 1SAL
1SAL1SAL
3FG 8GL
9GF
4GL 3FG
2HM 2GL
7KF
2BU 2BU
4GL
6HM
OAK STREET
1NHL1NHL
1RDL
1RDL
1SAL
1SAL
1SAL
1MLL
5SN
5SN
2HM
2GL
1SAL
17KF
MATCH LINEMATCH LINE1NHL
1NHL MATCH LINEMATCH LINEMATCH LINE
VIS
ION
TR
IANGLEVISION
T
RI
ANGL
E
1SAL
VISION TRIANGLE
1SAL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.3
L1.3 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 BIKE RACKS, SEE 2/L2.2.
4' H PLANTED SCREEN AT PARKING.2
1
22
2
RACKS AND SIDEWALK.
WEED BARRIER AND BARK MULCH IN PLACE OF FUTURE BIKE
CONCRETE WALKWAY & BIKE RACKS NIC - FUTURE PHASE. INSTALL
3
3
PLAN CHANGES:
1
EDGING ADDED.
PLANTER AREA AND 4 TREES REMOVED.
2
1
2
2
1
1
127
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
FUTURE PROJECT
MATCH LINEIHL
IHL MATCH LINEMATCH LINE
IHL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.5
L1.5 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PLAN CHANGES:1
"NIC - FUTURE PHASE" PLANTERS AND TREES REMOVED.-
128
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
4
7
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
1RDM
1SAL 1SAL
1FRM
3RRM
3RRM
1IHL
MATCH LINEMATCH LINEIHL
IHL
1NHL MATCH LINEMATCH LINEMATCH LINE
6GF6GF
7KF
TOILET
VAULT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.6
L1.6 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PLAN CHANGES:
1 PLANTER AREA AND 9 TREES REMOVED AT RETENTION POND.
1
1
129
S
MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROAD3BHS
3CBS
MATCH LINEMATCH LINEARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.7
L1.7 PLANTING PLAN.DGNPLANTING PLAN0 10'20'40'NORTH
KEY NOTES:
1 -
PLAN CHANGES:
1 PLANTER AREA AND TREES AT RETENTION POND REMOVED.
1
1
130
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
47394740474147424743
47434743474447444745474647394740474047414741474247424743
4744
474547374
7
3
7 473847394742
4743
4744
4745
4746
4747
47484749
FUTURE SYNTHETIC TURF FIELD SYNTHETIC TURF FIELD
FUTURE DOG PARK FLANDERS MILL ROADRETENTION POND
FACILITY
MAINTENANCE
FUTURE
PROJECT LIMITS
MATCH LINE
OAK STREET
VISION TRIANGLEVISION T
RI
ANGLEVISION TRIANGLECOTTONWOOD ROADVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
L1.8
L1.8 SEEDING PLAN.DGNSEEDING PLAN0 25'50'100'NORTH
LEGEND:
SITE DISTURBANCE TO BE RECLAIMED.
ALL OTHER CONTRACT DOCUMENTS TO DETERMINE FULL SCOPE OF POTENTIAL
GROUNDCOVER OR GRADE. IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW
TRAFFIC THAT RESULTS IN THE REMOVAL OR DISPLACEMENT OF EXISTING
STAGING AND PARKING OR ANY OTHER FORM OF EXCAVATION, COMPACTION, OR
ACTIVITIES INCLUDING TRENCHING, DEMOLITION, EARTHWORK, MATERIAL STORAGE,
SEEDED AS SPECIFIED. A DISTURBED AREA SHALL BE WHERE CONSTRUCTION
1. ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL BE PREPARED AND
PLANTER AREA.
DRILL SEEDED DRYLAND GRASS & HYDROMULCH AS SPECIFIED.
NOTES:
PLAN CHANGES:
1
PLANTER AREAS AT ENTRY REPLACED WITH DRYLAND GRASS.
PLANTER AREAS AT RETENTION POND REPLACED WITH DRYLAND GRASS.
SEEDED AREA EXTENDED TO SIDEWALK.
2
1
3
2
3
3
1
131
S
S
S
S
S
S
S
S
D
DDDD
D
DD
DD
D
D
D
D
D
D
D D
D
PROJECT EXTENTSD
D
D
D
NOTES:
17. REFER TO DETAILS AND SPECIFICATIONS FOR ADDITIONAL INFORMATION.
CONCRETE WALKWAYS.
16. REFER TO CIVIL DRAWINGS FOR EXISTING AND FINAL PROPOSED CONTOURS, GRADE INFORMATION, FINAL UTILITY ROUTING, AND DESIGNATION OF GRAVEL AND
15. PIPING AND EQUIPMENT MAY BE SHOWN IN PAVED AREAS FOR GRAPHICAL CLARITY. PIPING AND EQUIPMENT TO BE INSTALLED IN ADJACENT LANDSCAPING AREAS.
14. PROGRAMMING OF CONTROLLERS BE COORDINATED WITH EXISTING SCHEDULES TO ENSURE ATHLETIC FIELDS ARE THE HIGHEST PRIORITY.
REQUIREMENTS AT THE PUMP STATION DISCHARGE ARE 500 GPM AT 112 PSI.
13. DESIGN BASED ON 0.24"/DAY WATER REQUIREMENT, 6 DAYS/WEEK WITH AN 8 HOUR WATER WINDOW WITH 45 PSI AT ALL I-20 SPRINKLER HEADS. OVERALL SYSTEM
12. ALL EXTERIOR CABINETS AND EQUIPMENT ENCLOSURES TO BE STAINLESS STEEL FINISH.
11. VERIFY SIGNAL STRENGTH AND AIR CARD NEEDS AT EACH SATELLITE CONTROLLER.
10. ADJUST ALL HEADS AS REQUIRED TO PREVENT OVERSPRAY ONTO BUILDINGS AND STREETS.
BE ELECTRICAL GRADE SCHEDULE 40 PVC. ALL CONDUITS ABOVE GRADE SHALL BE SCHEDULE 80 PVC.
9. ALL CONDUIT TO BE 1" MINIMUM. CONCEAL OR BURY WHEREVER POSSIBLE. ALL VISIBLE CONDUITS SHALL BE ROUTED AS DIRECTED. ALL BURIED CONDUITS SHALL
FLOWS 51 GPM AND GREATER TO HAVE 2" CONTROL VALVES.
8. ZONES WITH FLOWS THROUGH 20 GPM TO HAVE 1" CONTROL VALVES. ZONES WITH FLOWS 21 THROUGH 50 GPM TO HAVE 1-1/2" CONTROL VALVES. ZONES WITH
7. CONTRACTOR SHALL MAINTAIN AN ACCURATE, CURRENT AS-BUILT ON THE JOB AT ALL TIMES.
FIELD VERIFY.
6. LOCATIONS OF AIR RELIEF VALVES MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL HIGH SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FIELD VERIFY.
5. LOCATIONS OF MAINLINE DRAINS MAY VARY. ACTUAL LOCATIONS SHALL BE IN ALL LOW SPOTS ALONG THE MAINLINE IN APPROXIMATE LOCATIONS AS SHOWN,
FUNCTIONAL SYSTEM.
COORDINATE AND PAY FOR ALL TECHNICAL SUPPORT NEEDS WITH CONTROL SYSTEM MANUFACTURER AND SERVICE PROVIDERS AS REQUIRED FOR COMPLETE AND
4. CONTRACTOR SHALL PROVIDE ALL DEVICES, WIRING AND PROGRAMMING AT CONTROLLER FOR A COMPLETE OPERATIONAL SYSTEM. CONTRACTOR SHALL
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER, SIZE, AND LOCATION IS PROVIDED. SEE SLEEVING PLAN, I11.
INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V. AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO BE
3. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS THE
FEATURES. REASONABLE CHANGES IN PIPE LAYOUT MAY BE MADE BY THE CONTRACTOR WITH THE ADVANCE APPROVAL OF THE LANDSCAPE ARCHITECT.
2. IRRIGATION PLAN IS DIAGRAMMATIC IN NATURE. FIELD ADJUSTMENT OF IRRIGATION COMPONENTS MAY BE NECESSARY TO AVOID CONFLICTS WITH EXISTING SITE
BE CONTRACTOR'S RESPONSIBILITY.
1. CONTRACTOR SHALL VERIFY LOCATION OF ALL UTILITIES PRIOR TO CONSTRUCTION. ANY DAMAGE TO EXISTING UTILITIES ON SITE OR ADJACENT PROPERTY SHALL
LEGEND:
SYMBOL DESCRIPTION SIZE MANUF.MODEL NUMBER
D
ZONE #
GPM
44' RADIUS
38' RADIUS
34' RADIUS
31' RADIUS
19' RADIUS
14' RADIUS
10' RADIUS
5' X 15', 5' X 30'
12' RADIUS
8' RADIUS
-
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTOR SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
ROTARY SPRINKLER
SPRAY SPRINKLER
SPRAY SPRINKLER
BUBBLER(S)
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
HUNTER
D
SATELLITE CONTROLLER
MASTER VALVE/FLOW SENSOR
WEATHER SENSOR
ELECTRIC CONTROL VALVE
QUICK COUPLING VALVE
MAINLINE DRAIN VALVE
ISOLATION VALVE
AIR RELIEF VALVE
A2C-75D-SS-PED-SS W/ A2C-LTEM W/ EXTERNAL ANTENNA-10010100
3300300/QS200-30
WSS-SEN
PESB SERIES
44 LRC
C10-SP
HUNTER
SUPERIOR/FLOMEC
HUNTER
RAINBIRD
RAINBIRD
AS SPECIFIED
AS SPECIFIED
BERMAD
I-20-06-CV-8.0, 8.0 GPM @ 45 PSI
I-20-06-CV-3.0, 3.0 GPM @ 45 PSI
I-20-06-CV-2.0, 2.0 GPM @ 45 PSI
I-20-06-CV-1.5, 1.5 GPM @ 45 PSI
MP2000 @ 40 PSIPRS40-CV-PROS-06-
MP1000 @ 40 PSIPRS40-CV-PROS-06-
MP800SR @ 40 PSIPRS40-CV-PROS-06-
PROS-06-PRS40-CV-MPLCS/RCS-515 & MPSS-530
PROS-06-PRS30-CV-12 SERIES, 30 PSI (GREEN)
PROS-06-PRS30-CV-8 SERIES, 30 PSI (BROWN)
PROS-06-CV-PCN-10, 1.0 GPM @ 30 PSI (2/TREE)
75 STATION
3"/3"
AS NOTED
1"
LINE SIZE
2"
PA-1
222.6
2"
SEE NOTES
AS SHOWN
AS SHOWN
AS SHOWN
SEE DETAILS
SEE DETAILS
SCHEDULE 40
SCHEDULE 40 SOLVENT WELD
CLASS 200 GASKETED
CLASS 200 GASKETED
BLOWOUT ASSEMBLY
CAMLOCK CONNECTION
SLEEVES - PVC
LATERAL LINE - PVC
IRRIGATION SUBMAIN - PVC
IRRIGATION MAIN- PVC
GROUNDING LOCATIONGL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.1
& NOTES.DGN
I1.1 IRRIGATION LEGENDIRRIGATION LEGEND & NOTES LEGEND:
NATIVE GRASS
PLANTER
NATURAL TURF (NONE THIS PHASE)
OAK STREETCOTTONWOOD ROADTURF FIELD
SYNTHETIC
FUTURE FLANDERS MILL ROADBAXTER LANE
TURF FIELD
SYNTHETIC
FUTURE
DOG PARK
FUTURE
FACILITY
MAINTENANCE
FUTURE
NOT TO SCALE
1 IRRIGATED AREA
NIC - FUTURE PHASE, NO IRRIGATION THIS PHASE.
1
PLAN CHANGES:
1 SPRINKLER ADDED TO LEGEND.
1
132
S
D
D D 4743474347444743
4744
4745
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
MATCH LINE
MATCH LINE
FUTURE SYNTHETIC TURF FIELD
OAK STREETCOTTONWOOD ROADMATCH LINEMATCH LINED15
24.0
D14
98.1
1-1/2"
1"
1-1/2"
1"
1-1/2"
1-1/2"
3"
3"4"
1"
1"
GL
I1.2
I1.2 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
1
INSTALL DI CAP & T-BLOCK.2
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL AT TEE.3
4
3
4
3
3
3
3
2
PLAN CHANGES:
-"NIC - FUTURE PHASE" IRRIGATION REMOVED.-
133
4744474547464743
4744
4745
4746
4747
47484749VIS
ION
TR
IANGLEVISION
T
RI
ANGL
EVISION TRIANGLE
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
SYNTHETIC TURF FIELD
PROJECT LIMITS
FUTURE DOG PARK
OAK STREET
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D8
28.0
D7
25.5
D11
6.0
D9
43.3
2"
1-1/2"
1"1"
1-1/2"
1"
1-1/2"
1"
1-1/2"
1"
1"
2"1-1/2"
1-1/2"
1"
1-1/2"1"
1"
1"
3"3"
D12
32.5
D13
25.5 4"
1"
1"1"
GL
4"
4"4"
4"
1"
1-1/2"
1"
1-1/2"
1-1/2"
1"
1"
1"
1"
D10
36.4
2"
1-1/2"
1"1"
I1.3
I1.3 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
2
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT 2
2-WIRE PATH.
INSTALL DECODER AND GROUNDING EQUIPMENT AT END OF 3
1
3
1
1
PLAN CHANGES:
1
1
SPRINKLER ADJUSTMENTS.
134
S
S
D
S
S 47374
7
3
7
4738MATCH LINE
MATCH LINE
MATCH LINECOTTONWOOD ROADFUTURE SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINE
D24
25.4
D25
10.0
1-1/2"
1-1/2"
1"
1"
GL
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.5
I1.5 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1
1
2
TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
INSTALL DI CAP & T-BLOCK.
END 2-WIRE PATH AT VALVE.
TERMINATE LATERAL AT TEE.
3
4
5
4
5
4
3
PLAN CHANGES:
"NIC - FUTURE PHASE" IRRIGATION REMOVED.-
135
S
D
D
4739
4740
4741
4742474347394740474047414741474247424739
4
7
4
2
4743
MATCH LINE MATCH LINE
MATCH LINE
RETENTION POND
SYNTHETIC TURF FIELD
MATCH LINEMATCH LINEMATCH LINEMATCH LINEMATCH LINE
D30
70.5
D29
70.5
D26
18.0
D28
37.7 D6
3.0
D27
2.7
6"
6"
6"
1"
2"
3"
2"
1"
1-1/2"
1-1/2"
3"
1"1"
1"
1"
1"
1"
4"
GL
4"
4"
4"
8"
4"
GL
4"
4"
D
1"
TOILET
VAULT
1-1/2"
2"
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.6
I1.6 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 TO ACCOMMODATE FENCE.
INSTALL LATERALS & SPRINKLERS 12" OFF OF EDGE OF PAVEMENT
COIL 6' OF CONTROL WIRE IN VALVE BOX FOR FUTURE USE.
INSTALL ELECTRIC CONTROL VALVE, DO NOT CONNECT TO WIRE.2
INSTALL DI CAP AND T-BLOCK.3
1
3
2
NOT USED.4
3
5
SEE 6/I2.3 FOR CONTROLLER SOLAR POWER REQUIREMENTS.5
1
8" FUTURE MAINLNE REMOVED.
IRRIGATION AT RETENTION POND PLANTERS AND TREES REMOVED.
PLAN CHANGES:1
1
-
136
S
SHED
FUTURE STORAGE GROUNDWATER:4737.30POND BOTTOM:4740.30PONDSTORMWATER RETENTION MATCH LINE
MATCH LINE
PROJECT LIMITS FLANDERS MILL ROADMATCH LINEMATCH LINED2 D3
24.0
D5
72.0
D4
24.0
1-1/2"
1"
1-1/2"
1-1/2"
1"
3"
1"
1"
2"
1-1/2"
1-1/2"
4"GL
D1
USED
NOT
USED
NOT
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.7
I1.7 IRRIGATION PLAN.DGNIRRIGATION PLAN0 10'20'40'NORTH
KEY NOTES:
1 INSTALL DI CAP AND T-BLOCK.
1
NOT USED.2
PLAN CHANGES:
1
CHANGES ON AS-BUILT DRAWING.
RENUMBER ZONES BEGINNING AT D3. D3 TO BE D1. INCLUDE
ELECTRIC CONTROL VALVES DI & D2 REMOVED.
IRRIGATION AT RETENTION POND PLANTER AND TREES REMOVED.
2
1
2
1
137
S
S
S
D
D
D
D D
S
S
S
S
D
D
D
ARCHITECT.
CONSENT OF THE LANDSCAPE
OR OWNER WITHOUT WRITTEN
OTHER PURPOSE, LOCATION,
IS NOT TO BE USED FOR ANY
SPECIFICALLY FOR THIS SITE AND
IT HAS BEEN PREPARED
OF THE LANDSCAPE ARCHITECT.
THIS DRAWING IS THE PROPERTY
STEINER THUESEN PLLC
2025
COPYRIGHT
SHEET CITY OF BOZEMANBOZEMAN SPORTS PARK PHASE 2FILE:
REV:
REV:
DATE:
CHECKED BY:
DATE:
DRAWN BY:GSG
6/27/25
NGS
6/27/25
11/5/25
-
P L L C
GOLF COURSE ARCHITECTURE
IRRIGATION DESIGN
LANDSCAPE ARCHITECTURE
1925 GRAND AVE. SUITE 105
P.O. BOX 22943
BILLINGS, MT 59104
406/252-5545 FAX 245-9855
THUESEN
STEINER
KEY MAP:
NATHAN
STEINER
143
G
CNLADS
APE ARCHITECTOMNTANA
R
EG
ISTERED
I1.9
I1.9 SLEEVING PLAN.DGNSLEEVING PLAN0 25'50'100'NORTH
INFORMATION.
4. REFER TO ALL DRAWINGS, DETAILS AND SPECIFICATIONS FOR ADDITIONAL
SLEEVES REQUIRED FOR CONSTRUCTION OF THE IRRIGATION SYSTEM ARE PROVIDED.
CONTRACTOR ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE ALL
3. ANY SLEEVES SHOWN ON SLEEVING PLAN ARE FOR THE CONVENIENCE OF THE
SIZE, AND LOCATION IS PROVIDED.
COORDINATE WITH THE CONCRETE CONTRACTOR TO ENSURE PROPER NUMBER,
AND 24 V. WIRING. WIRE SLEEVES TO BE 3" MIN. IRRIGATION CONTRACTOR SHALL
BE INSTALLED THROUGH SLEEVE. PROVIDE SEPARATE SLEEVES FOR BOTH 120 V.
SYSTEM AS SHOWN. ALL PIPE SLEEVES TO BE 2 PIPE SIZES LARGER THAN PIPE TO
THE RESPONSIBILITY OF THE CONTRACTOR FOR INSTALLATION OF THE IRRIGATION
SURFACES, EXISTING AND PROPOSED. LOCATION AND NUMBER OF SLEEVES IS
2. SCHEDULE 40 PVC SLEEVES ARE REQUIRED UNDER ALL HARD AND GRAVEL
TYPICAL LATERAL LINE, AND 18" FOR ALL MAIN/SUBMAINLINES.
1. COORDINATE WITH IRRIGATION PLAN TO DETERMINE DEPTH OF COVER. 12" FOR
KEY NOTES:
1 -
NOTES:
H
D
B
D D J
B
C
C
B B B
B B B
B B
B
E EEE
A
D
A
A
A
N
A
B
C
PROJECT LIMITS
(1) 3" SLEEVE
(2) 3" SLEEVES
(3) 3" SLEEVES
(1) 8" SLEEVE
(2) 3" SLEEVES
(1) 8" SLEEVE
(1) 10" SLEEVE
(1) 3" SLEEVE
A
H
G
F
E
D
C
B
E
SLEEVE LOCATION
(1) 3" SLEEVE
(1) 8" SLEEVE
(1) 8" SLEEVE
(1) 3" SLEEVE
(1) 12" SLEEVE
(1) 3" SLEEVE
(1) 4" SLEEVEK
M (1) 8" SLEEVE
(2) 3" SLEEVES
LEGEND:
(1) 8" SLEEVE
(2) 6" SLEEVES
(1) 3" SLEEVE
J
L (1) 10" SLEEVE
(2) 3" SLEEVES
I
N (1) 6" SLEEVE
(1) 3" SLEEVES
PLAN CHANGES:
1
"NIC - FUTURE PHASE" SLEEVES REMOVED.
3" SLEEVE ADDED.
6" SLEEVE CHANGED TO 8".
1
A
1
2
-
2
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851 Bridger Dr., #1, Bozeman, MT 59715 | phone: 406-522-8594
www.seaeng.com
Engineers and Land Surveyors
June 24, 2025
City of Bozeman Planning Department
20 E. Olive St. 2nd Floor
Bozeman, MT 59715
Via: ProjectDox
RE: Bozeman Sports Park—Park Master Plan Renewal
Dear Planning Director:
I am writing to request the renewal of the Bozeman Sports Park’s Park Master Plan
(PMP) approved in 2017, which has since expired. Phase 1a was constructed in 2018
and 2019; and Phase 1b is currently planned for construction in 2025.
The original PMP included “project-sized” phases, without order—giving the park flexibility
in its development. Our goal is to proceed with developing a new phase of the park
(Phase 2) on the south end as envisioned in the original PMP. Planned improvements
include the parking lot at the south end of the development along with two artificial turf
fields west of the new parking lot along Oak Street. A separate Site Plan application has
already been submitted that show specifics on the proposed improvements for this phase.
To move forward, we kindly ask for the Planning Department’s review and approval to
renew the PMP with a 5-year extension, ensuring alignment with current regulations and
community needs.
Thank you for your time and consideration.
Sincerely,
Stahly Engineering, Inc
_________________
Zach Lowe, PE
Exhibit C
139
Bozeman Sports Park
Park Master Plan Extension Narrative
The Bozeman Sports Park, a 79.869-acre city-owned property acquired in 2013, is ideally located
between Baxter Lane, Cottonwood Road, Oak Street, and Flanders Mill Road. With
approximately 71 acres of developable land (excluding rights-of-way), the park is a cornerstone
of community recreation.
The original Bozeman Sports Park Master Plan was thoughtfully craſted through collaboration
among DOWL (civil engineers), Siegfried (sports park consultants), and Steiner-Thuessen
(landscape architects), with valuable input from the Bozeman Sports Park Foundation, Gallatin
Valley Land Trust, Bozeman School District, Run Dog Run, city departments (Parks, Planning, and
Engineering), and the public. Five concept plans were evaluated during three Interactive
Workshop Environments (IWEs), culminating in a public open house at City Hall to present the
preferred design and gather additional feedback.
Phase 1a, completed in 2017–2018, brought the park to life with four natural turf fields (Fields
1–4) at the north end, two artificial turf fields just south, a 229-stall north parking lot, a
restroom/concession building, a shade structure, a pavilion, and a playground. Critical
infrastructure was also established, including stormwater ponds and mains, relocation of the
Maynard Irrigation Pipeline to the park’s eastern edge, and a versatile irrigation system that can
draw from decreed water rights or municipal sources.
Since Phase 1a, Cottonwood Road and Oak Street have been built, and Gallatin High School,
which opened in 2020 just south of the park, has become a key partner. The Bozeman School
District recently proposed a collaborative project, in line with the original park master plan, to
develop two additional artificial turf fields in the southwest portion of the park, along with a
small adjacent parking lot, as part of Phase 1b, which is now in planning. To move forward, a
five-year extension of the existing Park Master Plan is needed to ensure continued progress and
alignment with community goals.
The revised Park Master Plan map, included with this submission, shows Phase 2 in the
southwest section of the Bozeman Sports Park. Future phases will add four fields bridging
Phases 1b and 2, a southeast area with a City Maintenance building and a dog park, and the
large parking lot off Cottonwood Road.
140
W OAK STREETCOTTONWOOD ROADFUTURE PHASE CPHASE 2PROPOSED PROJECT2025FUTURE PHASE BPHASE 1B-2FUTURE PROJECTPHASE 1BPLANNED PROJECT2025 BY OTHERSFUTURE PHASE AEXISTINGEXISTINGEXISTINGEXISTINGFUTURE PHASE DOSPOVERALL SITEPLAN1 4/22/2025 SITE PLAN SUBMITTAL ZWL JWF
2 6/13/2025 MASTER SITE PLAN
RENEWAL ZWL JWF
3 7/8/2025 SITE PLAN RC1 ZWL JWF
4 8/4/2025 BID SET ZWL JWF PROFESSIONALENGINEERS &SURVEYORSSTAHLYENGINEERING& ASSOCIATESBOZEMAN SPORTS
PARK PHASE 2
CITY OF BOZEMAN GREAT FALLS Phone:(406)604-4644BOZEMAN Phone:(406)522-9526CODY Phone:(307)509-5541BILLINGS Phone:(406)601-4055HELENA Phone:(406)442-8594141
2
Figure 1: Rendering of Final Master Site Plan for the Bozeman Sports Park.
142
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign the Field 13 Contract with Field Turf USA,
Incorporated
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Field 13 Contract with Field Turf USA,
Incorporated
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:The City and Bozeman School District 7 have entered into a Memorandum of
Understanding for the funding and construction management of Field 13 and
a new parking lot in the Bozeman Sports Park Phase 2.
UNRESOLVED ISSUES:NA
ALTERNATIVES:Per Commission
FISCAL EFFECTS:Project is contingent on Memorandum of Understanding addenda with BSD7
on this agenda.
Attachments:
BSD7-Field_Field-Turf-Contract.pdf
BSD7-Field_Field-Turf-Contract
Field-13-Proposal.pdf
Bozeman-Sports-Park-Field-13_PRESENTATION-R1-
00036660.pdf
Report compiled on: October 9, 2025
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CONTRACT BETWEEN CITY AND CONTRACTOR FOR
Bozeman Sports Park Field 13
This CONTRACT is made as of: _______________
BETWEEN:
FieldTurf USA, Inc.
175 N Industrial Blvd NE
Calhoun, GA 30701
Hereinafter identified as the “CONTRACTOR” and:
City of Bozeman
P.O. Box 1230
121 N. Rouse Ave
Bozeman, Montana 59771
hereinafter identified as the “OWNER”.
WITNESSETH that the Contractor and the Owner, for the consideration hereinafter named,
agree as follows:
ARTICLE 1 – SCOPE OF WORK
The Contractor shall perform all Work as shown in the Scope of Services and Contract
Documents, as defined in Article 5.
ARTICLE 2- EFFECTIVE DATE, EXPIRATION DATE AND EXTENSION
This Contract is effective upon the date of the final signature below. This Contract expires
August 1st, 2026, unless it is cancelled sooner pursuant to terms outlined in the Contract
Documents.
ARTICLE 3 – CONTRACT SUM
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The Owner shall pay the Contractor for performance of the Work, Subject to additions and/or
deductions by Change Order or damages as provided in the Contract Documents, the
contract Sum of: $ 1,373,170.00
ARTICLE 4– DESIGNATED REPRESENTATIVES
Owner’s Designated Representative:
Addi Jadin, Parks Planner and Development Manager
P.O. Box 1230
415 N. Bozeman Ave
Bozeman, MT 59715
406-582-2908
ajadin@bozeman.net
Contractor’s Designated Representative:
Darren Gill, Executive Vice President
FieldTurf USA, Inc.
7445 Cote-de-Liesse, Suite 200
Montreal, QC H4T 1G2
DGill@fieldturf.com
ARTICLE 5 – CONTRACT DOCUMENTS
The Contract Documents consist of this Contract between Owner and Contractor,
Conditions of the Contract (General, Supplementary and other Conditions), Drawings,
Specifications, Scope of Services dated June 03, 2025, Addenda issued prior to execution of
the Contract, other documents listed in the Contract and Modifications issued after
execution of the Contract.
ARTICLE 6- CONTRACTOR’S WARRANTIES
Contractor will provide the Equipment, Products or Services as stated in the Scope of
Services, hereby incorporated into this contract. All Equipment and Products provided under
this Contract must be new and the current model.
Contractor Warrants all Equipment, Products and Services furnished are free from liens and
encumbrances, and are free from defects in design, materials, and workmanship.
Contractor warrants that all Equipment, Products and Services are suitable for and will
perform in accordance with the ordinary use for which they are intended.
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Contractor has familiarized itself with the nature and extent of the Contract Documents,
Work, the Work site, and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
Contractor has studied carefully all reports of investigations and tests of subsurface and
latent physical conditions at the site or otherwise affecting cost, progress or performance of
the Work.
Contractor has made or caused to be made examinations, and investigations as it deems
necessary for the performance of the Work at the contract price, within the contract time
and in accordance with the other terms and conditions of the Contract Documents, and no
additional examinations, investigations, tests, reports or similar data are or will be required
by Contractor for such purposes.
Contractor has correlated the results of all such observations, examinations, investigations,
tests, reports and data with the terms and conditions of the Contract Documents.
Contractor and its sureties are liable for the satisfaction and full performance of all
warranties.
ARTICLE 7- INSPECTION AND TESTING
Owner, and its agents, have the right to inspect and test any and all Work performed by
Contractor. Contractor shall allow Owner and its agents access to the Work at all times and
shall provide every reasonable facility for the purpose of such inspection and testing,
including temporarily discontinuing portions of the Work or uncovering or taking down
portions of the finished Work. Any inspection and testing performed by the Owner and its
agents is for the sole benefit of the Owner and shall not relieve the Contractor of its duty,
responsibility, and obligation to ensure that the Work strictly complies with the Contract
terms and conditions and all applicable laws and building and safety codes. Owner’s
inspection and testing shall not be deemed or considered acceptance by the Owner of any
portion of the Work. Owner’s inspection and testing shall not serve to nullify, amend, or
waive any warranties provided by the Contractor under this Contract.
Contractor shall, without charge, replace any material or correct any Work found by the
Owner or its agents to be defective or otherwise not in compliance with the terms and
conditions of this Contract. In the event Contractor fails to replace or correct any defective
work or materials after reasonable written notice by the Owner to do so, the Owner may take
such corrective action, either with its own materials and employees or by retaining any third
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party to do so, and deduct the cost and expense of such corrective action from the
Contractor’s compensation.
For the purposes of this Article 7, Owner’s agents may include Engineers or GC/CMs
contracted by Owner to work on this project.
ARTICLE 8- LOCATING UNDERGROUND FACILITIES
Contractor is responsible for obtaining and determining the location of any underground
facilities, including but not limited to, the location of any pipelines or utility supply, delivery,
or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code
Annotated (MCA). Contractor must make every effort to avoid damage to underground
facilities and is solely responsible for any damage that may occur. If Owner’s personnel
assume responsibility for locating any underground facilities, this fact will be noted in writing
prior to commencement of such location work.
ARTICLE 9- PERMITS
Contractor must provide all notices, comply with all applicable laws, ordinances, rules, and
regulations, obtain a City of Bozeman business license, pay all fees and charges in
connection therewith, and perform all surveys and locations necessary for the timely
completion of the Work. To the extent additional permits are needed, the City will obtain
those permits.
ARTICLE 10 – PREVAILING WAGE SCHEDULE
The Contractor and all subcontractors at any tier or level must, as a minimum, pay the
standard prevailing rate of wages schedule (including per diem, fringe benefits for health,
welfare, and pension contributions and travel allowance) in effect and as applicable to the
district in which the Work is being performed.
ARTICLE 11- INTOXICANTS
Contractor must not permit or suffer the introduction or use of any intoxicants, including
alcohol or illegal drugs, upon the site of the Work. Contractor acknowledges it is aware of
and will comply with its responsibilities and obligations under the U.S. Department of
Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans
and related testing. Owner must have the right to request proof of such compliance and
Contractor is obligated to furnish such proof.
The Contractor is responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor must provide
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continuous inspection and supervision of the work performed. The Contractor is
responsible for instructing its employees and agents in safe work practices.
ARTICLE 12- LABOR RELATIONS
In the event that, during the term of this Contract and throughout the course of Contractor’s
performance of the Work, any labor problems or disputes of any type arise or materialize
which in turn cause any work on the Work to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from Owner, to alleviate or resolve all such labor problems or disputes. The
specific steps Contractor takes to resume work on the Work will be left to the discretion of
Contractor; provided, however, that Contractor bears all costs of any related legal action.
Contractor must provide immediate relief to the Owner so as to permit the work on the Work
to resume and be completed within the time frames set forth in the Construction Schedule
at no additional cost to Owner.
Contractor shall indemnify, defend, and hold the Owner harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring in connection with any labor problems or disputes or any delays or stoppages of
work associated with such problems or disputes.
ARTICLE 13- SUBCONTRACTORS
Contractor may employ subcontractors for any part of the Work. Contractor must provide
Owner with a list of all subcontractors employed.
Contractor remains fully responsible for the acts and omissions of any subcontractor, just
as Contractor is for its own acts and omissions, and Contractor shall remain fully
responsible and liable for the timely completion of the Work.
Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold
all payments received from the Owner in trust for the benefit of subcontractors, and all such
payments shall be used to satisfy obligations of the Work before being used for any other
purpose. Contractor will make any payments due to any subcontractor within seven (7) days
of Contractor’s receipt of payment, including a proportional part of the retainage Contractor
has received from the Owner. In the event of a dispute regarding any subcontractor’s invoice,
Contractor must promptly pay the undisputed amount to the subcontractor and notify the
subcontractor in writing of the amount in dispute and the reasons for the dispute. Any
withholding of payment must comply with the requirements of §28-2-2103, MCA. In the
event Contractor is unwilling or unable to make timely and proper payment to any
subcontractor, Owner may elect to withhold any payment otherwise due to Contractor and
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upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint
payment.
ARTICLE 14- INDEBTEDNESS AND LIENS
Before Owner may make any final payment to Contractor, Contractor must furnish Owner
with satisfactory proof that there are no outstanding debts or liens in connection with the
Work. If the Contractor allows any indebtedness to accrue to subcontractors or others
during the progress of the work, and fails to pay or discharge the same within five (5) days
after demand, then Owner may either withhold any money due to Contractor until such
indebtedness is paid or apply the same towards the discharge of the indebtedness. If any
lien or claim is filed or made by any subcontractor, material supplier, or any other person,
the Contractor must immediately notify the Owner and shall cause the same to be
discharged of record within thirty (30) days after its filing.
ARTICLE 15- PERFORMANCE AND PAYMENT BONDS
The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the Owner
each in an amount equal to one-hundred Percent (100%) of the Contract amount.
ARTICLE 16- INDEMNIFICATION AND INSURANCE
Contractor agrees to release, defend, indemnify, and hold harmless the Owner, its agents,
representatives, employees, and officers (collectively referred to for purposes of this Section
as the Owner) from and against any and all claims, demands, actions, fees and costs
(including attorney’s fees and the costs and fees of and expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit
and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the Owner occasioned by,
growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless,
or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional
misconduct of any of the Contractor’s agents.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory
rights of the Owner as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by Owner.
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Should the Owner be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Contract or under the Contractor’s applicable
insurance policies required below the Owner shall be entitled to recover reasonable costs
and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the
claim(s) or was obligated to indemnify the Owner for a claim(s) or any portion(s) thereof.
In the event of an action filed against Owner resulting from the Owner’s performance under
this Contract, the Owner may elect to represent itself and incur all costs and expenses of
suit.
Contractor also waives any and all claims and recourse against the Owner, including the
right of contribution for loss or damage to person or property arising from, growing out of, or
in any way connected with or incident to the performance of this Contract except
“responsibility for [Owner’s] own fraud, for willful injury to the person or property of another,
or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Contract and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and
obligations specifically assumed by the Contractor in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by the Contractor in this
Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses,
and expenses that may be asserted or claimed against, recovered from, or suffered by the
Owner without limit and without regard to the cause therefore and which is acceptable to
the Owner and Contractor shall furnish to the Owner an accompanying certificate of
insurance and accompanying endorsements in amounts not less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $10,000,000 per occurrence;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate (all owned, hired, non-owned vehicles);
• Installation Floater/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the Owner in an amount
equal to greater of Contractor’s compensation or full replacement value of the work
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(covering at a minimum all work, materials and equipment, whether on site or in
transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake,
collapse, debris removal, demolition occasioned by enforcement of laws, water
damage, flood if site within a flood plain, repair or replacement costs, testing and
start-up costs) on an all risk coverage basis. This insurance must include waivers of
subrogation between the Owner and Contractor to the extent that damage to the
Work or City Hall is covered by other insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the Owner
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the Owner’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Contract for the Owner; and (ii) the Owner’s and Owner’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of the
work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity obligations
described in this Contract) - $1,000,000 per occurrence $2,000,000 aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman
shall be endorsed as an additional or named insured on a primary non-contributory basis on
both the Commercial General and Automobile Liability policies. The insurance and required
endorsements must be in a form suitable to Owner and shall include no less than a thirty
(30) day notice of cancellation or non-renewal. Contractor shall notify Owner within two (2)
business days of Contractor’s receipt of notice that any required insurance coverage will be
terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The Owner must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
ARTICLE 17- LIMITATION OF DAMAGES, TIME FOR ASSERTING CLAIM
In the event of a claim for damages by the Parties under this Contract, the Parties’ damages
shall be limited to contract damages and Contractor and Owner hereby expressly waive any
right to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature or kind.
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In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor
shall provide Owner with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the
claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the
event Contractor fails to provide such notice, Contractor shall waive all rights to assert such
claim.
ARTICLE 18 – GOVERNING LAW
In the event of any mediation or litigation concerning any matter or dispute arising out of or
related to the Contract, venue shall be the Eighteenth Judicial District in and Gallatin County,
Montana. The Contract shall be interpreted and subject to the laws of the State of Montana.
Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from
each party duly authorized to execute settlement Contracts. Upon mutual Contract of the
parties, the parties may invite an independent, disinterested mediator to assist in the
negotiated settlement discussions.
If the parties are unable to resolve the dispute within thirty (30) days from the date the
dispute was first raised, then such dispute shall be resolved in a court of competent
jurisdiction in compliance with this provision.
ARTICLE 19- OWNERSHIP OF DOCUMENTS
All plans, designs, drawings, specifications, documents, sample results and data, in
whatever medium or format, originated or prepared by or for Contractor in contemplation of,
or in the course of, or as a result of this Contract or work on the Work, shall be promptly
furnished to the Owner (“Owner Documents and Information”). All Owner Documents and
Information shall be the exclusive property of the Owner and shall be deemed to be works-
for-hire. Neither party grants to the other any express or implied licenses under any patents,
copyrights, trademarks, or other intellectual property rights, except to the extent necessary
to complete its obligations to the other under this Contract.
ARTICLE 20- ATTORNEY’S FEES AND COSTS
In the event it becomes necessary for either Party to retain an attorney to enforce any of the
terms or conditions of this Contract or to give any notice required herein, then the prevailing
Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs,
including fees, salary, and costs of in-house counsel including the City Attorney’s Office
staff.
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ARTICLE 21- SURVIVAL
Contractor’s indemnification and warranty obligations shall survive the termination or
expiration of this Contract for the maximum period allowed under applicable law.
ARTICLE 22- HEADINGS
The headings used in this Contract are for convenience only and are not to be construed as
a part of the Contract or as a limitation on the scope of the particular paragraphs to which
they refer.
ARTICLE 23- WAIVER
A waiver by Owner of any default or breach by Contractor of any covenants, terms, or
conditions of this Contract does not limit Owner’s right to enforce such covenants, terms, or
conditions or to pursue Owner’s rights in the event of any subsequent default or breach.
ARTICLE 24- SEVERABILITY
If any portion of this Contract is held to be void or unenforceable, the balance thereof shall
continue in effect.
ARTICLE 25- BINDING EFFECT
This Contract is binding upon and inures to the benefit of the heirs, legal representatives,
successors, and assigns of the parties.
ARTICLE 26- AMENDMENTS
This Contract may not be modified, amended, or changed in any respect except as outlined
in the General Conditions, or other Contract Documents.
ARTICLE 27- NO THIRD- PARTY BENEFICIARY
This Contract is for the exclusive benefit of the parties, does not constitute a third-party
beneficiary Contract, and may not be relied upon or enforced by a third party.
ARTICLE 28- COUNTERPARTS
This Contract may be executed in counterparts, which together constitute one instrument.
ARTICLE 29- ASSIGNMENT
Contractor may not assign this Contract in whole or in part without the prior written consent
of the Owner. No assignment will relieve Contractor of its responsibility for the performance
of the Contract and the completion of the Work. Contractor may not assign to any third party
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other than Contractor’s subcontractors on the Work, the right to receive monies due from
Owner without the prior written consent of Owner.
ARTICLE 30- AUTHORITY
Each party represents that it has full power and authority to enter into and perform this
Contract and the person signing this Contract on behalf of each party has been properly
authorized and empowered to sign this Contract.
ARTICLE 31- INDEPENDENT CONTRACTOR
The parties agree and acknowledge that in the performance of this Contract and the
completion of the Work, Contractor shall render services as an independent contractor and
not as the agent, representative, subcontractor, or employee of the Owner. The parties
further agree that all individuals and companies retained by Contractor at all times will be
considered the agents, employees, or independent contractors of Contractor and at no time
will they be the employees, agents, or representatives of the Owner.
ARTICLE 32- INTEGRATION
This Contract and all Contract Documents constitute the entire Contract of the parties.
Covenants or representations not contained therein or made a part thereof by reference, are
not binding upon the parties. There are no understandings between the parties other than
as set forth in this Contract. All communications, either verbal or written, made prior to the
date of this Contract are hereby abrogated and withdrawn unless specifically made a part of
this Contract by reference.
ARTICLE 33- CONSENT TO ELECTRONIC SIGNATURES
The Parties have consented to execute this Contract electronically in conformance with the
Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA.
**** END OF CONTRACT EXCEPT FOR SIGNATURES ****
EXECUTION OF THIS CONTRACT
This Contract is entered into as of the day and year first written above:
CONTRACTOR: OWNER:
FieldTurf USA, Inc. CITY OF BOZEMAN
By: ________________________________ By:_____________________________
Darren Gill, Executive Vice President Chuck Winn, Interim City Manager
October 06, 2025
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GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
Bozeman Sports Park Field 13
1. ARTICLE 1 – GENERAL PROVISIONS
1.1. BASIC DEFINITIONS
1.1.1. CONTRACT DOCUMENTS. The Contract Documents consist of the Contract between Owner
and Contractor (hereinafter the “Contract”), Conditions of the Contract (General, Supplementary and
other Conditions), Drawings, Specifications, Addenda issued prior to execution of the Contract, other
documents listed in the Contract and Modifications issued after execution of the Contract. A Modification
is: (a) a written amendment to the Contract signed by both parties; (b) a Change Order; or (c) a
Construction Change Directive. In the event of a conflict, discrepancy, contradiction, or inconsistency
within the Contract Documents and for the resolution of same, the following order of hierarchy and control
shall apply and prevail:
1)Contract; 2) Addenda including Scope of Services; 3) Supplementary General Conditions, if
any; 4) General Conditions of the Contract for Construction; 5) Specifications; 6) Drawings
1.1.1.1. If a conflict, discrepancy, contradiction, or inconsistency occurs within or between the
Specifications and the Drawings, resolution shall be controlled by the following:
1.1.1.1.1. As between figures, dimensions, or numbers given on drawings and any scaled
measurements, the figures, dimensions, or numbers shall govern;
1.1.1.1.2. As between large scale drawings and small scale drawings, the larger scale
drawings shall govern;
1.1.1.1.3. As between the technical specifications and drawings; the technical specifications shall
govern.
1.1.1.1.4. Shop Drawings and Submittals: Shop drawings and other submittals from the
Contractor, subcontractors, or suppliers do not constitute a part of the Contract Documents.
1.1.1.2. The Contractor acknowledges, understands and agrees that the Contract Documents cannot be
changed except as provided herein by the terms of the Contract. No act(s), action(s), omission(s), or
course of dealing(s) by the Owner with the Contractor shall alter the requirements of the Contract
Documents and that alteration can be accomplished only through a written Modification process defined
herein.
1.1.2. THE DRAWINGS. The Drawings are the graphic and pictorial portions of the Contract Documents
showing the design, intent, location, and dimensions of the Work, generally including plans, elevations,
sections, details, schedules and diagrams.
1.1.3. THE SPECIFICATIONS. The Specifications are that portion of the Contract Documents consisting
of the written requirements for materials, equipment, systems, standards and workmanship for the Work,
and performance of related services.
1.1.4. THE CONTRACT. The entire Contract for Construction is formed by the Contract Documents.
The Contract represents the entire, complete, and integrated agreement between the Owner and
Contract hereto and supersedes prior negotiations, representations or agreements, either written or oral.
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The Contract may be amended or modified only by a Modification. The Contract Documents shall not be
construed to create a contractual relationship of any kind between: (a) the Owner and any Subcontractor,
Sub-subcontractor, or Supplier; or (b) between any persons or entities other than the Owner and
Contractor.
1.1.5. THE WORK. The term “Work” means the construction and services required by the Contract
Documents, whether completed or partially completed, and includes all other labor, materials, equipment
and services provided or to be provided by the Contractor to completely fulfill the Contract and the
Contractor's obligations. The Work may constitute the whole or a part of the Project. Specifically, for this
Project, the Work includes the purchase and installation of an artificial turf field.
1.1.6. THE PROJECT. The Project is the total construction of which the Work performed under the
Contract Documents may be the whole or a part and which may include construction by separate
contractors.
1.1.7. NOTICE TO PROCEED. The term Notice to Proceed means formal written notice to begin
performing specific services or acts including Construction Phase services or any other enumerated
service or act set forth in the Contract. The Contract Time will commence to run on the day indicated in
the Notice to Proceed.
1.1.8. SITE. The term Site refers to that portion of the property on which the Work is to be performed or
which has been otherwise set aside for use by the Contractor.
1.1.9. PUNCH LIST. The term Punch List means, collectively, unfinished items of the construction of
the Project, which unfinished items of construction are minor or insubstantial details of construction,
mechanical adjustment or decoration remaining to be performed, the non-completion of which would not
materially affect the use of the Project, and which are capable of being completed within thirty (30) days
of Substantial Completion, subject to the availability of special order parts and materials. By mutual
agreement of the Parties, the Punch List may also include other unfinished items that are not capable of
being completed within thirty (30) days of Substantial Completion due to environmental conditions beyond
the reasonable control of Contractor.
1.2. CORRELATION, INTER-RELATIONSHIP, AND INTENT OF THE CONTRACT DOCUMENTS
1.2.1. The intent of the Contract Documents is to include all items and all effort necessary for the proper
execution and completion of the Work by the Contractor. The Contract Documents are complementary
and inter-related, and what is required by one shall be as binding as if required by all. Performance by the
Contractor shall be required to the extent consistent with the Contract Documents and reasonably
inferable from them as being necessary to produce the indicated results.
1.2.2. Organization of the Specifications into divisions, sections and articles, and arrangement of
Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing
the extent of Work to be performed by any trade. It is the Contractor’s responsibility to control the Work
under the Contract.
1.2.3. Unless otherwise stated in the Contract Documents, words which have well-known technical or
construction industry meanings are used in the Contract Documents in accordance with such recognized
meanings.
1.3. CAPITALIZATION
1.3.1. Terms capitalized in these General Conditions include those which are: (a) specifically defined;
and, (b) the titles of numbered articles and identified references to Paragraphs, Subparagraphs and
Clauses in the document.
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1.4. INTERPRETATION
1.4.1. In the interest of brevity the Contract Documents frequently omit modifying words such as "all"
and "any" and articles such as "the" and "an," but the fact that a modifier or an article is absent from one
statement and appears in another is not intended to affect the interpretation of either statement.
1.5. EXECUTION OF THE CONTRACT AND CONTRACT DOCUMENTS
1.5.1. The Contract shall be signed by the Owner and Contractor. Execution of the Contract by the
Contractor constitutes the complete and irrevocable binding of the Contractor and his Surety to the Owner
for complete performance of the Work and fulfillment of all obligations. By execution of the Contract, the
Contractor acknowledges that it has reviewed and familiarized itself with all aspects of the Contract
Documents and agrees to be bound by the terms and conditions contained therein.
1.5.2. Execution of the Contract by the Contractor is a representation that the Contractor has visited the
site, become generally familiar with local conditions under which the Work is to be performed, and
correlated personal observations with requirements of the Contract Documents.
1.5.3. The Contractor acknowledges that it has taken all reasonable actions necessary to ascertain the
nature and location of the work, and that it has investigated and satisfied itself as to the general and local
conditions which can affect the work or its cost, including but not limited to: (1) conditions bearing upon
transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, gas, electric
power, phone service, and roads; (3) uncertainties of weather, river stages, tides, or similar physical
conditions at the site; (4) the conformation, topography, and conditions of the ground; and, (5) the
character of equipment and facilities needed for performance of the Work. The Contractor also
acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and
subsurface materials or obstacles to be encountered insofar as this information is reasonably
ascertainable from an inspection of the site, including any exploratory geotechnical work, as well as from
the drawings and specifications made a part of this contract. Any failure of the Contractor to take the
action described and acknowledged in this paragraph will not relieve the Contractor from responsibility for
properly ascertaining and estimating the difficulty and cost of successfully performing the Work or for
proceeding to successfully perform the Work without additional expense to the Owner.
1.5.4. The Owner assumes no responsibility for any conclusions or interpretations made by the
Contractor based on the information made available by the Owner, nor does the Owner assume
responsibility for any understanding reached or representation made by any of its officers, agents, or
employees concerning conditions which can affect the Work unless that understanding or representation
is expressly stated in the Contract Documents.
1.5.4.1. Performance of any portion of the Work, beyond that required for complying with the
specifications and all other requirements of the Contract, shall be deemed to be for the
convenience of the Contractor and shall be at the Contractor's sole expense.
1.5.4.2. There shall be no increase in the contract price or time allowed for performance which is
for the convenience of the Contractor.
2. ARTICLE 2 – THE OWNER
2.1. THE CITY OF BOZEMAN
2.1.1. The Owner is the City of Bozeman and is the sole entity to be identified as Owner in the Contract
and as referred to throughout the Contract Documents as if singular in number. The Owner shall
designate in writing a representative who shall have express authority to bind the Owner with respect to
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all matters requiring the Owner’s approval or authorization. The term “Owner” means the Owner or the
Owner’s authorized representative.
2.1.2. The observations and participations of the Owner or its authorized representative do not alleviate
any responsibility on the part of the Contractor. The Owner reserves the right to observe the work and
make comment. Any action or lack of action by the Owner shall not be construed as approval of the
Contractor's performance.
2.1.3. The Owner reserves the right to require the Contractor, all sub-contractors and material suppliers
to provide lien releases at any time. The Owner reserves the right to withhold progress payments until
such lien releases are received for all work for which prior progress payments have been made. Upon the
Owner’s demand for lien releases (either verbally or written), the Contractor, all sub-contractors and
material suppliers shall provide such releases with every subsequent application for payment through
Final Acceptance of the Project.
2.1.4. Except for permits and fees, including those required under Subparagraph 3.7.1, which are the
responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for
necessary approvals, easements, assessments and charges required for construction, use or occupancy
of permanent structures or for permanent changes in existing facilities.
2.1.5. Information or services required of the Owner by the Contract Documents shall be furnished by
the Owner with reasonable promptness. Any other information or services relevant to the Contractor's
performance of the Work under the Owner’s control shall be furnished by the Owner after receipt from the
Contractor of a written request for such information or services.
2.1.6. Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of
charge, such copies of Drawings and Specifications as are reasonably necessary for execution of the
Work.
2.1.7. Whenever the Contractor is required under the Contract to indemnify the Owner, “Owner” shall
mean the City of Bozeman and the City of Bozeman’s officers, elected officials, employees, and agents.
2.1.8. Owner has entered into separate agreements for engineering services and general contracting or
construction management services for this Work. Any references to Engineer or GC/CM shall refer to the
entity hired by Owner to perform these services.
2.2. OWNER’S RIGHT TO STOP WORK
2.2.1. If the Contractor fails to correct Work which is not in accordance with the requirements of the
Contract Documents as required by Paragraph 12 or persistently fails to carry out Work in accordance
with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or
any portion thereof, until the cause for such order has been eliminated. However, the right of the Owner to
stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of
the Contractor or any other person or entity. The issuance of a stop work order by the Owner as a result
of Contractor’s failure to correct non-conforming work, shall not give rise to a claim by the Contractor or
any subcontractor for additional cost, time, or other adjustment.
2.3. OWNER’S RIGHT TO CARRY OUT THE WORK
2.3.1. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract
Documents and fails within a seven-day period after receipt of written notice from the Owner to
commence and continue correction of such default or neglect with diligence and promptness, the Owner
may after such seven-day period give the Contractor a second written notice to correct such deficiencies
within a three- day period. If the Contractor within such three-day period after receipt of such second
notice fails to commence and continue to correct any deficiencies, the Owner may, without prejudice to
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other remedies the Owner may have, correct such deficiencies. In such case an appropriate Change
Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost
of correcting such deficiencies, including Owner's expenses and increased costs made necessary by
such default, neglect, or failure. If payments then or thereafter due the Contractor are not sufficient to
cover such amounts, the Contractor shall pay the difference to the Owner.
2.4. OWNER’S RIGHT TO PERSONNEL
2.4.1. The Owner reserves the right to have the Contractor and/or subcontractors remove person(s)
and/or personnel from any and all work on the project with cause but without cost to the Owner. Such
requests from the Owner may be made verbally or in writing directly with the Contractor. Cause may be,
but not limited to, any of the following: incompetence, poor workmanship, poor scheduling abilities, poor
coordination, disruption to the facility or others, poor management, causes delay or delays, disruption of
the Project, will not strictly adhere to facility procedures and Project requirements either knowingly or
unknowingly, insubordination, drug/alcohol use, possession of contraband, belligerent acts or actions, etc.
The Contractor shall provide replacement person(s) and/or personnel acceptable to the Owner at no cost
to the Owner.
2.4.2. Any issue or circumstance relating to or resulting out of this clause shall not be construed or
interpreted to be interference with or impacting upon the Contractor’s responsibilities and liabilities under
the Contract Documents.
2.4.3. Person(s) and/or personnel who do not perform in accordance with the Contract Documents,
shall be deemed to have provided the Owner with cause to have such persons removed from any and all
involvement in the Work.
2.4.4. The Contractor agrees to defend, indemnify and hold harmless the Owner from any and all
causes of action, demands, claims, damages, awards, attorneys’ fees, and other costs brought against
the Owner by any and all person(s) or personnel as a result of actions under this clause.
3. ARTICLE 3 – THE CONTRACTOR
3.1. GENERAL
3.1.1. The Contractor is FieldTurf USA, Inc, identified as such in the Contract and is referred to
throughout the Contract Documents as if singular in number. The term “Contractor” means the Contractor
or the Contractor's authorized representative.
3.1.2. Construction Contractor Registration: The Contractor is required to be registered with the
Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the Contract being
executed by the Owner. Contractor must demonstrate that it has registered or promises that it will register
immediately upon notice of award and prior to the commencement of any work. The Owner will not
execute a contract for construction nor issue a Notice to Proceed to a Contractor who is not registered
per 39-9-401(a) MCA. It is solely the Contractor’s responsibility to ensure that all Subcontractors are
registered in accordance with Title 39, Chapter 9, MCA.
3.1.3. The Owner’s engagement of the Contractor is based upon the Contractor’s representations that
it:
3.1.3.1. has the requisite skills, judgment, capacity, expertise, and financial ability to perform the
Work;
3.1.3.2. is experienced in the type of labor and services the Owner is engaging the Contractor to
perform;
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3.1.3.3. is authorized, licensed and registered to perform the type of labor and services for which
it is being engaged in the State and locality in which the Project is located;
3.1.3.4. is qualified, willing and able to perform the labor and services for the Project in the
manner and scope defined in the Contract Documents; and,
3.1.3.5. has the expertise and ability to provide labor and services that will meet the Owner’s
objectives, intent and requirements, and will comply with the requirements of all governmental,
public, and quasi-public authorities and agencies having or asserting jurisdiction over the Project.
3.1.4. The Contractor shall perform the Work in accordance with the Contract Documents, including the
Scope of Services. Contractor agrees to attend a pre-construction conference with Owner, Engineer and
GC/CM to discuss execution of the Scope of Services.
3.1.5. The Contractor shall not be relieved of obligations to perform the Work in accordance with the
Contract Documents either by activities or duties of the Owner in the Owner's administration of the
Contract, or by tests, inspections or approvals required or performed by persons other than the
Contractor.
3.1.6. Quality Control (i.e. ensuring compliance with the Contract Documents) and Quality Assurance
(i.e. confirming compliance with the Contract Documents) are the responsibility of the Contractor. Testing,
observations, and/or inspections performed or provided by the Owner are solely for the Owner’s own
purposes and are for the benefit of the Owner. The Owner is not liable or responsible in any form or
fashion to the Contractor regarding quality assurance or extent of such assurances. The Contractor shall
not, under any circumstances, rely upon the Owner’s testing or inspections as a substitute or in lieu of its
own Quality Control or Assurance programs.
3.1.7. Contractor recognizes that Owner has entered into separate contracts with professionals for
engineering and construction management services related to the Work. Contractor agrees to
communicate and coordinate with Engineer and GC/CM for the mutual benefit of completing the Work.
3.2. REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR
3.2.1. Since the Contract Documents are complementary and inter-related, before starting each portion
of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract
Documents relative to that portion of the Work, shall take field measurements of any existing conditions
related to that portion of the Work and shall observe any conditions affecting the Work. These obligations
are for the purpose of facilitating construction by the Contractor and are not for the purpose of discovering
errors, omissions, or inconsistencies in the Contract Documents. However, any errors, inconsistencies or
omissions discovered by the Contractor shall be reported promptly to the Owner.
3.2.2. If the Contractor believes that additional cost or time is involved because of clarifications or
instructions issued by the Owner in response to the Contractor's notices or requests for information
pursuant to Subparagraph 3.2.1, the Contractor shall make Claims as provided in Paragraph 4.3. If the
Contractor fails to perform the obligations of Subparagraph 3.2.1, the Contractor shall pay such costs and
damages to the Owner as would have been avoided if the Contractor had performed such obligations.
3.2.3. Except as otherwise expressly provided in this Contract, the Contractor assumes all risks,
liabilities, costs, and consequences of performing any effort or work in accordance with any written or oral
order (including but not limited to direction, instruction, interpretation, or determination) of a person not
authorized in writing by the Owner to issue such an order.
3.2.4. Sufficiency of Contract Documents: The Contractor certifies, warrants and guarantees that it has
received, carefully reviewed, and evaluated all aspects of the Contract Documents and agrees that said
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Documents are adequate, consistent, coordinated, and sufficient for constructing the Work requested,
intended, conceived, and contemplated therein.
3.2.4.1 The Contractor further acknowledges its continuing duty to review and evaluate the
Contract Documents during the performance of its services and shall immediately notify the
Owner, Engineer or GC/CM of any problems, conflicts, defects, deficiencies, inconsistencies,
errors, or omissions it discovers in the Contract Documents and the Work to be constructed; and,
any variances it discovers between the Contract Documents and applicable laws, statutes,
building codes, rules or regulations.
3.2.4.2 If the Contractor performs any Work which it knows or should have known due to its
experience, ability, qualifications, and expertise in the construction industry, that involves
problems, conflicts, defects, deficiencies, inconsistencies, errors, or omissions in the Contract
Documents and the Work to be constructed and, any variances between the Contract Documents
and applicable laws, statutes, building codes, rules or regulations, without prior written notification
to the Owner and without prior authorization to proceed from the Owner, the Contractor shall be
responsible for and bear the costs and delays (including costs of any delay) of performing such
Work.
3.2.4.3 Any and all claims resulting from the Contractor’s failure, including those of any
subcontractor or supplier, to carefully review, evaluate, and become familiar with all aspects of the
Contract Documents shall be deemed void and waived by the Contractor.
3.2.5. Sufficiency of Site Conditions: The Contractor certifies, warrants and guarantees that it has
visited, carefully reviewed, evaluated, and become familiar with all aspects of the site and local conditions
at which the Project is to be constructed. The Contractor agrees that the Contract Documents are
adequate, consistent, coordinated, and sufficient representation of the site and local conditions for the
Work.
3.2.5.1 The Contractor certifies it has reviewed and become familiar with all aspects of the
Environmental Assessments, the Site Survey and Geotechnical Report for the Project and has a
full understanding of the information provided therein, prior to executing the Contract.
3.2.5.2 If the Work involves modifications, renovations, or remodeling of an existing structure(s)
or other man-made feature(s), the Contractor certifies, warrants and guarantees that it has
reviewed, evaluated, and become familiar with all available as-built and record drawings, plans
and specifications, and has thoroughly inspected and become familiar with the structure(s) or
man-made feature(s).
3.2.5.3 Any and all claims resulting from the Contractor’s failure, including those of any
subcontractor or supplier, to visit, carefully review, evaluate, and become familiar with all aspects
of the Site, available geotechnical information, and local conditions at which the Project is to be
constructed shall be deemed void and waived by the Contractor.
3.3. SUPERVISION AND CONSTRUCTION PROCEDURES
3.3.1. The Contractor shall supervise and direct the Work using the Contractor's best skill and attention
recognizing that time and quality are of the essence of the Work. The Contractor shall be solely
responsible for and have control over construction means, methods, techniques, sequences and
procedures and for coordinating all portions of the Work under the Contract, unless the Contract
Documents give other specific instructions concerning these matters. It is the responsibility of and
incumbent upon the Contractor to ensure, confirm, coordinate, inspect and oversee all Work (which is
inclusive of but not limited to all submittals, change orders, schedules, workmanship, and appropriate
staffing with enough competent and qualified personnel) so that the Work is not impacted in terms of any
delays, costs, damages, or additional time, or effort on the Owner. If the Contract Documents give specific
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instructions concerning construction means, methods, techniques, sequences or procedures, the
Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely
responsible for the jobsite safety of such means, methods, techniques, sequences or procedures. If the
Contractor determines that such means, methods, techniques, sequences or procedures may not be
safe, the Contractor shall give timely written notice to the Owner and shall not proceed with that portion of
the Work without further written instructions from the Owner. If the Contractor is then instructed to
proceed with the required means, methods, techniques, sequences or procedures without acceptance of
changes proposed by the Contractor, the Owner shall be solely responsible for any resulting loss or
damage. The Contractor shall: review any specified construction or installation procedure; advise the
Owner if the specified procedure deviates from good construction practice; advise the Owner if following
the procedure will affect any warranties, including the Contractor's general warranty, or of any objections
the Contractor may have to the procedure and shall propose any alternative procedure which the
Contractor will warrant and guarantee.
3.3.2. The Contractor shall furnish management, supervision, coordination, labor and services that: (1)
expeditiously, economically, and properly completes the Work; (2) comply with all requirements of the
Contract Documents; and, (3) are performed in a quality workmanlike manner and in accordance with the
standards currently practiced by persons and entities performing or providing comparable management,
supervision, labor and services on projects of similar size, complexity, cost, and nature to this Project.
However, the standards currently practiced within the construction industry shall not relieve the Contractor
of the responsibility to perform the Work to the level of quality, detail, and excellence defined and intended
by the Contract Documents as interpreted by the Owner.
3.3.3. All services and labor rendered by the Contractor, including any subcontractors or suppliers, shall
be performed under the immediate supervision at the site of persons possessing expertise and the
requisite knowledge in the discipline or trade of service being rendered. The Contractor shall maintain
such supervision and personnel at all times that the Contractor’s personnel, subcontractors, and/or
suppliers are at the site. The Contractor shall never be absent from the site during performance of any
portion of the Work by any entity under the supervision and direction of the Contractor. Full time
attendance by the Contractor from Notice to Proceed through Final Acceptance is an explicit requirement
of this Contract.
3.3.4. The Contractor shall be responsible to the Owner for acts, damages, errors, and omissions of the
Contractor's employees, subcontractors and their agents and employees, and other persons or entities
performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors.
3.3.5. The Contractor shall be responsible for inspection of portions of Work already performed to
determine that such portions are in proper condition to receive subsequent Work.
3.4. LABOR, WAGES, AND MATERIALS
3.4.1. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for
labor, materials, permits, licenses, goods, products, equipment, tools, construction equipment and
machinery, water, heat, all utilities, transportation, and other facilities and services necessary for proper
execution and completion of the Work in accordance with the Contract Documents, whether temporary or
permanent and whether or not incorporated or to be incorporated in the Work.
3.4.2. The Contractor may make substitutions only with the consent of the Owner in accordance with a
Change Order. This opportunity to request substitutions does not negate or waive any requirement for the
Contractor to follow any “prior approval” requirement nor obligate the Owner to approve any substitution
request.
3.4.3. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks
assigned to them.
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3.4.4 Prevailing Wages and Montana Residents.
3.4.4.1. The Contractor and all subcontractors at any level or tier of the Work shall give
preference to the employment of bona fide Montana residents in the performance of the Work
and shall pay the standard prevailing rate of wages, including fringe benefits for health and
welfare and pension contributions and travel allowance provisions in effect and applicable to the
county or locality in which the work is being performed. (18-2-403, MCA)
3.4.4.2. The Commissioner of The Montana Department of Labor and Industry (DOLI) has
established the standard prevailing rate of wages in accordance with 18-2-401 and 18-2-402,
MCA. Contractor shall utilize the "State of Montana, Prevailing Wage Rates" in effect at the time
of execution of the Contract. The Commissioner of the Montana DOLI has established the
resident requirements in accordance with 18-2-409, MCA. The Contractor and all subcontractors
at any level or tier of the Work shall direct any and all questions concerning prevailing wage and
Montana resident issues for all aspects of the Work to DOLI.
3.4.4.3. The Contractor and all subcontractors at any tier or level of the Work, and as determined
by the Montana DOLI, shall classify all workers in the project in accordance with the State of
Montana, Prevailing Wage Rates. In the event the Contractor is unable to classify a worker in
accordance with these rates he shall contact DOLI for a determination of the classification and
the prevailing wage rate to be paid.
3.4.4.4. The Contractor and all subcontractors at any tier or level of the Work shall be responsible
for obtaining wage rates for all workers prior to their performing any work on the project. The
Contractor is required to pay and insure that its subcontractors at any tier or level and others also
pay the prevailing wage determined by the DOLI, insofar as required by Title 18 of the MCA and
the pertinent rules and standards of DOLI.
3.4.4.5. It is not the responsibility of the Owner to determine who classifies as a subcontractor,
sub- subcontractor, material man, supplier, or any other person involved in any aspect of the
Work at any tier or level. All such determinations shall be the sole responsibility of the Contractor,
subcontractors, sub-subcontractors, material men, suppliers and others involved in the project at
any tier or level. The Contractor, subcontractors, sub-subcontractors, material men, suppliers and
others involved in the project shall defend, indemnify and hold harmless the Owner from all
claims, attorneys’ fees, damages and/or awards involving prevailing wage or Montana resident
issues. Any changes to wages or penalties for failure to pay the correct wages will be the sole
responsibility of the Contractor and/or his subcontractors and no further charges or claims shall
be made to the Owner. If the parties mutually agree or an arbitrator or court determines that any
change in wages is due and any part is attributable to the Owner, the Owner's sole liability shall
be for the amount of wages ordered only and not for other expenses, charges, penalties,
overhead, profit or other mark-ups.
3.4.4.6. In accordance with 18-2-422(1) MCA, each job classification’s standard prevailing wage
rate, including fringe benefits, that the contractors and employers shall pay during construction of
the project is included herein by both reference to DOLI’s “Building” or ‘Heavy/Highway”
schedules, as applicable to the project, and as part of these Contract Documents.
3.4.4.7. The Contractor and every employer, including all subcontractors at any tier or level, is
required by 18-2-422(2) MCA to maintain payroll records in a manner readily capable of being
certified for submission under 18-2-423 MCA, for a period of not less than 3 years after the
contractor's, subcontractor’s, or employer's completion of work on the project or the Final
Acceptance by the Owner, whichever is later.
3.4.4.8. Each contractor is required by 18-2-422(3) MCA to post in a visible and accessible
location a statement of all wages and fringe benefits in compliance with 18-2-423.
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3.5. WARRANTY AND GUARANTEE
3.5.1. The Contractor warrants to the Owner that materials and equipment furnished under the Contract,
including the artificial turf field, will be new and of good quality unless otherwise required or permitted by
the Contract Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work not
conforming to these requirements, including substitutions not properly approved and authorized, may be
considered defective and rejected. The Contractor's warranty excludes remedy for damage or defect
caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance,
improper operation, or normal wear and tear and normal usage. The Contractor shall furnish satisfactory
evidence as to the kind and quality of materials and equipment.
3.5.2. The Contractor shall and does hereby warrant and guarantee all work, workmanship, and
materials for the full warranty period as specified in the Contract Documents. The warranty period shall be
defined as commencing with Substantial Completion (or with each Substantial Completion if there is more
than one) of the Project, or any portion thereof, and continuing for one (1) calendar year from the date of
Substantial Completion.
3.5.3. Intentionally Omitted
3.5.4. Manufacturer and product warranties and guarantees, as provided by the manufacturer or as
specified in the Contract Documents, are in addition to the Contractor’s warranty.
3.6. TAXES
3.6.1. The Contractor is responsible for and shall pay all sales, consumer, use, and similar taxes for the
Work provided by the Contractor which are legally enacted when negotiations concluded, whether or not
yet effective or merely scheduled to go into effect.
3.6.2. In compliance with 15-50-206 MCA, the Contractor will have 1% of his gross receipts withheld by
the Owner from all payments due and sent to the Montana Department of Revenue. Each subcontractor
who performs work greater than $5,000 shall have 1% of its gross receipts withheld by the Contractor and
sent to the Montana Department of Revenue. The Contractor shall notify the Department of Revenue on
the Department’s prescribed form.
3.7. PERMITS, FEES, AND NOTICES
3.7.1. Unless otherwise provided in the Contract Documents, the Owner shall secure and pay for the
building permit and other permits and governmental fees, licenses and inspections necessary for proper
execution and completion of the Work which are customarily secured after execution of the Contract,
including but not limited to, the building permit fee, sewer connection fee, and any required impact fees
and which are legally required when negotiations concluded.
3.7.2. The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations
and lawful orders of public authorities applicable to performance of the Work.
3.7.3. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building
codes, and rules and regulations, and does so without providing notice to the Owner, the Contractor shall
assume responsibility for such Work and shall bear the costs attributable to correction. The Contractor
shall be solely responsible to insure that all work it performs is in full compliance with all prevailing and
applicable codes and regulations.
3.7.4. If the Contractor encounters conditions at the Site that are (a) subsurface or otherwise concealed
physical conditions that differ materially from those indicated in the Contract Documents or (2) unknown
physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and
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generally recognized as inherent in construction activities of the character provided for in the Contract
Documents, the Contractor shall promptly provide written notice to the Owner, Engineer and GC/CM,
before conditions are disturbed and in no event later than seven days after first observance of the
conditions. The Owner will promptly investigate such conditions and, if the Owner determines that they
differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for,
performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or
Contract Time, or both. If the Owner determines that the conditions at the Site are not materially different
from those indicated in the Contract Documents and that no change in the terms of the Contract is
justified, the Owner shall promptly notify the Contractor in writing, stating the reasons.
3.7.5. If, in the course of the Work, the Contractor encounters human remains or recognizes the
existence of burial markers, archaeological sites or wetlands not indicated in the Contract Documents, the
Contractor shall immediately suspend any operations that would affect them and shall notify the Owner,
Engineer and GC/CM. Upon receipt of such notice, the Owner shall promptly take any action necessary
to obtain governmental authorization required to resume the operations. The Contractor shall continue to
suspend such operations until otherwise instructed by the Owner but shall continue with all other
operations that do not affect those remains or features. Requests for adjustments in the Contract Sum
and Contract Time arising from the existence of such remains or features may be made as provided in
Section 4.2.
3.8. ALLOWANCES
3.8.1. The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents. Items covered by allowances shall be supplied for such amounts and by such persons or
entities as the Owner may direct.
3.8.2. Unless otherwise provided in the Contract Documents:
3.8.2.1. Allowances shall cover the cost to the Contractor of labor, materials and equipment
delivered at the site and all required taxes, less applicable trade discounts;
3.8.2.2. Contractor's costs for overhead, profit for stated allowance amounts shall be included by
the Contractor in the Contract Sum but not in the allowances;
3.8.2.3. Whenever costs are more than stated Owner allowances, the Contract Sum may be
adjusted accordingly by Change Order if there is change in the scope of the Project after
submission of the pricing. The Contractor shall be responsible for documenting and informing the
Owner, Engineer and GC/CM of any changes in the scope of the Project. If costs are less than
stated Owner allowances, the Contract Sum shall be adjusted accordingly by Change Order. If
there is a change in scope of the Project, the amount of the Change Order shall reflect the
difference between actual costs and the allowances under Clause 3.8.2.1.
3.8.3. Materials and equipment under an allowance shall be selected by the Owner.
3.8.4. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
3.9. CONTRACTOR’S PERSONNEL
3.9.1. The Contractor shall employ competent personnel, supervisors, project managers, project
engineers, project superintendent, and all others who shall be assigned to the Work throughout its
duration. All personnel assigned by the Contractor to the Work shall possess the requisite experience,
skills, abilities, knowledge, and integrity to perform the Work.
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3.9.2. The Contractor agrees that the employees shall be fully and completely engaged to the extent
stipulated, for the duration of the Project, except for catastrophic events including but not limited to
termination of employment, illness, accident, or death.
3.9.3. The superintendent and others as assigned shall be in attendance at the Project site during the
performance of any and all Work. The superintendent shall represent the Contractor. All communications
given to the Contractor’s personnel such as the project manager or the superintendent, whether verbal,
electronic or written, shall be as binding as if given to the Contractor.
3.9.4. It is the Contractor’s responsibility to appropriately staff, manage, supervise and direct the Work
which is inclusive of the performance, acts, and actions of his personnel and subcontractors. As such, the
Contractor further agrees to indemnify and hold harmless the Owner, and to protect and defend Owner
from and against all claims, attorneys’ fees, demands, causes of action of any kind or character, including
the cost of defense thereof, arising in favor of or against the Owner, Contractor, their agents, employees,
or any third parties on account of the performance, behavior, acts or actions of the Contractor’s personnel
or subcontractors.
3.9.5. Prior to the commencement of any work, the Contractor shall prepare and submit a personnel
listing and organizational chart in a format acceptable to the Owner which lists by name, phone number
(including cell phone), job category, and responsibility the Contractor’s key/primary personnel who will
work on the Project. The Contractor shall promptly inform the Owner in writing of any proposed
replacements, the reasons therefore, and the name and qualifications of any proposed replacements. The
Owner shall have the right to reject any proposed replacements without cost or claim being made by the
Contractor. The chart shall be provided to the Owner, Engineer and GC/CM at the time of the pre-
construction conference.
3.10. CONSTRUCTION SCHEDULES
3.10.1. The Contractor shall, promptly after being provided the Notice to Proceed with construction,
prepare and submit for the Owner's information a Contractor's construction schedule for the Work. The
schedule shall not exceed time limits current under the Contract Documents, shall be revised at
appropriate intervals as required by the conditions of the Work and per the requirements of the Contract
Documents, shall be related to the entire Project to the extent required by the Contract Documents, and
shall provide for expeditious and practicable execution of the Work. The Contractor’s schedule shall be in
the “Critical Path Method” and shall show the Critical Path of the Work in sufficient detail to evaluate the
Contractor’s progress. A request for time extension by the Contractor will not be allowed unless a change
in the Work is approved by the Owner and materially affects the Critical Path. It is the Contractor’s
responsibility to demonstrate that any time extensions requests materially affect the Critical Path.
3.10.2. The Contractor shall prepare and keep current a schedule of submittals which is coordinated with
the Contractor's Construction Schedule and allows the Owner reasonable time to review submittals.
3.10.3. The Contractor shall perform the Work in accordance with the most recent schedule submitted to
the Owner.
3.10.4. The Contractor's operations (including but not limited to the Contractor's forces employed,
sequences of operations, and methods of operation) at all times during the performance of the contract
shall be sufficient to insure the completion of the Work within the specified performance period.
3.10.5. The Critical Path Method Construction Schedule prepared by the Contractor must be in a form
that is acceptable to the Owner.
3.10.5.1. The Schedule shall show the estimated progress of the entire Project through the
individual time periods allowed for completion of each discipline, trade, phase, section, and
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aspect of the Work. The Contractor shall provide written reports of all logic and resource loading
data with the Schedule and with all updates to the Schedule.
3.10.5.2. The Schedule shall show percent complete, progress to date, project work, and
projected time to complete the work for all activities. The percent complete and minor schedule
changes, including additions of activities, change orders, construction change directives, changes
to sequences of activities and significant changes in activity demands must be shown by a
revised Schedule. A written report providing details about the changes and what actions are
anticipated to get the work completed in the contractual time period shall be submitted with the
revised schedule.
3.10.5.3. The Construction Schedule shall include coordinate dates for performance of all
divisions of the Work, including shipping and delivery, off-site requirements and tasks, so the
Work can be completed in a timely and orderly fashion consistent with the required dates of
Substantial Completion and Final Acceptance.
3.10.5.4. The Construction Schedule shall include: (i) the required commencement date, the
required dates of Substantial Completion(s) and Final Acceptance for the complete Project and all
phases (if any); (ii) any guideline and milestone dates required by the Owner or the Contract
Documents; (iii) subcontractor and supplier schedules; (iv) a submittal schedule which allows
sufficient time for review by Owner; (v) the complete sequence of all construction activities with
start and completion dates; and, (vi) required decision dates.
3.10.5.5. By receiving, reviewing, and/or commenting on the Construction Schedule or any
portion thereof (including logic), the Owner shall not assume any of the Contractor’s responsibility
or liability that the Schedule be coordinated or complete, or for timely and orderly completion of
the Work.
3.10.5.6. Receiving, reviewing, and/or commenting on the Schedule, any portion thereof, or any
revision thereof, does not constitute an approval, acknowledgement, or acceptance of any
durations, dates, milestones, or performance indicated therein.
3.10.5.7. A printout of the Schedule’s logic showing all activities is required with the Schedule and
with all updates to the Schedule.
3.10.6. The Contractor shall review and compare, at a minimum on a weekly basis, the actual status of
the Work against its Construction Schedule.
3.10.7. The Contractor shall routinely, frequently, and periodically (but not less than monthly) update
and/or revise its Construction Schedule to show actual progress of the Work through the date of the
update or revision, projected level of completion of each remaining activity, activities modified since the
previous update or revision, and major changes in scope or logic. The updated/revised Schedule shall be
accompanied by a narrative report which: (a) states and explains any modifications of the critical path, if
any, including any changes in logic; (b) defines problem areas and lists areas of anticipated delays; (c)
explains the anticipated impact the change in the critical path or problems and delays will have on the
entire Schedule and the completion of the Work; (d) provides corrective action taken or proposed; and, (e)
states how problems or delays will be resolved in order to deliver the Work by the required phasing
milestones (if any), Substantial Completion(s), and Final Acceptance dates.
3.10.8. Delay in Performance: If at any time the Contractor anticipates that performance of the Work will
be delayed or has been delayed, the Contractor shall: (1) immediately notify the Owner, Engineer and
GC/CM by separate and distinct correspondence of the probable cause and effect of the delay, and
possible alternatives to minimize the delay; and, (2) take all corrective action reasonably necessary to
deliver the Work by the required dates. Nothing in this paragraph or the Contract Documents shall be
construed by the Contractor as a granting by the Owner of constructive acceleration. The results of failure
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to anticipate delays, or to timely notify the Owner of an anticipated or real delay, are entirely the
responsibility of the Contractor whether compensable or not.
3.10.9. Early Completion: The Contractor may attempt to achieve Substantial Completion(s) on or before
the date(s) required in the Contract. However, such early completion shall be for the Contractor’s sole
convenience and shall not create any real or implied additional rights to Contractor or impose any
additional obligations on the Owner. The Owner will not be liable for nor pay any additional compensation
of any kind to the Contractor for achieving Substantial Completion(s) or Final Acceptance prior to the
required dates as set forth in the Contract.
3.10.10. Float in Schedule. Any and all float time in the Contractor’s schedule, regardless of the path or
activity, shall accrue to the benefit of the Owner and the Work, and not to the Contractor. Float also
includes any difference shown between any early completion dates shown on the Contractor’s Schedule
for any phasing milestone(s), Substantial Completion(s) or Final Acceptance and the dates or durations
as required by the Contract Documents.
3.10.11. Modification of Required Substantial Completion(s) or Final Acceptance Dates: Modification of the
required dates shall be accomplished only by duly authorized, accepted, and approved change orders
stating the new date(s) with specificity on the change order form. All rights, duties, and obligations,
including but not limited to the Contractor’s liability for actual, delay, and/or liquidated damages, shall be
determined in relation to the date(s) as modified.
3.11. DOCUMENTATION AND AS-BUILT CONDITIONS AT THE SITE
3.11.1. The Contractor shall maintain at the site for the Owner one record copy of the Drawings,
Specifications, Addenda, Change Orders and other Modifications, in good order and accurately marked to
record current field changes and selections made during construction, and one record copy of approved
Shop Drawings, Product Data, Samples and similar required submittals. These shall be available to the
Owner at any time and shall be delivered to the Owner upon completion of the Work.
3.11.2. The Owner shall not be required to process final payment until all documentation and data
required by the Contract Documents is submitted to and approved by the Owner including, but not limited
to, the As-Built Drawings. The Owner will not process any final request for payment until the Owner has
received and verified that the Contractor has performed the requirements pertaining to the as-built
drawings.
3.11.3. The as-built drawings shall be neatly and clearly marked during construction to record all
deviations, variations, changes, and alterations as they occur during construction along with such
supplementary notes and details necessary to clearly and accurately represent the as-built condition.
3.12. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
3.12.1. Definitions:
3.12.1.1. Shop Drawings are drawings, diagrams, schedules and other data specially prepared
for the Work by the Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or
distributor to illustrate some portion of the Work.
3.12.1.2. Product Data are illustrations, standard schedules, performance charts, instructions,
brochures, diagrams and other information furnished by the Contractor to illustrate materials or
equipment for some portion of the Work.
3.12.1.3. Samples are physical examples which illustrate materials, equipment or workmanship
and establish standards by which the Work will be judged.
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3.12.2. Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. The
purpose of their submittal is to demonstrate for those portions of the Work for which submittals are
required by the Contract Documents the way by which the Contractor proposes to conform to the
information given and the design concept expressed in the Contract Documents.
3.12.3. The Contractor shall review, and approve Shop Drawings, Product Data, Samples and similar
submittals required by the Contract Documents within sixty (60) calendar days of being issued the Notice
To Proceed unless noted otherwise and shall do so in such sequence as to cause no delay in the Work or
in the activities of the Owner or of separate contractors. Any submittal that, in the opinion of the Owner, is
incomplete in any area or detail may be rejected and returned to the Contractor. It is the responsibility of
and incumbent upon the Contractor to ensure and confirm that all submittals are complete, accurate, and
in conformance to the Contract Documents prior to submission.
3.12.4. By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the
Contractor represents and guarantees to the Owner that the Contractor has determined and verified
materials, field measurements and field construction criteria related thereto, or will do so, and has
checked and coordinated the information contained within such submittals with the requirements of the
Work and of the Contract Documents.
3.12.5. The Contractor shall perform no portion of the Work for which the Contract Documents require
submittal and review of Shop Drawings, Product Data, Samples or similar submittals until the respective
submittal has been approved. Should the Contractor, Subcontractors or Sub- subcontractors install,
construct, erect or perform any portion of the Work without approval of any requisite submittal, the
Contractor shall bear the costs, responsibility, and delay for removal, replacement, and/or correction of
any and all items, material, and /or labor.
3.12.6. The Work shall be in accordance with approved submittals except that the Contractor shall not be
relieved of responsibility for deviations from requirements of the Contract Documents by the Owner’s
approval of Shop Drawings, Product Data, Samples or similar submittals unless the Contractor has
specifically informed the Owner, Engineer and GC/CM in writing of such deviation at the time of submittal
and: (1) the Owner has given written approval to the specific deviation as a minor change in the Work; or,
(2) a Change Order or Construction Change Directive has been issued authorizing the deviation. The
Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data,
Samples or similar submittals by the Owner's approval thereof.
3.12.7. The Contractor shall direct specific attention, in writing or on re-submitted Shop Drawings,
Product Data, Samples or similar submittals, to revisions other than those requested by the Owner on
previous submittals. In the absence of such written notice the Owner's approval of a re- submission shall
not apply to such revisions.
3.12.8. The Contractor shall not be required to provide professional services which constitute the practice
of architecture or engineering, unless such services are specifically required by the Contract Documents
for a portion of the Work or unless the Contractor needs to provide such services in order to carry out the
Contractor's responsibilities for construction means, methods, techniques, sequences and procedures.
The Contractor shall not be required to provide professional services in violation of applicable law. If
professional design services or certifications by a design professional related to systems, materials or
equipment are specifically required of the Contractor by the Contract Documents, the Owner will specify
all performance and design criteria that such services must satisfy. The Contractor shall cause such
services or certifications to be provided by a properly licensed design professional, whose signature and
seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other
submittals prepared by such professional. Shop Drawings and other submittals related to the Work
designed or certified by such professional, if prepared by others, shall bear such professional's written
approval when submitted to the Owner. The Owner shall be entitled to rely upon the adequacy, accuracy
and completeness of the services, certifications or approvals performed by such design professionals,
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provided the Owner has specified to the Contractor all performance and design criteria that such services
must satisfy. Pursuant to this subparagraph, the Owner will review, approve or take other appropriate
action on submittals only for the limited purpose of checking for conformance with information given and
the design concept expressed in the Contract Documents. The Contractor shall not be responsible for the
accuracy of the performance or design criteria required by the Contract Documents but shall be
responsible and held liable for review and verification of all performance or design criteria as required by
Paragraph 3.2.
3.12.9. Unless noted otherwise in the Contract Documents, the Contractor shall submit to the Owner
within sixty (60) days from the date of the Notice To Proceed a minimum of six (6) complete copies of all
shop/setting drawings, schedules, cut sheets, products, product data, and samples required for the
complete Work, or as specified within the Contract Documents. Copies shall be reviewed, marked,
stamped and approved on each and every copy by the Contractor prior to submission to the Owner or
they shall be returned without review or action. The Owner shall review with reasonable promptness,
making corrections, rejections, or other actions as appropriate. The Owner’s approval or actions on
shop/setting drawings, schedules, cut sheets, products, product data, or samples shall not relieve the
Contractor from responsibility for, nor deviating from, the requirements of the plans and specifications.
Any deviations from the plans and specifications requested or made by the Contractor shall be brought
promptly to the attention of the Owner, Engineer and GC/CM.
3.12.10. Cost for Re-Submissions: the Contractor is responsible for ensuring that all shop drawings,
product data, samples, and submittals contain all information required by the Contract Documents to
allow the Owner to take action. The Contractor shall pay the Owner’s cost of reviewing any submittal item
exceeding two reviews for the same item. Such costs shall be deducted from the contract sum by Change
Order.
3.13. USE OF SITE
3.13.1. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits
and the Contract Documents and shall not unreasonably encumber the site with materials or equipment.
Only materials and equipment which are to be used in the Work shall be brought to and stored on the
Project Site by the Contractor.
3.13.2. The Contractor shall not damage, endanger, compromise or destroy any part of the Project or the
site, including but not limited to work performed by others, monuments, stakes, bench marks, survey
points, utilities, existing features or structures. The Contractor shall be fully and exclusively responsible
for and bear all costs and delays (including and costs of delay) for any damage, endangerment,
compromise, or destruction of any part of the Project or site.
3.13.3. The Contractor shall coordinate his operations with the Owner, Engineer and GC/CM in order that
the Owner will have maximum use of existing facilities surrounding the area of the Work, as agreed upon,
at all times during normal working hours. Contractor further agrees to coordinate his operations so as to
avoid interference with the Owner’s normal operations to as great an extent as possible.
3.13.4. Except as may be specifically provided in the Contract Documents, the Contractor shall provide
all necessary temporary facilities, including power, water, sanitation, scaffolding, storage, and reasonable
security. If Owner makes any such facilities available to Contractor, it is without representation or
warranty as to their adequacy for Contractor's use, and Contractor shall indemnify, defend, and hold
Owner harmless from and against any claims arising out of Contractor's use of such facilities.
3.13.5. The Contractor shall ensure that the Work, at all times, is performed in a manner that affords
reasonable access, both vehicular and pedestrian, to the site of the Work and all adjacent areas. The
Work shall be performed, to the fullest extent reasonably possible, in such a manner that public areas
adjacent to the site of the Work shall be free from all debris, building materials and equipment likely to
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cause hazardous conditions. Without limitation of any other provision of the Contract Documents,
Contractor shall not interfere with the occupancy or beneficial use of (1) any areas and buildings adjacent
to the site of the Work or (2) the Building in the event of partial occupancy, without prior approval of the
Owner.
3.13.6. The Contractor shall, for the duration of this Agreement, maintain all areas used by it in
performance of the contract free from excessive dust as reasonably determined and directed by the
Owner, and shall comply with the OSHA standards and those of all other regulatory agencies, statutes
and laws. Industry accepted methods of dust control suitable for the areas involved will be permitted,
where such is in compliance with the foregoing and with the approval of the Owner. No separate
payment will be made for dust control beyond what may be previously approved by Owner as a General
Condition Cost or as included in as a subcontract package item.
3.13.7. The Contractor shall perform all work in strict conformity with all applicable laws, rules and
regulations relating to pollution of any land, stream, and the atmosphere. The Contractor shall, at its
expense, provide suitable facilities to prevent the introduction of any substances or materials onto the
land, or into any stream, river, lake or other body of water including groundwater.
3.13.8. The Contractor shall not permit or suffer the introduction or use of tobacco or any intoxicants,
including alcohol or illegal drugs, upon the Project site.
3.13.9. In the event that any items of archeological or historical value are discovered by Contractor or
any of its Subcontractors or any of their representatives or employees, the Contractor shall immediately
notify the Owner, Engineer and GC/CM and await Owner’s decision before proceeding with any work.
Any item found shall not be the Contractor’s property and shall be promptly delivered to the Owner.
3.14. CUTTING AND PATCHING
3.14.1. The Contractor shall be responsible for cutting, fitting or patching required to complete the Work
or to make its parts fit together properly.
3.14.2. The Contractor shall not damage or endanger a portion of the Work or fully or partially completed
construction of the Owner or separate contractors by cutting, patching or otherwise altering such
construction, or by excavation. The Contractor shall not cut or otherwise alter such construction by the
Owner or a separate contractor except with written consent of the Owner and of such separate contractor;
such consent shall not be unreasonably withheld. The Contractor shall not unreasonably withhold from
the Owner or a separate contractor the Contractor's consent to cutting or otherwise altering the Work.
3.15. WORK HOURS, CLEAN UP, AND SITE CONTROL
3.15.1. Work will be performed in accordance with the Contract Documents and the Bozeman Municipal
Code or other applicable law governing the Contractor’s performance of the Work. No delays resulting
from compliance with applicable laws or regulations may form the basis for any claim by the Contractor
for delay damages or additional compensation or for any extensions of the Contract Time. Daily work
hours shall be limited to those stipulated by Bozeman Municipal Code section 16.06.090. Normal work
hours for Owner’s testing agencies shall be defined as Monday through Friday, 8:00 a.m. to 5:00 p.m.
except State or Federal holidays. Contractor shall provide a minimum of 24 hours’ notice to Owner for
any testing or inspection that Contractor requires of Owner or Owner’s designated representatives
outside of normal business hours and shall be responsible for payment of same to the appropriate party
for off-hours Work. The Contractor must notify the Owner as soon as possible if Work must be performed
outside such times in the interest of the safety and protection of persons or property at the Site or
adjacent thereto, or in the event of an emergency. In no event shall the Contractor permit Work to be
performed at the Site without the presence of the Contractor’s superintendent or person responsible for
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the protection of persons and property at the Site and compliance with all applicable laws and regulations,
if different from the superintendent.
3.15.2. The Contractor shall keep the premises and surrounding area free from accumulation of waste
materials or rubbish caused by operations under the Contract during performance of the Work and at the
direction of the Owner. Contractor must keep tools, construction equipment, machinery and surplus
materials suitably stored when not in use. At completion of the Work, the Contractor shall remove from
and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery
and surplus materials.
3.15.3. The Contractor must comply with the Bozeman Municipal Code (Chpt. 16, Article 6) (Noise) and
any successor or substitute provisions covering the regulation of noise. It is the duty of the Contractor to
familiarize itself with those provisions and perform the Work in compliance with those provisions.
3.15.4. If the Contractor fails to clean up in a manner reasonably satisfactory to the Owner within forty-
eight (48) hours after notice or as otherwise required by the Contract Documents, the Owner may clean
the Site and back charge the Contractor for all costs associated with the cleaning.
3.16. ACCESS TO WORK
3.16.1. The Contractor shall provide the Owner access to the Work at all times wherever located.
3.17. ROYALTIES, PATENTS AND COPYRIGHTS
3.17.1. The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims
for infringement of copyrights and patent rights and shall hold the Owner harmless from loss on account
thereof.
3.18. INDEMNIFICATION
3.18.1. To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless
the Owner and Owner’s agents and employees (the “Indemnitees”) from and against claims, damages,
losses and expenses, including but not limited to attorneys' fees, liabilities (including liability where activity
is inherently or intrinsically dangerous), or damages of whatever kind or nature connected therewith
occasioned by, growing or arising out of or resulting from or in any way related to (a) the negligent,
reckless, or intentionally wrongful acts or omissions of the Contractor, a Subcontractor, anyone directly or
indirectly employed by them or anyone for whose acts they may be liable; provided that the Contractor
shall not be required to indemnify the Indemnitees to the extent damages arise out of bodily injury to
persons or damage to property caused by or resulting from negligence of the Owner, its agents, officers,
or employees, Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist as to an Indemnitee.
3.18.2. Contractor’s indemnity under this Section 3.18 shall be without regard to and without any right to
contribution from any insurance maintained by Owner.
3.18.3. In claims against any person or entity indemnified under this Paragraph 3.18 by an employee of
the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts
they may be liable, the indemnification obligation under Subparagraph 3.18.1 shall not be limited by a
limitation on amount of damages, compensation or benefits payable by or for the Contractor or a
Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts.
3.18.4. Contractor’s obligations under this Section 3.18 shall survive termination of the Contract and
completion of the Project.
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4. ARTICLE 4- ADMINISTRATION OF THE CONSTRUCTION
CONTRACT
4.1 OWNER’S ADMINISTRATION OF THE CONSTRUCTION CONTRACT
4.1.1. The Owner will provide administration of the Contract as described in the Contract Documents
throughout the complete duration of the project.
4.1.2. The Owner will organize a pre-construction conference between the parties to discuss design and
construction of the project, including timelines and costs.
4.1.3. The Owner will visit the site at intervals appropriate to the stage of the contractor’s operations to:
(1) become generally familiar with the progress and quality of the portion of the Work Completed; and (2)
to determine in general if the Work is being performed in a manner indicating that the Work, when fully
completed will be in accordance with the Contract Documents. However, the Owner will not be required
to make exhaustive or continuous on-site inspections to check the quality or quantity of the Contractor’s
Work. The Owner will neither have control over or charge of, nor be responsible for, the construction
means, methods, techniques, sequences or procedures, for the safety of any person involved in the work
or for the safety precautions and programs in connection with the Work, since these are solely the
Contractor’s rights and responsibilities under the Contract Documents.
4.1.4. The Owner will not be responsible for the Contractor’s failure to perform the Work in accordance
with the requirements of the Contract Documents. The Owner will not have control over or charge of and
will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or
employees, or any other persons or entities performing portions of the Work.
4.1.5. Communications Facilitating Contract Administration. Communications by and with Subcontractors
and material suppliers shall be through the Contractor to the Owner. Communications by and with
separate contractors shall be through the Owner to the Contractor.
4.1.6. The Owner will review and certify the amounts due the Contractor.
4.1.7. The Owner will have authority to reject Work that does not conform to the Contract Documents.
Whenever the Owner considers it necessary or advisable, the Owner will have authority to require
inspection or testing of the Work in accordance with the General Conditions and any applicable technical
specification requirements, whether or not such Work is fabricated, installed or completed. However,
neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise
such authority shall give rise to a duty or responsibility of the Owner to the contractor, Subcontractors,
material and equipment suppliers, their agents or employees or other persons or entities performing
portions of the Work.
4.1.8. The Owner will review and approve or take other appropriate action upon the Contractor’s
submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of
checking for conformance with information given and the design concept expressed in the Contract
Documents. Unless otherwise agreed to by the parties, the Owner’s action will be taken within seven (7)
days or such shorter period as is necessary to cause no delay in the Work of in the activities of the
Owner, Contractor or separate contractors, while allowing sufficient time to permit adequate review.
Review of such submittals is not conducted for the purpose of determining the accuracy and
completeness of other details such as dimensions and quantities, or for substantiating instructions of
installation or performance of equipment or systems, all of which remain the responsibility of the
Contractor as required by the Contract Documents. The Owner’s review of the Contractor’s submittals
shall not relieve the Contractor of the obligations under Paragraphs 3.3, 3.5, and 3.12. The Owner’s
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review shall not constitute approval of safety precautions or unless otherwise specifically stated by the
Owner, of any constructions means, methods, techniques, sequences or procedures. The Owner’s
approval of a specific item shall not indicate approval of an assembly of which the item is a component.
4.1.9. The Contractor will prepare Change Orders and Construction Change Directives for Owner’s
approval. The Contractor will investigate and make recommendations regarding concealed and unknown
conditions as provided in Section 3.7.4.
4.1.10. The Owner will conduct inspections to determine the date or dates of Substantial Completion and
the date of Final Acceptance, will receive written warranties and related documents required by the
Contract and assembled by the Contractor.
4.1.11. The Owner’s observations or inspections do not alleviate any responsibility on the part of the
Contractor. The Owner reserves the right to observe and inspect the work and make comment. Action or
lack of action following observation or inspections is not to be construed as approval of Contractor’s
performance.
4.2 CLAIMS AND DISPUTES
4.2.1. Definition. A Claim is a written demand or assertion by one of the parties seeking, as a matter of
right, adjustment or interpretation of Contract terms, payment of money, extensions of time or other relief
with respect to the terms of the Contract. The term "Claim" also includes other disputes, controversies,
and matters in question between the Owner and Contractor arising out of or relating to the Contract.
Claims must be initiated by written notice. The responsibility to substantiate Claims shall rest solely with
the party making the Claim.
4.2.1.1. Time Limits on Claims. Claims by either party must be initiated within 21 calendar days
after occurrence of the event giving rise to such claim. The following shall apply to the initiation of
a claim:
4.2.1.1.1. A written notice of a claim must be provided to the Owner within 21 calendar
days after the occurrence of the event or the claim is waived by the claiming party and
void in its entirety.
4.2.1.1.2. Claims must be initiated by separate, clear, and distinct written notice within the
21 calendar day time frame to the Owner and must contain the notarized statement in
Sub-Paragraph 4.3.1.5 when the claim is made by the Contractor. Discussions in any
form with the Owner, whether at the site or not, do not constitute initiation of a claim.
Notes in project meeting minutes, email correspondence, change order proposals, or any
other form of documentation does not constitute initiation of a claim. The written notice
must be a separate and distinct correspondence provided in hardcopy to the Owner and
must delineate the specific event and outline the causes and reasons for the claim
whether or not cost or time have been fully determined. Written remarks or notes of a
generic nature are invalid in their entirety. Comments made at progress meetings, project
site visits, inspections, emails, voice mails, and other such communications do not meet
the requirement of providing notice of claim.
4.2.1.1.3. Physical Injury or Physical Damage. Should the Owner or Contractor suffer
physical injury or physical damage to person or property because of any error, omission,
or act of the other party or others for whose acts the other party is legally and
contractually liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such physical injury or physical damage but in
no case beyond 30 calendar days of the first observance. The notice shall provide
sufficient detail to enable the other party to investigate the matter. The provisions of this
paragraph shall not be construed as a substitute for or a waiver of the provisions of any
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applicable statute of limitations or repose. In all such cases, the indemnification
provisions of the Contract shall be effectual and the Contractor’s insurance shall be
primary and in full effect.
4.2.1.2. All Claims must contain sufficient justification and substantiation with the written notice or
they may be rejected without consideration by the Owner with no additional impact or
consequence to the Contract Sum, Contract Time, or matter(s) in question in the Claim.
4.2.1.3. If additional compensation is claimed, the exact amount claimed and a breakdown of that
amount into the following categories shall be provided with each and every claim:
4.2.1.3.1. Direct costs (as listed in Subparagraph 7.3.9.1 through 7.3.9.5);
4.2.1.3.2. Indirect costs (as defined in Paragraph 7.2.5); and,
4.2.1.3.3. Consequential items (i.e. time extensions, credits, logic, reasonableness,
impacts, disruptions, dilution) for the change.
4.2.1.4. If additional time is claimed the following shall be provided with each and every claim:
4.2.1.4.1.The specific number of days and specific dates for which the additional time is
sought;
4.2.1.4.2. The specific reasons, causes, and/or effects whereby the Contractor believes
that additional time should be granted; and,
4.2.1.4.3. The Contractor shall provide analyses, documentation, and justification of its
claim for additional time in accordance with the latest Critical Path Method schedule in
use at the time of event giving rise to the claim.
4.2.1.5. With each and every claim, the Contractor shall submit to the Owner a notarized
statement containing the following language:
“Under penalty of law (including perjury and/or false/fraudulent claims against the State), the
undersigned,
(Name)
(Title)
Of_________________(Company)
hereby certifies, warrants, and guarantees that this claim made for Work on this Contract is a true
statement of the costs, adjustments and/or time sought and is fully documented and supported
under the contract between the parties.
_____________ __________
(Signature) (Date)”
4.2.2. Continuing Contract Performance.
4.2.2.1. Pending final resolution of a Claim except as otherwise agreed in writing or as provided in
Subparagraph 9.7.1 and Article 14, the Contractor shall proceed diligently with performance of the
Contract and the Owner shall continue to make payments in accordance with the Contract
Documents on the portion of the Work not involved in a Claim.
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4.2.3. Claims for Cost or Time for Concealed or Unknown Conditions.
4.2.3.1. If conditions are encountered at the site which are: (a) subsurface or otherwise concealed
physical conditions which differ materially from those indicated in the Contract Documents; or, (b)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, then notice by the observing party shall be given to the
other parties promptly before conditions are disturbed.
4.2.3.2. The Owner will promptly investigate such conditions and, if they differ materially and
cause an increase or decrease in the Contractor's cost of, or time required for, performance of
any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract
Time, or both. If the Owner determines that the conditions at the site are not materially different
from those indicated in the Contract Documents and that no change in the terms of the Contract
is justified, the Owner shall so notify the Contractor in writing, stating the reasons. Claims by
either party in opposition to such determination must be made within 21 days after the date of the
Owner’s decision.
4.2.3.3. If the conditions encountered are materially different, the Contract Sum and Contract
Time shall be equitably adjusted.
4.3.3.4. Nothing in this paragraph shall relieve the Contactor of its obligation to adequately and
sufficiently investigate, research, and examine the site, the site survey, topographical information,
and the geotechnical information available whether included by reference or fully incorporated in
the Contract Documents.
4.2.4. Claims for Additional Cost.
4.2.4.1. If the Contractor wishes to make Claim for an increase in the Contract Sum, written
notice as provided herein shall be given before proceeding to execute the Work. Prior notice is
not required for Claims relating to an emergency endangering life or property arising under
Paragraph 10.4.
4.2.4.2. If the Contractor believes additional cost is involved for reasons including but not limited
to: (a) a written interpretation from the Owner; (b) an order by the Owner to stop the Work solely
for the Owner’s convenience or where the Contractor was not at least partially at fault;(c) a
written order for a minor change in the Work issued by the Owner; (d) failure of payment by the
Owner per the terms of the Contract; (e) termination of the Contract by the Owner; or, (f) other
reasonable grounds, Claim must be filed in accordance with this Paragraph 4.2.
4.2.5. Claims for Additional Time
4.2.5.1. If the Contractor wishes to make Claim for an increase in the Contract Time, written
notice as specified in these General Conditions shall be provided along with the notarized
certification. The Contractor's Claim shall include an estimate of cost and of probable effect of
delay on progress of the Work. In the case of a continuing delay for the same event or cause only
one Claim is necessary. However, separate and distinct written notice is required for each
separate event.
4.2.5.2. Weather Delays:
4.2.5.2.1. If adverse weather conditions are the basis for a Claim for additional time, such
Claim shall be documented by data substantiating that weather conditions were abnormal
for the period of time, could not have been reasonably anticipated, and had an adverse
effect on the scheduled construction activities.
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4.2.5.2.2. Inclement or adverse weather shall not be a prima facie reason for the granting
of an extension of time, and the Contractor shall make every effort to continue work
under prevailing conditions. The Owner may grant an extension of time if an
unavoidable delay occurs as a result of inclement/severe/adverse weather and such shall
then be classified as a “Delay Day”. Any and all delay days granted by the Owner are and
shall be non-compensable in any manner or form. The Contractor shall comply with the
notice requirements concerning instances of inclement/severe/adverse weather before
the Owner will consider a time extension. Each day of inclement/severe/adverse weather
shall be considered a separate instance or event and as such, shall be subject to the
notice requirements.
4.2.5.2.3. An “inclement”, “severe”, or “adverse” weather delay day is defined as a day on
which the Contractor is prevented by weather or conditions caused by weather resulting
immediately there from, which directly impact the current controlling critical-path
operation or operations, and which prevent the Contractor from proceeding with at least
75% of the normal labor and equipment force engaged on such critical path operation or
operations for at least 60% of the total daily time being currently spent on the controlling
operation or operations.
4.2.5.2.4. The Contractor shall consider normal/typical/seasonal weather days and
conditions caused by normal/typical/seasonal weather days for the location of the Work in
the planning and scheduling of the Work to ensure completion within the Contract Time.
No time extensions will be granted for the Contractor’s failure to consider and account for
such weather days and conditions caused by such weather for the Contract Time in
which the Work is to be accomplished.
4.2.5.2.5. A “normal”, “typical”, or “seasonal” weather day shall be defined as weather that
can be reasonably anticipated to occur at the location of the Work for each particular
month involved in the Contract Time. Each month involved shall not be considered
individually as it relates to claims for additional time due to inclement/adverse/severe
weather but shall consider the entire Contract Time as it compares to
normal/typical/seasonal weather that is reasonably anticipated to occur.
Normal/typical/seasonal weather days shall be based upon U.S. National Weather
Service climatic data for the location of the Work or the nearest location where such data
is available.
4.2.5.2.6. The Contractor is solely responsible to document, prepare and present all data
and justification for claiming a weather delay day. Any and all claims for weather delay
days shall be tied directly to the current critical-path operation or operations on the day of
the instance or event which shall be delineated and described on the Critical- Path
Schedule and shall be provided with any and all claims. The Contractor is solely
responsible to indicate and document why the weather delay day(s) claimed are beyond
those weather days which are reasonably anticipated to occur for the Contract Time.
Incomplete or inaccurate claims, as determined by the Owner, may be returned without
consideration or comment.
4.2.5.3. Where the Contractor is prevented from completing any part of the Work with specified
durations or phases due to delay beyond the control of both the Owner and the Contractor, an
extension of the contract time or phase duration in an equal amount to the time lost due to such
delay shall be the Contractor’s sole and exclusive remedy for such delay.
4.2.5.4. Delays attributable to and/or within the control of subcontractors and suppliers are
deemed to be within the control of the Contractor.
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4.2.5.5. In no event shall the Owner be liable to the Contractor, any subcontractor, any supplier,
Contractor’s surety, or any other person or organization, for damages or costs arising out of or
resulting from: (1) delays caused by or within the control of the Contractor which include but are
not limited to labor issues or labor strikes on the Project, federal, state, or local jurisdiction
enforcement actions related directly to the Contractor’s Work (e.g. safety or code violations, etc.);
or, (2) delays beyond the control of both parties including but not limited to fires, floods,
earthquakes, abnormal weather conditions, acts of God, nationwide material shortages, actions
or inaction by utility owners, emergency declarations by federal, state, or local officials enacted in
the immediate vicinity of the project, or other contractors performing work for the Owner.
4.2.6. Claims for Consequential Damages.
4.2.6.1. The Contractor and Owner waive Claims against each other for consequential damages
arising out of or relating to this Contract. This mutual waiver includes:
4.2.6.1.1. damages incurred by the Owner for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of the
services of such persons; and,
4.2.6.1.2. damages incurred by the Contractor for principal office expenses including the
compensation of personnel stationed there, for losses of financing, business and
reputation, income, and for loss of profit.
4.2.6.2. This mutual waiver is applicable, without limitation, to all consequential damages due to
either party's termination in accordance with Article 14. Nothing contained in this waiver of
consequential damages shall be deemed to preclude an award of liquidated or actual damages,
when applicable, in accordance with the requirements of the Contract Documents.
4.3. RESOLUTION OF CLAIMS, DISPUTES, AND CONTROVERSIES
4.3.1. Either party may submit a Claim to the other party in accordance with the Contract. After
submission of the Claim, the parties will attempt in good faith to resolve the Claim through negotiation.
4.3.2 Upon receipt of a Claim against the Contractor or at any time thereafter, the Owner may, but is not
obligated to, notify the surety, if any, of the nature and amount of the Claim. If the Claim relates to a
possibility of a Contractor's default, the Owner may, but is not obligated to, notify the surety and request
the surety's assistance in resolving the controversy.
4.3.3. A Claim subject to or related to liens or bonds shall be governed by applicable law regarding
notices, filing deadlines, and resolution of such Claim prior to any resolution of such Claim, by mediation,
or by arbitration, except for claims made by the Owner against the Contractor’s bonds.
4.3.4. Pending final resolution of a Claim including mediation, arbitration (if mutually agreed to by the
Parties), or court proceedings, unless otherwise mutually agreed in writing, the Contractor shall proceed
diligently with performance of the Contract and the Owner shall continue to make payments in
accordance with the Contract on Work or amounts not in dispute.
4.4. MEDIATION
4.4.1. Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect and
except those waived as provided for in Subparagraphs 4.3.6, 7.2.6, 7.3.8, 9.10.4 and 9.10.5 shall, 30
days after submission of the Claim to the Owner, be subject to mediation as a condition precedent to the
institution of legal or equitable proceedings by either party.
4.4.2. The parties shall endeavor to resolve their Claims by mediation administered by a Dispute
Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and
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Procedural Manual. The parties must enter into a separate agreement establishing, among others, the
scope of work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process,
payment to DRB members, and whether the decision or findings of the DRB will be binding or admissible
in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a
neutral third party mediator in accordance with American Arbitration Association procedures in effect on
the date the Claim is made in lieu of a DRB.
4.4.3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held
in the place where the Project is located, unless another location is mutually agreed upon. Agreements
reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction
thereof.
5. ARTICLE 5 – SUBCONTRACTORS
5.1. DEFINITION
5.1.1. A Subcontractor is a person or entity who has a direct or indirect contract at any tier or level with
the Contractor or any Subcontractor to the Contractor to perform a portion of the Work at the site. The
term "Subcontractor" is referred to throughout the Contract Documents as if singular in number and
means a Subcontractor or an authorized representative of the Subcontractor. The term "Subcontractor"
does not include a separate contractor or subcontractors of a separate contractor.
5.2. AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK
5.2.1. Unless otherwise stated in the Contract Documents, the Contractor, as soon as practicable after
award of the Contract and in no instance later than (30) days after award of the Contract, shall furnish in
writing to the Owner, and if applicable, the Engineer and GC/CM, the names of persons or entities
(including those who are to furnish materials or equipment fabricated to a special design) proposed for
each principal portion of the Work. The Owner will promptly reply to the Contractor in writing stating
whether or not the Owner, after due investigation, has reasonable objection to any such proposed person
or entity.
5.2.2. The Contractor shall not contract with a proposed person or entity to which the Owner has made
reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom
the Contractor has made reasonable objection.
5.2.3. If the Owner has reasonable objection to a person or entity proposed by the Contractor, the
Contractor shall propose another to whom the Owner has no reasonable objection. If the proposed but
rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract
Time shall be increased or decreased by the difference, if any, occasioned by such change, and an
appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work.
However, no increase in the Contract Sum or Contract Time shall be allowed for such change unless the
Contractor has acted promptly and responsively in submitting names as required.
5.2.4. The Contractor shall not change a Subcontractor, person or entity previously selected if the
Owner makes reasonable objection to such substitute.
5.3. SUBCONTRACTUAL RELATIONS
5.3.1. By appropriate agreement, written where legally required for validity, the Contractor shall require
each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the
Contractor by terms of the Contract Documents, and to assume toward the Contractor all the obligations
and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the
Contractor, by these Documents, assumes toward the Owner. Each subcontract agreement shall
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preserve and protect the rights of the Owner under the Contract Documents with respect to the Work to
be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights, and shall
allow to the Subcontractor, unless specifically provided otherwise in the subcontract agreement, the
benefit of all rights, remedies and redress against the Contractor that the Contractor, by the Contract
Documents, has against the Owner. Where appropriate, the Contractor shall require each Subcontractor
to enter into similar agreements with Sub-subcontractors. The Contractor shall make available to each
proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract
Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor,
identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be
at variance with the Contract Documents. Subcontractors will similarly make copies of applicable portions
of such documents available to their respective proposed Sub-subcontractors.
5.3.2. Upon written request by the Owner, the Contractor shall require its subcontractors to provide to it
performance and payment securities for their portion of the Work in the types and form defined in statute
(18-2-201 and 18-2-203 MCA) for all sub-contractual agreements.
5.3.3. The Contractor shall prepare a Subcontractors’ and Suppliers’ chart in a format acceptable to the
Owner which lists by name, all contact information, job category, and responsibility the Contractor’s
Subcontractors (at all tiers or levels) and Suppliers with a pecuniary interest in the Project of greater than
$5,000.00. The chart shall be provided to the Owner at the time of the pre-construction conference but no
less than 30 days after receiving the Notice to Proceed for construction.
5.3.4. All Contractors and Subcontractors to this contract must comply with all Montana Department of
Labor and Industry requirements, regulations, rules, and statutes.
5.3.5. In compliance with state statutes, the Contractor will have the 1% Gross Receipts Tax withheld
from all payments. Each "Public Contractor" includes all Subcontractors with contracts greater than
$5,000 each. The Contractor and all Subcontractors will withhold said 1% from payments made to all
Subcontractors with contracts greater than $5,000.00 and make it payable to the Montana Department of
Revenue. The Contractor and all Subcontractors shall also submit documentation of all contracts greater
than $5,000.00 to the Montana Department of Revenue on the Department’s prescribed form.
5.4. CONTINGENT ASSIGNMENT OF SUBCONTRACTS
5.4.1. Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner
provided that:
5.4.1.1. assignment is effective only after termination of the Contract by the Owner for cause
pursuant to Paragraph 14.2 and only for those subcontract agreements which the Owner accepts
by notifying the Subcontractor and Contractor in writing; and,
5.4.1.2. assignment is subject to the prior rights of the surety, if any, obligated under bond relating
to the Contract.
5.4.2. Upon such assignment, if the Work has been suspended for more than 30 days as a result of the
Contractor’s default, the Subcontractor's compensation shall be equitably adjusted for increases in cost
resulting from the suspension. Such adjustment shall be at the expense of the Contractor.
5.4.3. The Contractor shall engage each of its subcontractors and suppliers with written contracts that
preserve and protect the rights of the Owner and include the acknowledgement and agreement of each
subcontractor and supplier that the Owner is a third-party beneficiary of their sub-contractual and supplier
agreements. The Contractor’s agreements shall require that in the event of default by the Contractor or
termination of the Contractor, and upon request of the Owner, the Contractor’s subcontractors and
suppliers will perform services for the Owner.
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5.4.4. Construction Contractor Registration: All Subcontractors at any tier or level are required to be
registered with the Department of Labor and Industry under 39-9-201 and 39-9-204 MCA prior to the
Contract being executed by the Owner. Subcontractors shall demonstrate to the Contractor that it has
registered or promises that it will register immediately upon notice of award and prior to the
commencement of any work.
6. ARTICLE 6 – CONSTRUCTION BY OWNER OR BY
SEPARATE CONTRACTORS
6.1. OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS
6.1.1. The Owner reserves the right to perform construction or operations related to the Project with the
Owner's own forces, and to award separate contracts in connection with other portions of the Project or
other construction or operations on the site under Conditions of the Contract identical or substantially
similar to these including those portions related to insurance. If the Contractor claims that delay or
additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as
provided in Paragraph 4.3.
6.1.2. When separate contracts are awarded for different portions of the Project or other construction or
operations on the site, the term "Contractor" in the Contract Documents in each case shall mean the
Contractor who executes each separate Owner-Contractor Agreement.
6.1.3. The Owner shall provide for coordination of the activities of the Owner's own forces and of each
separate contractor with the Work of the Contractor, who shall cooperate with them. The Contractor shall
participate with other separate contractors and the Owner in reviewing their construction schedules when
directed to do so. The Contractor shall make any revisions to the construction schedule deemed
necessary after a joint review and mutual agreement. The construction schedules shall then constitute the
schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised.
6.1.4. Unless otherwise provided in the Contract Documents, when the Owner performs construction or
operations related to the Project with the Owner's own forces, the Owner shall be deemed to be subject to
the same obligations and to have the same rights which apply to the Contractor under the Conditions of
the Contract, including, without excluding others, those stated in Article 3, this Article 6 and Articles 10, 11
and 12.
6.2. MUTUAL RESPONSIBILITY
6.2.1. The Contractor shall afford the Owner and separate contractors reasonable opportunity for
introduction and storage of their materials and equipment and performance of their activities, and shall
connect and coordinate the Contractor's construction and operations with theirs as required by the
Contract Documents.
6.2.2. If part of the Contractor's Work depends for proper execution or results upon construction or
operations by the Owner or a separate contractor, the Contractor shall, prior to proceeding with that
portion of the Work, promptly report to the Owner apparent discrepancies or defects in such other
construction that would render it unsuitable for such proper execution and results. Failure of the
Contractor so to report shall constitute an acknowledgment that the Owner's or separate contractor's
completed or partially completed construction is fit and proper to receive the Contractor's Work, except as
to defects not then reasonably discoverable.
6.2.3. The Contractor shall reimburse the Owner for costs the Owner incurs which are payable to a
separate contractor because of delays, improperly timed activities or defective construction of the
Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor
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because of a separate contractor’s delays, improperly timed activities, damage to the Work or defective
construction.
6.2.4. The Contractor shall promptly remedy damage wrongfully caused by the Contractor to completed
or partially completed construction or to property of the Owner or separate contractors as provided in
Subparagraph 10.2.5.
6.2.5. The Owner and each separate contractor shall have the same responsibilities for cutting and
patching as are described for the Contractor in Subparagraph 3.14.
6.2.6. If a Subcontractor or separate contractor initiates legal or other proceedings against the Owner
on account of damage alleged to have been caused by the Contractor or its employees, agents, or
subcontractors, the Owner shall notify the Contractor who shall defend such proceedings at its own
expense, and if judgment or award against the Owner arises therefrom, the Contractor shall pay or satisfy
it and shall reimburse the Owner for attorneys’ fees and court or other costs which the Owner has
incurred over and above those paid for directly by the Contractor.
6.3. OWNER'S RIGHT TO CLEAN UP
6.3.1. If a dispute arises among the Contractor, separate contractors and the Owner as to the
responsibility under their respective contracts for maintaining the premises and surrounding area free
from waste materials and rubbish, the Owner may clean up and determine the responsibility of those
involved and allocate the cost accordingly.
7. ARTICLE 7 – CHANGES IN THE WORK
7.1. GENERAL
7.1.1. Changes in the Work may be accomplished after execution of the Contract, and without
invalidating the Contract, by Change Order, Construction Change Directive, or order for a minor change in
the Work subject to the limitations stated in this Article 7 and elsewhere in the Contract Documents.
7.1.2. A Change Order shall be based upon agreement among the Owner and Contractor; a
Construction Change Directive is determined by the Owner or Engineer and may or may not be agreed to
by the Contractor; an order for a minor change in the Work may be issued by the Owner alone.
7.1.3. Changes in the Work shall be performed under applicable provisions of the Contract Documents
and the Contractor shall proceed promptly, unless otherwise provided in the Change Order, Construction
Change Directive, or order for a minor change in the Work.
7.1.4. No act, omission, or course of dealing, shall alter the requirement that Change Orders or
Construction Change Directives shall be in writing and signed by the Owner, and that Change Orders and
Construction Change Directives are the exclusive method for effecting any adjustment to the Contract.
The Contractor understands and agrees that neither the Contract Sum nor the Contract Time can be
changed by implication, oral agreement, verbal directive, or unsigned Change Order.
7.2. CHANGE ORDERS
7.2.1. A Change Order is a written instrument prepared and signed by the Owner and Contractor,
stating their agreement upon all of the following:
7.2.1.1. change in the Work;
7.2.1.2. the amount of the adjustment, if any, in the Contract Sum; and,
7.2.1.3. the extent of the adjustment, if any, in the Contract Time.
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7.2.2. The cost or credit to the Owner resulting from a change in the Work shall be determined as
follows:
7.2.2.1. per the limitations of this Subparagraph. The allowance for overhead and for profit are
limited to the percentage as specified herein unless they are determined to be unreasonable by
the Owner (not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction
Change Directive; or,
7.2.2.2. by one of the methods in Subparagraph 7.3.4, or as determined by the Owner per
Subparagraph 7.3.9. Subcontractors shall be limited to a maximum total combined allowance of
15.0% for overhead and profit. The allowances for overhead and for profit are limited to the
percentages as specified herein unless they are determined to be unreasonable by the Owner
(not the Contractor) per Subparagraph 7.3.9 for each Change Order or Construction Change
Directive.
7.2.2.3. The Contractor’s proposed increase or decrease in cost shall be limited to costs listed in
Subparagraph 7.3.9.1 through 7.3.9.5.
7.2.3. The Contractor shall not submit any Change Order, response to requested cost proposals, or
requested changes which are incomplete and do not contain full breakdown and supporting
documentation in the following three areas:
7.2.3.1. Itemized direct costs (only those listed in Subparagraph 7.3.9.1 through 7.3.9.5 are
allowable);
7.2.3.2. Itemized indirect costs (limited as a percentage on each Change Order per
Supplementary General Conditions, Paragraph 7.2.2); and
7.2.3.3. Itemized consequential items (e.g. time extensions, credits, logic, reasonableness,
impacts, disruptions, dilution).
7.2.3.4. The Contractor shall provide a complete description detailing and summarizing all work
involved.
7.2.4. Any Change Order, responses to requested proposals, or requested changes submitted by the
Contractor which are incomplete, may be rejected and returned to the Contractor without comment. It is
the responsibility of and incumbent upon the Contractor to ensure and confirm that all Change Orders,
responses to requested proposals, or requested changes are complete prior to submission.
7.2.5. Overhead, applicable to all areas and sections of the Contract Documents, means “Indirect
Costs” as referenced in Subparagraph 7.2.3.2. Indirect costs are inclusive of, but not limited to, the
following: home office overhead; off-site supervision, except as directly related to the work; home office
project management, except as directly related to the work; effects of disruption and dilution of
management and supervision off-site; time delays; coordination of trades; postage and shipping; and,
effective increase in guarantee and warranty durations. Indirect costs applicable to any and all changes in
the work, either through Change Order or Construction Change Directive, are limited to the percentage
allowance for overhead in Subparagraph 7.2.2.
7.2.6. By signature on any Change Order, the Contractor certifies that the signed Change Order is
complete and includes all direct costs, indirect costs and consequential items (including additional time, if
any) and is free and clear of all claims or disputes (including, but not limited to, claims for additional costs,
additional time, disruptions, and/or impacts) in favor of the Contractor, subcontractors, material suppliers,
or other persons or entities concerning the signed change order and on all previously contracted Work
and does release the Owner from such claims or demands.
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7.2.7. Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor
as a result of a Change Order shall require documentation and justification for the adjustment by a Critical
Path Method analysis of the Contractor’s most recent Critical Path Schedule in use prior to the change.
Changes which affect or concern activities containing float or slack time (i.e. not on the critical path) and
which can be accomplished within such float or slack time, shall not result in an increase in the Contract
Time.
7.2.8. Supervision means on-site, field supervision and not home office overhead, off-site management
or off- site supervision, except as directly related to the work.
7.2.9. Labor means those persons engaged in construction occupations as defined in Montana
Prevailing Wage Rates for Building Construction or Heavy/Highway as bound in the Contract Documents
and does not include design, engineering, superintendence, management, on-site field supervision, home
office or other off-site management, off-site supervision, office or clerical work.
7.2.10. No such change is effective until the Owner signs the Change Order.
7.3. CONSTRUCTION CHANGE DIRECTIVES
7.3.1. A Construction Change Directive is a written order prepared and signed by the Owner or
Engineer, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Contract Time, or both. The Owner or Engineer, may, by Construction Change Directive, without
invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly.
7.3.2. Any and all changes or adjustments to the Contract Time requested or claimed by the Contractor
as a result of a Construction Change Directive, shall require documentation and justification for the
adjustment by a Critical Path Method analysis of the Contractor’s most recent Critical Path Schedule in
use prior to the change. Changes that affect or concern activities containing float or slack time (i.e. not on
the critical path) and which can be accomplished within such float or slack time shall not result in an
increase in the Contract Time.
7.3.3. A Construction Change Directive shall be used in the absence of agreement on the terms of a
Change Order.
7.3.4. If the Construction Change Directive provides for an adjustment to the Contract Sum, the
adjustment shall be based on one of the following methods:
7.3.4.1. mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation;
7.3.4.2. unit prices stated in the Contract Documents or subsequently agreed upon;
7.3.4.3. cost to be determined in a manner agreed upon by the parties and a mutually acceptable
fixed or percentage fee;
7.3.4.4. by actual cost as shown by the Contractor's and Subcontractor's itemized invoices; or
7.3.4.5. as provided in Subparagraph 7.3.9.
7.3.5. Costs shall be limited to the following: cost of materials, including cost of delivery; cost of labor,
including social security, old age and unemployment insurance and fringe benefits under collective
bargaining agreements; workers' compensation insurance; bond premiums; and rental value of power
tools and equipment.
7.3.6. Overhead and profit allowances shall be limited on all Construction Change Directives to those
identified in 7.2.2.
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7.3.7. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the
change in the Work involved and advise the Owner or Engineer of the Contractor's agreement or
disagreement with the method, if any, provided in the Construction Change Directive for determining the
proposed adjustment in the Contract Sum or Contract Time.
7.3.8. A Construction Change Directive signed by the Contractor indicates the agreement of the
Contractor therewith, including adjustment in Contract Sum and Contract Time or the method for
determining them. Such agreement shall be effective immediately and shall be recorded as a Change
Order.
7.3.9. If the Contractor does not respond or disagrees with the method for adjustment in the Contract
Sum in writing within seven (7) calendar days, the method and the adjustment made shall be determined
by the Owner on the basis of reasonable expenditures and/or savings of those performing the Work
directly attributable to the change including, in the case of an increase in the Contract Sum, plus an
allowance for overhead and profit as listed under Subparagraph 7.2.2. In such case, and also under
Clause 7.3.4.3, the Contractor shall keep and present, in such form as the Owner may prescribe, an
itemized accounting together with appropriate supporting data. Unless otherwise provided in the Contract
Documents, costs for the purposes of this Subparagraph 7.3.9 shall be limited to the following:
7.3.9.1. costs of labor, including social security, old age and unemployment insurance, fringe
benefits required by agreement or custom, and workers' compensation insurance as determined
by the Prevailing Wage Schedules referenced in the Contract Documents;
7.3.9.2. costs of materials, supplies and equipment, including cost of transportation, whether
incorporated or consumed;
7.3.9.3. rental costs of machinery and equipment, exclusive of hand tools, whether rented from
the Contractor or others;
7.3.9.4. costs of premiums for all bonds and insurance, permit fees, and sales, use or similar
taxes related to the Work; and,
7.3.9.5. additional costs of field supervision and field office personnel directly attributable to the
change.
7.3.10. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which
results in a net decrease in the Contract Sum shall be actual net cost. When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for overhead and profit
shall be figured on the basis of net increase, if any, with respect to that change.
7.3.11. Pending final determination of the total cost of a Construction Change Directive to the Owner,
amounts not in dispute for such changes in the Work shall be included in Applications for Payment
accompanied by a Change Order indicating the parties' agreement with part or all of such costs.
7.3.12. When the Owner and Contractor agree with the adjustments in the Contract Sum and Contract
Time, or otherwise reach agreement upon the adjustments, such agreement shall be effective
immediately and shall be recorded by preparation and execution of an appropriate Change Order.
Change Orders may be issued for all or any part of a Construction Change Directive.
7.4. MINOR CHANGES IN THE WORK
7.4.1. The Owner will have authority to order minor changes in the Work not involving adjustment in the
Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract
Documents. Such changes shall be effected by written order and shall be binding on the Owner and
Contractor. The Contractor shall carry out such written orders promptly.
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8. ARTICLE 8 – TIME
8.1. DEFINITIONS
8.1.1. Time is of the essence in performance, coordination, and completion of the Work contemplated
herein. The Owner may suffer damages if the Work is not completed as specified herein. When any
duration or time period is referred to in the Contract Documents by days, the first day shall be determined
as the day following the current day of any event or notice starting a specified duration.
8.1.2. Unless otherwise provided, Contract Time is the period of time, including authorized adjustments,
allotted in the Contract Documents for Substantial Completion of the Work.
8.1.3. The date of commencement of the Work is the date established in the NOTICE TO PROCEED
AS ISSUED BY THE OWNER.
8.1.4. The date the Contractor reaches Substantial Completion is the date certified by the Owner in
accordance with Paragraph 9.8.
8.1.5. The term "day" as used in the Contract Documents shall mean calendar day unless otherwise
specifically defined.
8.1.6. Liquidated Damages. The Contractor acknowledges that the Owner will sustain damages as a
result of the Contractor’s failure to substantially complete the Project in accordance with the Contract
Documents. These damages may include, but are not limited to delays in completion, use of the Project,
engineering costs to complete the Project, and costs associated with Contract administration and use of
temporary facilities. The Contractor and the Owner acknowledge that the actual amount of damages
would be difficult to determine accurately and agree that that the following liquidated damages figure
represents a reasonable estimate of such damages and is not a penalty:
8.1.6.1 The Contractor and his surety shall be liable for and shall pay to the Owner the sums
hereinafter stipulated as liquidated damages for each calendar day of delay until the Work is
substantially complete: One Thousand Dollars ($1000.00).
8.1.7. The Contractor shall not be charged liquidated or actual damages when delay in completion of
the Work is due to:
8.1.7.1. Any preference, priority or allocation order issued by the government;
8.1.7.2. Unforeseeable cause beyond the control and without the fault or negligence of the
Contractor, such as acts of God or of the public enemy, fires, floods, epidemics, quarantine
restrictions, freight embargoes, and unusually severe weather. All such occurrences resulting in
delay must be documented and approved by Change Order; or,
8.1.7.3. Any delays of Subcontractors or suppliers occasioned by any of the causes specified in
8.1.7.1 and 8.1.7.2 of this article.
8.1.8. The Contractor is completely obligated and responsible to provide written notice of each day of
delay as provided for in Paragraph 4.3. If delays to the Project are encountered for any reason, the
Contractor and Owner shall collaborate and mutually take reasonable steps to mitigate the effects of such
delays, regardless of cause or fault. In order to mitigate the effects of delays, it is incumbent upon and the
responsibility of the Contractor to provide notification of delays as provided in Paragraph 3.10.8. The
Owner may require the Contractor to accelerate its Work or Services by increasing workers and
equipment, working overtime, or scheduling additional shifts. If the Contractor is behind schedule for
reasons other than delays beyond the control of both parties as provided in Paragraph 4.5.3.5 or
compensable delays, the acceleration costs will be borne by the Contractor who may allocate
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Contractor’s Contingency in payment of such costs. If the Contractor is directed to accelerate to
overcome an Owner-caused delay that would otherwise entitle the Contractor to an extension of the
Contract Time and/or additional compensation, then the corresponding cost increase of acceleration shall
be attributable to the Owner.
8.1.9. Contract Time. All work shall reach Substantial Completion (or Final Acceptance) by the date
fixed in the Contract.
8.2. PROGRESS AND COMPLETION
8.2.1. Time limits stated in the Contract Documents are of the essence of the Contract. By executing
the Contract the Contractor confirms that the Contract Time is a reasonable period for performing the
Work.
8.2.2. The Contractor shall not knowingly, except by agreement or instruction of the Owner in writing,
prematurely commence operations on the site or elsewhere prior to the date on the Notice to Proceed
and in no case prior to the effective date of insurance required by Article 11 to be furnished by the
Contractor. The date of commencement of the Work shall not be changed by the effective date of such
insurance.
8.2.3. The Contractor shall proceed expeditiously with adequate forces and shall achieve Substantial
Completion within the Contract Time.
8.2.4. If the Contractor falls behind the latest construction schedule by more than 14 calendar days
through its own actions or inaction, neglect, inexperience, lack of oversight and management of the Work
including that of any Subcontractors, written notice to the Owner, Engineer and GC/CM shall be provided
within three (3) days with explanation of how the Contractor intends to get back on schedule. Response
to getting back on schedule consists of providing a sufficient number of qualified workers and/or proper
materials or an acceptably reorganized schedule to regain the lost time in a manner acceptable to the
Owner.
8.2.5. Completion of the work within the stated time and/or by the date stated on the Notice to Proceed
is of the essence of this Contract and failure to complete, without approved time extension, may be
considered default of the Contract. At the time for completion as stated on the Notice to Proceed or as
extended by approved change order, if the work is not substantially complete, the Owner may notify the
Contractor and the Contractor’s surety company in writing of the recourse the Owner intends to take,
within the Contract, to assess liquidated damages and /or cause the Work to be completed.
8.3. DELAYS AND EXTENSIONS OF TIME
8.3.1. If the Contractor is delayed at any time in the commencement or progress of the Work by an act
or neglect of the Owner, or of Owner’s employees, or of a separate contractor employed by the Owner, or
by changes ordered in the Work, or by fire, unusual delay in deliveries, unavoidable casualties or other
causes beyond the Contractor's control, or by delay authorized by the Owner pending mediation or other
alternative dispute resolution, or by other causes which may justify delay (“Excusable Delay”), then the
Contract Time shall be extended by Change Order for such reasonable time as the Owner may
determine.
8.3.2. Claims relating to time shall be made in accordance with applicable provisions of Paragraph 4.3.
8.3.3. This Paragraph 8.3 does not preclude recovery of damages for delay by either party under other
provisions of the Contract Documents.
9. ARTICLE 9 – PAYMENTS AND COMPLETION
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9.1. CONTRACT SUM
9.1.1. The Contract Sum is stated in the Contract and, including authorized adjustments, is the total
amount payable by the Owner to the Contractor for performance of the Work under the Contract
Documents.
9.2. SCHEDULE OF VALUES
9.2.1. Before the first Application for Payment, the Contractor shall submit to the Owner a schedule of
values allocating the entire Contract Sum to various portions of the Work, prepared in such form and
supported by such data to substantiate its accuracy as the Owner may require. This schedule shall be
used as a basis for reviewing the Contractor's Applications for Payment.
9.3. APPLICATIONS FOR PAYMENT
9.3.1. The Contractor shall submit to the Owner itemized Applications for Payment for Work completed
on a monthly basis in accordance with a schedule approved by the Owner. Each Application for Payment
must be consistent with the Schedule of Values. Such application shall be signed and supported by such
data substantiating the Contractor's right to payment as the Owner may require, such as copies of
requisitions from Subcontractors and material suppliers, and reflecting retainage if provided for in the
Contract Documents.
9.3.2. The form of Application for Payment must be mutually agreed to by the Owner and Contractor.
The application must be supported by sufficient data to demonstrate the Contractor’s right to payment
and compliance with the payment provisions of the Contract to the satisfaction of the Owner, such as
copies of requisitions from Subcontractors and material suppliers, partial lien waivers, releases and other
documents. Each Application for Payment must reflect approved Contract Modifications and the Contract
retainage provided for in the Contract Documents.
9.3.3. As provided in Subparagraph 7.3.11, such applications may include requests for payment on
account of changes in the Work which have been properly authorized by Construction Change Directives
but not yet included in Change Orders.
9.3.4. Applications for Payment shall not include requests for payment for portions of the Work for which
the Contractor does not intend to pay to a Subcontractor or material supplier.
9.3.5. Unless otherwise provided in the Contract Documents, payments shall be made on account of
materials and equipment delivered and suitably stored at the site for subsequent incorporation in the
Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment
suitably stored off the site at a location agreed upon in writing. Payment for materials and equipment
stored on or off the site shall be conditioned upon compliance by the Contractor with procedures
satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise
protect the Owner's interest, and shall include the costs of applicable insurance, storage and
transportation to the site for such materials and equipment stored off the site.
9.3.6. The Contractor warrants that title to all Work covered by an Application for Payment will pass to
the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an
Application for Payment all Work for which Certificates for Payment have been previously issued and
payments received from the Owner shall, to the best of the Contractor's knowledge, information and
belief, be free and clear of liens, claims, security interests or encumbrances in favor of the Contractor,
Subcontractors, material suppliers, or other persons or entities making a claim by reason of having
provided labor, materials and equipment relating to the Work.
9.3.7. Until the Work is complete, the Owner will pay 95% of the amount due the Contractor on account
of progress payments. For purposes of this section, “complete” shall mean (a) the Contractor has fully
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performed the Contract; (b) the Contractor has completed all Punch List items to the satisfaction of the
Owner; (c) the Contractor has delivered to the Owner all Project close-out documents in duplicate; and (d)
the applicable governmental authorities have issued to the Owner the final use and occupancy permit for
the Project.
9.3.7.1. If the Work and its progress are not in accordance with all or any part, piece, or portion of
the Contract Documents, the Owner may, at its sole discretion and without claim by the
Contractor, increase the amount held as retainage to whatever level deemed necessary to
effectuate performance and progress of the Work, for anticipated repairs, warranties or
completion of the Work by the Contractor or through the letting of other contracts. The Contractor
will not be entitled to additional costs, expenses, fees, time, and such like, in the event the Owner
increases the amount held as retainage due to non-compliance and/or non-performance with all
or any part, piece, or portion of the Contract Documents.
9.3.7.2. Prior to the first Application for Payment, the Contractor shall submit the following
information on the appropriate forms:
9.3.7.2.1.Schedule of Values: This form shall contain a breakdown of the costs
associated with the various portions of the Work and shall be the basis for the progress
payments to the Contractor.
9.3.7.2.2. Project/Progress Schedule: If no Schedule (or revised Schedule) is provided
with each and every Application for Payment, the Owner may return the pay request, or
hold it, and may choose not pay for any portion of the Work until the appropriate
Schedule, indicating all changes, revisions and updates, is provided. No claim for
additional costs or interests will be made by the Contractor or any subcontractor on
account of holding or non-payment of the Periodic Estimate for Partial Payment request.
9.3.7.3. The Contractor may submit obligations/securities in a form specified in 18-1-301 Montana
Code Annotated (MCA) to be held by a Financial Institution in lieu of retainage by the Owner. The
Owner will establish the amount that would otherwise be held as retainage. Should the
Contractor choose to submit obligations/securities in lieu of retainage, the Owner will require the
Financial Institution to execute the Owner’s Account Agreement for Deposit of Obligations Other
Than Retainage on such form as shall be acceptable to the City Attorney prior to submission of
any obligations/securities in accordance with 18-1-302 MCA. The Contractor must extend the
opportunity to participate in all obligations/securities in lieu of retainage on a pro rata basis to all
subcontractors involved in the project and shall be solely responsible for the management and
administration of same. The Owner assumes no liability or responsibility from or to the Contractor
or Subcontractors regarding the latter’s participation.
9.3.7.4. In the Application for Payment, the Contractor must certify in writing that, in accordance
with contractual arrangements, Subcontractors and suppliers (a) have been paid from the
proceeds of previous progress payments; and (b) will be paid in a timely manner from the
proceeds of the progress payment currently due. In the event the Contractor has not paid or
does not pay as certified, such failure constitutes a ground for termination under Section 14.2,
unless Owner agrees in Owner’s sole discretion that Contractor has a reasonable basis for not
having made the payment.
9.4. PROGRESS PAYMENTS
9.4.1. The Owner shall make payment in the manner and within the time provided in the Contract
Documents.
9.4.2. The Contractor shall promptly pay each Subcontractor no later than seven days after receipt of
payment from the Owner the amount to which said Subcontractor is entitled, reflecting percentages
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actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work.
The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to
make payments to Sub-subcontractors in a similar manner.
9.4.3. The Contractor is prohibited from holding higher amounts in retainage on any Subcontractor than
the Owner is holding from the Contractor.
9.4.4. Owner shall not have an obligation to pay, or to see to the payment of, money to a Subcontractor
except as may otherwise be required by law.
9.4.5. Contractor payment to material suppliers shall be made timely by Contractor.
9.4.6. Payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute
acceptance of Work not in accordance with the Contract Documents.
9.4.7. A one percent (1%) Montana Gross Receipts Tax will be withheld from all payments to the
Contractor in accordance with 15-50-205, et seq., MCA. The Contractor shall be responsible for
withholding the 1% gross receipts tax from payments made by the Owner to the Contractor for Work
performed by Subcontractors and the Contractor will file and transmit the necessary forms to the Montana
Department of Revenue attendant to such subcontracts within ten (10) days of the award of the
subcontract. All amounts withheld for the 1% gross receipts tax are in addition to any retainage amounts
otherwise authorized under the Agreement.
9.5. SUBSTANTIAL COMPLETION
9.5.1. Substantial Completion is the stage in the progress of the Work when the Work or designated
portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can
occupy or utilize the Work for its intended use.
9.5.2. When the Contractor considers that the Work, or a portion thereof which the Owner agrees to
accept separately, is Substantially Complete, the Contractor shall prepare and submit to the Owner a
comprehensive list of items to be completed or corrected (“Punch List”) prior to final payment. Failure to
include an item on such list does not alter the responsibility of the Contractor to complete all Work in
accordance with the Contract Documents.
9.5.3. In addition to the Punch List, the Contractor must submit the following with its request for a
determination of Substantial Completion:
a. A use and occupancy permit;
b. final test reports as required by the Contract and certificates of inspection and approval
required for use and occupancy;
c. Fire Inspection or report;
d. approvals from, and transfer documents for, all utilities;
e. Warranties and Guarantees and provided in this Contract; and
f. schedule to complete the Punch List and value of Work not yet complete.
9.5.4. Upon receipt of the Contractor's Punch List, the Owner will make an inspection to determine
whether the Work or designated portion thereof is substantially complete. If the Owner's Inspection
discloses any item, whether or not included on the Contractor's list, which is not sufficiently complete in
accordance with the Contract Documents so that the Owner can occupy or utilize the Work or designated
portion thereof for its intended use, the Contractor shall complete or correct such item upon notification by
the Owner.
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9.5.5. The Contractor shall ensure the project is Substantially Complete prior to requesting any
inspection by the Owner so that no more than one (1) inspection is necessary to determine Substantial
Completion for all or any portion of the Work. If the Contractor does not perform adequate inspections to
develop a comprehensive list as required in Subparagraph 9.8.2 and does not complete or correct such
items upon discovery or notification, the Contractor shall be responsible and pay for the costs of the
Owner’s additional inspections to determine Substantial Completion. Prior to the inspection, the
Contractor shall complete the final clean-up of the Project site which, unless otherwise stated in the
Contract Documents, shall consist of:
9.5.5.1 Removal of all debris and waste. All construction debris and waste shall be removed from
the campus grounds. Use of the Owner trash containers will not be permitted;
9.5.5.2 Removal of all stains, smears, marks of any kind from surfaces including existing
surfaces if said damage is the result of the work; and,
9.5.5.3 Removal of all temporary structures and barricades.
9.5.6. When the Owner determines that the Work or designated portion thereof is Substantially
Complete, the Contractor shall finish and complete all remaining items within thirty (30) calendar days.
The Owner shall identify and fix the time for completion of specific items which may be excluded from the
thirty (30) calendar day time limit. Failure to complete any items within the specified time frames may be
deemed by the Owner as default of the Contract on the part of the Contractor.
9.5.7. To the extent provided in the Contract Documents, the Owner, upon occupation by the Owner of
the Work in accordance with Section 9.9, will assume responsibility for security, operation, safety,
maintenance, heat, utilities, damage to the Work (other than damage caused by the Contractor) and
insurance.
9.5.8. Upon Substantial Completion, the Contractor will deliver custody and control of such Work to the
Owner. The Owner will thereafter provide the Contractor reasonable access to such Work to permit the
Contractor to fulfill the correction, completion and other responsibilities remaining under the Contract.
9.5.9. At the time of Substantial Completion, in addition to removing rubbish and leaving the building
“broom clean,” the Contractor must replace any broken or damaged materials, remove stains, spots,
marks and dirt from decorated Work, clean all fixtures, vacuum all carpets and wet mop all other floors,
replace HVAC filters, clean HVAC coils, and comply with such additional requirements, if any, which may
be specified in the Contract Documents.
9.6. PARTIAL OCCUPANCY OR USE
9.6.1. The Owner may occupy or use any completed or partially completed portion of the Work at any
stage when such portion is designated by separate agreement with the Contractor, provided such
occupancy or use is consented to by the insurer and authorized by public authorities having jurisdiction
over the Work. Such partial occupancy or use may commence whether or not the portion is substantially
complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to
each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work
and insurance, and have agreed in writing concerning the period for correction of the Work and
commencement of warranties required by the Contract Documents. When the Contractor considers a
portion Substantially Complete, the Contractor shall prepare and submit a list to the Owner as provided
under Subparagraph 9.8.2. Consent of the Contractor to partial occupancy or use shall not be
unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement
between the Owner and Contractor.
9.6.2. Immediately prior to such partial occupancy or use, the Owner and Contractor shall jointly inspect
the area to be occupied or portion of the Work to be used in order to determine and record the condition
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of the Work. Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work
shall not constitute acceptance of Work not complying with the requirements of the Contract Documents.
9.6.3. Any agreement as to the acceptance of Work not complying with the requirements of the Contract
Documents shall not be valid unless in writing. Unless otherwise agreed upon in writing, partial
occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not
complying with the requirements of the Contract Documents.
9.7. FINAL COMPLETION AND FINAL PAYMENT
9.7.1. When the Contractor has completed or corrected all items on the final Punch List and considers
that the Work is complete and ready for final acceptance, the Contractor must give written notice to the
Owner and request a final inspection of the Work as provided in Section 9.7.2. The Contractor’s notice
and request for final inspection must be accompanied by a final Application for Payment and the
Submittals required by Section 9.7.3.
9.7.2. Upon receipt of Contractor’s written notice that the Work is ready for final inspection and
acceptance and when the Owner determines that the Work has been fully completed and is acceptable
under the Contract Documents, Owner will arrange for final payment. The Contractor’s notice and
request for final inspection constitutes a representation by the Contractor to the Owner that the Work has
been completed in accordance with the terms and conditions of the Contract Documents. If the Owner
determines the work has not been completed in accordance with the terms and conditions of the Contract
Documents, the Contractor must bear the reasonable cost of any additional services of the Owner until
the Work is determined to be finally complete.
9.7.3. Neither final payment nor any remaining retainage shall become due until the Contractor submits:
9.7.3.1 an affidavit that payrolls, bills for materials and equipment, and other indebtedness
connected with the Work for which the Owner or the Owner's property might be responsible or
encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied;
9.7.3.2 a release or waiver of all claims except those that are pending. Notwithstanding
applicable Montana law, if any liens have been filed Contractor shall release, waive or indemnify
Owner therefrom;
9.7.3.3 a certificate evidencing that the Contractor’s liability insurance and Performance Bond
required by the Contract Documents remain in effect during the two-year correction period
following Substantial Completion as set forth in Section 12.2.2.1 and 12.2.2.2, and will not be
canceled or allowed to expire until at least 30 days' prior written notice has been given to the
Owner;
9.7.3.4 a written statement that the Contractor knows of no substantial reason that the insurance
will not be renewable to cover the period required by the Contract Documents;
9.7.3.5 Consent of Surety Company to Final Payment or other form prescribed by the Owner;
and,
9.7.3.6 if required by the Owner, other data establishing payment or satisfaction of obligations,
such as receipts, releases and waivers of liens, claims, security interests or encumbrances
arising out of the Contract, to the extent and in such form as may be designated by the Owner;
9.7.3.7 a certified building location survey and as-built site plan in the form and number required
by the Contract Documents;
9.7.3.8 all warranties and bonds required by the Contract Documents;
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9.7.3.9 Record Documents as provided in Section 3.11;
9.7.3.10 Attic stock items as required by the Contract Documents; and
9.7.3.11 documentation of approval by all authorities having jurisdiction that all necessary permits
and licenses have been issued in the name of the Owner as to allow closeout and satisfaction of
all requirements including the submission of acceptable as-built drawings and other required
documents.
9.7.3.12 final, approved operating and maintenance manuals; and
9.7.3.13 all documents and verification of training required in accordance with any
Commissioning Plan.
9.7.4. The Contractor and his surety accepts and assumes responsibility, liability, and costs for and
agrees to defend and hold harmless the Owner for and against any and all actions as a result of the
Owner making final payment.
9.7.5. The Contractor and his surety certify and declare that all bills for materials, supplies, utilities and
for all other things furnished or caused to be furnished by the Contractor and all Subcontractors and used
in the execution of the Contract will be fully paid upon receipt of Final Payment and that there are no
unpaid obligations, liens, claims, security interests, encumbrances, liabilities and/or demands of State
Agencies, subcontractors, suppliers, mechanics, laborers or any others resulting from or arising out of any
work done, caused to be done or ordered to be done by the Contractor under the Contract.
9.7.6. The date of Final Payment by the Owner shall constitute Final Acceptance of the Work. The
determining date for the expiration of the warranty period shall be as specified in Paragraphs 3.5 and
12.2.2.
9.7.7. If, after Substantial Completion of the Work, final completion thereof is materially delayed through
no fault of the Contractor or by issuance of Change Orders affecting final completion, the Owner shall,
upon application by the Contractor, and without terminating the Contract, make payment of the balance
due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully
completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have
been furnished, the written consent of surety to payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by the Contractor prior to certification of such payment.
Such payment shall be made under terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
9.7.8. Acceptance of final payment by the Contractor, a Subcontractor, or material supplier, shall
constitute a waiver of any and all obligations, liens, claims, security interests, encumbrances and/or
liabilities against the Owner except those previously made in writing per the requirements of Paragraph
4.3 and as yet unsettled at the time of submission of the final Application for Payment.
9.7.9. The Owner’s issuance of Final Payment does not constitute a waiver or release of any kind
regarding any past, current, or future claim the Owner may have against the Contractor and/or the surety.
10. ARTICLE 10 – PROTECTION OF PERSONS AND
PROPERTY
10.1. SAFETY PRECAUTIONS AND PROGRAMS
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the performance of the Contract. The Contractor shall maintain on site a
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material safety data sheet on all chemicals and potentially hazardous materials brought on site by the
Contractor or any subcontractor, supplier, or employee or agent of a subcontractor or supplier, including
but not limited to paints, thinners, glues, mastics and solvents. The safety data sheets will be provided to
the Owner upon Final Completion.
10.2 SAFETY OF PERSONS AND PROPERTY
10.2.1 The Contractor must take reasonable precautions for the safety of, and must provide reasonable
protection to prevent damage, injury or loss to:
10.2.1.1All persons at the Site and other persons who may be affected by the Work or other
operations of the Contractor;
10.2.1.2 the Work and materials and equipment to be incorporated therein or otherwise utilized in
the performance of the Contract, whether in storage on or off the Site, under care, custody or
control of the Contractor or the Contractor’s Subcontractors or Sub-subcontractors; and
10.2.1.3 other property at the Site or adjacent thereto, such as trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
10.2.2 The Contractor must repair and/or replace that portion of the work and any materials or
equipment to be incorporated therein and any tools or equipment of the Contractor necessary or
beneficial to performance of the Work which are damaged or stolen due to vandalism, theft or any other
criminal mischief at its expense whether or not covered by insurance. No increase in the Contract Sum
will be granted to the Contractor as a consequence of any delay, impacts or inefficiencies resulting from
any act of vandalism, theft or other criminal mischief whether or not caused or contributed to by the
Contractor’s negligence. The Parties may agree to an extension of Contract Time in such circumstances
as they agree is appropriate.
10.2.3 The Contractor must implement and maintain, as required by the Contract Documents, applicable
laws and regulations and orders of public authorities having jurisdiction (without limitation OSHA and
State of Montana safety agencies and authorities), manufacturers’ instructions or recommendations,
existing conditions and performance of the Contract, reasonable safeguards for safety and protection,
including issuing appropriate notices, distributing material safety data sheets and other hazard
communication information, providing protective clothing and equipment, posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.4 The Contractor shall erect and maintain, as required by existing conditions and performance of
the Contract, reasonable safeguards for safety and protection, including posting danger signs and other
warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
sites and utilities.
10.2.5 The Contractor must not load nor permit any part of any structure at the Site to be loaded or
subjected to stresses or pressures so as to endanger its safety or that of adjacent structures or property.
10.2.6 The Contractor shall reject the use of any Hazardous Material in the construction of the Project,
including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic
substances. It is the Owner's intent to design, specify and approve only materials and products for this
Project that are free of such hazardous material. If the Contractor becomes aware of that any
Subcontractor, material supplier or manufacturer intends to supply or install products or services for the
Project that contain such materials, the Contractor shall promptly notify the Owner, Engineer and GC/CM
in writing. Further, if any such materials are discovered in the course of the construction, the Contractor
shall notify the Owner, Engineer and GC/CM immediately. Construction Manager shall comply with all
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hazard communication requirements dictated by the Environmental Protection Agency, the Montana
Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable
City of Bozeman ordinances. When explosives or other hazardous materials or equipment are stored or
used or unusual methods are employed in the performance of the Work, the Contractor must exercise
utmost care and conduct such activities under supervision of properly qualified personnel.
10.2.7 If either party suffers injury or damage to person or property because of an act or omission of the
other party, or of any of the other party’s employees or agents, or of others for whose acts it is contended
that the other party is liable, written notice of such injury or damage, whether or not insured, must be
given to the other party within a reasonable time not exceeding twenty-one (21) days after the onset or
occurrence of such damage or injury or such shorter time as may be required by the Occupational Safety
Hazards Administration (OSHA). The notice must provide sufficient detail to enable the other party to
investigate the matter. If notice is not received within the time specified, any claim arising from the
occurrence will be deemed to be conclusively waived, except to the extent of any applicable insurance
(excluding self-insurance) coverage covering such occurrence. The provisions of this Section may not be
used by the Contractor in lieu of the requirements of Article 7 when the Contractor is seeking an
adjustment in the Contract Sum and are in addition to the requirements of Article 8 when the Contractor is
seeking an adjustment in the Contract Time.
10.2.8 The Contractor must promptly remedy, at its sole cost and expense, damage and loss to property
referred to in Sections 10.2.1.2 and 10.2.1.3 caused in whole or in part by the Contractor, a
Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by
anyone for whose acts they may be liable, unless otherwise instructed in writing by the Owner. This
obligation is in addition to, and not in limitation of, the Contractor’s obligations for indemnification under
Section 3.18 and the Contractor’s responsibility to repair and or replace that portion of the Work and any
materials and equipment to be incorporated therein which are damaged as a result of criminal mischief as
specified in Section 10.2.2.
10.2.9 The Contractor shall designate a responsible member of the Contractor’s organization at the Site
whose duty shall be the prevention of accidents. This person shall be the Contractor’s superintendent
unless otherwise designated by the Contractor in writing to the Owner.
10.3 HAZARDOUS MATERIALS
10.3.1 A “Hazardous Environmental Condition” means the presence at the Site of asbestos, PCBs,
Petroleum, Hazardous Waste (as defined in Section 1004 of the Solid Waste Disposal Act, 42 SUSC
Section 6903, as amended), or radioactive material (“Hazardous Materials”), in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto in
connection with the Work.
10.3.2 The Contractor is responsible for compliance with any requirements included in the Contract
Documents regarding hazardous materials. In the event the Contractor encounters on the Site material
reasonably believed to be a Hazardous Material (other than those for which the Contractor may have
specific responsibility for remediation under the Contract), and the Contractor’s reasonable precautions
will be inadequate to prevent foreseeable damage or injury and the Contractor cannot proceed with the
Work in the absence of the removal, containment or remediation of the Hazardous Material, the
Contractor must immediately stop Work in the area affected and report the condition to the Owner,
Engineer and GC/CM immediately upon discovery, followed by notice in writing within 24 hours of
discovery.
10.3.3 Upon receipt of notice of suspected Hazardous Materials, Owner will cause an investigation to be
made to verify the presence and extent of such materials, to determine whether such materials are in fact
hazardous, and the steps necessary for their removal, containment or remediation. Owner shall be
responsible for the cost of any such investigation, removal, containment or remediation.
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10.3.4 If the Owner’s investigation confirms the presence of Hazardous Materials which present a risk of
injury or damage which will not be adequately protected against by the Contractor’s reasonable
precautions, then the Work in the affected area must not thereafter be resumed except at the written
direction of the Owner. The Work in the affected area will be resumed promptly (i) in the absence of a
finding of Hazardous Material by the Owner, (ii) upon the removal, containment or remediation of the
Hazardous Materials, or (iii) upon the establishment of appropriate safety precautions.
10.3.5 The Contractor may request a change in the Contract Sum or Contract Time if the Contractor
incurs additional costs on account of or is delayed by the Owner’s work to remove, contain or remediate
Hazardous Materials which has not been rendered harmless at the Site unless the Contractor is
responsible for same under the Contract. Any such requested change in the Contract Sum or Contract
Time must be made in writing within ten (10) days of discovery of any Hazardous Materials, which has not
been rendered harmless giving rise to the request for the change and must fully comply with Articles 7, 8,
and 15 or any claim will be deemed conclusively waived by the Contractor.
10.3.5 The Owner shall not be responsible under this Section 10.3 for materials or substances the
Contractor brings to the Site unless such materials or substances are required by the Contract
Documents. The Owner shall be responsible for materials or substances required by the Contract
Documents, except to the extent of the Contractor’s fault or negligence in the use and handling of such
materials or substances.
10.3.6 To the fullest extent permitted by law, the Contractor shall defend, indemnify and hold harmless
the Owner from and against all claims, costs, losses, and damages (including but not limited to all fees
and charges of engineers, attorneys, and other professionals and all court, or other dispute resolution
costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by
anyone for whom Contractor is responsible, except to the extent such claims are due to the Owner’s fault
or negligence.
10.4 EMERGENCIES
In an emergency affecting safety of persons or property, the Contractor must take all necessary action,
without the necessity for any special instruction or authorization from the Owner, to prevent threatened
damage, injury or loss. The Contractor must promptly, but in all events within twenty-four (24) hours of
the emergency, report such action in writing to the Owner. If the Contractor incurs additional costs on
account of or is delayed by such emergency, the Contractor may request a change in the Contract Sum or
Contract Time to account for such additional costs or delay in accordance with Articles 7, 8 and 15. The
Contractor must file any such request within ten (10) days of the emergency or it is deemed waived. Any
adjustment in the Contract Sum or Contract Time shall be limited to the extent that the emergency work is
not attributable to the fault or neglect of the Contractor or otherwise the responsibility of the Contractor
under the Contract Documents.
10.5. UTILITIES
10.5.1. Underground Utilities: Buried utilities, including, but not limited to, electricity, gas, water,
telephone, sewer, broadband coaxial computer cable, and fiber optic cables are very vulnerable and
damage could result in loss of service.
10.5.2. "One Call” must be notified by phone and in writing at least 72 hours (3 business days) prior to
digging to arrange and assist in the location of buried utilities in the field. (Dial 811). The Contractor shall
mark the boundary of the work area. The boundary area shall be indicated with white paint and white
flags. In winter, pink paint and flags will be accepted.
10.5.3. After buried utilities have been located, the Contractor shall be responsible for any utilities
damaged while digging. Such responsibility shall include all necessary care including hand digging.
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Contractor’s responsibility shall also include maintaining markings after initial locate. The area for such
responsibility, unless otherwise indicated, shall extend 24 inches to either side of the marked center line
of a buried utility line.
10.5.4. The Contractor's responsibility shall include repair or replacement of damaged utilities. The
Contractor will also be responsible for all costs associated with reterminations and recertification.
10.5.5. Any buried utilities exposed by the operations of the Contractor shall be marked on the plans and
adequately protected by the Contractor. If any buried utilities not located are exposed, the Contractor
shall immediately contact the Owner, Engineer and GC/CM. If, after exposing an unlocated buried utility,
the Contractor continues digging without notifying Owner, Engineer and GC/CM and further damages the
utility, the Contractor will be fully and solely responsible.
10.5.6. Damage to irrigation systems during seasons of no irrigation that are not immediately and
adequately repaired and tested will require the Contractor to return when the system is in service to
complete the repair.
11. ARTICLE 11 - INSURANCE AND BONDS
11.1. CONTRACTOR'S LIABILITY INSURANCE
11.1.1 The Contractor shall carry and maintain, as part of the Contract Sum, the following insurance
coverage insuring the Owner and Project while under construction and all material and supplies
purchased in connection with the construction of the Project against all risks and losses. Contractor shall
give Owner immediate notice of any material reduction, cancellation, termination or non-renewal of the
insurance required by this Section 11.1. Any company writing this insurance shall at all times be licensed
and qualified to do business in the State of Montana. Contractor’s insurance shall be primary and non-
contributory. Such insurance shall include:
11.1.1.1 Commercial General Liability with a minimum limit of liability of Ten Million Dollars
($10,000,000), for bodily injury and property damage coverage per occurrence including the
following coverages: Contractual Liability; Premises and Operations; Independent Contractors;
Personal Injury; Products and Completed Operations; and explosion, collapse and underground
event. The policy must name the City of Bozeman as additional insureds.
11.1.1.2 Automobile Liability Insurance of not less than Two Million Dollars ($2,000,000)
combined single limit per occurrence to include coverage for owned, non-owned, hired motor
vehicles, and automobile contractual liability. Coverage for underinsured/uninsured motorists
shall be for not less than One Million Dollars ($1,000,000). The policy must name Gallatin County
and the City of Bozeman as additional insureds.
11.1.1.3 Worker’s Compensation/Employer’s Liability meeting all statutory requirements of the
State of Montana and with the following minimum Employers’ Liability limits: bodily injury by
accident – One Million Dollars ($1,000,000) each accident; bodily injury by disease – One Million
Dollars ($1,000,000) policy limits; and bodily injury by disease – One Million Dollars ($1,000,000)
each employee.
Contractor shall not commence work under this Agreement until such insurance has been obtained and
certificates of insurance, with binders, or certified copies of the insurance policy including additional
insureds endorsement shall have been filed with the Owner.
The insurance requirements of this Section 11.1 shall also apply in full to all Subcontractors hired to
perform the Work, provided Contractor and Owner may mutually agree in writing to different coverage
limits for Subcontractor(s).
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11.1.2 The insurance required by Section 11.1.1 shall be written for not less than limits of liability
specified in the Contract Documents or required by law, whichever coverage is greater. Coverages,
whether written on an occurrence or claims-made basis, shall be maintained without interruption from the
date of commencement of the Work until two years after the date of Substantial Completion, and, with
respect to the Contractor’s completed operations coverage, until the expiration of the period for correction
of Work or for such other period for maintenance of completed operations coverage as specified in the
Contract Documents.
11.1.3 Certificates of insurance acceptable to the Owner shall be filed with the Owner prior to
commencement of the Work and thereafter upon renewal or replacement of each required policy of
insurance and upon request by Owner. An additional certificate evidencing continuation of liability
coverage, including coverage for completed operations, shall be submitted with the final Application for
Payment as required by Section 9.7.2 and thereafter upon renewal or replacement of such coverage until
the expiration of the time required by Section 11.1.2. Information concerning reduction of coverage on
account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the
Contractor with reasonable promptness.
11.1.4 The Contractor shall cause the commercial liability coverage required by the Contract Documents
to include (1) the City of Bozeman as additional insured for claims caused in whole or in part by the
Contractor’s negligent acts or omissions during the Contractor’s operations; and (2) the City of Bozeman
as additional insured for claims caused in whole or in part by the Contractor’s negligent acts or omissions
during the Contractor’s completed operations.
11.2 OWNER’S LIABILITY INSURANCE
The City shall maintain coverage for its risks through the Montana Municipal Interlocal Authority.
11.3 PROPERTY INSURANCE
11.3.1 Unless otherwise provided, the Contractor shall purchase and maintain, in a company or
companies lawfully authorized to do business in Montana, property insurance written on a Installation
Floater policy form in the amount of the initial Contract Sum, plus value of subsequent Contract
Modifications and cost of materials supplied or installed by others, comprising total value for the entire
Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall
be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all
persons and entities who are beneficiaries of such insurance, until final payment has been made as
provided in Section 9.10 or until no person or entity other than the Owner has an insurable interest in the
property required by this Section 11.3 to be covered, whichever is later. This insurance shall include
interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors in the Project.
11.3.1.1 Property insurance shall be on an “all-risk” policy form and shall include, without
limitation, insurance against the perils of fire (with extended coverage) and physical loss or
damage including, without duplication of coverage, theft, vandalism, malicious mischief, collapse,
earthquake, flood, windstorm, falsework, testing and startup, and debris removal including
demolition occasioned by enforcement of any applicable legal requirements, and shall cover
reasonable compensation for Contractor’s services and expenses required as a result of such
insured loss. The Parties may mutually agree in writing to separate limits for insurance covering
the risk of flood and/or earthquake.
11.3.1.2 If the property insurance requires deductibles, the Owner shall pay costs not covered
because of such deductibles. The Owner waives all rights of action against the Contractor for loss
of use of the Owner’s property, including consequential losses due to fire or other hazards
however caused.
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11.3.1.3 This property insurance shall cover portions of the Work stored off the site, and also
portions of the Work in transit.
11.3.1.4 Partial occupancy or use in accordance with Section 9.9 shall not commence until the
insurance company or companies providing property insurance have consented to such partial
occupancy or use by endorsement or otherwise. The Owner and the Contractor shall take
reasonable steps to obtain consent of the insurance company or companies and shall, without
mutual written consent, take no action with respect to partial occupancy or use that would cause
cancellation, lapse or reduction of insurance.
11.3.2 BOILER AND MACHINERY INSURANCE
The Contractor shall purchase and maintain boiler and machinery insurance required by the Contract
Documents or by law, which shall specifically cover such insured objects during installation and until final
acceptance by the Owner; this insurance shall include interests of the Owner, Contractor, Subcontractors
and Sub-subcontractors in the Work, and the Owner and Contractor shall be named insureds.
11.3.3 LOSS OF USE INSURANCE
The Owner, at the Owner’s option, may maintain such insurance as will insure the Owner against loss of
use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of
action against the Contractor for loss of use of the Owner’s property, including consequential losses due
to fire or other hazards however caused.
11.3.4 If the Contractor requests in writing that insurance for risks other than those described herein or
other special causes of loss be included in the property insurance policy, the cost thereof shall be charged
to the Contractor by appropriate Change Order.
11.3.5 If Asbestos Abatement is identified as part of the Work under this contract, the Contractor or any
subcontractor involved in asbestos abatement shall purchase and maintain Asbestos Liability Insurance
for coverage of bodily injury, sickness, disease, death, damages, claims, errors or omissions regarding
the asbestos portion of the work in addition to the CGL Insurance by reason of any negligence in part or
in whole, error or omission committed or alleged to have been committed by the Contractor or anyone for
whom the Contractor is legally liable. Such insurance shall be in “per occurrence” form and shall clearly
state on the certificate that asbestos work is included in the following limits:
$1,000,000 per occurrence; aggregate limit of $2,000,000.
Asbestos Liability Insurance as carried by the asbestos abatement subcontractor in these limits in
lieu of the Contractor’s coverage is acceptable provided the Contractor and the City of Bozeman
are named as additional insureds and that the abatement subcontractor’s insurance is PRIMARY
as respects both the Owner and the Contractor. If the Contractor or any other subcontractor
encounters asbestos, all operations shall be suspended until abatement with the associated air
monitoring clearances are accomplished. The certificate of coverage shall be provided by the
asbestos abatement subcontractor to both the Contractor and the Owner.
11.3.6 Before an exposure to loss may occur, the Contractor shall file with the Owner a copy of each
policy that includes insurance coverages required by this Section 11.3. Each policy shall contain all
generally applicable conditions, definitions, exclusions and endorsements related to this Project. Each
policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits
will not be reduced, until at least 30 days’ prior written notice has been given to the Owner.
11.3.7 A loss insured under the Owner’s property insurance shall be adjusted by the Owner and made
payable to the Owner, subject to requirements of any applicable mortgagee clause. The Contractor shall
pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by
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appropriate agreements, written where legally required for validity, shall require Subcontractors to make
payments to their Sub-subcontractors in similar manner.
11.4 PERFORMANCE BOND AND LABOR & MATERIAL PAYMENT BOND (BOTH ARE REQUIRED
ON THIS PROJECT)
11.4.1 The Contractor shall furnish a Performance Bond and Labor and Material Payment Bond meeting
all statutory requirements of the State of Montana, in form and substances satisfactory to the Owner and,
without limitation, complying with the following specific requirements:
11.4.1.1 Except as otherwise required by statute, the form and substance of such bond(s) shall be
satisfactory to the Owner in the Owner’s sole judgment.
11.4.1.2 Bond(s) shall be executed by a responsible surety licensed in Montana and listed in the
latest U.S. Dept. of Treasury Circular #570, with a Best’s rating of no less than A/XII. Said bonds
shall remain in effect through the warranty period, and until all of the Contractor’s obligations to
the Owner are fulfilled.
11.4.1.3 The Performance Bond and the Labor and Material Payment Bond shall be in an amount
equal to or exceeding one hundred percent (100%) of the Contract Sum.
11.4.1.4 The Contractor shall require the attorney-in-fact who executes the required bond(s) on
behalf of the surety to affix thereto a certified and current copy of his power of attorney indicating
the monetary limit of such power.
11.4.1.5 Every Bond under this Paragraph 11.4.1 must display the Surety’s Bond Number. A rider
including the following provision shall be attached to each Bond: (1)Surety agrees that it is
obligated under the bond(s) to any successor, grantee or assignee of the Owner.
11.4.1.6 The City of Bozeman shall be named as obligee on the bonds.
The Contractor shall deliver the required bonds to the Owner not later than three (3) days following the
date the Guaranteed Maximum Price Amendment is executed and prior to the commencement of the
Construction Phase. Premiums for all bonds shall be part of the Contract Sum.
11.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy
of the bonds or shall authorize a copy to be furnished.
11.4.3 The Contractor shall keep the surety informed of the progress of the Work, and, where necessary,
obtain the surety’s consent to, or waiver of: (a) notice of changes in the Work; (b) request for reduction or
release of retention; (c) request for final payment; and (d) any other material required by the surety. The
Owner may, in the Owner’s sole discretion, inform surety of the progress of the Work and obtain consents
as necessary to protect the Owner’s rights, interest, privileges and benefits under and pursuant to any
bond issued in connection with the Work.
12. CORRECTION OF WORK
12.1. BEFORE OR AFTER SUBSTANTIAL COMPLETION
12.1.1. The Contractor shall promptly correct Work that fails to conform to the requirements of the
Contract Documents, whether discovered before or after Substantial Completion and whether or not
fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and
inspections made necessary thereby, shall be at the Contractor's expense. The Contractor is responsible
to discover and correct all defective work and shall not rely upon the Owner’s observations.
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12.1.2 Rejection and Correction of Work in Progress. During the course of the Work, the Contractor shall
inspect and promptly reject any Work that:
12.1.2.1. does not conform to the Construction Documents; or,
12.1.2.2. does not comply with any applicable law, statute, building code, rule or regulation of any
governmental, public and quasi-public authorities, and agencies having jurisdiction over the
Project.
12.1.3. The Contractor shall promptly correct or require the correction of all rejected Work, whether
observed before or after Substantial Completion. The Contractor shall bear all costs of correcting such
Work, including additional testing, inspections, and compensation for all services and expenses
necessitated by such corrective action.
12.2. AFTER SUBSTANTIAL COMPLETION AND AFTER FINAL ACCEPTANCE
12.2.1.In addition to the Contractor's obligations under Paragraph 3.5, if, within one year after the date of
Substantial Completion or after the date for commencement of warranties, or by terms of an applicable
special warranty required by the Contract Documents, any of the Work is found to be not in accordance
with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of
written notice from the Owner to do so unless the Owner has previously given the Contractor a written
acceptance of such condition The Owner shall give such notice promptly after discovery of the condition.
During the one-year period for correction of Work, if the Owner fails to notify the Contractor and give the
Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the
Contractor and to make a claim for breach of warranty. If the Contractor fails to correct nonconforming
Work within a reasonable time during that period after receipt of notice from the Owner, the Owner may
correct it in accordance with Paragraph 2.3.
12.2.2. The Contractor shall remedy any and all deficiencies due to faulty materials or workmanship and
pay for any damage to other work resulting there from, which shall appear within the period of Substantial
Completion through one (1) year from the date of Substantial Completion in accordance with the terms
and conditions of the Contract and with any special guarantees or warranties provided in the Contract
Documents. The Owner shall give notice of observed deficiencies with reasonable promptness. All
manufacturer, product and supplier warranties are in addition to this Contractor warranty.
12.2.3.The Contractor shall respond within seven (7) days after notice of observed deficiencies has been
given and he shall proceed to immediately remedy these deficiencies.
12.2.4. Should the Contractor fail to respond to the notice or not remedy those deficiencies; the
Owner shall have this work corrected at the expense of the Contractor.
12.2.5. Latent defects shall be in addition to those identified above and shall be the responsibility of the
Contractor per the statute of limitations for a written contract (27- 2-208 MCA) starting from the date of
Final Acceptance.
12.2.6. The one-year period for correction of Work shall be extended with respect to portions of Work first
performed after Substantial Completion by the period of time between Substantial Completion and the
actual performance of the Work.
12.2.7. The one-year period for correction of Work shall not be extended by corrective Work performed by
the Contractor pursuant to this Paragraph 12.2.
12.2.8. The Contractor shall remove from the site portions of the Work which are not in accordance with
the requirements of the Contract Documents and are neither corrected by the Contractor nor accepted by
the Owner.
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12.2.9. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether
completed or partially completed, of the Owner or separate contractors caused by the Contractor's
correction or removal of Work which is not in accordance with the requirements of the Contract
Documents.
12.2.10.Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with
respect to other obligations which the Contractor might have under the Contract Documents.
Establishment of the one-year period for correction of Work as described in Subparagraph 12.2.2 relates
only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time
within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to
the time within which proceedings may be commenced to establish the Contractor's liability with respect
to the Contractor's obligations other than specifically to correct the Work.
12.3. ACCEPTANCE OF NONCONFORMING WORK
12.3.1. If the Owner prefers to accept Work which is not in accordance with the requirements of the
Contract Documents, the Owner may do so instead of requiring its removal and correction, in which case
the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected
whether or not final payment has been made.
13. ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1. GOVERNING LAW
The Contract shall be governed by the laws of the State of Montana and venue for all legal proceedings
shall be the Eighteenth Judicial District, Gallatin County.
13.2. SUCCESSORS AND ASSIGNS
The Owner and Contractor respectively bind themselves, their partners, successors, assigns and legal
representatives to the other party hereto and to partners, successors, assigns and legal representatives
of such other party in respect to covenants, agreements and obligations contained in the Contract
Documents. Neither party to the Contract shall assign the Contract as a whole without written consent of
the other. If either party attempt to make such assignment without such consent, that party shall
nevertheless remain legally responsible for all obligations under the Contract.
13.3. WRITTEN NOTICE
Written notices are to be provided to the representatives of the parties designated in this Contract.
Written notices are deemed to have been duly served if delivered in person to the addressee for whom it
was intended, or if delivered by electronic mail, fax, certified mail, or overnight courier. The date of any
notice is deemed to be the date of personal delivery, fax, or electronic mail; one day after delivery to the
overnight courier; and three days after mailing by certified mail.
13.4. RIGHTS AND REMEDIES
13.4.1. Duties and obligations imposed by the Contract Documents and rights and remedies available
thereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise
imposed or available by law.
13.4.2. No action or failure to act by the Owner or Contractor shall constitute a waiver of a right or duty
afforded them under the Contract, nor shall such action or failure to act constitute approval of or
acquiescence in a breach thereunder, except as may be specifically agreed in writing.
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13.5. TESTS AND INSPECTIONS
13.5.1. Tests, inspections and approvals of portions of the Work required by the Contract Documents or
by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at
an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests,
inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or
with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals.
The Contractor shall give timely notice of when and where tests and inspections are to be made so that
the Owner, Engineer or GC/CM may be present for such procedures. The Owner shall bear costs of tests,
inspections or approvals which do not become requirements until after negotiations concluded.
13.5.2. If the Owner or public authorities having jurisdiction determine that portions of the Work require
additional testing, inspection or approval not included under Subparagraph 13.5.1, the Owner will instruct
the Contractor to make arrangements for such additional testing, inspection or approval by an entity
acceptable to the Owner, and the Contractor shall give timely notice of when and where tests and
inspections are to be made so that the Owner, Engineer or GC/CM may be present for such procedures.
Such costs, except as provided in Subparagraph 13.5.3 shall be at the Owner's expense.
13.5.3. If such procedures for testing, inspection or approval under Subparagraphs 13.5.1 and 13.5.2
reveal failure of the portions of the Work to comply with requirements established by the Contract
Documents, all costs made necessary by such failure including those of repeated procedures shall be at
the Contractor's expense.
13.5.4. Required certificates of testing, inspection or approval shall, unless otherwise required by the
Contract Documents, be secured by the Contractor.
13.5.5. Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to
avoid unreasonable delay in the Work.
13.6. INTEREST
Payments due and unpaid under the Contract Documents shall bear interest from the date payment is
due at such rate as the parties may agree upon in writing or, in the absence thereof, at the legal rate
prevailing from time to time at the place where the Project is located.
13.7. COMMENCEMENT OF STATUTORY LIMITATION PERIOD
13.7.1. As between the Owner and Contractor:
13.7.1.1.Before Substantial Completion. As to acts or failures to act occurring prior to the relevant
date of Substantial Completion, any applicable statute of limitations shall commence to run and
any alleged cause of action shall be deemed to have accrued in any and all events not later than
such date of Substantial Completion;
13.7.1.2. Between Substantial Completion and Final Certificate for Payment. As to acts or failures
to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance
of the final Certificate for Payment, any applicable statute of limitations shall commence to run
and any alleged cause of action shall be deemed to have accrued in any and all events not later
than the date of issuance of the final Certificate for Payment; and,
13.7.1.3. After Final Payment. As to acts or failures to act occurring after the relevant date of
issuance of the final Certificate for Payment, any applicable statute of limitations shall commence
to run and any alleged cause of action shall be deemed to have accrued in any and all events not
later than the date of any act or failure to act by the Contractor pursuant to any Warranty provided
under Paragraph 3.5, the date of any correction of the Work or failure to correct the Work by the
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Contractor under Paragraph 12.2, or the date of actual commission of any other act or failure to
perform any duty or obligation by the Contractor or Owner, whichever occurs last.
13.8. DOCUMENT RETENTION AND AUDIT PROVISIONS
Contractor shall account for all materials, equipment and labor entering into the Work and must keep such
full and detailed records as may be necessary for proper financial management pursuant to the Contract
Documents for a period of five (5) years after final payment. Furthermore, the Owner has the right to
examine the Contractor’s and its Subcontractors’ and suppliers’ records directly or indirectly pertaining or
relating to the Work or the Contract and the Contractor must grant the Owner access to and an
opportunity to copy such records at all reasonable times during the Contract period and for five (5) years
after final payment.
14. ARTICLE 14 – TERMINATION OR SUSPENSION OF THE
CONTRACT
14.1. TERMINATION BY THE CONTRACTOR
14.1.1. The Contractor may terminate the Contract if the Work is stopped for a period of 30 consecutive
days through no act or fault of the Contractor or a Subcontractor, Sub-subcontractor or their agents or
employees or any other persons or entities performing portions of the Work under direct or indirect
contract with the Contractor, for any of the following reasons:
14.1.1.1. issuance of an order of a court or other public authority having jurisdiction which
requires all Work to be stopped; or,
14.1.1.2. an act of government, such as a declaration of national emergency which requires all
Work to be stopped.
14.1.2. The Contractor may terminate the Contract if, through no act or fault of the Contractor or a
Subcontractor, Sub-subcontractor or their agents or employees or any other persons or entities
performing portions of the Work under direct or indirect contract with the Contractor, repeated
suspensions, delays or interruptions of the entire Work by the Owner as described in Paragraph 1.4.3
constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,
or 120 days in any 365-day period, whichever is less.
14.1.3. If one of the reasons described in Subparagraph 14.1.1 or 14.1.2 exists, the Contractor may,
upon seven days' written notice to the Owner, terminate the Contract and recover from the Owner
payment for Work executed and for proven loss with respect to materials, equipment, tools, and
construction equipment and machinery, including reasonable overhead and profit but not damages.
14.1.4. If the Work is stopped for a period of 60 consecutive days through no act or fault of the Contractor
or a Subcontractor or their agents or employees or any other persons performing portions of the Work
under contract with the Contractor because the Owner has persistently failed to fulfill the Owner's
obligations under the Contract Documents with respect to matters important to the progress of the Work,
the Contractor may, upon seven additional days' written notice to the Owner, terminate the Contract and
recover from the Owner as provided in Subparagraph 14.1.3.
14.2. TERMINATION BY THE OWNER FOR CAUSE
14.2.1. The Owner may terminate the Contract if the Contractor:
14.2.1.1. repeatedly refuses or fails to supply enough properly skilled workers or proper materials;
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14.2.1.2. fails to make payment to Subcontractors for materials or labor in accordance with the
respective agreements between the Contractor and the Subcontractors;
14.2.1.3. fails to comply with any laws, ordinances, or rules, regulations or orders of a public
authority having jurisdiction;
14.2.1.4. Fails to perform the Work in accordance with the Contract Documents or otherwise
materially breaches any provision of the Contract Documents;
14.2.1.5. Anticipatorily breaches or repudiates the Contract; or
14.2.1.6.Fails to make satisfactory progress in the prosecution of the Work required by the
Contract.
14.2.2. The Owner may terminate the Contract, in whole or in part, whenever the Owner determines in
good faith that sufficient cause for termination exist as provided in Subsection 14.2.1. The Owner will
provide the Contractor with a written ten (10) day notice to cure the default. If the default is not cured, the
termination for default is effective on the date specified in the Owner’s written notice. However, if the
Owner determinates that default contributes to the curtailment of an essential service or poses an
immediate threat to life, health, or property, the Owner may terminate the Contract immediately upon
issuing oral or written notice to the Contractor without any prior notice or opportunity to cure. In addition
to any other remedies provided by law or the Contract, the Contractor must compensate the Owner for
additional costs actually incurred by the Owner to obtain substitute performance. Following written notice
for the Owner of termination, the Owner may, subject to any prior rights of the surety:
14.2.2.1. take possession of the site and of all materials, equipment, tools, and construction
equipment and machinery thereon owned by the Contractor;
14.2.2.2. accept assignment of subcontracts pursuant to Paragraph 5.4; and,
14.2.2.3. finish the Work by whatever reasonable method the Owner may deem expedient. Upon
request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the
costs incurred by the Owner in finishing the Work.
14.2.3. Upon receipt of written notice from the Owner of termination, the Contractor must:
14.2.3.1 Cease operations as directed by the Owner in the notice and, if required by the Owner,
reasonably cooperate in an inspection of the Work with the Owner to record the extent of
completion thereof, to identify the Work remaining to be completed or corrected;
14.2.3.2 Complete or correct the items directed by the Owner, and take actions necessary, or that
the Owner may direct, for the protection and preservation of any stored materials and completed
Work;
14.2.3.3 Remove its tools, equipment and construction machinery from the Site; and
14.2.3.4 Except as directed by the Owner, terminate all existing subcontracts and purchase
orders and enter into no further subcontracts or purchase orders.
14.2.4. When the Owner terminates the Contract for one of the reasons stated in Subparagraph 14.2.1,
the Contractor shall not be entitled to receive further payment until the Work is finished.
14.2.5. If the unpaid balance of the Contract Sum exceeds costs of finishing the Work made necessary
thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid
to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the
difference to the Owner.
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14.2.6. If the Contractor files for protection, or a petition is filed against it, under the Bankruptcy laws, and
Contractor wishes to affirm the Contract, Contractor shall immediately file with the Bankruptcy Court a
motion to affirm the Contract and shall provide satisfactory evidence to Owner and to the Court of its
ability to cure all present defaults and its ability to timely and successfully complete the Work. If
Contractor does not make such an immediate filing, Contractor accepts that Owner shall petition the
Bankruptcy Court to lift the Automatic Stay and permit Owner to terminate the Contract.
14.3. SUSPENSION BY THE OWNER FOR CONVENIENCE
14.3.1. The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the
Work in whole or in part for such period of time as the Owner may determine.
14.3.2. The Contract Sum and Contract Time shall be equitably adjusted for increases in the cost and
time caused by suspension, delay or interruption as described in Subparagraph 14.3.1. Adjustment of the
Contract Sum shall include profit. No adjustment shall be made to the extent:
14.3.2.1. that performance is, was or would have been so suspended, delayed or interrupted by
another cause for which the Contractor is responsible; or,
14.3.2.2. that an equitable adjustment is made or denied under another provision of the Contract.
14.4. TERMINATION BY THE OWNER FOR CONVENIENCE
14.4.1. The Owner may, at any time, terminate the Contract or any portion thereof or of the Work for the
Owner's convenience and without cause.
14.4.2. Upon receipt of written notice from the Owner of such termination for the Owner's convenience,
the Contractor shall:
14.4.2.1. cease operations as directed by the Owner in the notice and, if required by the Owner,
participate in an inspection of the Work with the Owner to record the extent of completion thereof,
to identify the Work remaining to be completed or corrected;
14.4.2.2. Complete or correct the items directed by the Owner, and take actions necessary, or
that the Owner may direct, for the protection and preservation of the Work;
14.4.2.3. Remove its tools, equipment and construction machinery from the Site; and
14.4.2.4. Except for Work directed to be performed prior to the effective date of termination stated
in the notice, terminate all existing subcontracts and purchase orders and enter into no further
subcontracts and purchase orders.
14.4.3 Following written notice from the Owner of termination, the Owner may:
14.4.3.1 Take possession of the Site and of all materials for which the Owner has paid;
14.4.3.2 Accept assignment of subcontracts and purchase orders; and
14.4.3.3 Complete the Work by whatever reasonable method the Owner may deem expedient.
14.4.4. In case of such termination for the Owner's convenience, the Contractor shall be entitled to
compensation only for the following items:
14.4.4.1 Payment for acceptable Work performed up to the date of termination, including
Contractor’s fee;
14.4.4.2 The costs of preservation and protection of the Work if requested to do so by the Owner;
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14.4.4.3 The cost of terminating the following contracts including:
(i.) Purchased materials but only if not returnable and provided to the Owner, or the
restocking or return charge, if any, if returnable at the Owner’s written election;
(ii.) Equipment rental contracts if not terminable at no cost but not to exceed an amount
equal to thirty (30) days rental;
14.4.4.4 Documented transportation costs associated with removing Contractor-owned
equipment; and
14.4.4.5 Documented demobilization and close-out costs.
The Contractor will not be compensated for the cost of terminating subcontracts, which must be
terminable at no cost to the Owner if the Contract is terminated, except for those costs listed in Section
14.4.4.1 through 14.4.4.5. If the Owner and the Contractor are unable to agree upon the amounts
specified in this subsection, the Contractor may submit a Claim as provided in Section 4.3. The Claim
must be limited to resolution of the amounts specified in Subsections 14.4.4.1, 14.4.4.2, 14.4.4.3,
14.4.4.4, and 14.4.4.5 of this Subsection 14.4.4. No other cost, damages or expenses may be claimed or
paid to the Contractor or considered as part of the Claim, the same being hereby conclusively and
irrevocably waived by the Contractor. Any such Claim must be delivered to the Owner within thirty (30)
days of the termination of the Contract and must contain a written statement setting forth the specific
reasons and supporting calculations and documentation as to the amounts the Contractor claims to be
entitled to under this Subsection as a result of the termination of the Contract.
14.4.5. The Contractor’s obligations surviving final payment under the Contract, including without
limitation those with respect to insurance, indemnification, and correction of Work that has been
completed at the time of termination, remains effective notwithstanding termination for convenience of the
Owner.
15. ARTICLE 15 – EQUAL OPPORTUNITY
The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the
basis of merit and qualifications. The Contractor shall have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and
contracts. The City of Bozeman requires that Contractor shall not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental disability, marital status
or sex distinction. The Contractor shall require these nondiscrimination terms of its Subcontractors.
[END OF GENERAL CONDITIONS]
207
COOP PRICING PROPOSAL
BOZEMAN SPORTS PARK
June 2, 2025
FieldTurf USA Inc. is pleased to present the following proposal. FieldTurf USA Inc. is pleased to
present the following proposal. FieldTurf pricing is based on the current FieldTurf GSA Contract
(GS-07F-9631S).
Click on the following GSA hyperlink for contract due diligence documentation:
GSA Contract (GS-07F-9631S)
Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52
208
COOP PRICING PROPOSAL
ADD Alternate No. 3: 10’ Chainlink Fence LUMP SUM
Furnish & install 560 LF of 10’ galvanized chainlink fence on North and
South side of field per plan. ADD
Total $ 34,848.00
Bozeman Sports Park (MT) – Field 13 Football/Soccer LUMP SUM
FieldTurf Vertex Prime 2.25” (FTVTP-57) on approx. 100,008 SF
Price includes:
CONSTRUCTION
a) Mobilization upon completion of mass grading by others.
a. Note: As requested, pricing excludes mass grading of site per plans and all associated items with the mass grading (erosion control, hydroseeding of stockpile area, work at stockpile area).
b) Construction Survey & Layout
c) Acceptance of subgrade within .1’.
d) Soil Stabilization of Field Proper
b. Soil stabilization area to be 100,008 SF plus one foot of
oversize at perimeter of field per owner’s request.
c. Assumed 4-5% cement at a depth of 12”.
e) Laser grade & compact subgrade again after soil stabilization
f) Haul additional (swelled) soils after soil stabilization.
g) Furnish & install Subdrain drainage system in field.
a. Note: as the final design is not in hand for this, we assumed
the exact same scope as field 7. Scope includes:
d. West Side Subdrain to be 402 LF and maintaining plan depths
for drainage rock.
e. North Subdrain to be 246 LF with 12” pipe and 6” drainage
rock on all sides of the pipe and 0.5% slope on pipe.
f. Three (3) nyloplast basins
g. Includes all excavation, fabric, pipe & rock
h) Furnish & install geotextile fabric (500x or equivalent) on subgrade
and within drainage trench with minimum 12” overlap.
$ 1,352,577.00
Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52
209
COOP PRICING PROPOSAL
i) Furnish & install 6”x12” concrete curb at perimeter of new field (1,300
LF). Note: plans do not show a curb on the 4th side, but this will be
necessary for synthetic turf.
j) Furnish & install 2”x4” nailer board at new concrete curb for turf
attachment.
k) Furnish & install 4” permeable base stone on field (100,008 SF)
l) Furnish & install 2” permeable top stone under field (100,008 SF)
m) Laser grade field for turf installation tolerances
Note: All asphalt, fence, mass grading, demo, storm outside of field, concrete
other that field curb is by others.
SYNTHETIC TURF FIELD
n) Installation of the artificial in-filled grass surface upon a suitable base.
o) Inlaid Football and Soccer markings.
p) An (8) year 3rd party pre-paid insured warranty on the FieldTurf
artificial grass surface.
q) Maintenance Equipment (1) FieldSweep.
Performance & Payment Bonds $ 20,593.00
Total $ 1,373,170.00
PRODUCT DETAILS
FieldTurf, the worldwide leader in artificial turf, is pleased to offer the FieldTurf Vertex Prime Systems,
with the following product characteristics:
FIELD 7 - RUGBY/SOCCER
Pile Height: 2.5 Inches
Infill Weight: 9.6lbs sand & 1.8lbs cryogenic rubber per sq.ft.
Pile Weight: 47 oz/yd2
Pad System: ThermaGreen 20mm
FIELD 13 - FOOTBALL/SOCCER
Pile Height: 2.25 Inches
Infill Weight: 6.2lbs sand & 2.2lbs cryogenic rubber per sq.ft.
Pile Weight: 43 oz/yd2
Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52
210
COOP PRICING PROPOSAL
FieldTurf has taken the necessary steps to ensure that your project will run smoothly and that the quality
promised will be the quality delivered.
PRICE DOES NOT INCLUDE:
a) Design services (already under agreement).
b) Any costs associated with necessary changes relating to the delineation of the field.
c) Demolition or mass grading of sites (see alternate #1).
d) Soil stabilization under pathways.
e) Asphalt walkway.
f) Hauling offsite of excess material.
g) Boring for utilities.
h) Winter conditions or winter work at any time.
i) Dewatering.
j) Irrigation.
k) Concrete other than field curb.
l) Flat tile or collector on South end of field.
m) Fencing of any kind (see alternates for field 7).
n) Any electrical work or lighting of any kind.
o) Unsuitable soils (above and beyond scope of work).
p) Piping outside of field limits.
q) Installation of manholes, junction boxes, gabions, concrete rip rap, storm drainage not related to
the field construction, grate inlets and reinforced concrete pipe.
r) Relocation, removal, and repair of existing utilities not limited to irrigation, electrical conduits,
power poles, water, sewer, gas, cable, telephone, owner placed conduits and/or communication
feeds within the field of play.
s) Repair or resurfacing existing asphalt parking lot if damaged by truck traffic.
t) Soccer goals, goalposts, rugby goals, bleachers or equipment of any kind.
u) Any alteration or deviation from specifications involving extra costs, which alteration or deviation
will be provided only upon executed change orders and will become an extra charge over and
above the offered price.
v) Construction Testing Fees.
w) Landscaping, sodding or turf grow in.
x) Permit fees, Inspection fees, testing fees.
y) A small vehicle to tow FieldTurf maintenance equipment.
z) Shock Pad on Field 13.
aa) Logos or Lettering of any kind.
bb) World Rugby or FIFA Certification or testing of any kind.
cc) All applicable taxes, prevailing wages, union labor and other labor law levies.
dd) Newly Imposed Tariffs.
ee) Anything not explicitly noted in the inclusions.
Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52
211
COOP PRICING PROPOSAL
The pricing set forth in this proposal is based on applicable tariffs, duties, and taxes in effect as of the proposal date. Any new or increased tariffs, duties, taxes, or similar charges imposed by the United
States Government, whether at the federal or state level, on products included in this proposal after the proposal date shall be the sole responsibility of the Customer and will result in an adjustment to the
proposed price accordingly. FieldTurf USA, Inc. reserves the right to modify pricing to reflect such additional costs, and the Customer agrees to bear any such increases.
The price is valid for a period of 90 days. The price is subject to increase if affected by an increase in raw materials, freight, or other manufacturing costs, a tax increase, new taxes, levies or any new legally
binding imposition affecting the transaction. The parties recognize that the effects of global economic instability are currently unpredictable and could lead to limitations in labor availability and delays in the
supply and delivery of materials, equipment or products. In addition, as these contingencies have not been factored into this proposal; materials, equipment and/or products to be used in performing the work
may become subject to a price increase. Accordingly, it is acknowledged that the seller/FieldTurf shall (a) not be subject to any damages for any delay due to events beyond its control and, (b) be allowed an
equitable adjustment of the time and/or of the price of this proposal or any contractual document resulting therefrom. FieldTurf shall endeavor to notify you as soon as possible of any such events and/or
contingencies. Please note that the seller/FieldTurf shall use its best efforts to ensure that it fulfills its
commitments and will strive to minimize any negative impacts as they may arise. Thank you for your kind
understanding. Please feel free to reach out to any member of our project team with questions about our offer:
Hadyn Fava Jed Easterbrook Jared Petrino
Project Manager Regional Vice President Regional Sales Manager
(706) 264-6939 (801) 448-5656 (406) 850-5155
Hadyn.Fava@FieldTurf.com Jed.Easterbrook@FieldTurf.com Jared.Petrino@TarkettSports.com
Thank you again for your interest in FieldTurf, we look forward to working with you. Per: Marie-Christine Raymond, Director of Operations FieldTurf USA, Inc.
FieldTurf USA, Inc. holds the Cooperative Purchase contract, any PO for Contract must be made out to FieldTurf USA, Inc. 175 N Industrial Blvd NE. Calhoun, GA 30701 If you have questions regarding the FieldTurf and Beynon SmartBuy Cooperative Purchasing Program, please
contact Eric Fisher at: Eric.Fisher@smartbuycooperative.com.
Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52
212
COOP PRICING PROPOSAL
a) This bid proposal and its acceptance is subject to
strikes, accidents, delays beyond our control and force majeure.
b) FieldTurf’s preferred payment terms are as
follows: (i) 50% of the Price upon Customer’s execution of contract; (ii) 40% of the Price upon
shipment of materials from FieldTurf’s manufacturing facility; and (iii) Remaining balance of ten percent (10%) upon substantial completion of the field, which shall be achieved when
Customer is able to use the field for its intended purpose, even if punchlist items remain and the
Certificate of Completion has not been executed by Customer.
c) Accounts overdue beyond 30 days of invoice
date will be charged at an interest rate of 10% per annum.
d) FieldTurf requires a minimum of 21 days after
receiving a fully executed contract or purchase order and final approvals on shop drawings to manufacture, coordinate delivery and schedule arrival of installation crew. Under typical field size
and scenario, FieldTurf further requires a minimum of 28 days per field to install the Product subject to
weather and force majeure
e) FieldTurf requires a suitable staging area. Staging area must be square footage of field x 0.12, have a
minimum access of 15 feet wide by 15 feet high, and, no more than 100 ft from the site. A 25 foot wide by
25 foot long hard or paved clean surface area located within 50 feet of the playing surface shall be
provided for purposes of proper mixing of infill
CONDITIONS
Notwithstanding any other document or agreement entered into by FieldTurf in connection with
the supply and installation only of its product pursuant to the present bid proposal, the following
shall apply:
material. Access to any field will include suitable
bridging over curbs from the staging area to permit suitable access to the field by low clearance vehicles.
Staging area surface shall be suitable for passage with motor vehicles used to transport materials to the
site and/or staging area. FieldTurf shall not be liable for any damages to the staging area or its surface
unless such damages are caused by FieldTurf’s intentional misconduct or negligence.
f) This proposal is based on a single mobilization. If the site is not ready and additional mobilizations
are necessary, additional charges will apply.
g) Upon substantial completion of FieldTurf’s
obligations, the Customer shall sign FieldTurf’s Certificate of Completion in the form currently in force; to accomplish this purpose, the Customer will ensure that an authorized representative is present
at the walk-through to determine substantial completion and acceptance of the field, which may
include a list of punch list items.
h) FieldTurf shall not be a party to any penalty clauses
and/or liquidated damages provisions.
i) FieldTurf shall be entitled to recover all costs and expenses, including attorney fees, associated with collection procedures in the event that FieldTurf
pursues collection of payment of any past due invoice.
j) All colors are to be chosen from FieldTurf’s standard colors.
THE TARKETT SPORTS FAMILY - LEADERS IN SPORTS SURFACING
Docusign Envelope ID: D0B2D972-4A7B-4C52-9CCF-C155F4456F52
213
COTTONWOOD ROAD400'-1"500'-1"160' FOOTBALL FIELD (I/I)210' SOCCER FIELD (O/O)360' FOOTBALL FIELD (I/I)250' FIELDTURF LIMITS400' FIELDTURF LIMITS
20'20'20'20'
330' SOCCER FIELD (O/O)
All Rights Reserved. Confidential Information: No portion of these drawings may be disclosed, used, reproduced, modified or shown, without prior written consent of FieldTurf.
DATE:ISSUE:
DRAWN BY:
CHECKED BY:
SCALE:1"=55'
TOTAL FIELD AREA:APPROVED BY: PRINTED NAME: SIGNATURE: TITLE: DATE: Scale is only accurate when this drawing is printed on 11” X 17” paper.
PERIMETER:
100,008 sq. ft.
1301 ft.
J. L.
J. B.FTVTP-2PRESENTATIONMAY 07, 2025 FIELD LAYOUT
BOZEMAN SPORTS PARK
FIELD 13
BOZEMAN, MTNFHS STANDARDSSPORT COLORS:FIELD LAYOUT NOTES (sports are in order of dominance):FOOTBALLCOMPLETE COLOR NAME: WHITEPANTONE COLOR NUMBER: WHITE1. FOOTBALL MARKINGS ARE 4" WHITE NFHS STANDARDS.SOCCERCOMPLETE COLOR NAME: CANARY YELLOWPANTONE COLOR NUMBER: 136C2. SOCCER MARKINGS ARE 4" CANARY YELLOW NFHS STANDARDS.FIELD DOMINANCY IS ONLY WITHIN THE FOOTBALL FIELD OF PLAY.ALL DIMENSIONS TO BE VERIFIED BEFORE ANY CONSTRUCTION BEGINS.LEGEND:FIELD/SUMMER GREEN FIELDTURF100,008 sq. ft.214
Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot, Economic Development Director
SUBJECT:Submission to the Department of Housing and Urban Development (HUD), of
the Consolidated Annual Performance and Evaluation Report (CAPER) for the
HUD Community Development Block Grant (CDBG) Program Year 1, July 7,
2024 - September 30, 2025.
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Approve submission to the Department of Housing and Urban Development
(HUD), of the Consolidated Annual Performance and Evaluation Report
(CAPER) for the HUD Community Development Block Grant (CDBG) Program
Year 1, July 7, 2024 - September 30, 2025.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:
The CAPER fulfills the City’s federal reporting requirements and provides a
transparent summary of progress made toward the goals outlined in the
Consolidated Plan. Although Program Year 1 represented a limited period of
activity for the City’s CDBG program, the report demonstrates the
foundational work accomplished to prepare for expanded implementation in
Program Year 2.
Program Year 1 was marked by several administrative challenges that
affected CDBG deployment, including the late execution of the grant
agreement in December 2024 and key staff resignations in early 2025. These
factors limited the City’s ability to initiate projects and resulted in minimal
expenditures, limited to $1,769.95 for planning and administration.
Nonetheless, the City made meaningful progress toward Consolidated Plan
priorities through non-CDBG initiatives and collaborations. Notably, the
opening of Homeward Point, the community’s first purpose-built homeless
shelter, significantly advanced local goals related to emergency and
transitional housing capacity, despite occurring outside the CDBG funding
stream.
215
Throughout the program year, City staff worked closely with regional
partners, including the Human Resource Development Council (HRDC), the
Regional Housing Coalition, and the Unhoused to Housed Initiative, to assess
service gaps, coordinate strategies, and establish the groundwork needed
for effective CDBG project deployment in Program Year 2. These efforts
supported progress on key community priorities such as homelessness
response, supportive housing, and access to essential social services. While
measurable CDBG-funded outcomes will be reflected more fully in next
year’s report, Year 1 activities strengthened the institutional structure and
interagency partnerships that are required for successful long-term program
delivery. Program goals and remaining funds from Program Year 1 of CDBG
implementation will roll over into Program Year 2.
Submission of the CAPER will enable the City to remain compliant with HUD
requirements and to advance into the next program year with a
strengthened operational foundation. The Year 1 Action Plan was made
available for a 15-day public comment from Saturday, November 15, 2025,
to Monday, December 1, 2025. The public comment period was noticed
twice in the newspaper of local record on November 15 and November 22,
2025. We did not receive any public comments by the close of the public
comment period. Staff recommends approval of the CAPER as presented
and authorization to submit the report to HUD. This submission ensures
continued eligibility for federal funds and supports the City’s ongoing efforts
to address housing instability, homelessness, and community development
needs across Bozeman.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:None at this time.
Attachments:
CDBG CAPR Public Notice - Public Comment 11-15 to 12-1
2025 FINAL.pdf
CAPER Draft FINAL 11-14-25.pdf
Report compiled on: December 2, 2025
216
Public Notice: Draft CAPER Available for Public Comment
November 15, 2025
NOTICE OF AVAILABILITY OF THE CITY OF BOZEMAN’S DRAFT CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT FOR FEDERALLY FUNDED HOUSING AND
COMMUNITY DEVELOPMENT PROGRAMS
Notice is hereby given that the City of Bozeman’s Draft Consolidated Annual Performance and
Evaluation Report (CAPER) for Program Fiscal Year 2024 is available for public review and
comment. Pursuant to 24 CFR 91.105 (d), the City must provide notice to citizens and make the full
performance report (CAPER) available for citizen comment for a period not less than 15 days. The
CAPER is required by HUD to identify federal resources, including CDBG funds, received by the City
of Bozeman between 10/01/2024 and 09/30/2025, which were used to implement projects and
programs to achieve the goals and objectives in the Consolidated Plan: FY 2024 – FY 2028.
The report includes a summary of available resources, accomplishments, and an evaluation of
actions undertaken to achieve the Consolidated Plan objectives, including the City’s efforts to
provide family transitional housing. This report also identifies how federal funds leveraged other
resources and met program-specific requirements for the CDBG Programs.
The draft CAPER is accessible and available on the City’s website. Residents who are unable to
access the draft CAPER electronically should contact the City of Bozeman at 406.582.2320
or bozemanclerksdepartment@bozeman.net to make alternate arrangements to view a printed
copy.
There is a 15-day public comment period beginning Saturday, November 15, through 5 PM on
Monday, December 1, 2025. Written comments can be submitted by
emailing comments@bozeman.net or mailing to The City of Bozeman, Draft CAPR Comments, P.O.
Box 1230, Bozeman, Montana 59715. Comments received by or before 5 p.m. on December 29 will
be considered and changes made, if such changes are deemed appropriate, before submitting the
final plan to HUD.
Note: CAPER hyperlink
https://weblink.bozeman.net/WebLink/DocView.aspx?id=307160&dbid=0&repo=BOZEMAN&cr=1
Published in the Bozeman Daily Chronicle on November 15 and November 22, 2025.
217
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Bozeman’s first program year award agreement was signed in late December 2024. In the first quarter of 2025, key staff resigned. Both of these events considerably slowed down the deployment of CDBG funds. However, the City was able to make progress on many of the five-year goals laid out in the consolidated plan with collaborative work performed outside the scope of the CDBG grant. Highlights include increasing supportive housing units available to residents living with disabilities, improving housing stability for individuals and households at-risk or currently experiencing homelessness and improving access to community programming to address mental health and addiction.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Critical
Community
Services
Non-Housing
Community
Development
CDBG: $-
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 500 0
0.00% 100 0
0.00%
218
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Increasing and
Preserving
Housing
Options
Affordable
Housing CDBG: $- Rental units
constructed
Household
Housing
Unit
50 0
0.00% 0 0 0.00%
Increasing and
Preserving
Housing
Options
Affordable
Housing CDBG: $- Homeowner Housing
Rehabilitated
Household
Housing
Unit
5 0
0.00% 0 0 0.00%
Increasing and
Preserving
Housing
Options
Affordable
Housing CDBG: $- Housing for Homeless
added
Household
Housing
Unit
10 0
0.00% 0 0 0.00%
Increasing and
Preserving
Housing
Options
Affordable
Housing CDBG: $- Other Other 0 0 0.00% 1 0
0.00%
Planning and
Administration
Planning and
Administration
CDBG:
$1,769.95 Other Other 1 1 100% 1 1 100.00%
Supporting
Vulnerable
Populations
Homeless CDBG: $- Homeless Person
Overnight Shelter
Persons
Assisted 125 0
0.00% 75 0
0.00%
Supporting
Vulnerable
Populations
Homeless CDBG: $-
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 30 0
0.00% 30 0
0.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
219
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
giving special attention to the highest priority activities identified.
The City of Bozeman, while only utilizing a small amount of the allocation from CDBG, has leveraged existing funding and worked in collaboration
with community partners to make progress on the housing goals outlined in the consolidated plan. In particular the City has utilized Urban
Renewal funds, LIHTC funding, Community Impact funds and general funds to maintain momentum around housing efforts. The City continues to
work with the Regional Housing Coalition to inform and shape strategies to address housing needs. Of note is the opening of the communities
first purpose-built homeless shelter, Homeward Point, which put the community in position to address the issue of unhoused community
members for the foreseeable future. The jurisdiction has a plan and a project to support emergency and transitional housing units in program
year 2.
220
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 0
Black or African American 0
Asian 0
American Indian or American Native 0
Native Hawaiian or Other Pacific Islander 0
Total 0
Hispanic 0
Not Hispanic 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Currently, we do not have data to describe the families assisted by CDBG in any detail, including
the racial and ethnic status of families assisted.
221
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal $325,859 $1,769.95
Table 3 - Resources Made Available
Narrative
While the City has only spent CDBG funds on planning and administration, significant effort to lay the groundwork for implementation of the consolidated plan in program year two has been undertaken. The Regional Housing Coalition hosts a subcommittee called the Unhoused to Housed Initiative (a committee with representation from homeless service providers and City and County officials and personnel) that assesses service gaps and develops regional strategies and priorities to address homelessness. HRDC, as the ESG grantee determines how to allocate ESG funds, develop performance standards, evaluate outcomes, develop funding, policies, and procedures for the administration of HMIS. The City meets with HRDC on a monthly basis to discuss issues such as homelessness, transitional housing, rapid rehousing, permanent supportive housing, navigation services, and first-time homebuyer education. The City also supports HRDC’s year-round shelter.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100% 100% Citywide
Table 4 – Identify the geographic distribution and location of investments
Narrative
For the planning and administration efforts completed with CDBG funding, the geographic distribution was Citywide.
222
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
The City of Bozeman has only utilized a small amount of CDBG funds in year 1 for program
administration. For this reporting period, we have not yet leveraged the federal funds for
additional investment.
223
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Per AP-55 Affordable Housing -91.220 (g), projects in the first program year action plan focused on public services and emergency and transitional housing facilities. The City did not establish goals for households supported through rental assistance, production of new units, rehab of
existing units, or acquisition of existing units.
Progress was made on the goals outlined in the consolidated plan for emergency and
transitional housing, however, the majority of the work was done outside the scope of the CDBG grant and therefore reportable progress on the goals within the plan are limited.
224
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
Discuss how these outcomes will impact future annual action plans.
Deployment of additional CDBG grant funding will begin in year two and will build on the community-level progress made outside of the scope of the CDBG grant in year one.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
The lack of accessible and affordable housing units disproportionately impacts low and
extremely low-income households and families. Due to the lack of affordable units available,
residents are finding it more challenging to actually utilize the voucher even if they secure one.
While data indicate that rental market vacancies are easing, constrained rental supply and
inflation are disproportionately impacting low-income households from finding affordable
housing and affording basic needs compared to the population at large. While no CDBG funds
were used to serve these population in the current funding year, it is the intent to use the funds
to meet the housing needs of these households in program year two.
225
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
The City has a partnership with local non-profits to conduct outreach to individuals
experiencing homelessness. While the City has no reportable results for the CDBG grant, efforts
to conduct outreach to individuals and assess their individual needs are ongoing.
Addressing the emergency shelter and transitional housing needs of homeless persons
As referenced earlier in the report, the City was a partner in getting the new purpose-built
homeless shelter, Homeward Point, finished and open to meet the needs of people currently
experiencing homelessness and connect them with transitional housing opportunities. This
work was conducted outside of the scope of the CDBG grant.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
Ongoing efforts to provide off-ramps from homelessness have been undertaken by the City and
partners. One example is the effort undertaken by City partners to provide “medical respite” for
people being discharged from the hospital to the shelter. This work is ongoing and falls outside
of the reporting for the CDBG grant but represents progress on the deliverables outlined in the
consolidated plan.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
As stated earlier in the report, the amount of funds used from the CDBG are limited but the
226
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
City’s work along with partners to assist individuals and families transition from homelessness
to stable housing is ongoing. Efforts include investments in emergency and transitional housing,
enhanced efforts to connect housing unstable families with diversion programming and
increasing the availability of mental health programming.
227
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City works with the Regional Housing Coalition (a Coalition of housing providers, developers, the
business community, and local government) to inform and shape priorities and strategies to address
housing needs. The City of Bozeman and Gallatin County do not have a public housing authority. The
Human Resource Development Council of District IX, Inc. (HRDC) has acted as a public housing authority
for the City and County since 1995.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
The City of Bozeman does not have its own public housing authority.
Actions taken to provide assistance to troubled PHAs
The City of Bozeman does not have its own public housing authority.
228
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
No actions have been taken to address policies that serve as barriers to affordable housing in
this grant period. However, the consolidated plan does include an anti-poverty strategy. This
strategy includes jurisdictional goals to reduce housing instability by developing coordinated
efforts, including policy, to address homelessness and housing instability in the Bozeman area.
The City understands the importance of policy work and, as the grant proceeds, will thoroughly
review and consider policy changes that could serve to improve the housing environment for
people affected by housing instability.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City has supported the food bank and Homeward Point. The City has also provided
subsidies to schools and childcare programs to increase capacity.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
The City has not entered into any agreements with subrecipients during this program year. As
stated in the Con Plan, when the City enters into any agreements with subrecipients, there will
be lead-based paint regulations language in the agreement that stipulate compliance with the
CFR.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
No actions within the scope of the CDBG grant were taken in this grant period. The
consolidated plan does include an anti-poverty strategy aimed at reducing poverty in the
community. Strategies include increasing housing access, improving career opportunities and
providing comprehensive skill development starting with childcare and continuing through
higher education.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
While the City did not use CDBG funds to address the institutional structure, staff participated
in the Regional Housing Coalition meetings and attended the annual Montana Housing
Partnership Conference. Additionally, the City supported the opening of HRDC’s year-round
homeless shelter, Homeward Point and provides ongoing support for the Gallatin Valley Food
Bank.
229
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
City staff attended Regional Housing Coalition meetings and attended the annual Montana
Housing Partnership Conference. Additionally, City staff held meetings with providers of
eviction prevention legal services.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
While these activities fall outside of the scope of the CDBG grant, the City has been working on
updating the Unified Development Code which is aiming to align development regulations with
priorities around affordable housing. The City has also attended meetings to the Regional
Housing Coalition that addresses housing instability and homelessness.
230
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements.
During program year one, the City did not engage in any subrecipient agreements to monitor. The City is
currently refining the Subrecipient Monitoring plan.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
The City advertised in the newspaper of general circulation for two weeks for public comment on the
performance report. It also posted the notice on the City of Bozeman
website https://www.bozeman.net/ and
https://weblink.bozeman.net/WebLink/DocView.aspx?id=307160&dbid=0&repo=BOZEMAN&cr=1 for
review and comment.
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
None
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
Not applicable.
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
231
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 n/a n/a n/a n/a
Total Labor Hours 0 n/a n/a n/a n/a
Total Section 3 Worker Hours 0 n/a n/a n/a n/a
Total Targeted Section 3 Worker Hours 0 n/a n/a n/a n/a
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are Public Housing
Targeted Workers 0 n/a n/a n/a n/a
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers. 0 n/a n/a n/a n/a
Direct, on-the job training (including apprenticeships). 0 n/a n/a n/a n/a
Indirect training such as arranging for, contracting for, or paying tuition
for, off-site training. 0 n/a n/a n/a n/a
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching). 0 n/a n/a n/a n/a
Outreach efforts to identify and secure bids from Section 3 business
concerns. 0 n/a n/a n/a n/a
Technical assistance to help Section 3 business concerns understand
and bid on contracts. 0 n/a n/a n/a n/a
Division of contracts into smaller jobs to facilitate participation by
Section 3 business concerns. 0 n/a n/a n/a n/a
Provided or connected residents with assistance in seeking employment
including: drafting resumes,preparing for interviews, finding job
opportunities, connecting residents to job placement services.
0 n/a n/a n/a n/a
Held one or more job fairs. 0 n/a n/a n/a n/a
Provided or connected residents with supportive services that can
provide direct services or referrals. 0 n/a n/a n/a n/a
Provided or connected residents with supportive services that provide
one or more of the following: work readiness health screenings,
interview clothing, uniforms, test fees, transportation.
0 n/a n/a n/a n/a
Assisted residents with finding child care. 0 n/a n/a n/a n/a
Assisted residents to apply for, or attend community college or a four
year educational institution. 0 n/a n/a n/a n/a
Assisted residents to apply for, or attend vocational/technical training. 0 n/a n/a n/a n/a
Assisted residents to obtain financial literacy training and/or coaching. 0 n/a n/a n/a n/a
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns. 0 n/a n/a n/a n/a
Provided or connected residents with training on computer use or online
technologies. 0 n/a n/a n/a n/a
Promoting the use of a business registry designed to create
opportunities for disadvantaged and small businesses. 0 n/a n/a n/a n/a
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and
Opportunity Act.
0 n/a n/a n/a n/a
Other. 0 n/a n/a n/a n/a
Table 9 – Qualitative Efforts - Number of Activities by Program
232
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
Narrative
The City made progress on many of the five-year goals laid out in the consolidated plan with
collaborative work performed outside the scope of the CDBG grant. Since we did not engage in any
subrecipient agreements or perform activities outside of planning and administration, we do not have
economic opportunities to report this CAPER cycle.
233
Memorandum
REPORT TO:City Commission
FROM:Waldo
SUBJECT:Authorize the City Manager to sign an agreement with the State of Montana
Department of Health and Human Services for voluntary intergovernmental
transfers related to providing ambulance transports for Medicaid.
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an agreement with the State of Montana
Department of Health and Human Services for voluntary intergovernmental
transfers related to providing ambulance transports for Medicaid.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Montana's Medicaid IGT (Intergovernmental Transfer) program is a funding
mechanism where government entities, such as cities or counties, transfer
funds to the state. This state-provided match is then used with federal
funds to increase Medicaid payments for specific services, like ambulance
transports. The process allows the state to draw down more federal dollars
to reimburse providers, and EMS transport providers can receive
reimbursement for certain patient Medicaid services once the non-federal
match is received.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by Commission
FISCAL EFFECTS:Impacts will vary from year to year based on the number of Medicaid
transports conducted by the fire department. In 2024 the impact would
have been revenue to the City in the amount of $7,551.20.
Attachments:
Bozeman Fire Medicaid IGT Contract.pdf
Report compiled on: December 2, 2025
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Page 1 of 40
CONTRACT NUMBER 24-11-5-01-043-0
THIS CONTRACT, is entered into between the Montana Department of Public Health and Human
Services, (the "Department"), whose contact information is as follows: P.O. Box 202951, Helena, MT,
59620, and Phone Number (406) 444-3995, and Fax Number (406) 444-1861, and Bozeman Fire
Department (the “Contractor”), whose contact information is as follows: Federal Tax ID 81-6001238 ,
UEI Number EEAPKALAEM35, 300 E. Oak St, Bozeman, MT 59715, Phone Number (406) 582-2351,
respectively (collectively, the “Parties”).
RECITALS or PURPOSE
Therefore, in consideration of the foregoing recitals, covenants, terms and conditions set forth herein,
the Parties agree as follows:
SECTION 1. SERVICES/SCOPE OF WORK
A. This Contract constitutes the basic agreement between the parties for: providing the voluntary
intergovernmental transfer of funds to the Department by the City or County where the
Contractor is located as a local government entity of the State of Montana. The funds are to be
used as matching funds for the receipt of federal Medicaid funds necessary for supplemental
payments to ambulance providers that are city or county owned, operated, or publicly funded.,
(the “Services”), as more particularly described in Attachment A Scope of Work.
B. Time is of the essence under this Contract.
C. The Department and the Contractor, their employees, agents, contractors, and subcontractors
will cooperate with each other, and with other state or federal administrative agency employees,
contractors and subcontractors at no charge for purposes relating to the delivery of and
administration of the services to be delivered under this Contract.
D. The Contractor will perform the Services in accordance with all of the provisions of the Contract,
which consists of the following documents:
1. Contract (this instrument)
2. Attachment A: Scope of Work
3. Attachment B: Payment/Fee Schedule
4. Attachment C: Invoice
5. Attachment D: Federal and State Law Requirements
6. Attachment E: Assurances
7. Attachment F: Business Associate Agreement
SECTION 2. TERM OF CONTRACT
The term of this Contract is from July 01, 2025 through June 30, 2028 unless terminated in accordance
with the Contract.
SECTION 3. CONSIDERATION AND PAYMENTS
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Subject to the terms and conditions contained in this Contract, the Department will pay the Contractor
for the Services as follows:
A. Other Programs as Payers for Services – Non-Duplication of Payment
The Contractor may not seek compensation from monies payable through this Contract for the
costs of goods and services that may be or are reimbursed, in whole or in part, from other
programs and sources.
B. Billing Procedures and Requirements
Payment shall be made in accordance with the computation methodology adopted at ARM
37.86.2606.
1. Payment to the Contractor shall be made to:
Bozeman Fire Department
P.O. Box 1230
Bozeman, MT 59771
2. The Contractor must bill in accordance with the procedures and requirements the
Department identifies and must itemize all services and expenses for reimbursement.
Contractor must submit invoices on forms the Department provides. Invoice is attached
as Attachment C.
C. Adjustments to Consideration
The Department may adjust the consideration provided to the Contractor under this Contract
based on any reductions of funding, governing budget, erroneous or improper payments, audit
findings, or failings in the Contractor’s delivery of services.
D. Sources of Funding
The sources of funding for this Contract are 0% from the state general fund. Local government
funds must be transferred and the funds certified by the city or county treasurer as an
intergovernmental transfer of public funds that qualifies as a payment of services eligible for
federal financial participation (FFP, the federal governments share of a state’s expenditures
under the Medicaid program) in accordance with 42 CFR 433.51.
E. Erroneous and Improper Payments
The Contractor may not retain any monies the Department pays in error or which the Contractor,
its employees, or its agents improperly receive. The Contractor must immediately notify the
Department if it determines a payment may be erroneous or improper and must return that
payment within 30 days of the Department requesting its return. If the Contractor fails to return
to the Department any erroneous or improper payment, the Department may recover such
payment by any methods available under law or through this Contract, including deduction of
the payment amount from any future payments to be made to the Contractor.
F. Final Payment
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The Department will issue the final payment to the Contractor for the Services when the
Department has accepted the Services and determined that the Contractor has met all of its
Contract performance obligations satisfactorily.
G. Tax Exemption
State of Montana is exempt from Federal Excise Taxes (#81-0302402) except as otherwise
provided in the federal Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat.
119].
H. Personal Property Tax
All personal property taxes will be paid by Contractor.
SECTION 4. WARRANTIES
Warranty of Services. Contractor warrants that the services provided conform to the Contract
requirements, including all descriptions, specifications and attachments made a part of this Contract.
The Department’s acceptance of services provided by Contractor shall not relieve Contractor from its
obligations under this warranty. In addition to its other remedies under this Contract, at law, or in
equity, The Department may require Contractor to promptly correct, at Contractor's expense, any
services failing to meet Contractor's warranty herein. Services corrected by Contractor shall be
subject to all the provisions of this Contract in the manner and to the same extent as services
originally furnished.
SECTION 5. CREATION AND RETENTION OF RECORDS
A. The Contractor must maintain all records, (written, electronic or otherwise) documenting
compliance with the requirements of this Contract and its attachments, and with state and federal
law, relating to performance, monetary expenditures and finances during the term of this
Contract and for 8 years after its completion date. The obligation to maintain records required
by this paragraph survives the termination or expiration of this Contract.
B. If any litigation, reviews, claims or audits concerning the records related to the performance of
the Contract is begun, then the Contractor must continue to retain records until such activity is
completed.
C. The Contractor must provide the Department and its authorized agents with reasonable access
to records the Contractor maintains for purposes of this Contract. The Contractor must make the
records available at all reasonable times at the Contractor’s general offices or other location as
agreed to by the parties.
SECTION 6. ACCOUNTING, COST PRINCIPLES, AND AUDIT
A. Accounting Standards
The Contractor must maintain a system of accounting procedures and practices sufficient for the
Department to determine to its satisfaction that the system (1) permits timely development of all
necessary cost data in the form contemplated by the contract type, and (2) is adequate to
allocate costs in accordance with Generally Accepted Accounting Principles.
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B. Audits and Other Investigations
The Department and any other legally authorized federal and state entities and their agents may
conduct administrative activities and investigations, including audits, to ensure the appropriate
administration and performance of this Contract, and the proper expenditure of monies, delivery
of goods, and provision of Services pursuant to this Contract. The Contractor will provide the
Department and any other authorized governmental entity and their agents access to and the
right to record or copy any and all of the Contractor’s records, materials and information
necessary for the conduct of any administrative activity, investigation or audit. Administrative
activities and investigations may be undertaken, and access shall be afforded under this section
from the time the parties enter this Contract until the expiration of 8 years from the completion
date of this Contract.
C. Corrective Action
If directed by the Department, the Contractor must take corrective action to resolve audit
findings. The Contractor must prepare a corrective action plan detailing actions the Contractor
proposes to undertake to resolve the audit findings. The Department may direct the Contractor
to modify the corrective action plan.
D. Reimbursement for Sums Owing
The Contractor must reimburse or compensate the Department in any other manner as the
Department may direct for any sums of monies determined by any administrative activity,
investigation or audit to be owing to the Department.
E. The Contractor must comply with the federal audit and cost accounting requirements set forth in
45 CFR Part 75 and 2 CFR Part 300.
SECTION 7. ASSIGNMENT, TRANSFER, AND SUBCONTRACTING
A. The Contractor will not assign, transfer, delegate or subcontract any right or duty arising under
this Contract without prior written approval from the Department.
B. Any assignment, transfer, delegation, or subcontracting of the Contractor’s rights or duties under
this Contract does not relieve the Contractor from its responsibility and liability for performance
of all Contractor obligations under this Contract. The Contractor will be as fully responsible for
the acts or omissions of any subcontractor as it is for its own acts or omissions.
SECTION 8. INDEMNIFICATION
A. The Contractor, at its sole cost and expense, must indemnify, defend, and hold harmless the
State of Montana against any allegations of liability of any kind, relating to personal injury, death,
damage to property, or any other legal obligation and any resulting judgments, losses, damages,
liability, penalties, costs, fees, cost of legal defense and attorney’s fees, to the extent caused by
or arising out of Contractor’s performance of services under this Contract or in any way resulting
from the acts or omission of Contractor, and/or its agents, employees, representatives, assigns,
and subcontractors.
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B. The Department must give the Contractor notice of any allegation of liability and at the
Contractor’s expense the Department shall cooperate in the defense of the matter.
C. If the Contractor fails to fulfill its obligations as the indemnitor under this section, the Department
may undertake its own defense. If the Department undertakes its own defense, the Contractor
must reimburse the Department for any and all costs to the Department resulting from
settlements, judgments, losses, damages, liabilities, and penalties and for all the costs of
defense incurred by the Department including but not limited to attorney fees, investigation,
discovery, experts, and court costs.
SECTION 9. LIMITATIONS OF STATE LIABILITY
A. Any liabilities of the State of Montana and its officials, employees and agents are governed and
limited by the provisions of Title 2, Chapter 9, MCA, for all acts, omissions, negligence, or alleged
acts or omissions, negligent conduct, and alleged negligent conduct related to this Contract.
B. The Department shall not be liable, regardless of the form of action, whether in contract, tort,
negligence, strict liability or by statute or otherwise, for any claim related to or arising under this
Contract for consequential, incidental, indirect, special, or exemplary damages, including without
limitation lost profits and lost business opportunities.
SECTION 10. CONFLICTS OF INTEREST
The Contractor must not have any conflict of interest regarding the performance of the Services under
this Contract. The Contractor may not enter into any contract or other arrangement for the use,
purchase, sale lease or rental of real property, personal property or services funded with monies of this
Contract if an employee, administrator, officer or director of the Contractor may receive a financial or
other valuable benefit as a result. The Department may grant exceptions to this prohibition where it
determines the particular circumstances warrant the granting of an exception.
SECTION 11. COMPLIANCE WITH LAWS/WARRANTIES
A. The Contractor must comply with all state and federal laws, rules, regulations, ordinances, and
executive orders applicable to the performance of the Services under this Contract. Attachment
D to this Contract contains a list of state and federal authorities. The Contractor must assure
that all subcontractors comply with all applicable laws.
B. Civil Rights. The Contractor may not discriminate in any manner against any person on the
basis of race, color, national origin, age, physical or mental disability, marital status, religion,
creed, sex, sexual orientation, political beliefs, genetic information, veteran’s status, culture,
social origin or condition, ancestry, or an individual’s association with individuals in any of the
previously mentioned protected classes in the performance of this Contract or in the delivery of
Montana State services or funding on behalf of the State of Montana.
C. The Contractor must submit the assurances, where applicable, set forth in Attachment D and
attached as Attachment E, to this Contract prior to commencement of work under this Contract.
D. The Contractor represents and warrants that the Contractor is legally authorized under state and
federal business and tax legal authorities to conduct business in accordance with this Contract.
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E. The Contractor represents and warrants that it is an independent contractor and that its
employees, agents and subcontractors are not employees of the State of Montana. The
Contractor may not in any manner represent or maintain the appearance of being employees of
the State of Montana.
F. The Contractor must comply with all applicable Workers' Compensation requirements.
G. The Contractor must pay all state, federal, social security, unemployment insurance, and all other
taxes, assessments, or contributions due and payable to the State of Montana and/or the United
States in connection with the Services to be performed under this Contract. The Contractor must
hold the State of Montana harmless from any liability on account of any such taxes or
assessments.
SECTION 12. REGISTRATION OF OUT OF STATE ENTITIES
Any business intending to transact business in Montana must register with the Secretary of State.
Businesses that are domiciled in another state or country, but which are conducting activity in Montana,
must determine whether they are transacting business in Montana in accordance with 35-1-1026 and
35-8-1001, MCA. Such businesses may want to obtain the guidance of their attorney or accountant to
determine whether their activity is considered transacting business.
If businesses determine that they are transacting business in Montana, they must register with the
Secretary of State and obtain a certificate of authority to demonstrate that they are in good standing in
Montana. To obtain registration materials, call the Office of the Secretary of State at (406) 444-3665,
or visit their website at http://sos.mt.gov.
SECTION 13. OWNERSHIP OF DATA AND DOCUMENTS
All data, information, work in progress, documents, reports, patents or copyrights developed in
connection with any services under this Contract or information provided to the Contractor, both in hard-
copy form and as may embodied on any recording and storage media, is deemed Department property
and, upon request at the termination or expiration of this Contract, shall be delivered to the Department.
SECTION 14. CONFIDENTIALITY
A. Personal Information
1. During the term of this Contract, the Contractor, its employees, subcontractors and agents
must treat and protect as confidential all material and information the Department
provides to the Contractor or which the Contractor acquires on behalf of the Department
in the performance of this Contract which contains the personal information of any person.
2. In its use and possession of personal information, the Contractor must conform to security
standards and procedures meeting or exceeding current best business practices. Upon
the Department’s request, the Contractor will allow the Department to review and approve
any specific security standards and procedures of the Contractor.
B. Notice by Contractor of Unauthorized Disclosures or Uses of Personal Information
Immediately upon discovering any unauthorized disclosure or use of personal information by the
Contractor, its employees, subcontractors, agents, the Contractor must confidentially report the
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disclosure or use to the Department in detail, and must undertake immediate measures to
retrieve all such personal information and to prevent further unauthorized disclosure or use of
personal information.
C. Notice by Contractor of Investigations, Complaints, Litigation Concerning the Use and Protection
of Personal Information
1. The Contractor must provide the Department with written notice within five workdays of
the Contractor receiving notice of any administrative action or litigation threatened or
initiated against the Contractor based on any legal authority related to the protection of
personal information.
2. With its notice, the Contractor must provide the Department with copies of any relevant
correspondence, pleadings, papers, administrative or legal complaints and
determinations.
D. Contract Information
The Contractor must hold in strict confidence any data, findings, results, or recommendations
obtained or developed by the Contractor in connection with the Services under this Contract,
including but not limited to, information and data given to the Contractor by the Department, its
agents or contractors or any other source.
E. Access/Use of Confidential Information
The Contractor may not access or use personal, confidential, or other information obtained
through the Department, its agents, and contractors, unless the Contractor does so:
1. in conformity with governing legal authorities and policies;
2. with the permission of the persons or entities to whom or which the information pertains;
and
3. with the review and approval by the Department prior to use, publication or release.
F. The information contained within this Contract and attachments, inclusive of Contractor’s
proposal and its attachments, if any, and information otherwise provided to the Department in
relation to this contractual relationship is not confidential and is available for public inspection
and copying unless determined in accordance with federal or state law to be confidential as
personal consumer, recipient or employee information or as business/corporate proprietary
information that is protected from release. To any extent required or allowed by law, the
Department has the right to use for public purposes and to disclose to the public contractual
information inclusive of reports, evaluations, statistics, and other management and
performance information related to this Contract.
SECTION 15. PROPRIETARY INFORMATION
A. Before the Department can recognize a business/corporate claim of confidential trade secret
or proprietary information, the Contractor must identify and segregate the information for which
the claim is being asserted and must have provided a detailed legal analysis supporting the
claim of confidentiality. The Contractor must include with that claim an affidavit of legal counsel
on the form provided by the Department, titled “AFFIDAVIT FOR PROPRIETARY
INFORMATION CONFIDENTIALITY,” attesting to legal counsel’s legal relationship to the
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Contractor, acknowledging the primacy of federal and Montana law with respect to the claim,
and indemnifying the Department with respect to defense and warranting the Contractor’s
responsibility for all legal costs and attorneys’ fees, should the Department accept the claim
as legitimate and as a result be subjected to administrative or legal contest.
B. The Department will provide the Contractor timely notice of any administrative or legal request
or contest from a third party seeking release of contractual and related information for which the
Contractor has properly made a claim that the information is confidential as trade secret or
proprietary information. If the Department determines that such information is subject to the
public right to know and must be released as requested, the Department will provide the
Contractor with notice of the intended release five working days prior to the date of the proposed
release. The notice period is intended to allow the Contractor to make arrangements, if desired,
to intervene through an appropriate legal forum to contest the release.
SECTION 16. COMPLIANCE WITH THE FEDERAL HIPAA AND HITECH PRIVACY AND
SECURITY REQUIREMENTS
If the Contractor is a “Business Associate” as defined at 45 C.F.R. § 160.103, it must comply with the
privacy and security requirements for functioning as a “business associate” of the Department or as a
“covered entity” under HIPAA and HITECH. In addition to executing this Contract, the Contractor must
execute the Business Associate Agreement attached to this Contract as Attachment F.
SECTION 17. PUBLICITY AND DISCLAIMERS
A. The Contractor may not use monies under this Contract to pay for media, publicity or advertising
that in any way associates the services or performance of the Contractor or the Department
under this Contract with any specific political agenda, political party candidate for public office,
or any matter to be voted upon by the public. Media includes but is not limited to commercial
and noncommercial print, verbal, and electronic media.
B. The Contractor must inform any people to whom it provides consultation or training services
under this Contract that any opinions expressed do not necessarily represent the position of the
Department. All public notices, information pamphlets, press releases, research reports, posters,
public service announcements, web sites and similar modes of presenting public information
pertaining to the services and activities funded with this Contract prepared and released by the
Contractor must include the statement:
“This project is funded in whole or in part under a Contract with the Montana Department of
Public Health and Human Services. The statements herein do not necessarily reflect the opinion
of the Department.”
C. The Contractor must state the percentage and the monetary amount of the total program or
project costs of this Contract funded with (a) federal monies and (b) non-federal monies in all
statements, press releases, and other documents or media pieces made available to the public
describing the services provided through this Contract.
D. Before the Contractor uses, publishes, releases or distributes them to the public or to local and
state programs, the Department must review and approve all products, materials, documents,
publications, press releases, and media pieces (in any form, including electronic) the Contractor
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or its agents produce with contract monies to describe and promote services provided through
this Contract.
SECTION 18. ACCESS TO PREMISES
The Contractor must provide the State of Montana and any other legally authorized governmental entity,
or their authorized representatives, the right to enter at all reasonable times the Contractor’s premises
or other places where contractual performance occurs to inspect, monitor or otherwise evaluate
contractual performance. The Contractor must provide reasonable facilities and assistance for the
safety and convenience of the persons performing these duties. All inspection, monitoring and
evaluation must be performed in such a manner as not to unduly interfere with contractual performance.
SECTION 19. LIAISON AND SERVICE OF NOTICES
Stephanie King, Phone Number (406) 444-3995, Fax Number (406) 444-1861,
Stephanie.King@mt.gov, or their successor, is the liaison for the Department. Melissa Hodnett, Phone
Number (406) 582-2318, mhodnett@bozeman.net is the liaison for the Contractor. These persons
serve as the primary contacts between the parties regarding the performance of this Contract. Written
notices, reports and other information required to be exchanged between the parties must be directed
to the liaison at the parties’ addresses set out in this Contract.
SECTION 20. MEETINGS
A. Technical or Contractual Problems. Contractor shall meet with the Department's personnel, or
designated representatives, to resolve technical or contractual problems occurring during the
Contract term or to discuss the progress made by Contractor and the Department in the
performance of their respective obligations, at no additional cost to the Department. The
Department may request the meetings as problems arise and will be coordinated by the
Department. The Department shall provide Contractor a minimum of three full working days’
notice of meeting date, time, and location. Face-to-face meetings are desired; however, at
Contractor's option and expense, a conference call meeting may be substituted. Contractor’s
consistent failure to participate in problem resolution meetings, Contractor missing or
rescheduling two consecutive meetings, or Contractor’s failure to make a good faith effort to
resolve problems may result in termination of the Contract.
SECTION 21. FORCE MAJEURE
If the Contractor or the Department is delayed, hindered, or prevented from performing any act required
under this Contract by an occurrence beyond the control of the asserting party including, but not limited
to, theft, fire, public enemy, severe and unusual weather conditions, injunction, riot, strikes, lockouts,
insurrection, war, or court order, and the asserting party gives prompt written notice of the event to the
other party, then performance of the act shall be excused for the period of the delay, to the extent the
performance is actually affected and the asserting party resumes performance as soon as practicable.
Matters of the Contractor’s finances shall not be considered a force majeure.
SECTION 22. CONTRACT TERMINATION
A. The Department may terminate this Contract without cause and in lieu of any or all other remedial
measures available through this Contract. The Department terminating without cause must give
written notice of termination to the Contractor at least sixty (60) days prior to the effective date
of termination. In the event of such termination without cause, the Contractor shall be paid for
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all Services rendered satisfactorily to the termination date and for any direct costs (not including
anticipated profits) incurred by the Contractor as a result of the termination. Such payment shall
constitute the Contractor’s sole right and remedy. The Department has the right to terminate
without cause even when a condition of force majeure exists.
B. The Department may immediately terminate this Contract if the Contractor engages in any
violation of state or federal law listed in this Contract or any attachment to this Contract, or which
otherwise may be applicable to the Contract arising from the performance of Services under this
Contract.
C. The Department may terminate this Contract in whole or in any aspect of performance under
this Contract if:
1. federal or state funding for this Contract becomes unavailable or reduced for any reason;
2. the Department determines that the Contractor is failing to perform in accordance with
the terms of this Contract. In such event, the Department shall give Contractor written
notice of breach and an opportunity to cure the breach. Contractor will correct the breach
within 30 calendar days of receipt of such notice unless the cure period is otherwise
specified in the written notice of breach. If the breach is not corrected timely, this Contract
may be terminated immediately, in whole or in part, by written notice from the Department
to Contractor. The option to terminate shall be at the sole discretion of the Department.
D. Upon expiration, termination or cancellation of this Contract, or any portion of this Contract, the
Contractor must assist the Department, its agents, representatives and designees in closing out
this Contract, and in providing for the orderly transfer of contract responsibilities and the
continued delivery of contract services by the Department or its designee, and shall allow the
Department access to the Contractor’s facilities, records and materials to fulfill these
requirements.
E. Event of Breach by Contractor. Any one or more of the following Contractor acts or omissions
constitute an event of material breach under this Contract:
1. Products or services furnished fail to conform to any requirement;
2. Failure to submit any report required by this Contract;
3. Failure to perform any of the other terms and conditions of this Contract, including but not
limited to beginning work under this Contract without prior Department approval or
breaching Technical or Contractual Problems, obligations; or
4. Voluntary or involuntary bankruptcy or receivership.
F. Event of Breach by the Department. The Department’s failure to perform any material terms or
conditions of this Contract constitutes an event of breach.
G. Actions in Event of Breach. Upon Contractor’s material breach, the Department may:
1. Terminate this Contract under Termination for Cause or Convenience and pursue any of
its remedies under this Contract, at law, or in equity; or
2. Treat this Contract as materially breached and pursue any of its remedies under this
Contract, at law, or in equity.
Upon the Department’s material breach, Contractor may:
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1. Terminate this Contract under Termination for Cause with Notice to Cure, and pursue any
of its remedies under this Contract, at law, or in equity; or
2. Treat this Contract as materially breached and, except as the remedy is limited in this
Contract, pursue any of its remedies under this Contract, at law, or in equity.
SECTION 23. ADDITIONAL REMEDIES
A. Withholding Payments
If the Contractor fails to perform the services in conformance with the requirements of this
Contract, the Department has the right, with notice, to withhold any and all payments directly
related to the non-compliant services. The Department may withhold any payments due to the
Contractor, without penalty or work stoppage by Contractor, until the Contractor cures
performance to the satisfaction of the Department. The Contractor is not relieved of its
performance obligations if any payment is withheld.
B. Reductions in Payments Due
Amounts owed to the Department by the Contractor under this Contract, including but not limited
to liquidated or other damages, or claims for damages, may be deducted or set-off by
Department from any money payable to Contractor pursuant to this Contract.
C. If, in the Department’s reasonable judgment, a default by Contractor is not so substantial as to
require termination of the entire Contract, reasonable efforts to induce the Contractor to cure the
default are unavailing, the Contractor fails to cure such default within 30 calendar days of receipt
of notice from the Department, and the default is capable of being cured by the Department or
by another resource without unduly interfering with continued performance by the Contractor,
the Department, without prejudice to any other remedy it may have, may terminate performance
of the particular service that is in default and provide or procure the services reasonably
necessary to cure the default. In the event of a termination for failure to perform, Department
will, without limiting its other available remedies, have the right to procure the terminated services
and the Contractor will be liable for: (i) the cost difference between the cost of the terminated
services and the costs for the replacement services acquired from another vendor or expended
by Department, and (ii) if applicable, the following administrative costs directly related to the
replacement of this Contract: costs of competitive bidding, mailing, advertising, and staff time
costs.
D. Stop Work Order
1. The Department may, at any time, by written stop work order to the Contractor, require
the Contractor to stop any or all parts of the work required by this Contract for the period
of days indicated by the Department after the stop work order is delivered to Contractor.
The stop work order must be specifically identified as a stop work order issued under this
section. Upon receipt of the stop work order, the Contractor must immediately comply
with its terms and take all reasonable steps to minimize the incurrence of costs allocable
to the work covered by the stop work order during the period of work stoppage.
2. If a stop work order issued under this section is canceled or the period of the stop work
order, or any extension expires, the Contractor must resume contractual performance.
The Department, as may be necessary, must adjust through amendment to this Contract
the delivery schedule or reimbursement, or both.
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E. Right to Assurance
If the Department, in good faith, has reason to believe that the Contractor does not intend to, or
is unable to perform or has refused to perform or continue performing all material obligations
under this Contract, the Department may demand in writing that the Contractor give a written
assurance of intent to perform. Failure by Contractor to provide written assurance within the
number of days specified in the demand (not less than five business days) may, at the
Department’s option, be the basis for terminating this Contract under the terms and conditions
or other rights and remedies available by law or provided by this Contract.
F. Any remedies provided by this Contract are not exclusive and are in addition to any other
remedies provided by law.
SECTION 24. CHOICE OF LAW, REMEDIES AND VENUE
A. This Contract is governed by the laws of the State of Montana.
B. For purposes of litigation concerning this Contract, venue must be in the First Judicial District in
and for the County of Lewis and Clark, State of Montana.
C. If there is litigation concerning this Contract, the Contractor must pay its own costs and attorney
fees.
D. This Contract is issued under authority of Title 18, Montana Code Annotated, and the
Administrative Rules of Montana, Title 2, chapter 5.
SECTION 25. GENERAL
A. No statements, promises, or inducements made by the parties or their agents are valid or binding
if not contained in this Contract and the materials expressly referenced in this Contract as
governing the contractual relationship.
B. The headings to the section of this Contract are convenience of reference and do not modify the
terms and language of the sections to which they are headings.
C. Except as may be otherwise provided by its terms, this Contract may not be enlarged, modified
or altered except by written amendment signed by the parties to this Contract.
D. If there is a dispute as to the duties and responsibilities of the parties under this Contract, this
Contract along with any attachments prepared by the Department, including request for
proposal, if any, govern over the Contractor’s proposal, if any.
E. If a court of law determines any provision of this Contract is illegal, all other provisions of this
Contract remain in effect and are valid and binding on the parties.
F. Any provision of this Contract that is determined to conflict with any federal or state law or
regulation, is inoperative to the extent it conflicts with that authority and is to be considered
modified to the extent necessary to conform with that authority.
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G. Waiver of any default, breach or failure to perform under this Contract may not be construed to
be a waiver of any subsequent default, breach or failure of performance. In addition, waiver of a
default, breach or failure to perform may not be construed to be a modification of the terms of
this Contract unless reduced to writing as an amendment to this Contract.
H. This Contract may be executed in counterparts, which together will constitute one instrument.
The parties through their authorized agents have executed this Contract on the dates set out below.
MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
BY: _______________________________________ Date: _______________
Mary LeMieux, Health Resources Division Administrator
CONTRACTOR
BY: ______________________________________ Date: _________________
Chuck Winn, City Manager
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ATTACHMENT A TO CONTRACT NO. 24-11-5-01-043-0
SCOPE OF WORK
During the 3rd quarter of each calendar year the Department will send the Contractor a letter and a
contract spreadsheet. The contract spreadsheet will depict the amount of the intergovernmental
transfer to be issued to the Montana Department of Public Health and Human Services and the
supplemental payment amount to be issued to the eligible provider for the specified state fiscal year.
Once the check has been received from the City or County entity where the Contractor resides, the
Department will process the Medicaid supplemental payment and issue a check to the ambulance
provider in the amount specified in the specific state fiscal year’s contract spreadsheet. Contract
spreadsheets become a part of this contract. Checks from the ambulance provider must be received
by the Department before December 31st and no retroactive supplemental payments will be issued.
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ATTACHMENT B TO CONTRACT NO. 24-11-5-01-043-0
PAYMENT/FEE SCHEDULE
The intergovernmental transfer through a check issued from the City or County treasurer for the
amount specified in the spreadsheet and payable to the Department must occur before the respective
Medicaid supplemental payment is made. The intergovernmental transfer must be made to the
Department’s accounting entity:
DPHHS Health Resources Division
Fiscal Bureau
1400 Broadway
PO Box 202951
Helena, MT 59620
The funds to be transferred to the Department by the City or County where the Contractor resides
must be derived from a general mill levy or other legally authorized mill levy or other source for which
the expenditure of the funds generated by the mill levy or other source are not limited in purpose or
are for purposes that encompass the matching of federal Medicaid funds.
The City or County where the Contractor resides may not retain any of the funds designated for the
Medicaid supplemental payment. In addition, the Ambulance provider must receive 100% of the
payments made by the Department and no such funds shall be returned to the City or County by the
provider. Furthermore, no funds from payments made under the approved Medicaid State Plan may
be transferred from the participating Ambulance provider to the City or County.
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ATTACHMENT C TO CONTRACT NO. 24-11-5-01-043-0
INVOICE
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ATTACHMENT D TO CONTRACT NO. 24-11-5-01-043-0
FEDERAL AND STATE LAW REQUIREMENTS
Rev. 1/25/2021
A. Compliance with Federal Authorities
Contractor assures that it and any of its subcontractors will comply with all federal laws,
regulations, and executive orders, that are applicable to this Contract, to include the provisions
of the below referenced laws, regulations and executive orders. The list is not intended, nor
must it be construed, as a listing of all federal authorities with which Contractor must comply for
the purposes of the Contract, or that Contractor must comply with each of the authorities listed.
The Contractor is responsible for determining with which federal authorities it must comply in the
performance of the Contract.
1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d, et seq.), prohibiting
discrimination based on race, color, or national origin, as implemented by DoD regulations
at 32 CFR part 195.
2. Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), prohibiting discrimination
based on age, as implemented by DoD regulations at 32 CFR part 196.
3. Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681, et seq.), prohibiting
discrimination based upon gender, as implemented by DoD regulations at 32 CFR part
196.
4. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), prohibiting discrimination
based upon disability, as implemented by Department of Justice regulations at 28 CFR
part 41 and DoD regulations at 32 CFR part 56.
5. Americans with Disabilities Act of 1990 (42 U.S.C. § 12101, et seq.), prohibiting
discrimination based upon disability.
6. Vietnam-Era Veterans Readjustment Assistance Act (38 U.S.C. § 4212), prohibiting
discrimination in employment against protected veterans and requiring affirmative actions
of recruit and employ protected veterans.
7. The Federal Executive Orders 11246, 11478, and 11375 and 41 CFR Part 60, requiring
equal employment opportunities in employment practices.
8. Executive Order No. 13166 requiring facilitation of access for persons with limited English
proficiency to federally funded services.
9. False Claims Act, 31 U.S.C. §§ 3729-3733 (the “Lincoln Law”), prohibiting recipients of
federal payments from submitting a false claim for payment.
10. Sherman Anti-Trust Act, 15 U.S.C. §§1-7m prohibiting any contract, trust, or conspiracy
in restraint of interstate of foreign trade.
11. Anti-Kickback Act of 1986, 41 U.S.C. §§ 51-58 and the Anti-Kickback Statute, 42 U.S.C.
§§ 1320(a)-(7)a, prohibiting the exchange or offer to exchange anything of value to induce
the referral of federal health care program business.
12. Copeland “Anti-Kickback” Act. Contractor agrees that it will comply with the Copeland
"Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations
(29 CFR Part 3). As applied to this Contract, the Copeland "Anti-Kickback" Act makes it
unlawful to induce, by force, intimidation, threat or procuring dismissal from employment, or
otherwise, any person employed in the construction or repair of public buildings or public
works, financed in whole or in part by the United States, to give up any part of the
compensation to which that person is entitled under a contract of employment.
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13. Debarment and Suspension. Contractor is subject to the non-procurement debarment
and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR
Part 180. These regulations restrict awards, subawards, and contracts with certain
parties that are debarred, suspended, or otherwise excluded from or ineligible for
participation in Federal assistance programs or activities. Contractor agrees to comply
with the DOD implementation of 2 CFR part 180 (at 2 CFR 1125) by checking the
Excluded Parties List System (EPLS) at the current OMB website to verify (sub)contractor
eligibility to receive contracts and subcontracts resulting from this Agreement. The
Contractor shall not solicit offers from, nor award contracts to contractors listed in EPLS.
This verification shall be documented in the Contractor’s contract files, and shall be
subject to audit by Federal and State audit agencies.
14. Whistleblower Protection Act, 10 U.S.C. 2409, 41 U.S.C. 4712, and 10 U.S.C. 2324, 41
U.S.C. 4304 and 4310, requiring compliance with statutory requirements for whistleblower
protections.
15. Byrd Anti-Lobbying Amendment, (31 U.S.C. 1352). Contractors that bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
16. Drug-Free Work Place. Contractor agrees to comply with the requirements regarding drug-
free workplace requirements in Subpart B of 32 CFR part 26, which implements sec.
5151-5160 of the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle
D; 41 U.S.C. 701, et seq.).
17. Federal Funding Accountability and Transparency Act of 2006, requiring reporting of
subawards and executive compensation;
a. First-tier Subawards.
All recipients, unless exempt as provided in paragraph D, must report each action
that obligates $30,000 or more in Federal funds that does not include Recovery
funds (as defined in section 1512(a)(2) of the American Recovery and
Reinvestment Act of 2009, Pub. L. 111-5) for a subaward to an entity. Recipients
must report the information about each obligating action in accordance with the
submission instructions posted at www.fsrs.gov.
b. Total Compensation of Recipient Executives.
i. All recipients must report total compensation for each of the five most highly
compensated executives for the preceding completed fiscal year, if,
(1) the total Federal funding authorized to date under this award is
$30,000 or more; in the preceding fiscal year, recipients received:
Eighty percent or more of the annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
(2) $25,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards); and
(3) The public does not have access to information about the
compensation of the executives through periodic reports filed under
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the Securities Exchange Act of 1934 and Internal Revenue Code of
1986.
ii. Where and when to report. Recipients must report executive total
compensation described in paragraph b.1 of this award term:
(1) The Contractor is to submit the Compensation Report to the
Department by the end of the month following the month in which the
total of the monies obligated through this Contract is at $30,000 or
more, whether occurring at the time of signing or at some later date
due to a contractual amendment. The Contractor must continue to
submit the Compensation Report annually during the term of the
Contract on the anniversary of the initial date of submittal, even if the
total consideration for the Contract is later amended to be less than
$30,000.
(2) The Contractor will submit the Compensation Report to the
Department by first-class mail addressed as follows or via email:
DPHHS
Attn: BFSD-FFATA Reporting
PO Box 4210
Helena, MT 59604-4210
hhsffata@mt.gov
c. Total Compensation of Subrecipient Executives.
All recipients unless exempt as provided in paragraph d. of this award term, for
each first-tier subrecipient. Recipients must report the names and total
compensation of each of the subrecipient's five most highly compensated
executives for the subrecipient's preceding completed fiscal year, if
i. in the subrecipient's preceding fiscal year, the subrecipient received:
(1) 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial
assistance subject to the Transparency Act, as defined at 2 CFR
170.320 (and subawards);
(2) $30,000,000 or more in annual gross revenues from Federal
procurement contracts (and subcontracts), and Federal financial
assistance subject to the Transparency Act (and subawards); and
(3) The public does not have access to information about the
compensation of the executives through periodic reports filed under
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code
of 1986.
d. Exemptions. All recipients' gross income, from all sources of the previous tax year,
under $300,000, are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of
any subrecipient.
18. Disclosure of Ownership and Control Information pursuant to 42 C.F.R. §§ 455.104,
455.105, and 455.106, requiring disclosures of ownership and control, business
transactions, and persons with criminal convictions in connection with the delivery of
Medicaid funded services.
19. Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the
Federal Information Technology For Economic And Clinical Health of 2009 (HITECH),
requiring compliance with privacy, security, electronic transmission, coding and other
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requirements applicable to Covered Entities or a Business Associate as defined for
purposes of the acts.
20. Patient Protection and Affordable Care Act – P.L. 111-148
21. Section 1557 of the Affordable Care Act and 45 CFR Part 92, prohibiting discrimination
in health programs and activities any part of which receives Federal financial assistance.
22. Use of United States Flag Vessels. Contactor agrees that travel under this Contract shall
use U.S.-flag air carriers ( air carriers holding certificates under 49 U.S.C. 41102) for
international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive
Practices Act of 1974 (49 U.S.C. 40118) and the inter-operative guidelines issued by the
Comptroller General of the United States in the March 31, 1981, amendment to
Comptroller General Decision B138942. Contactor/Vendor agrees that it will comply with
the Cargo Preference Act of 1954 (46 U.S.C. Chapter 553), as implemented by
Department of Transportation regulation at 46 CFR 381.7, and 46 CFR 381.7(b).
23. Buy American Act. Contractor agrees that it will not expend any funds appropriated by
Congress without complying with The Buy American Act (41 U.S.C. 10a et seq). The Buy
American Act gives preference to domestic end products and domestic construction
material. In addition, the Memorandum of Understanding between the United States of
America and the European Economic Community (EEC) on Government Procurement, and
the North American Free Trade Agreement (NAFTA), provide that EEC and NAFTA end
products and construction materials are exempted from application of the Buy American Act.
24. System For Award Management. Contractor agrees to comply with the System for Award
Management. Contractor must provide UEI number to the state. Unique Entity Identifier
(UEI) means a number or other identifier used to identify a specific commercial, nonprofit,
or Government entity. A UEI number may be obtained from www.sam.gov telephone
(currently 866-606-8220) or the internet (currently at www.sam.gov).
25. Procurement of Recovered Materials. Contractor must comply with Section 6002 of the
Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act.
The requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value
of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring
solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
26. 2 C.F.R. 200.326, Appendix II, Required Contract Clauses. 2 C.F.R. 200.326, Appendix
II, Required Contract Clauses are incorporated by reference as if set forth in full text and
are made part of this agreement as applicable. Contractor shall comply with all applicable
contract clauses and provide the same clauses in any subcontracts or purchase orders
issued in support of this agreement with the State.
27. Prohibition on Certain Telecommunications and Video Surveillance Services or
Equipment. The Contractor agrees it will not provide or use covered telecommunications
equipment or services in the performance of this Contract in compliance with 2 CFR
200.216. Covered telecommunications equipment or services has the meaning provided
in Public Law 115-232, Section 889.
28. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387, As Amended. Any Contract or subcontract in excess of $150,000
must comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387). Violations must be reported to the State who in turn will
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report to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
29. Rights to Inventions Made Under a Contract or Agreement. Any discovery or invention
that arises during the course of the Contract shall be reported to the non-Federal entity.
Contractor/Vendor must comply with the requirements of 37 CFR Part 401, “Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms under
Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency.
30. Uniform Relocation Assistance and Real Property Acquisition Polices. Contractor agrees
that it will comply with CFR 49 part 24, which implements the provisions of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601
et seq.) and provides for fair and equitable treatment of persons displaced by federally
assisted programs or persons whose property is acquired as a result of such programs.
31. Lobbying. Contractor agrees that it will not expend any funds appropriated by Congress to
pay any person for influencing or attempting to influence an officer or employee of any
agency, or a Member of Congress in connection with any of the following covered Federal
actions: the awarding of any Federal contract; the making of any Federal grant; the making
of any Federal loan; the entering into of any cooperative agreement; and, the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement. The Final Rule, New Restrictions on Lobbying, issued by the
Office of Management and Budget and the Department of Defense (32 CFR Part 28) to
implement the provisions of Section 319 of Public Law 101-121 (31 U.S.C. Section 1352)
is incorporated by reference and the State agrees to comply with all the provisions thereof,
including any amendments to the Interim Final Rule that may hereafter be issued.
32. Contract Work Hours and Safety Standards Act. Contractor agrees that it will comply with
Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3701-3708) as supplemented by Department of Labor regulations (29 CFR Part 5). As
applied to this agreement, the Contract Work Hours and Safety Standards Act specifies that
no laborer or mechanic doing any part of the work contemplated by this agreement shall be
required or permitted to work more than 40 hours in any workweek unless paid for all
additional hours at not less than 1.5 times the basic rate of pay.
33. Environmental Protection.
(a) Contractor agrees that its performance under this Contract shall comply with:
(1) The requirements of Section 114 of the Clean Air Act (42 U.S.C. Section
7414);
(2) Section 308 of the Federal Water Pollution Control Act (33 U.S.C. Section
1318), that relates generally to inspection, monitoring, entry reports, and
information, and with all regulations and guidelines issued thereunder;
(3) The Resources Conservation and Recovery Act (RCRA);
(4) The Comprehensive Environmental Response, Compensation and
Liabilities Act (CERCLA);
(5) The National Environmental Policy Act (NEPA);
(6) The Solid Waste Disposal Act (SWDA);
(7) The applicable provisions of the Clean Air Act (42 U.S.C. 7401, et seq.) and
Clean Water Act (33 U.S.C. 1251, et seq.), as implemented by Executive
Order 11738 and Environmental Protection Agency (EPA) rules at 40 CFR
Part 31; and
(8) To identify any impact this Contract may have on the quality of the human
environment and provide help as needed to comply with the National
Environmental Policy Act (NEPA, at 42 U.S.C. 4321, et seq.) and any
applicable federal, state or local environmental regulation.
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(b) In accordance with the EPA rules, the parties further agree that the
Contractor/Vendor shall also identify to the state any impact this Contract may
have on:
(1) The quality of the human environment and provide help the agency may
need to comply with the National Environmental Policy Act (NEPA, at 42
U.S.C 4321, et seq.) and to prepare Environment Impact Statements or
other required environmental documentation. In such cases, the recipient
agrees to take no action that will have an adverse environmental impact
(e.g., physical disturbance of a site such as breaking of ground) until the
agency provides written notification of compliance with the environmental
impact analysis process.
(2) Flood-prone areas, and provide help the agency may need to comply with
the National Flood Insurance Act of 1968 and Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001, et seq.), which require flood insurance, when
available, for federally assisted construction or acquisition in flood-prone
areas.
(3) Coastal zones, and provide help the agency may need to comply with the
Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.),
concerning protection of U.S. coastal resources.
(4) Coastal barriers, and provide help the agency may need to comply with the
Coastal Barriers Resource Act (16 U.S.C. 3501 et seq.), concerning
preservation of barrier resources.
(5) Any existing or proposed component of the National Wild and Scenic Rivers
System, and provide help the agency may need to comply with the Wild and
Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.).
(6) Underground sources of drinking water in areas that have an aquifer that is
the sole or principal drinking water source, and provide help the agency may
need to comply with the Safe Drinking Water Act (42 U.S.C 300H-3).
B. Compliance with State of Montana Authorities.
Contractor assures that it and any of its subcontractors will comply with all State of Montana
laws, rules, ordinances and executive orders, that are applicable to this Contract, to include the
provisions of the below referenced laws. The list is not intended, nor must it be construed, as a
listing of all state authorities with which Contractor must comply for the purposes of the Contract,
or that Contractor must comply with each of the authorities listed. Contractor is responsible for
determining with which state authorities it must comply in the performance of the Contract.
1. Montana False Claims Act, Title 17, Chapter 8, part 4, MCA.
2. Montana Anti-Trust laws – §30-14-201, MCA, et. seq.
3. Montana Human Rights Act Title 49 MCA
4. Montana Governmental Code of Fair Practices Title 49, Chapter 3
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ATTACHMENT E TO CONTRACT NO. 24-11-5-01-043-0
ASSURANCES
DEPARTMENT’S ANNUAL CERTIFICATION
DPHHS GS-301
Rev. 5/2019
ANNUAL CERTIFICATION FOR DEPARTMENT OF PUBLIC HEALTH & HUMAN SERVICES OF
THE CONTRACTOR’S COMPLIANCE WITH CERTAIN STATE AND FEDERAL REQUIREMENTS
This annual certification form is standardized for general use by the Department Of Public Health And
Human Services (Department) in contracting relationships. Not all of these assurances may be
pertinent to the Contractor's circumstances. The Contractor in signing this form is certifying compliance
only with those requirements that are legally or contractually applicable to the circumstances of the
contractual relationship of the Contractor with the Department.
These assurances are in addition to those stated in the federal OMB 424B (Rev. 7-97) form, known as
"ASSURANCES - NON-CONSTRUCTION PROGRAMS", issued by the federal Office of Management
of the Budget (OMB). Standard Form 424B is an assurances form that must be signed by the
Contractor if the Contractor is to be in receipt of federal monies.
There may be program specific assurances, not appearing either in this form or in the OMB Standard
Form 424B, for which the Contractor may have to provide additional certification.
This form and OMB Standard Form 424B are to be provided with original signatures to the Department's
contract liaison. The completed forms are maintained by the Department in the pertinent procurement
and contract files.
Further explanation of several of the requirements certified through this form may be found in the text
of related contract provisions and in the Department's policies pertaining to procurement and
contractual terms. In addition, detailed explanations of federal requirements may be obtained through
the Internet at sites for the federal departments and programs and for the Office for Management of the
Budget (OMB) and the General Services Administration (GSA).
ASSURANCES
The Contractor, Bozeman Fire Department, for the purpose of contracting with the Montana
Department of Public Health & Human Services, by its signature on this document certifies to the
Department its compliance, as may be applicable to it, with the following requirements.
The Contractor assures the Department:
GENERAL COMPLIANCE REQUIREMENTS
A. That the Contractor does not engage in conflicts of interest in violation of any state or federal
legal authorities, any price fixing or any other anticompetitive activities that violate the federal
antitrust Sherman Act, 15 U.S.C. §§1 – 7, Anti-Kickback Act, 41 U.S.C. §§ 51-58, and other
federal legal authorities. And that the Contractor does not act in violation of 18-4-141, MCA or
other legal authorities by colluding with other contractors for the purpose of gaining unfair
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advantages for it or other contractors or for the purpose of providing the services at a
noncompetitive price or otherwise in a noncompetitive manner.
B. That the Contractor does not act in violation of the federal False Claims Act at31 U.S.C. §§ 3729
3733(the “Lincoln Law”) or of the Montana False Claims Act, at Title 17, chapter,8, part 4, MCA.
And that the Contractor and its employees, agents and subcontractors act to comply with
requirements of the federal False Claims Act by reporting any credible evidence that a principal,
employee, agent, contractor, subgrantee, subcontractor, or other person has submitted a false
claim to the federal government.
C. That the Contractor is solely responsible for and must meet all labor, tax, and other legal
Authorities requirements pertaining to its employment and contracting activities, inclusive of
insurance premiums, tax deductions, unemployment and other tax withholding, overtime wages
and other employment obligations that may be legally required with respect to it.
D. That the Contractor maintains necessary and appropriate workers compensation insurance
coverage.
E. That the Contractor is an independent contractor and possesses, unless by law not subject to
or exempted from the requirement, a current independent contractor certification issued by the
Montana Department Of Labor And Industry in accordance with 39-71-417 through 39-71-419,
MCA.
F. That the Contractor’s subcontractors and agents are in conformance with the requirements of
Sections B, C, and D of this Certification.
G. That the Contractor, any employee of the Contractor, or any subcontractor in the performance
of the duties and responsibilities of the proposed Contract: 1) are not currently suspended,
debarred, or otherwise prohibited in accordance with 2 CFR Part 180, OMB Guidelines To
Agencies On Government wide Debarment and Suspension (nonprocurement) from entering
into a federally funded contract or participating in the performance of a federally funded contract;
and 2) are not currently removed or suspended in accordance with 18-4-241, MCA from entering
into contracts with the State Of Montana.
H. That the Contractor is in compliance with those provisions of the privacy, security, electronic
transmission, coding and other requirements of the federal Health Insurance Portability And
Accountability Act of 1996 (HIPAA) and the federal Health Information Technology For Economic
And Clinical Health (HITECH), a part of the American Recovery And Reinvestment Act Of 2009,
and the implementing federal regulations for both acts that are applicable to contractual
performance if the Contractor is either a Covered Entity or a Business Associate as defined for
purposes of those acts.
I. That, as required by legal authorities or contract, the Contractor maintains smoke and tobacco
free public and work sites. And if the contract performance is related to the delivery of a human
service, the Contractor does not perform any work involved in the production, processing,
distribution, promotion, sale, or use of tobacco products or the promotion of tobacco companies;
or 3) accept revenues from the tobacco industry or subsidiaries of the tobacco industry if the
acceptance results in the appearance that tobacco use is desirable or acceptable or in the
appearance that the Contractor endorses a tobacco product or the gifting tobacco related entity.
COMPLIANCE REQUIREMENTS FOR FEDERALLY FUNDED CONTRACTS
J. That the Contractor, in conformance with the Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.),
prohibits smoking at any site of federally funded activities that serve youth under the age of 18.
This federal prohibition is not applicable to a site where the only federal funding for services is
through Medicaid monies or the federally funded activity at the site is inpatient drug or alcohol
treatment.
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K. That the Contractor does not expend federal monies in violation of federal legal authorities
prohibiting expenditure of federal funds on lobbying the United States Congress or state
legislative bodies or for any effort to persuade the public to support or oppose legislation.
L. That the Contractor maintains in compliance with the Drug-Free Workplace Act of 1988, 41
U.S.C. 701, et seq., drug free environments at its work sites, providing required notices,
undertaking affirmative reporting, and other requirements, as required by federal legal
authorities.
M. That the Contractor is not delinquent in the repayment of any debt owed to a federal entity.
N. That the Contractor, if expending federal monies for research purposes, complies with federal
legal authorities relating to use of human subjects, animal welfare, biosafety, misconduct in
science and metric conversion.
O. That the Contractor, if receiving aggregate payments of Medicaid monies totaling $5,000,000 or
more annually, has established in compliance with 1902(a)(68) of the Social Security Act, 42
U.S.C. 1396a(a)(68), written policies with educational information about the federal False Claims
Act at 31 U.S.C. §§ 3729–3733 (the “Lincoln Law”) and presents that information to all
employees.
P. That the Contractor is in compliance with the executive compensation reporting requirement of
the Federal Funding Accountability And Transparency Act (FFATA or Transparency Act), P.L.
109-282, as amended by Section 6202(a), P.L. 110-252-1, either in that the Contractor does not
meet the criteria necessitating the submittal of a report by an entity or in that, if the Contractor
meets the criteria mandating reporting, the Contractor produces the information in a publicly
available report to the Securities And Exchange Commission (SEC) or to the Internal Revenue
Service and provides the report in a timely manner to the Department or produces a separate
report with the information and submits that report to the in a timely manner to the Department.
Q. That the Contractor, if a contractor for the delivery of Medicaid funded services, is in compliance
with the requirements of 42 C.F.R. §§ 455.104, 455.105, and 455.106 concerning disclosures of
ownership and control, business transactions, and persons with criminal convictions.
R. That the Contractor, if providing federally funded health care services, is not as an entity currently
federally debarred from receiving reimbursement for the provision of federally funded health care
services and furthermore does not currently have any employees or agents who are federally
debarred from the receiving reimbursement for the provision of federally funded health care
services.
COMPLIANCE REQUIREMENTS FOR FEDERALLY FUNDED CONTRACTS INVOLVING THE
PURCHASE OR DEVELOPMENT OF PROPERTY
S. That the Contractor manages any real, personal, or intangible property purchased or developed
with federal monies in accordance with federal legal authorities.
T. That the Contractor, if expending federal monies for construction purposes or otherwise for
property development, complies with federal legal authorities relating to flood insurance, historic
properties, relocation assistance for displaced persons, elimination of architectural barriers,
metric conversion and environmental impacts.
U. That the Contractor, if the Contract exceeds $100,000, complies with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the federal Energy Policy and Conservation Act, Pub. L. 94-163, 42
U.S.C. §6321 et. seq.
V. That the Contractor, if the Contract exceeds $100,000, complies with all applicable standards,
orders and requirements issued under Section 306 of the Clean Air Act, 42 U.S.C. 7607, Section
508 of the Clean Water Act, 33 U.S.C. 1368, Executive Order 11738, and U.S. Environmental
Protection Agency regulations, 40 C.F.R. Part15 and that if the Contractor enters into a
subcontract that exceeds $100,000 these requirements are in that contract.
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CONTRACTOR
BY: ___________________________________ Date: ________________________
Chuck Winn, City Manager
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SOURCES OF INFORMATION
DPHHS GS-302
Rev. 06/2018
SOURCES OF INFORMATION ON THE PRIVACY, TRANSACTIONS AND SECURITY
REQUIREMENTS PERTAINING TO HEALTH CARE INFORMATION OF THE FEDERAL HEALTH
INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) AND THE FEDERAL HEALTH
INFORMATION TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (HITECH),
ENACTED AS PART OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
The following are sources of information concerning the applicability of and implementation of the
privacy, transactions and security requirements of HIPAA and HITECH. The Department Of Public
Health & Human Services requires that contractors generating, maintaining, and using health care
information in relation to recipients of State administered and funded services be compliant with the
requirements of HIPAA and HITECH as applicable under the federal legal authorities and the status of
the Department as a health care plan.
There can be difficulty in interpreting the applicability of the HIPAA and HITECH requirements to an
entity and various circumstances. It is advisable to retain knowledgeable experts to advise concerning
determinations of applicability and appropriate compliance.
Websites specified here may be changed without notice by those parties maintaining them.
FEDERAL RESOURCES
The following are official federal resources in relation to HIPAA and HITECH requirements. These are
public sites. Implementation of the additional requirements under HITECH, due to the more recent date
of enactment, is occurring on an ongoing basis.
1. Error! Hyperlink reference not valid. www.hhs.gov/ocr/hipaa
The federal Department Of Health & Human Services / Office Of Civil Rights (OCR) provides
information pertaining to privacy and security requirements under HIPAA and HITECH including
the adopted regulations and various official interpretative materials. This site includes an inquiry
service. OCR is responsible for the implementation of the privacy and security aspects of
HIPAA/HITECH and serves as both the official interpreter for and enforcer of the privacy
requirements.
2. U.S. Department Of Health & Human Services / Centers For Disease Control & Prevention
http://www.cdc.gov/Other/privacy.html. The federal Department Of Health & Human Services /
Centers For Disease Control & Prevention (CDC) provides information pertaining to the
application of privacy requirements under HIPAA to public health activities and programs.
STATE RESOURCES
The Department Website For Medicaid Provider Information provides general information for providers
of services on compliance with various state and federal requirements.
https://medicaidprovider.mt.gov/
Further information concerning HIPAA/HITECH compliance in the delivery of services funded through
the Department’s various programs can be reviewed at the Department Website for DPHHS HIPAA
Policies. https://dphhs.mt.gov/HIPAA
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Certain departmental programs may have more detailed guidance available in relation to particular
programs of services. Inquiries may be directed at a program to determine if further information is
available.
PROVIDER ASSOCIATIONS
Many national and state provider associations have developed extensive resources for their
memberships concerning HIPAA/HITECH requirements. Those are important resources in making
determinations as to the applicability and implementation of HIPAA/HITECH.
CONSULTANT RESOURCES
There are innumerable consulting resources available nationally. The Department does not make
recommendations or referrals as to such resources. It is advisable to pursue references before
retaining any consulting resource. Some consulting resources may be inappropriate for certain types
of entities and circumstances.
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ASSURANCES NON-CONSTRUCTION OMB 424
OMB Approval No. 0348-0040 ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per
response, including time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions reducing this burden, to the Office of Management and Budget, Paperwork Reduction
project (0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM
TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY
THE SPONSORING AGENCY.
Note: Certain of these assurances may not be applicable to your project or program. If you
have questions, please contact the awarding agency. Further, certain Federal awarding
agencies may require applicants to certify to additional assurance. If such is the case,
you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial and
financial capability (including funds sufficient to pay the non-Federal share of project costs) to
ensure proper planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate,
the State, through any authorized representative, access to and the right to examine all records,
books, papers or documents related to the award; and will establish a proper accounting system
in accordance with generally accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or
personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of
the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728-4763) relating
to prescribed standards for merit systems for programs funded under one of the nineteen
statutes or regulations specified in Appendix A of OPM s Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include, but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972,
as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibit discrimination on the
basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794),
which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975,
as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e)
the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of
the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3) as amended, relating
to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act
of 1968 (42 U.S.C. 2601 et seq.), as amended, relating to nondiscrimination in the sale, rental
or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under
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which application for Federal assistance is being made; and (j) the requirements of any other
nondiscrimination statute(s) which may apply to the application.
7. Will comply or has already complied, with the requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-66), which
provide for fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or federally assisted programs. These requirements apply to all interests in
real property acquired for project purposes regardless of Federal participation in purchases.
8. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324-7328) which
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. 276a to
276a-7), the Copeland Act (40 U.S.C. 276c and 18 U.S.C. 874), and the Contract Work
Hours and Safety Standards Act (40 U.S.C. 327-333, regarding labor standards for federally
assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the
Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood
hazard are to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following:
(a) institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities
pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with
the approval State management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955k, as amended (42
U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered
species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection
of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.
469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research,
development and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.
2131 et seq.) pertaining to the care, handling and treatment of warm-blooded animals held for
research, teaching or other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.)
Which prohibits the use of lead-based paint in construction or rehabilitation of residence
structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the
Single Audit Act of 1984.
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18. Will comply with all applicable requirements of all other Federal laws, executive orders,
regulations and policies governing this program.
CONTRACTOR
BY: __________________________________ Date: ____________________
Chuck Winn, City Manager
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DISCLOSURE OF LOBBYING ACTIVITIES
DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046
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INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawarded or prime Federal recipient,
at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to Title
31 U.S.C., Section 1352. The filing of a form is required for each payment or agreement to make payment to
any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a
covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to
influence the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material
change to the information previously reported, enter the year and quarter in which the change occurred.
Enter the date of the last previously submitted report by this reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional
District, if known. Check the appropriate classification of the reporting entity that designates if it is, or
expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1st tier. Subawards include, but are not limited to, subcontracts, subgrants
and contract awards under grants.
5. If the organization filing the report in Item 4 checks Subawardee , then enter the full name, address,
city, state and zip code of the prime Federal recipient. Include Congressional District, if known.
6. Enter the name of the Federal agency making the award of loan commitment. Include at least one
organizational level below agency name, if known. For example, Department of Transportation, United
States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action (Item 1). If known, enter
the full Catalog of Federal Domestic Assistance (CFDA/ALN) number for grants, cooperative agreements,
loans and loan commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identified in Item
1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement
number, the contract, grant or loan award number; the application/proposal control number assigned by
the Federal agency). Include prefixes, e.g., RFP-DE-90-001".
9. For a covered Federal action, where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the award/loan commitment for the prime entity identified in Item 4 or 5.
10. (a) Enter the full name, address, city, state and zip code of the lobbying registrant under the Lobbying
Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered
Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different
from 10(a). Enter Last Name, First Name and Middle Initial (MI).11. The certifying official shall sign and
date the form, print his/her name, title and telephone number.
According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of
information unless it displays a valid OMB Control Number. The valid OMB control number for this information
collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to
average 10 minutes per response, including time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed and completing and reviewing the collection of information. Send
comments regarding the burden estimate or any other aspect of this collection of information, including
suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project
(0348-0046), Washington, DC 20503.
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ATTACHMENT F TO CONTRACT NO. 24-11-5-01-043-0
Rev. 4/2019
BUSINESS ASSOCIATE AGREEMENT
PARTIES
This Business Associate Agreement (Agreement) is entered into between the Department of Public
Health and Human Services, (the “Department”), State of Montana (State), whose contact information
is as follows: P.O. Box 202951, Helena, MT, 59620, Phone Number (406) 444-3995, Fax Number (406)
444-1861, and Bozeman Fire Department (Business Associate), whose contact information is as
follows: Federal Tax ID Number 81-6001238, UEI Number EEAPKALAEM35, 300 E. Oak St, Bozeman,
MT 59715, Phone Number (406) 582-2351.
THE PARTIES AGREE AS FOLLOWS:
1. Business Associate Status
a. The Department is subject to and must comply with provisions of the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), as codified at 42 U.S.C. § 1320d-d8,
and the Health Information Technology for Economic and Clinical Health Act (the
"HITECH Act"), enacted as part of the American Recovery and Reinvestment Act of 2009,
as codified at 42 U.S.C. §§ 300jj et seq. and §§ 17901, et seq. and the implementing
regulations for the two acts at 45 CFR Parts 160, 162 and 164.
b. The Department has determined it is a hybrid entity as defined in the implementing
regulations, that is a covered entity performing both covered and non-covered functions.
Under the HIPAA and HITECH and the implementing regulations, the Business
Associate, as an entity that performs or assists in the performance of an administrative or
data function for the Department involving the use or disclosure of protected health
information (PHI) for the Department, is acting as a business associate of a covered
entity.
2. Definitions that Apply to This Agreement
Terms used in this Agreement have the same meaning as those terms in the HIPAA and HITECH Acts
and the implementing regulations.
3. Status as a Business Associate
The Business Associate agrees that it is a Business Associate of the Department, as defined at 45 CFR
§ 160.103, and further agrees that it is obligated to comply with the terms of this Agreement and with
the requirements of the HIPAA and HITECH Acts and the implementing regulations.
4. Obligations of Business Associate
The Business Associate, as a business associate of the Department, must:
a. use or disclose PHI, including E-PHI, only as is permitted or required by this Agreement,
in compliance with the Department's minimum necessary standard policies and
procedures, or by applicable law inclusive of 45 CFR Parts 160, 162 and 164;
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b. use appropriate safeguards to prevent use or disclosure of PHI and E-PHI other than as
provided for by this Agreement or by law;
c. implement appropriate administrative, physical and technical security safeguards as set
forth in § 164.306, § 164.308, and § 164.312, that reasonably and appropriate protect the
confidentiality, integrity, and availability of PHI and prevent use or disclosure of the PHI
other than as provided for by this Agreement;
d. mitigate to the extent practicable and as may be directed by the Department any harmful
effect that is known to the Business Associate of a use or disclosure of PHI by the
Business Associate that is in violation of the requirements of this Agreement;
e. report in a timely manner as required by law and this Agreement to the Department any
use or disclosure of the PHI not provided for by this Agreement inclusive of uses and
disclosures of information that are not in compliance with the minimum necessary
standard;
f. report to the Department any security incident of which it becomes aware, and at the
request of the Department must identify: i) the date of the security incident, ii) the scope
of the security incident, iii) the Business Associate's response to the security incident, and
iv) the identification of the party responsible for causing the security incident, if known;
g. enter, as required by 45 CFR § 164.504, into Business Associate Agreements containing
the terms and conditions as required by the HIPAA and HITECH Acts and the
implementing regulations and as are stated in this Agreement, with any subcontractors
performing services in relation to the services being provided by the Business Associate
for the Department that involve PHI;
h. make internal practices, books, and records, including policies and procedures and PHI,
relating to the use and disclosure of PHI received from, or created or received by the
Business Associate on behalf of the Department, available to the Department, or to the
Secretary of the Federal Department of Health and Human Services in accordance with
45 CFR § 164.408, in a time and manner prescribed by the Department or designated by
the Secretary, for purposes of the Secretary determining the Department's and the
Business Associate's compliance with the Privacy Regulation, the Security Regulation,
and the HITECH Act;
i. document disclosures of PHI and collect information related to those disclosures
necessary for the Department to respond to a request by a person for an accounting of
disclosures of PHI in accordance with 45 CFR § 164.528 and Section 13405(c) of the
HITECH Act;
j. provide to the Department or a person, in time and manner prescribed by the Department,
documentation necessary for the Department to respond to a request by a person for an
accounting of disclosures of PHI in accordance with 45 CFR § 164.528. Notwithstanding
45 CFR § 164.528(a)(1)(i), the Business Associate must document disclosures of PHI
made through an electronic health record to carry out treatment, payment or health care
operations as provided by 45 CFR § 164.506 in the six years prior to the date on which
the accounting is requested, and to collect information related to such disclosures as
required by the Secretary in regulation pursuant to Section 13405(c)(2) of the HITECH
Act;
k. implement a response program, in compliance with Section 13402 of the HITECH Act
and implementing regulations, and Subpart D of 45 CFR Part 164 that specifies the
actions to be taken when the Business Associate detects or becomes aware of
unauthorized access to information systems. The response program must include the
following features:
(i) The Business Associate must notify the Department, by facsimile or telephone, of
any breach or suspected breach of its security related to areas, locations, or
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computer system which contain unsecured PHI, including, without limitation, any
instance of theft, unauthorized access by fraud, deception, or other malfeasance
or inadvertent access (an "incident") in accordance to 45 CFR § 164.410, as
promptly as possible, upon having reason to suspect that an incident may have
occurred or determining the scope of any such incident, but in no event later than
two (2) calendar days upon having reason to suspect that an incident may have
occurred;
(ii) In the event of any incident, the Business Associate must provide to the
Department, in writing, those details concerning the incident as the Department
may request, and must cooperate with the Department, its regulators and law
enforcement to assist in regaining possession of the unsecured PHI and in
preventing its further unauthorized use, and take any necessary remedial actions
as may be required by the Department to prevent other or further incidents;
(iii) If the Department determines that it may need to notify any person(s) as a result
of such incident that is attributable to the Business Associate's breach of its
obligations under this Agreement, the Business Associate must bear all
reasonable direct and indirect costs associated with the determination, including,
without limitation, the costs associated with providing notification to the affected
person, providing fraud monitoring or other services to affected persons and any
forensic analysis required to determine the scope of the incident;
(iv) The Business Associate, working in cooperation with the Department, must update
the notice provided to the Department under this Agreement of the incident to
include, to the extent possible and as soon as possible, the identification of each
person whose unsecured PHI has been, or is reasonably believed by the Business
Associate or the Department to have been accessed, acquired, used or disclosed
during the incident and must provide any of the following information the
Department is required to include in its notice to the person pursuant to 45 CFR §
164.404(c):
(A) A brief description of what happened, including the date of the incident and
the date of the discovery of the incident, if known;
(B) A description of the types of unsecured PHI that were involved in the
incident (e.g., Social Security Number, full name, date of birth, address,
diagnosis);
(C) Any steps the person should take to protect themselves from potential harm
resulting from the incident;
(D) A brief description of what is being done to investigate the incident, mitigate
the harm, and protect against future incidents;
(E) Contact procedures for persons to ask questions or learn additional
information which shall include a toll-free number, an e-mail address,
website, or postal address; and
(F) This additional information must be submitted to the Department
immediately at the time the information becomes available to the Business
Associate.
(v) limit its use and disclosure of PHI created or received by the Business Associate
from or on behalf of the Department to uses or disclosures as are permitted to the
Business Associate under the applicable requirements of 45 CFR § 164.504(e)
and the HITECH Act and the terms of this Agreement. The Business Associate
must also comply with the additional requirements of Subtitle D of the HITECH Act
that relate to privacy and that apply to covered entities and to the Business
Associate as a business associate; and
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(vi) respond to a person's request under 45 CFR § 164.522(a)(1)(i)(A) that the
Business Associate restrict the disclosure of the person's PHI.
5. Permitted Uses, Disclosures and Limitations
a. Except as otherwise limited in this Agreement, the Business Associate may use or
disclose PHI on behalf of, or to provide services to, the Department for the following
purposes, if such use or disclosure of PHI would not violate the requirements of the HIPAA
and HITECH Acts and the implementing regulations if done by the Department or
otherwise violate the minimum necessary policies and procedures of the Department:
to perform services within this Contract.
b. The Business Associate may use PHI to report violations of federal and state laws to
appropriate Federal and State authorities, consistent with 45 CFR § 164.502(j)(1) and (2).
c. The Business Associate, as required by 45 CFR § 164.504(e)(1)(iii), must terminate any
business associate agreement with a subcontractor that violates the requirements of this
Agreement or the applicable law.
d. The Business Associate shall not directly or indirectly receive remuneration in exchange
for PHI that is created or received by the Business Associate from or on behalf of the
Department.
6. Use and Disclosure for Business Associate's Purposes
a. The Business Associate must use and disclose PHI that is created or received by the
Business Associate from or on behalf of the Department in compliance with each
applicable requirement of 45 CFR § 164.504(e) and the HITECH Act.
b. The Business Associate may use and disclose PHI for the proper management and
administration of the Business Associate or to carry out the legal responsibilities of the
Business Associate provided that:
(i) the disclosures are required by law;
(ii) the disclosures are expressly authorized in this Agreement by the Department;
(iii) the Business Associate obtains reasonable assurances from the person to whom
the information is disclosed that it will remain confidential and used or further
disclosed only for the purpose for which it was disclosed to the person; and
(iv) the Business Associate requires the person to whom the information is disclosed
to immediately report any incident of which it is aware in which the confidentiality
of the information has been breached.
c. The Business Associate may only use PHI for Data Aggregation purposes if the
Department in this Agreement expressly authorizes those purposes and the Data
Aggregation is permitted in accordance with 42 CFR § 164.504(e)(2)(i)(B).
d. To the extent otherwise permitted by this Agreement, a communication that is described
in the definition of Marketing in 45 CFR § 164.501 for which the Department receives or
has received Direct or Indirect Payment (excluding payment for Treatment) in exchange
for making such communication, shall not be considered a Health Care Operation unless:
(i) such communication describes only a drug or biologic that is currently prescribed
for the recipient of the communication and any payment received in exchange for
making such a communication is reasonable in amount; or
(ii) the communication is made by the Business Associate on behalf of the Department
and the communication is otherwise consistent with this Agreement. No
communication may be made by the Business Associate without prior written
authorization by the Department.
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7. Obligations of the Department
a. The Department must notify the Business Associate of any limitation(s) in the
Department's notice of privacy practices in accordance with 45 CFR § 164.520, to the
extent that such limitation may affect the Business Associate's use or disclosure of PHI.
A copy of the Department's Notice of Privacy Practice is attached to this Agreement and
incorporated herein.
b. The Department must notify the Business Associate of any changes in, or revocation of,
permission by a person to use or disclose PHI, to the extent that such changes may affect
the Business Associate's use or disclosure of PHI.
c. The Department must notify the Business Associate of any restriction to the use or
disclosure of PHI that the Department has agreed to in accordance with 45 CFR §
164.522, to the extent that such restriction may affect the Business Associate's use or
disclosure of PHI.
d. The Department, except as may be expressly agreed to by the parties and stated in this
Agreement, may not request the Business Associate to use or disclose PHI in any manner
that would not be permissible under the requirements of the HIPAA and HITECH Acts
and the implementing regulations if done by the Department.
8. Term and Termination
a. The term of this Agreement shall be effective as of the effective date that the Business
Associate begins delivery of its services and shall terminate when all of the PHI provided
by the Department to the Business Associate, or created or received by the Business
Associate on behalf of the Department, is destroyed or returned to the Department, or, if
it is infeasible to return or destroy PHI, protections are extended to such information, in
accordance with the termination provisions in this subsection.
b. Upon the Department's knowledge of a breach, as defined in § 164.402, by the Business
Associate, the Department, as its sole discretion, must provide an opportunity for the
Business Associate to:
(i) cure the breach; or
(ii) end the violation and terminate this Agreement if the Business Associate does not
cure the breach; or
(iii) end the violation within the time specified by the Department; or
(iv) immediately terminate this Agreement if the Business Associate has breached a
material term of this Agreement and cure is not possible; or
(v) if neither termination nor cure are feasible, the Department must report the
violation to the Secretary.
c. Upon the Business Associate's knowledge of a material breach by the Department, the
Business Associate must either:
(i) notify the Department of such breach in reasonable detail, and provide an
opportunity for the Department to cure the breach or violation; or
(ii) if cure is not possible, the Business Associate may immediately terminate this
Agreement; or
(iii) if neither termination nor cure is feasible, the Business Associate shall repot the
violation to the Secretary.
d. The Department may unilaterally terminate this Agreement with the Business Associate
upon thirty (30) days written notice in the event:
(i) the Business Associate does not promptly enter into negotiations to amend this
Agreement when requested by the Department pursuant to the terms of this
Agreement; or
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(ii) the Business Associate does not enter into an amendment to this Agreement
providing assurance regarding the safeguarding of PHI that the Department, in its
sole discretion, deems sufficient to satisfy the standards and requirements of the
HIPAA and HITECH Acts and the implementing regulations.
9. Effect of Termination
a. Except as provided in this subsection, upon termination of this Agreement, for any reason,
the Business Associate shall at the Department's sole discretion return or destroy all PHI
received from the Department, or created or received by Business Associate on behalf of
the Department. This Agreement shall apply to PHI that is in the possession of
subcontractors or agents of the Business Associate. The Business Associate shall retain
no copies of the PHI.
b. In the event that the Business Associate determines that returning or destroying the PHI
is infeasible, the Business Associate must provide to the Department notification of the
conditions that make return or destruction infeasible. Upon written agreement by the
Department that return or destruction of PHI is infeasible, the Business Associate must
extend the protections of this Agreement to such PHI and limit further uses and
disclosures of such PHI to those purposes that make the return or destruction infeasible,
for so long as the Business Associate maintains such PHI.
10. Miscellaneous
a. Regulatory References. A reference in this Agreement to a section in the Privacy
Regulation or Security Regulation means the section as in effect or as amended.
b. Amendment. The Parties agree to take such action as is necessary to amend this
Agreement from time to time as is necessary for the Department to comply with the
requirements of the HIPAA and HITECH Acts and the implementing regulations.
c. Survival. The respective rights and obligations of the Business Associate under this
Agreement shall survive the termination of this Agreement.
d. Interpretation. Any ambiguity in this Agreement shall be resolved to permit the
Department to comply with the requirements of the HIPAA and HITECH Acts and the
implementing regulations.
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MONTANA DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
BY: Date:
Mary LeMieux, Health Resources Division Administrator
BUSINESS ASSOCIATE
BY: Date:
Chuck Winn, City Manager
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Memorandum
REPORT TO:City Commission
FROM:Takami Clark, Communications & Engagement Manager
SUBJECT:Authorize the City Manager to sign an Amendment 1 to the PSA with The
Nest Collective, LLC for the Sustainable Management Program Education and
Outreach
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign an Amendment 1 to the PSA with The
Nest Collective, LLC for the Sustainable Management Program Education and
Outreach
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:
In 2022, Bozeman City Commission directed staff to implement an Organics
program offering for city residents. A year later, the city was awarded an EPA
grant to offset certain capital costs associated with launching the Bozeman
Sustainable Organics Management Program. This grant also allowed staff to
hire a communication consultant to increase awareness of the new program
and educate on how it works. The composting program launched in 2025,
and with help from our communications consultant, we were able to
increase awareness and sign residents up for the new service.
The education and outreach component of this program has been underway
for one year. The grant award provides approximately $100,000 for these
services and allows for two years of marketing. This contract amendment
extends the contract into the second year.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the commission.
FISCAL EFFECTS:The grant allows approximately $100,000 to be spent on outreach and
education.
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Attachments:
RFP for Bozeman Sustainable Organics Management Program
Education and Outreach Nest Submittal.pdf
PSA Amendment Organics Nest.docx
Report compiled on: December 8, 2025
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From:kendra callantine
To:Bozeman Procurement
Cc:The Nest General
Subject:[EXTERNAL]Professional Services Agreement for Bozeman Sustainable Organics Management Program Educationand Outreach , The Nest Collective, LLC, Nov. 14, 5pm
Date:Wednesday, November 13, 2024 12:26:02 PM
Attachments:Bozeman Sustainable Organics Program RFP_TheNestCollective Response Final.pdf
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Greetings. Please find attached, The Nest Collective's response to the Request for Proposals
for Bozeman Sustainable Organics Management Program Eduction and Outreach.
Please confirm receipt of this email and the attached document.
Kendra CallantineThe Nest Collective, LLC
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REQUEST FOR PROPOSALS (RFP)
PROFESSIONAL SERVICES AGREEMENT FOR BOZEMAN SUSTAINABLE
ORGANICS MANAGEMENT PROGRAM EDUCATION AND OUTREACH
CITY OF BOZEMAN
PREPARED FOR: The City of Bozeman
November 14, 2024
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PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to
submit the following information. Responses to each item should appear in the
same order as in this RFP and should identify the item to which the responses
applies.
a) Consultant’s legal name, address, telephone number, website (if any), and
email address.
The Nest Collective, LLC
570 Prospector Trail
Bozeman, MT 59718
www.thenestbzn.com
Contacts:
Kendra Callantine
406.570.6613
kendracallantine@gmail.com
hello@thenestbzn.com
Robyn Egloff
406.209.6868
robynegloffdesign@yahoo.com
Becky Edwards
406.570.9472
becky@sunsnowcreative.com
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b) Statement of qualifications that includes Consultant’s professional credentials,
experience, and qualifications in providing the Scope of Services stated in this
Request for Proposal.
The Nest Collective is led by three Montana women. Kendra Callantine was born in
Bozeman, and grew up a short stroll from Kirk Hill, along with generations of her
ancestors. Robyn Egloff and Becky Edwards moved to Bozeman in the 1990s as
athletes at Montana State University. All have committed wholeheartedly to Bozeman—
raising families, building businesses, spearheading nonprofits, and giving back
wherever possible in this newly minted municipality, which still feels like a small town to
all of us.
We’ve had the honor of working with the City of Bozeman, and specifically City of
Bozeman Solid Waste Division for more than ten years. We’ve been right there to help
the Solid Waste team with schedule updates, program changes, bear aware campaigns,
and more, and we lead the outreach effort for the change to single-stream recycling in
late 2013. We’ve risen to the occasion, learned from the obstacles, and nimbly adapted
to fast-changing times to consistently broadcast important garbage and recycling
messages.
We’re women at the peak of our careers, each equipped with several decades of
focused experience in communications. Before our days working with the teams at the
City of Bozeman, we negotiated multi-million-dollar media buys and earned priceless
PR for the Montana Office of Tourism, spurring record tourism growth. We art directed
communications for First Interstate Bank, the Bozeman CVB, and the Bozeman Public
Library, ensuring their successes. Now, as we send our kids off to college, high school,
grad school and their own lives, we’re dedicated to sharing our expertise with you and
our community. To that end, we’re sitting on conservation boards, volunteering with
local nonprofits, and pitching the work we think makes the most of our talents and that
includes continuing and building on our partnership with the City of Bozeman Solid
Waste Division.
We are immensely proud of our past decade plus of working with the City of Bozeman
and specifically the Solid Waste team. Through the pages of this RFP, we look forward
to sharing our experience, resumes, and how we can best meet and exceed the
expectations of the City of Bozeman and our community. Most importantly, we look
forward to tackling this challenge using what we have learned to build on the brand and
outreach we’ve already made for the Solid Waste Division.
Using the provided Scope of Services, we have included each task below with our
specific qualifications. We recognize that communication is organic, and as the City’s
needs change and evolve with this program, so should this scope. We also won’t
hesitate to recommend opportunities where we think we can add critical value—that’s
our job as contractors.
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TASK 1: WEBSITE UPDATE
Consultant will provide copywriting, design, and coordination services with City staff for
web material related to the Organics Program.
• The Nest has worked with multiple clients to create everything from simple static
web pages to complex websites, including navigation, sitemaps, copy, imagery,
and even video. For the City of Bozeman we have worked with the IT department
to update individual department web pages and consulted with them when the
website overhaul happened several years ago. Our goal for the City of Bozeman
always has been, and is, to provide clear and concise copy, visuals, and
navigation suggestions that ultimately makes it easy for the end users.
• Our work with the City of Bozeman through our existing and former contracts
have allowed us to create suggested layouts for the Bozeman Public Safety
Center ballot initiative, City of Bozeman Facilities Bond and Affordable Housing
Mill Levy Education Effort, S. 6th Street Construction, Main Street Construction,
Water Conservation, Bozeman Street Report (construction and winter), and
more.
TASK 2: SOCIAL MEDIA
Consultant will provide continual services to design and implement social media
campaign related to the Organics Program.
• As with all campaigns we’ve created for the City of Bozeman, we suggest using
Facebook, Instagram, X (formerly Twitter), and Nextdoor to reach Bozeman
residents. Applying consistent, repeated messaging helps ensure that residents
see and remember the content, building familiarity and keeping topics and
services top of mind. Social media enables the City to connect directly with
residents, enhance customer service, and provides a simple, cost-effective
platform for sharing messages.
• Over the past 11 years, we’ve collaborated with various departments within the
City of Bozeman to deliver both static and animated social media posts covering
topics like schedules, construction updates and detours, ballot initiatives, and
more.
TASK 3: PRINT MEDIA
Consultant will provide services to design and implement print media campaign related
to the Organics Program.
• For over 11 years, The Nest has partnered with local print media to place ads for
the City of Bozeman and other clients. Publications include the Bozeman
Chronicle, Livingston Enterprise, Outside Bozeman, Bozeman Magazine,
Montana Parent, MSU Exponent, among others. We collaborate closely with
these outlets to ensure color and print quality, competitive pricing, and added-
value exposure.
• The Nest will continue to work with local media outlets and explore new
opportunities as they emerge, selecting those that align best with target
demographics.
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TASK 4: DIRECT MAIL
Consultant will provide services to design and implement direct mail campaign related
to the Organics Program.
• The Nest has collaborated with local, regional, and national print vendors to
create cost-effective, targeted direct mail pieces and other collateral for the City
of Bozeman and various clients. Successful direct mail campaigns require careful
adherence to USPS guidelines on mail piece size, mailability, postage costs, and
coordination of timing. This includes considering factors like elections, political
mailings, holidays, and other events to prevent overwhelming recipients and
ensure the mail is noticed and utilized.
• This year The Nest has designed and managed the printing and mailing of
several direct mail campaigns, including the Solid Waste Organics survey, Snow
Angels program, Winter Snow Removal information, and more.
TASK 5: DIGITAL CHANNELS
Consultant will provide services to design and implement digital media campaign related
to the Organics Program.
• Digital advertising is a flexible tool for promoting products, services, and
messages, reaching audiences on search engines, websites, and social media.
Unlike print, TV, or radio, digital ads can be precisely targeted to ideal consumers
and updated or adjusted based on performance, audience needs, trends, or
message urgency. For the City of Bozeman, we generally target all residents
within city limits but have also tailored ads to specific neighborhoods,
homeowners, businesses, and more.
• The Nest has collaborated with local media partners and specialists to develop
targeted digital campaigns for a variety of needs, from reminding residents to
move cars for snowplows and promoting bear awareness in waste management,
to highlighting irrigation restrictions, drought stages, and even advertising beer
on tap for Julius Lehrkind Brewing and educating residents on the Three Forks,
MT SID, among others.
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c) A narrative describing the Consultant’s proposed approach to developing the
services requested in the scope. The narrative must provide sufficient detail as to
how the Consultant will develop the plan. Include the necessary tasks to
complete this effort together with a schedule for how the plan will be developed
and implemented. The Division intends to launch the Organics Program in Spring
of 2025 with education and outreach to launch in January of 2025.
The Nest Collective has already begun the process of working through preliminary
information and outreach for the Organics Program since it was proposed in 2023.
However, more information and details need to be shared before a final strategic plan
and outreach can be created. Listed below we have outlined our approach, necessary
details and steps, and a proposed schedule.
The approach to developing the services requested in the scope of work:
A well-crafted and adaptable strategic communications plan is essential for effective
outreach. As a government agency funded by taxpayer dollars, we are committed to
maximizing efficiency and demonstrating fiscal responsibility.
The Nest has laid some initial groundwork for this initiative. However, the successful
rollout will depend on careful timing, budget management, and clear metrics for
success. With outreach and education scheduled to begin in January 2025, we must
confirm the service launch date, allocate the $100,000 budget, and establish specific
success metrics, such as the number of sign-ups within a set timeframe. If The Nest is
awarded this contract, these components should be addressed immediately.
The Nest also suggests defining program objectives and success benchmarks for the
first year. These should include goals for user participation, inquiries, and compliance
with collection and recycling guidelines, along with considerations for any necessary
follow-up education.
How we will develop the plan:
The outreach for this service should prioritize proactive education, making residents
aware of the service, what it involves, how to sign up, and the options available. This
can be achieved through multiple channels, including statement stuffers, direct mail,
Bozeman.net email notifications, homepage banners on Bozeman.net, print ads, social
media, digital advertising, and earned media.
To support this, the website should provide comprehensive sign-up information, as well
as guidelines for both new and ongoing users. This content should be reviewed and
updated as the program develops, ensuring resources such as how-to guides remain
relevant over time.
When residents enroll in the service, they should have the choice of receiving an
Organic Waste Recycling Guide, either mailed in hard copy or as an online link. This
guide should thoroughly cover the “what, why, how, and when” of the service and may
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include basic information on garbage and recycling. The distribution of this guide should
be an ongoing effort, provided to each new enrollee.
Outreach efforts should also extend to community engagement, including participation
in Earth Day events in April. Additionally, branding on organics trucks should align with
the existing garbage and recycling fleet. To further promote engagement, tote stickers
and information should be available at recycling points, with specially wrapped totes
used for events to draw attention.
The outreach should be consistent, proactive, and effective, emphasizing a cohesive
Solid Waste (SW) brand across all communications and be considerate of those
requiring alternate language materials and accessibility. This program is an ideal
opportunity to refresh SW brand materials and reinforce a unified message across all
SW services—Garbage, Recycling, and Organics—keeping the brand fresh and
aligned.
Necessary tasks to complete the effort:
If awarded the contract, The Nest will work closely with the SW team to establish key
rollout dates, set success benchmarks, and define outreach demographics for both
existing Solid Waste customers and non-customers. Following this, The Nest will
develop, present, and execute a comprehensive outreach plan with all required
materials.
Finalized materials will be delivered to media, print, and other vendors to ensure timely
distribution, and website updates and social media posts will be coordinated with
Bozeman’s IT, Communications, and Solid Waste teams.
To assess the impact of outreach and education efforts, The Nest will collect data and
feedback from media vendors and monitor website and social media engagement
through IT. Adjustments will be made as needed before and during the initial rollout.
Proposed schedule for plan development and implementation.
• Week of Dec 2: Meet with City of Bozeman Solid Waste and Communications
teams.
• Week of Dec 16: Present final outreach plan and initial creative.
• Dec 23 - Jan 3: Incorporate feedback and finalize time-sensitive items like tote
labels.
• Jan 6 - 31: Finalize all materials and prepare for vendors.
• Jan 13: Submit statement stuffer and/or direct mail to vendor.
• Week of Jan 27: Statement stuffer and/or direct mail sent to utility customers;
website and signup system go live.
• Week of Feb 3: Launch print, digital, and social campaigns; send trucks and
totes for wrapping; send Guide to Organics Recycling to print. Media outreach
continues through June as sign-ups increase.
• Week of Feb 24: Mail Guide to Organics Recycling to new sign-ups weekly;
consider adding a tote hanger with QR code for online access.
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• Week of Mar 31: Begin Organics Program pick-up.
• April 19 or 26: Attend Clean Up Day events with trucks, educational materials,
and sign-up options.
• Starting in May: Collect data on clicks, CTR, and impressions; adjust creative
and media buys as needed.
• July: Decide if the organics pick up service continues through winter or requires
seasonal adjustments and update outreach accordingly.
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d) A description of how you use market research to inform your communications
strategy, including how you track campaign performance and make adjustments
as needed. Provide an example of market data or information you would provide a
client before the campaign runs, and an example of what metrics you would
provide after to show how each campaign fared.
As active community members, we engage daily with key audiences, keeping us
attuned to local trends and conversations. We pick up insights from grocery store chats,
catch the latest from our teenagers, mingle with MSU students at games, and connect
with residents at nonprofit events. We also value ongoing feedback about the City’s
communications efforts—particularly for outreach created by The Nest Collective—and
welcome updates on calls or responses to various City initiatives.
While we’re deeply familiar with local demographics, we back up our insights with data
and stay informed on new trends. We consult with local and regional media experts to
learn about effective channels and continually review results from past campaigns for
the City and other clients. While we don’t conduct formal surveys, we gladly review
engagement data collected by the City of Bozeman, and we’re always happy to share
the rationale behind our campaign strategies.
After a campaign starts, and throughout its run, we analyze metrics such as click-
through rates on paid digital ads, website performance, and social media engagement.
For print materials, we track distribution numbers, and for traditional radio and TV, we
rely on data from media outlets. Beyond these metrics, we measure success by real
community impact—like the number of households adopting recycling and other Solid
Waste services, adherence to irrigation regulations and drought declarations,
engagement with the Snow Angels program, or increased requests for bulky item
pickups. These tangible results are our core performance indicators, and we’re
constantly refining our approach to boost effectiveness.
Our strategy is always audience-specific, choosing the best channels for each
demographic. This could mean traditional print for older audiences, digital and social
media for younger, online-focused groups, or even unexpected media placements, like
City vehicle wraps, to reach people in fresh ways. For campaigns targeting MSU
students, we consult with MSU staff and students to understand the best channels,
whether that’s social media, campus communications, or creative options like bathroom
stall ads in popular college hangout spots.
While not all channels yield direct interaction data, we gather performance metrics by
tracking calls to the City, service requests, and digital engagement metrics like
impressions, and CTR, ensuring every campaign delivers meaningful results for
Bozeman.
An example of metrics available after a social or digital campaign could look like this,
which is from the City of Bozeman summer 2024 Water Conservation sprinkler
assessment campaign. We created a targeted digital display campaign to reach
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residents within Bozeman city limits, June through September. This was just one part of
an overall irrigation and water conservation campaign that included on air radio
mentions (added value), social media, print advertising, and radio.
Targeted Display –
• Total impressions – 690.37K
• Clicks - 578
• CTR – 0.08%
In analyzing the numbers, we review monthly performance for each creative element in
the campaign to identify areas for improvement or potential shifts in strategy. Our
month-to-month evaluation did not indicate a need to adjust the creative or tactics for
this year.
For Water Conservation, a key strategy includes preparing for a potential drought
declaration. Maintaining an active digital presence allows us to quickly switch out
creative content in the event of a drought, enabling the City to communicate
immediately. This tactic proved effective in 2022 when a drought was declared.
Looking ahead, in collaboration with the Water Conservation team, we recommend a
new focus for the summer digital campaign. Since sprinkler assessments are fully
scheduled through 2025, promoting this service in 2025 is unnecessary. Instead, we’ll
consider messaging around drought conditions, irrigation schedule compliance, and
other relevant themes, ensuring the message and channels are well-targeted to the
intended audience.
We are happy to provide metrics as needed and work closely with the City of Bozeman
to ensure reporting is fulfilling all your needs for reporting to the City Commission and
taxpayers.
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e) A portfolio of creative materials including print, radio, web, and video media.
On the following pages is a condensed portfolio of our work including print, radio,
website, video media, social, digital, and more. Additional samples of our work can be
found on our website at www.thenestbzn.com and our radio, video, and animated digital
work can be found on our YouTube channel @thenestcollective-bozeman9965.
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Print Samples
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Radio Samples
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Website Samples
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Video Media Samples
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Social and Digital Media Samples
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Signage, Collateral, and Other Samples
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f) The hourly billing rates of individuals providing professional services.
Estimated costs for media buys and printing costs shall be provided as well.
The Nest Collective applies a consistent hourly rate of $100, irrespective of the nature
of the task, the specific service rendered, or the personnel engaged in the project or
assignment. When Nest team members join a project or assignment, they are allocated
a budget to manage, and the client will receive invoices for the hours worked without
any additional markup. Any external expenses, such as those related to media and
printing, are subject to a standard 15% markup, unless alternative arrangements have
been agreed upon or the client opts to cover these costs directly.
The expenses associated with media and printing are contingent upon various factors,
including the specific objectives, final scope, and window of campaign outreach.
Included here is an overview of a proposed outreach plan for the Solid Waste Organics
Program assuming outreach and education begins January 1 and services begin March
31.
MEDIA COSTS
PRINT MEDIA
• Bozeman Chronicle - $12,129.83 total
o Seven weekday insertions and four weekend insertions January
through March
o 30 col inch, full color ad
o Target Audience: Well-educated, higher income
homeowners/residents. Print and digital editions. Focused on older
demographics of the community.
• Bozeman Magazine - $882.38/month - $2,647.13 total
o One insertion monthly January, February, March
o ½ page, full color ad
o Target Audience: City of Bozeman homeowners/residents and
renters. 85% of readers are ages 35-65+ with 64% as homeowners.
DIGITAL MEDIA - $2,353/month - $11,765 total
• Programmatic display, run of network, retargeted banner ads
• Target Audience: City of Bozeman homeowners/residents and renters,
recycling advocates, environmental activists.
• 363,636 impressions/month
• Recommend running January through May and update outreach based on
signups, conformance to guidelines (re-education needs).
PAID SOCIAL MEDIA - $2,353/month - $7,059 total
• Facebook and Instagram
• Target Audience: City of Bozeman homeowners/residents and renters,
recycling advocates, environmental activists.
• 200,000 impressions/month
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• Recommend a paid push to sign up for services January through March.
Utilize City of Bozeman direct channels from April forward.
PAID MULTIMESSAGING SOCIAL MEDIA - $2,353/month - $7,059 total
• Snapchat
• Target Audience: Age 18+ Residents (MSU)
• 166,667 impressions/month
• Recommend a paid push on this platform to raise awareness with this
younger demographic, specifically MSU students January through March.
Look at restarting the campaign Fall of 2025 when MSU is back in
session.
PRINTING COSTS
STATEMENT STUFFER - $3,502
• Insertion end of January utility statements
DIRECT MAIL - $8,735
• 6” x 9”
• Mailed to existing utility customers and is recommended over the above
statement stuffer.
• To mail to all residents of Bozeman, cost would be $25K +
GUIDE TO ORGANICS RECYCLING - $2,935
• 8-page, 8.5” x 5.5”, full-color brochure
• Qty: 11,610 (based on existing utility customers)
• Addressing and postage are not included in this pricing
OTHER
• Truck Wrapping - $2,180
• Event and city office tote wrapping – Estimated quantity 30 - $3,270 total
• As with other Solid Waste efforts, we anticipate the need for schedule and
information stickers to affix to the residential totes, kitchen collection pails,
and possibly tote hangers for compliance reminders. We would estimate
costs once we understand the number of anticipated users.
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g) Identify each principal of the firm and other key personnel who will be
professionally associated with the Organics Program with this contract. Describe
their respective areas of expertise and contract role. Include personalized
resumes that identify the qualifications, training, and experience of each key
personnel.
Kendra Callantine
Principal, Account and Project Manager/Media Strategist
The Nest Collective, LLC, Bozeman, Montana
Professional Summary
Multi-talented marketing professional with over 30 years of experience in
negotiating strategic media buys, managing complex projects, crafting
comprehensive marketing plans, and keeping a vigilant eye on quality assurance
and team performance.
Relevant Skills
• Implementing and managing advertising across varied multiple traditional,
social media, and digital and up and coming platforms
• Negotiating best rates and contracts for optimum client savings on media
buys and outside services such as printing and manufacturing while
maintaining positive vendor relations
• Collaborating with teams to meet and exceed clients’ goals while ensuring
excellence of final outcomes
• Detail-oriented personality ideal for project management, quality assurance,
and brand adherence
• Works within best practices for ADA compliance for all materials
• Implementing and safeguarding brand integrity across platforms
Relevant Experience
July 2014–Current
Principal, Account and Project Manager/Media Strategist
The Nest Collective, LLC, Bozeman, Montana
Coordinates and manages projects and budgets, subcontractors, client,
media, and vendor relations, and provides quality control for all work through
The Nest Collective. Collaborates alongside The Nest partners and other
marketing and PR professionals to provide a variety of strategic plans,
marketing, media, and public relations campaigns for:
• City of Bozeman
• METI
• Four Corners Foundation
• Crosscut
• Headwaters Economics
• Madison Valley Bank
• Julius Lehrkind Brewing
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February 2013–Current
Principal, Account and Project Manager/Media Strategist
Kendra Callantine & Company, Bozeman, Montana
Collaborates alongside other local independent marketing and PR
professionals to create a variety of strategic plans, individual marketing,
media, and public relations campaigns for local and regional clients with an
emphasis on public services and greater good. Notable clients over the past
four years include:
• City of Bozeman
• Chalet Market
• West Paw
• Western Home Journal
February 2002–January 2013
Account Executive, VP of Print Management and Vendor Relations
Mercury Advertising (MercuryCSC), Bozeman, Montana
Helped agency clients actualize their marketing goals while directing a team
of creatives towards those goals. Maintained impeccable adherence to
process and protocols to ensure smooth delivery. Specialized in creating
strategic media plans, developing, and maintaining relationships with print
vendors, and negotiating large-scale print buys for clients like:
• Montana Office of Tourism
• Big Sky Chamber of Commerce
• Bozeman Convention and Visitors Bureau
• Big Sky Resort
• Redington Fly Rods
• First Interstate Bank
• Murdochs (formerly Big R)
• Mackenzie River Pizza
• Southeast Montana Tourism
Awards and Affiliations
• Winner of several regional and national gold and silver ADDY awards for
creative excellence
• Gallatin Watershed Council – Former Board Member
• Leadership Montana – Flagship Class of 2025
Education
• Colorado Institute of Art, Denver, Colorado Associate Degree
Advertising Design
• International Association for Public Participation (ia2p)
Planning for Effective Public Participation
Techniques for Effective Public Participation
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Robyn Egloff
Principal, Creative Director
The Nest Collective, LLC, Bozeman, Montana
Professional Summary
Highly experienced creative director specializing in creating large-scale
communication strategies, maintaining consistent branding across platforms, and
translating clients’ messages into effective, easy-to-understand brand
campaigns. Long tradition of working with government, conservation, and public
services entities.
Relevant Skills
• Creating cohesive branding that maintains a strong, compelling look and feel
across all media
• Broad experience working with all media types: print, radio, video/TV, web,
signage, vehicle wrap, displays, booths, collateral
• Works within best practices for ADA compliance for all materials
• Longstanding relationships with printers and complete understanding of
printer protocol
• Practical work ethic maximizes impact while minimizing budgets
• Variety of design styles, but prioritizes consumer understanding over trendy
styles
• Ability to solve complex design challenges, finding optimal solutions for clients
• Proven ability to meet deadlines and foresee challenges for seamless project
orchestration
Relevant Experience
July 2014–Current
Principal, Creative Director
The Nest Collective, LLC, Bozeman, Montana
Creates and oversees all creative work through The Nest Collective.
Translates messaging into compelling calls to action through a variety of
media and campaigns for:
• City of Bozeman
• METI
• Four Corners Foundation
• Crosscut Mountain Sports Center
• Headwaters Economics
• Madison Valley Bank
2008–Current
Principal, Creative Director
Robyn Egloff Design, Inc., Bozeman, Montana
Translates even the most complex of messages into compelling calls to
action, relying on simple infographics, inviting print media, large-scale cross-
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platform campaigns, and attractive brand collateral, focusing on the unique
challenges of public services and conservation non-profits such as:
• City of Bozeman
• Headwaters Economics
• Outlaw Partners
• EcoAdapt
• Wildlife Conservation Society
• University of Montana - Institute for Tourism & Recreation Research
1999–2007:
Graphic Designer, Art Director
Mercury Advertising (MercuryCSC), Bozeman, Montana
Crafted high-level, high-profile campaign materials such as annual reports,
brochures, print ads, billboards and more for clients with a focus on public
good and community pride, such as:
• Montana Office of Tourism
• Bozeman Public Library Foundation
• Big Brothers Big Sisters
• Big Sky Chamber of Commerce
• Bozeman Chamber of Commerce
• Gold West Country
Awards
• Winner of several regional and national gold and silver ADDY awards for
creative excellence
Education
• Bachelor of Fine Arts, Graphic Design, Montana State University, 1999
• Bronze Pencil Winner (presented to highest achieving students in each
artistic medium)
Rebecca Edwards
Principal, Communications Strategist
The Nest Collective, LLC, Bozeman, Montana
Professional Summary
Diversely experienced communications strategist, issue advocate, and political
consultant for clients in the public, conservation, and political sectors. Well-
versed in crafting, overseeing, and executing strategic, high level communication
plans with sensitivity to both end clients and their key partnerships.
Relevant Skills
• Developing communication strategies regarding potential legislation,
rulemaking and organizations including City of Bozeman, Blackfoot
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Clearwater Stewardship Act, Hold Our Ground monument campaign, Land &
Water Conservation Fund, Sage Grouse Management Plan, Clean Water Act,
Clean Energy campaign, Western Conservation Foundation, The Wilderness
Society, Gallatin Forest Partnership, Bozeman Municipal Watershed,
Wyoming Public Lands Initiative, and more
• Creating marketing strategies, materials, branding, and communication plans
for both conservation non-profits and for-profit companies
• Writing, lobbying, communicating, and advocating for policy
• Working closely with local (city commissioners, county commissioners), state
(governors, state senators and state house representatives), and federal
elected officials (senators and house representatives) and their staffs
• Healthy relationships with all current Montana politicians and many national
politicians and their staff
• Ongoing relationships with national conservation and advocacy groups such
as: The Wilderness Society, Gallatin Valley Land Trust, The Nature
Conservancy, Western Conservation Foundation, Resource Media, Montana
Wildlife Federation, Trout Unlimited, American Rivers, Wyoming Outdoor
Council, Theodore Roosevelt Conservation Partnership, Pew Charitable
Trust, Backcountry Hunters and Anglers, Wild Montana, Mountain Mamas,
and many more
• Crafting earned media pitches to local, state-wide, and national media outlets
• Writing national and state-wide editorial pieces and opinion columns
• Training advocacy groups regarding media outreach, communication plan
development, and relationship building
• Technical knowledge of water issues such as: Integrated Water Resources
Plan, stormwater MS4 permitting, non-point-source contaminates, state water
plan components, water compacts, water mitigation banks, and more
• Vast knowledge of government systems and process at city, state, and federal
levels
• Delivering articulate, on-message interviews as an effective spokesperson
with regional and national media
Relevant Experience
July 2014–Current
Principal, Communications Strategist
The Nest Collective, LLC, Bozeman, Montana
Specializes in providing media relations, communications, consulting,
copywriting, social media strategy, marketing campaigns, and strategy to the
City of Bozeman Transportation, Engineering, and Utilities (through our
existing contract) and other City entities such as:
• City of Bozeman, Parks, and Recreation Department
• City of Bozeman, Forestry
• City of Bozeman, Neighborhoods
• City of Bozeman Manager
• City of Bozeman, Planning Department
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• City of Bozeman, Sustainability
• City of Bozeman, Bozeman Municipal Watershed Project
• City of Bozeman, Bozeman Public Safety Center Bond Education
• City of Bozeman Facilities Bond and Affordable Housing Mill Levy
Education
Other current organizations and business entities include:
• METI/U.S. Forest Service
• Four Corners Foundation
• Crosscut Mountain Sports Center
April 2010–Current
Principal, Communications Strategist
Sun Snow Creative, LLC, Bozeman, Montana
Specializes in media relations, conservation communications, political
consulting, copywriting, social media strategy, marketing campaigns, and
non-profit strategy for clients in the public eye, including:
• City of Bozeman
• The Wilderness Society*
• Resource Media*
• Western Conservation Foundation*
• Mountain Mamas*
*Project specifics can be described privately, however, due to contract
confidentiality agreements cannot be written into a public document.
March 2006–March 2010
Public Relations Executive
Mercury Advertising (MercuryCSC), Bozeman, Montana
Spearheaded media relations strategies and cultivated relationships with key
national and in-state media, resulting in extremely positive editorial exposure
(print, broadcast, web, and social media) for the state of Montana as well as
agency of record, MercuryCSC.
Awards and Affiliations
• Winner of several regional and national gold and silver ADDY awards
• Executive Director and founder of national non-profit Mountain Mamas
• Former board member and current supporter of Montana Land Reliance
Legacy Committee, Bozeman Ice Festival, Montana Wilderness School,
Montana Conservation Voters, Southwest Montana Climber’s Coalition and
Friends of Hyalite
• Leadership Montana - Flagship Class of 2021
Education
• Montana State University, Bozeman, Montana
B.S. English Literature & Political Science
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h) A description of the firm’s current work activities and how these would be
coordinated with the project, as well as specific current workloads of the project
team members.
As of the submission of this proposal, The Nest Collective and subcontractors
mentioned in this Request for Proposal (RFP) are eagerly available to tackle this scope
and have worked closely with the Solid Waste team for the past 11 years, always ready
and willing to take on any challenge presented. The Nest remains committed to
maintaining our meticulous approach to timelines and deliverables to ensure that our
work aligns with the City of Bozeman's and the City of Bozeman Solid Waste Division’s
commendable and consistent efforts. Each member of The Nest Collective team
comprehends the scope of work entailed by this contract and is prepared for all
associated upcoming campaigns and projects.
While we anticipate zero conflict in availability, we’re proud of the work we do for our
other clients and commitments. Kendra Callantine is the Nest’s “glue”, managing all our
client projects and volunteering with a variety of local organizations such as HRDC.
Robyn Egloff offers art direction and consultation for conservation nonprofits and
volunteers for the Bozeman Ski Foundation. Becky Edwards serves as the Executive
Director for Mountain Mamas and sits on the America The Beautiful for All Coalition
Committee.
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i) A list of any subconsultants including information required in parts E and F
above.
The Nest Collective’s business model is based on having a strong base of professionals
to steer the business and provide consistency and overall project and budget
management of our clients. Instead of having staff on hand or a strict list of
subconsultants, we bring in the best qualified individual(s) on a project-by-project basis.
This formula allows us to provide exactly what is needed for your project.
Subconsultants are hired on a per project/campaign basis and are provided a budget by
The Nest to adhere to and work with. Costs charged by the subconsultants are passed
on to our client without markup. Hourly rates are not provided as they invoice on an
overall project cost as determined by The Nest and the clients budget vs. by the hour.
Listed below is a copy writing subconsultant that we would work with for the City of
Bozeman, Solid Waste Division Organics Program scope of work. This subconsultant
has worked on City of Bozeman Water Conservation projects via The Nest and is
familiar with the intricacies of local government language. We would continue to call on
her should we be awarded this contract.
Other subconsultants may be brought on for individual projects based on the project
needs, skill sets desired, and overall budget. Subconsultants can include illustrators,
designers, photographers, videographers, digital editors, website programmers, etc.
Lauren Burgess
Copywriter and Creative Consultant
First Light Writing
Portfolio of work: www.firstlightwriting.com
Professional Summary
Lauren writes to inspire genuine audience connection. She draws from years of
experience supporting entrepreneurs, businesses, and causes through lyrical,
purposeful, and effective marketing copy – since 2016, her work has earned the
trust of over 200 brands and counting. Whether she’s applying her talents to
$20M+ fundraising campaigns or launching a website for a new local restaurant,
she intuitively and strategically translates business goals into copywriting that
helps clients and communities gain clarity and feel empowered. Lauren is a
sincere listener, creative optimist, and a plucky adventurer.
Relevant Experience
2016–Current
Copywriter and Creative Consultant
First Light Writing
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Creates meaningful marketing, helping good people and forward-thinking
businesses expand their influence through brand messaging, copywriting, and
storytelling. Experience includes work with:
• City of Bozeman Water Conservation (through The Nest Collective,
LLC)
• Crosscut Mountain Sports Center
• Wickens Ranch
• Beartooth Group
• Digital Box Designs
• Bozeman Brewing Company
• Dare To Detour
• The Armory Music Hall
• Live From The Divide
• Field Studio Landscape Architects
• Hooked Sushi
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j) Project management and organizational chart of key personnel assigned to the
project including any sub-consultants that may be used. Indicate how the
Division will interact with the key personnel on the project.
Kendra Callantine serves as the primary point of contact for our client and in her role as
Project Manager will oversee all interactions with the City of Bozeman Communications
and Engagement Manager, as well as Kevin Handelin and other Solid Waste contacts
as necessary. She will be responsible for overseeing project timelines, managing the
budget, collaborating with external vendors, and executing media purchases.
This structure may vary depending on the City of Bozeman, Solid Waste Division’s
needs, and how closely these roles need to interact with each other. Subcontractors
and outside services contacts will be managed by our team and will require little to no
contact with our clients.
We are a small collective that meets weekly on all projects, and will continue to do so, to
ensure top-notch internal communication and to connect regarding timelines and
projects within this and other City of Bozeman contracts.
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k) A description of no more than three similar projects completed for a local
government entity including whether the projects were completed on time and
within budget. Include primary client contact information for each in order to
facilitate reference checks.
Case Study #1 - Outdoor Water Use Campaign
Client: City of Bozeman, Water Conservation Division
Contact: Jessica Ahlstrom, Water Conservation Program Manager,
jahlstrom@bozeman.net
Campaign Objective:
Educate City of Bozeman residents and raise awareness about our water resources,
our susceptibility to drought, and ways to save water during the summer months and
beyond. Also, to have media placement at the ready should a drought emergency
occur, we could easily change messaging in existing media buys to reflect the current
drought status and actions required of the community.
Action:
The Nest has worked closely with the Water Conservation staff over the past several
years to build a strong outreach plan that addresses the many messages that are
needed to educate our residents. The messages include:
• We are drought prone – what does this mean?
• Where does our water come from?
• How much water is used for our summertime outdoor spaces?
• Rebates are offered by the City of Bozeman.
• The City of Bozeman offers free water system assessments.
• Ways to save water via your outdoor water systems.
• Permanent watering restriction guidelines.
• Water rates.
Along with multiple messages, we have a variety of demographics to work with to
ensure the word is spread. Senior residents who may or may not be on social media or
digital devices, newcomers to the community, residents who are purchasing their first
home, college students, and long-term residents who are unaware of the water
challenges our community is facing or haven’t thought much about how they can make
a difference.
With a limited budget, the tactic has been to diversify the outreach in a way that meets
the objectives but communicates in the place’s residents, and sometimes visitors, are
taking in information. For this current outreach effort, we chose to reuse creative from
the previous year, with some appropriate updates. We looked at each outreach element
and assigned an appropriate budget, while considering the other elements already
placed. Not only did this save money for taxpayers, but it helped to build familiarity with
the Water Conservation message and brand.
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Each year we have worked closely with Jessica and her team to create a plan that will
reach the many segments of our community while not using her entire budget. All
outreach leads back to bozemanwater.com or specific pages within the website.
Print
• Print banner ads placed on the weather page in the Friday edition of the
Bozeman Chronicle every Friday May 5 through September 29.
• The ad message includes the drought meter showing current drought
status, along with an irrigation tip or mention of outdoor rebates. The
messages rotate throughout the ad buy.
• If drought conditions change, the drought meter portion can be updated to
reflect the status.
• The print space is available to be used in the event of a drought and we
can change out the entire ad message to reflect drought stages and
impact to our community.
Direct Mail
• Early in the season a direct mail piece was sent to City of Bozeman
residents with a reminder about the permanent watering restrictions. The
message also included information about the tiered rate billing structure.
Statement Stuffer
• At the end of May, City of Bozeman utility statements included a Quick
Guide to Water Conservation for your Lawn and Landscape.
• The stuffer communicated information about landscape and irrigation
rebates, sprinkler system assessments, permanent watering restrictions,
water smart tips for your lawn and landscape, along with information about
additional available resources.
• This stuffer is delivered to each resident that receives a paper/mailed
utility statement. Unfortunately, there is not a current system within the
City of Bozeman to include statement stuffers in electronic utility
statements, which we would highly encourage.
Water Smart Planting Guide
• For the past several years we have created a Water Smart Planting Guide
for the Bozeman Area. The guide provides information about where our
water comes from, tips and ideas for making water smart changes in your
lawn and landscape, information about outdoor rebates, and a message
about the Dropcountr app, plus much more.
• The guide is distributed in the Bozeman Chronicle, with a sticky note on
the front to let readers know to watch for the guide in the paper.
• An overrun of the guide is also printed for the Water Conservation team to
distribute in racks, events, garden stores, and more.
• The quantity of printed guides is based on circulation within Bozeman City
Limits plus an overrun determined by previous years Water Conservation
team distribution.
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Digital
• A Run of Network buy was placed to engage City of Bozeman residents
on their desktop, tablet, and phone. The buy has been running from May 1
of this year and will conclude on September 30th.
• Ads communicated irrigation tips along with rebate information. The
creative was rotated to avoid message burnout.
• The digital ad buy also guaranteed space for the City of Bozeman should
a drought message need to be sent out to the public. Creative could be
swapped quickly to ensure the message was up to date.
• The campaign was set for a combined ad placement of over 90,000 digital
ads.
Social Media
• Messages for Facebook and Instagram were created to complement the
digital, print, and other outreach. Ads were placed by the Water
Conservation team as needed.
Radio
• Two :30 spots, Nosey Neighbors #1, and Nosey Neighbors #2, were
placed on three local radio stations which perform well in the Bozeman
community, hits a broad demographic, and reaches over 54,709 weekly
listeners. The spots were scheduled to run more than 288 times, in
primetime placement, over the three stations between May 1 and
September 30.
• City of Bozeman Water Conservation paid for half of the spots as the other
half were negotiated as non-profit commercials.
• Additionally, the spots ran during the streaming broadcasts.
• As an additional added value, information about water, water
conservation, and irrigation tips were shared by the morning DJ during the
live broadcast.
Content Sponsorship
• Along with the above added value with the radio spots, content
sponsorship was secured. The content highlighted information on water
conservation, irrigation, and more.
• The content could be viewed on desktop, tablet, and phones with most
visitors viewing via their mobile device.
• Unique visitors to the above devices in a one-month period averaged
583,235, with total page views on all devices and via website and apps
averaging more than 4 million.
Results:
Print and collateral can only be measured, through this campaign, by pieces
printed and distribution. Social media activity is managed by the City of Bozeman
IT department and reported directly to the Water Conservation team.
Digital efforts performed as follows (through September 19, 2023):
• Targeted display KPIs – 436.02K, 886 clicks, .20% CTR
• Impressions by day – 5k-6k average
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• Clicks by day – 5-20
The next step is to review all results and meet with the Water Conservation team
to get their impression of awareness efforts, changes in public behavior, numbers
of assessments and inquiries and other data to formulate a strategy for the next
round of outreach.
Timeline and Budget:
Timeline:
• Mid-April through September 30, 2023
Budget, estimated per effort. Below are the actual costs to date.
• Print, 22 total insertions - $11,288.52
• Direct Mail, printing, mailing list, postage, mailing - $13,166.66
• Statement Stuffer, printing, and shipping to DataProse for insertion -
$2,977.34
• Water Smart Planting Guide, illustrations, and printing - $5,892.63
• Radio and content sponsorship, five-month campaign - $3,388/month -
$16,940
• Digital advertising, five-month campaign - $588/month - $2,940
• Social media – No outside costs
• The Nest Collective time - $9,000
Samples on the following page:
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Case Study #2 - City of Bozeman Facilities Bond and Affordable Housing Mill
Levy Education Effort
Client: City of Bozeman
Contacts: Josh Waldo 406.582.2351, Mitch Overton 406.582.3222, Jon Henderson
406.582.2250
Campaign Objective:
Educate Bozeman residents about the General Fund Facility Bond and the Community
Housing Mill Levy that would be on the upcoming ballot. Both issues were comprised of
relocation and construction of a new southside fire station to better serve the growing
community and retain low response times, needed updates to the Swim Center, Bogert
Pool, and the Lindley Center, and funding for continuing attainable housing efforts. Both
issues came on the heels of voters approving and funding the Bozeman Public Safety
Center, however, were important for the maintenance of facilities, safety of community
members and visitors, and quality of life that residents expect.
Action:
The Nest worked with various City employees from Fire, Parks and Recreation, and City
Hall to formulate a thoughtful strategy and clear messaging that would help educate
voters that it was important to invest in emergency services, updating of popular
recreational facilities, and support community housing opportunities.
Each issue was unique and required individual messaging. Videos/television spots,
social posts, talking points, elevator speeches, and frequently asked questions, along
with additional materials, were created to highlight each of the unique asks – a bond to
repair Bogert Pool, the Lindley Center, and the Swim Center; a bond to relocate Fire
Station #2 to MSU campus; and a mill levy to help fund the city’s affordable housing
efforts.
Results:
The two bond facility issues passed with wide margins; the affordable housing lost by a
slim margin.
Timeline and Budget:
Timeline – July 2021 to November 2021
Budget $34,000 ($17,000 for outside costs, $17,000 for The Nest Collective)
Outside Costs (actual)
• Printing (collateral and signage) - $995
• Illustration/Photography - $52
• Video, editing, production - $4,950
• Media (tv, digital, YouTube) - $5,953.09
The Nest Collective time – $10,476.25
Samples on the following page:
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l) Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
314
First Amendment to Professional Services Agreement for Sustainable Organics Management Program Education
and Outreach
FY 2025 – FY 2026
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Sustainable Organics Management Program Education and Outreach dated December 17, 2024
(the “Agreement”) is made and entered into this _____ day of ____________, 2025, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and the Nest Collective LLC, hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on December 31, 2026.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
315
First Amendment to Professional Services Agreement for Sustainable Organics Management Program Education
and Outreach
FY 2025 – FY 2026
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA THE NEST COLLECTIVE, LLC
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
316
Memorandum
REPORT TO:City Commission
FROM:Takami Clark, Communications & Engagement Manager
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to the PSA with The
Nest Collective, LLC for Public Relations Services
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign an Amendment 1 to the PSA with The
Nest Collective, LLC for Public Relations Services
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Transportation & Engineering and Utilities Departments aim to provide
public communications that inform the community of our efforts in a
consistent, proactive, and effective fashion. Outreach and education
materials/campaigns have taken various forms and span a full range of
media services. Examples of topics we've covered under this contract
include, and are not limited to: street construction, garbage and recycling
services, water conservation efforts, snow plowing, and drinking water
quality. Effective public communication has helped to increase citizen
awareness of projects and initiatives and provides citizens with the
information they need to avoid construction conflicts and road closures.
These departments have been working with The Nest Collective since 2013.
In November 2023, the City entered into a 1-year agreement with this firm
for public relations services. The agreement allows for up to four 1-year
extensions of the contract, and because of the history The Nest Collective
has with staff, we are recommending to extend the contract one year as
allowed in the original contract. This will be the first extension of this
contract. The terms of the contract will remain the same.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:The budget is estimated to be $160,000 and will be paid by Transportation &
Engineering and Utilities.
Attachments:
317
Signed PSA with Nest
PSA Amendment PW PR Nest.docx
Report compiled on: December 8, 2025
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Professional Services Agreement for Public Relations Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 9th day of December 2024, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
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b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
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d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Takami Clark, Communications & Engagement Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
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to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against
people with disabilities in all services, programs, and activities offered or made available by the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications for the City, Contractor must use both the City style guide when creating a design, and,
as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere
to level A and AA Success Criteria and Conformance Requirements as defined by the current Web
Content Accessibility Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the City refuses digital content because it is non-compliant with the City style guide, Section 508 of
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the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content
compliant and redelivered at no additional cost to the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
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17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
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competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Principal
The Nest Collective, LLC
Kendra Callantine
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First Amendment to Professional Services Agreement for Public Relations
FY 2025 – FY 2026
Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
The Nest Collective, LLC dated November 14, 2023 (the “Agreement”) is made and entered into
this _____ day of ____________, 2025, by and between the CITY OF BOZEMAN, MONTANA,
a self governing municipal corporation organized and existing under its Charter and the laws of
the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO
Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and The Nest Collective, LLC,
hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 32 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on December 31, 2026, unless earlier terminated in
accordance with the Agreement.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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FY 2025 – FY 2026
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA THE NEST COLLECTIVE, LLC
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
331
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign Amendment 10 to the Professional
Services Agreement for the Field Survey Term Contract with Sanbell, to
Facilitate design of a Food Truck and RV Dump Site at the Gallatin County
Fairgrounds
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and authorize the City Manager to Sign Amendment 10 to the
Professional Services Agreement for the Field Survey Term Contract with
Sanbell to Facilitate design of a Food Truck and RV Dump Site at the Gallatin
County Fairgrounds
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:Attached is a copy of the contract amendment with Sanbell. This
amendment will add survey at the Gallatin County Fairgrounds, adjacent to
Tamarack Street, as described in the attached scope of work. This survey
will be used to design a Food Truck and RV Dump Site at the County
Fairgrounds. Staff has reviewed the amendment and found it to be
commensurate with the work involved.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:If approved, this amendment will increase the contract fee on a fixed fee
basis with a cost of $4,000 bringing the total contract amount from $275,906
to $279,906. Funding has been appropriated in the FY26 Budget as project
WW148 and paid for from the City’s Wastewater Fund
Attachments:
Field Survey PSA Amendment No 10.docx
Amendment 10-120225.pdf
Professional Services Agreement - Sanderson Stewart -
Capital Improvements Project Field Study.pdf
332
Report compiled on: December 2, 2025
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10th Amendment to Professional Services Agreement for Field Survey Term Contract
Page 1 of 2
TENTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS TENTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Field Survey Term Contract dated July 12, 2022 (the “Agreement”) is made and entered
into this _____ day of ____________, 2025, by and between the CITY OF BOZEMAN,
MONTANA, a self-governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Sanbell,
106 E Babcock Street, Suite L1, Bozeman, MT 59718 hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Addition to Scope of Work. Attached Amendment 10
2. Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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10th Amendment to Professional Services Agreement for Field Survey Term Contract
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA SANBELL
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Danielle Scharf
Title: Principal/Region Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
335
336
2,2570.1
Miles
This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or
surveying purposes. Users of this information should review or consult the primary data and information sources to
ascertain the usability of the information. Feet
2630
Legend
131
Location
263
11/21/2025
Created By:
Created For:
Date:
Grease Interceptor Project
Manholes
Abandoned Mains
Force Mains
Gravity Mains
Street Names
City Limits
World Imagery
Low Resolution 15m Imagery
High Resolution 60cm Imagery
High Resolution 30cm Imagery
Citations
60cm Resolution Metadata
337
Version 8 30 21
Professional Services Agreement for [Capital Improvement Projects Field Survey]
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Sanderson Stewart, 106 E Babcock St, Suite L1,
Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the __30_ day of ___June_, 2025, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
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jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
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must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be ___Kellen Gamradt____ or such other individual as City shall designate
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in writing. Whenever approval or authorization from or communication or submission to City
is required by this Agreement, such communication or submission shall be directed to the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s Representative
is not available, Contractor may direct its communication or submission to other designated
City personnel or agents as designated by the City in writing and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be ___Danielle Scharf, PE___ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
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14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
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subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
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competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
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of two years by written agreement of the Parties. In no case, however, may this Agreement run longer
than ____06/30/2027____.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ___Sanderson Stewart__________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___Danielle Scharf, PE_______
Print Title: _Principal/Region Manager___
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A - Scope of Work
The scope of work covered by this agreement is described hereafter:
The project consists of the preparation of a topographic survey of:
1. Bogert Place – E Story Street to S Church Avenue
2. West Story Street – S 8th Avenue to S 4th Avenue
3. South Black Avenue – E Babcock Street to E Story Street
See attached survey area exhibits.
These surveys will be used for the design of future capital improvement projects by the City of
Bozeman. The topographic survey will tie horizontally and vertically all surface improvements within
the right of way (i.e. curb, gutter, sidewalk, driveways, asphalt, trees, fences, signs, aboveground
utilities, and underground utilities marked by Montana One Call, etc.) Additionally, existing sanitary
sewer manholes, storm drain manholes and inlets, and water main valve boxes will be measured
vertically. Generally, the survey limits will be from back of walk to back of walk as noted on the
attached survey area exhibits including approximately 20 feet beyond curb returns on side street
intersections. Sanitary sewer, storm drain, and water alignments and associated measuredowns will
extend beyond the survey limits where needed.
The points will be surveyed using the Bozeman Low Distortion Projection. The Bozeman Low
Distortion Projection is based on a single parallel Lambert Conformal Conic Projection and the
North American Datum of 1983. A minimum of one project benchmark on the City of Bozeman
Datum on each block within the project area (Area) will be established.
Phase 100. Project Management & Coordination
Task 101. Prepare project scope of work and contracts.
Task 102. Project management, and coordination, and send weekly project
updates.
Phase 200. Pre-Survey Preparations & Research
Task 201. Montana One Call utility locates will be requested for public
underground utilities.
Task 202. Review existing City sanitary sewer, storm drain, and water
information utilizing the Bozeman GIS Infrastructure Viewer.
Phase 300. Survey Control
Task 301. Locate existing benchmarks from the Bozeman City Datum and
calibrate the vertical component of the survey to one point for each
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block within the survey areas. Additional control points will be set at
strategic locations as needed.
Phase 400. Topographic Survey
Task 401. Use robotic total station to survey ground points on all three areas.
Existing tree diameters will be estimated and labeled as deciduous or
coniferous but will not be identified by species.
Task 402. Survey field location of existing visible utilities as marked by Montana
One Call.
Task 403. Complete measuredowns on existing sanitary sewer manholes, storm
drain manholes and inlets, and water main valve boxes. Photographs
will be taken of each manhole within the project corridor.
Task 404. The completed topographic survey will undergo a quality process
review to check for consistency and completeness.
Phase 500. Draft Topo & Base Plan
Task 501. The surveyed data will be used to create an individual topographic
surface and 2D linework and labeling will be completed for all three
areas.
Task 502. Internal quality control review of all deliverables.
Task 503. The photographs taken of each manhole will be cataloged and
georeferenced for easy identification and location.
Task 504. Meet with the City to review the 90 percent plans prior to final
submittal.
Task 505. Incorporate the City’s comments into the plans.
Task 506. Coordinate electronic and hardcopy file delivery with the City. The file
delivery will contain a 24”x36” hard copy of the site map, copies of all
field notes and photographs, PDF copies of the site map, and all
AutoCAD project files and points files. There will be individual
AutoCAD and PDF files for each area. The AutoCAD files will be
compatible with AutoCAD Civil3D 2022.
Fixed Costs/Expenses: Survey Equipment at $15.00 /fieldwork hour
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City of Bozeman 2022 CIP Survey
Bogert Place, W Story Street, S Black Avenue
22166
LaborCategory Total PlanHours Total PlanBill Amt
Phase 100: Project Mgmt & Coordination
Principal 18.00 4,230.00
Professional Land Surveyor 18.00 2,250.00
Phase 200: Pre-Survey Prep & Research
Professional Land Surveyor 14.00 1,750.00
Phase 300: Survey Control
Staff Surveyor II 16.00 1,840.00
Phase 400: Topo Survey
Staff Surveyor II 132.00 15,180.00
Phase 500: Draft Topo & Base Plan
Professional Land Surveyor 128.00 16,000.00
Senior Professional Land Surveyor 4.00 700.00
Subtotal 330.00 41,950.00
Expenses 1,500.00
Total for Data Collection, Topo & Site Survey 330.00 43,450.00
Total Acres Total Cost
6.20 43,450.00
43,450.00
Summary of 2022 CIP Survey Services
1 - Bogert Place, W Story Street, S Black Ave
Total Project Cost
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Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Coordinator
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order 12 with Sanbell Rocky
Mountain for Bidding Services, Construction Management, and Inspection of
Four Urban Renewal Lighting Projects
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a task order 12 with Sanbell Rocky
Mountain for bidding services, construction management, and inspection of
four urban renewal lighting projects.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The Midtown Bozeman Action Plan calls for strategic investment in public
infrastructure to further the goals of the District. One of the major goals of
the Midtown District is to improve and encourage multimodal
transportation.
In FY25 & FY26, Sanbell designed a pedestrian crossing at North 7th Avenue
and Aspen Street and pedestrian scale lighting on North 5th Avenue. Sanbell
worked with the Downtown Urban Renewal District and Midtown Urban
Renewal District on lighting packages that connect the two Districts. Task
Order 12 combines four lighting projects (see below) for construction
administration, bidding services, and inspection as outlined in the attached
scope of work.
North 7th Avenue Ped Crossing (Task Order URD #008)
5th Avenue Pedestrian Lighting (Task Order MID 23-001)
Main Street Lighting Package 2 (Task Order URD #003)
Main Street Lighting Package 3 (Task Order URD #003)
Staff believes combining the bidding of all four projects will streamline the
work, reduce overall cost, and encourage more responses to the bid
package.
UNRESOLVED ISSUES:None.
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ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:$60,000, which is available in the Midtown Urban Renewal Budget.
Attachments:
Task Order 012_Construction Administration
Bidding_112625.pdf
Report compiled on: December 4, 2025
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City of Bozeman Urban Renewal District Term Contract
Task Order Number #012
PROJECT: URD Project Bidding, Construction Admin, and Inspection
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanbell – Rocky Mountain (formerly Sanderson Stewart) for
Architectural and Engineering Services.
This Task Order is dated ____________ between the City of Bozeman Economic
Development Department and Sanbell – Rocky Mountain (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Economic Development Department
Contractor: Danielle Scharf, Sanbell
SCOPE OF WORK: The scope for this task order is detailed in the attached proposed
scope of work.
COMPENSATION: Sanbell – Rocky Mountain will bill for its services on a lump sum of
$60,000. Sanbell shall submit invoices to the City of Bozeman for work accomplished
during each calendar month. Monthly invoices shall include, separately listed, any
charges for services for which time charges and/or unit costs shall apply. The provisions
of the Professional Services Agreement shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanbell – Rocky Mountain
Chuck Winn, City Manager Danielle Scharf, Principal
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City of Bozeman Economic Development Department
Scope of Work – Task Order No. 012
URD Project Bidding, Construction Admin, and Inspection
11/26/2025
Sanbell is pleased to provide this scope of work for bidding, construction
administration and inspection services for the following URD projects:
1. North 7th Avenue Ped Crossing (Task Order URD #008)
2. 5th Avenue Pedestrian Lighting (Task Order MID 23-001)
3. Main Street Lighting Package 2 (Task Order URD #003)
4. Main Street Lighting Package 3 (Task Order URD #003)
Professional services include project bidding and recommendation of award,
contract plan and specification interpretation during construction, review of
contractor pay estimates, construction staking, and construction
inspection/observation. All four URD projects will be combined into a single
contractor bid. The project phase and tasks are described in more detail below.
Scope of Work:
Phase 1 – Construction Services and Contract Administration
This phase consists of one (1) round of construction services and administration.
Subtasks under Phase 1 include the following:
• Project management and coordination.
• Assist in preparation of bid advertisement and provide documents to
prospective bidders and suppliers.
• Attend one pre-bid meeting.
• Answer bid questions and issue addendums as required.
• Attend bid opening, tabulate bids, and make a recommendation of award to
the City.
• Assist in City procurement of final contract agreement, verification of
insurance and bonds, and issue notice to proceed.
• Schedule and conduct one pre-construction conference prior to
commencement of work. Issue pre-construction meeting minutes to the
Contractor and the City.
• Take pre-construction photos of the proposed work area.
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Task Order No. 012
November 26, 2025
Page 2
• Review Contractor shop drawing submittals for conformance with the contract
documents and City of Bozeman standards.
• Attend weekly construction meetings during construction.
• Respond to Contractor requests for information. Issue necessary clarifications
and interpretations of the Contract Documents.
• Recommend and prepare Change Orders and Work Change Directives to the
City as required.
• Provide field staking of the proposed sanitary sewer improvements.
• Coordinate and schedule quality control testing during all phases of
construction.
• Provide full-time construction observation during construction utilizing a
Resident Project Representative (RPR) to assist Engineer in observing progress
and quality of the work assuming a 60 calendar day construction contract and
50-hour work week. The RPR shall report the Engineer when clarifications and
interpretations of the Contract Documents are needed and relay those
clarifications and interpretations to the Contractor. RPR will prepare daily
inspection reports utilizing the Raken Construction Management software,
which will be sent to the Engineer and City staff daily, as desired. In addition to
review of major work items, inspection activities shall include review of traffic
control and sediment and erosion control. Major work items include, but are
not limited to: sanitary sewer installation, subgrade preparation, gravel base
course preparation, concrete work, and paving.
• Review Contractor applications for payment.
• Coordinate testing of final sanitary sewer installations and recommend
approval or adjustments as necessary.
• Conduct final inspection and prepare punchlist.
• Prepare record drawings based on as-built conditions.
• Conduct two-year inspection with City staff and Contractor.
The following items are not expected to be needed for this project and are therefore
specifically excluded from this scope of work:
• Landscape restoration and irrigation plans (by special provision only)
• Material testing (by City of Bozeman term contract)
• Street lighting
• Traffic signal/intersection design
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Task Order No. 012
November 26, 2025
Page 3
• Stormwater calculations and report
• Stormwater Pollution Prevention Plan (SWPPP) permit
• Right-of-way coordination
• Wetland permitting and mitigation
• Erosion control plans
Fees and Billing Arrangements:
Fee
Phase 1 – Construction Services and Contract Administration $60,000
Total Fee $60,000
Sanbell will bill for its services on a fixed fee basis for a total of $60,000.00 as
specified in the fee table above and attached detailed hourly breakdown. Sanbell
shall submit invoices to the Client for work accomplished during each calendar
month. The amount of each monthly invoice shall be determined on the “percentage
of completion method” whereby Sanbell will estimate the percentage of the total
work accomplished during the invoicing period.
Project Schedule:
The anticipated schedule for this project will be solicitation for contractor bids in
early Spring 2026.
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Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
SUBJECT:Resolution Authorizing the City Attorney to Appoint Outside Counsel to
Prosecute Misdemeanor Offenses Upon a Conflict
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt the Resolution
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
Montana law provides the City Commission the authority to retain additional
or other legal counsel. The City Attorney is the City’s legal officer pursuant to
Sec. 4.03 of the Charter. By adopting this Resolution, the Commission will
provide authority to the City Attorney to appoint additional or other counsel
in the prosecution of misdemeanor offenses where the City Attorney
determines a conflict of interest exists. This resolution is drafted to be a
“standing” resolution; meaning, it will provide ongoing authority for the City
Attorney to make such appointments and will be effective until repealed or
superseded by the Commission.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified.
FISCAL EFFECTS:In our experience, other prosecution agencies do not charge for this service
as our office provides the same services to them without a fee. There may
be circumstances where the City would reimburse another agency for
expenses such as travel. In doing so, payment will come out of our existing
contracted services budget.
Attachments:
Standing Authority to Appoint Counsel 12 5 25 gs.docx
Report compiled on: December 5, 2025
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Page 1 of 2
COMMISSION RESOLUTION _______
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, GRANTING THE CITY ATTORNEY AUTHORITY ON AN ONGOING
BASIS TO APPOINT OUTSIDE OR OTHER COUNSEL FOR PURPOSES RELATED
TO THE PROSECUTION OF MISDEMEANOR OFFENSES.
WHEREAS, the Bozeman City Attorney is authorized by Section 4.03 of the Bozeman
City Charter to represent the City in all legal proceedings including the prosecution of
misdemeanor offenses within the City; and
WHEREAS, §7-4-4605, MCA, authorizes the City Commission to appoint additional or
other counsel; and
WHEREAS, it is necessary from time to time for the City Attorney to appoint additional
or other counsel to represent the City in the prosecution of misdemeanor offenses where a
conflict of interest may exist.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana that:
SECTION 1: AUTHORITY TO APPOINT
The City Attorney is hereby authorized to appoint outside or other counsel where the City
Attorney determines a conflict of interest may exist in the prosecution of misdemeanor offenses.
This Resolution fulfills the requirements of §7-4-4605, MCA, for all appointments of outside or
other counsel made by the City Attorney related to the prosecution of misdemeanor offenses.
This Resolution does not supersede the City Attorney’s authority to procure other legal services
in compliance with local and state law. This Resolution remains effective until repealed or
superseded by action of the City Commission.
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Page 2 of 2
SECTION 2: SAVINGS CLAUSE
This Resolution does not affect the rights and duties that matured, or proceedings that were begun
before the effective date of this Resolution.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 16th day of December, 2025.
TERENCE CUNNINGHAM
Mayor
ATTEST:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Ross Knapper, Park Planner
Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:A Resolution of the City Commission of the City of Bozeman, Montana,
Accepting the Real Property Currently Known as Gardner Park.
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt A Resolution of the City Commission of the City of Bozeman, Montana,
Accepting the Real Property Currently Known as Gardner Park.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:City of Bozeman Parks Department received a request from Gallatin County
to transfer ownership and future maintenance responsibility of Gardner Park
to the City of Bozeman Parks Department. Gardner Park was established in
March 1973 and platted with Gardner Park Subdivision, a Gallatin County
approved subdivision, and wholly located outside of the jurisdictional
boundary of the City of Bozeman. While currently located outside of city
limits, the western property boundary of Gardner Park is physically adjacent
to city limits. Gardner Park also shares property boundaries with existing city
parkland or city owned property along the east, south, and west property
boundaries. Gardner Park also lies within the planning boundary of the
Bozeman Community Plan 2020 and the Parks, Recreation, and Active
Transportation Plan. Parks staff conducted a site evaluation visit on
November 13, 2025 to confirm existing conditions, identify current
amenities and features, and locate property boundaries. The addition of
Gardner Park will add around 8.5 acres of mature urban forest canopy,
preserve and protect a stretch of about 800 feet of Bozeman Creek, and has
an existing gravel fines trail. Gardner Park is physically adjacent to
Tuckerman Park (approximately 10 acres) creating a large contiguous park
area totaling over 18.5 acres, while also providing a connection to the nearby
McLeod Park further to the west. Gallatin County Commission voted and
approved the transfer of Gardner Park to the City at their December 2, 2025
meeting.
The transfer of Gardner Park is being given as a land donation by Gallatin
County. Future maintenance of the park will be the responsibility of the
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Parks Department. Gardner Park is classified as a natural area consisting
mostly of mature urban forest with a gravel fines trail. Current
infrastructure/amenities include a small existing parking area, a dog station,
a trail side bench, and pedestrian bridge. There is no irrigation system and
no irrigation well. Future maintenance will largely consist of regular trail
maintenance and required tree trimming for trail safety and tree health.
Future lot aggregation and annexation of the parcels will require submittal of
development review applications.
UNRESOLVED ISSUES:Gardner Park, along with the adjacent city owned properties will be
aggregated into a single parcel and annexed into the city following transfer
and acceptance of Gardner Park.
ALTERNATIVES:Per City Commission
FISCAL EFFECTS:Maintenance of Gardner Park will be funded through the Park and Trails
District.
Attachments:
01_Gardner Park Resolution.docx
02_Exhibit A_Gardner Park_Plat.pdf
03_Exhibit B_deeds.pdf
04_Gardner Park_Ped_Inspection.pdf
05_Gardner Park_County Documents.pdf
Report compiled on: December 4, 2025
364
RESOLUTION
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ACCEPTING THE REAL PROPERTY CURRENTLY KNOWN AS “GARDNER PARK.”
WHEREAS, Gardner Park is currently owned and maintained by Gallatin County, a political
subdivision of the State of Montana; and
WHEREAS, on December 02, 2025, the Gallatin County Commission voted to convey
Gardner Park to the City of Bozeman by land donation, and executed a quitclaim deed and realty
transfer certificate on the same date; and
WHEREAS, Gardner Park was established with the platting of Gardner Subdivision, dated
March 16th, 1973 (Exhibit A) and is more particularly described as shown on the Gardner Park
Subdivision plat (Plat I-7), located in the NE ¼ of Section 30, Township 2 South, Range 6 East,
being 8.536 acres, as filed in the records of the Clerk & Recorder M.P.M., Gallatin County,
Montana; and
WHEREAS, the conveyance to the City of Bozeman is conditioned on the City of Bozeman
continuing to use and maintain the Property as a park pursuant to § 7-8-102, MCA; and
WHEREAS, it is in the City’s interest to accept this donation as Gardner Park is physically bordered
by two additional City of Bozeman parcels, conveyed to the City in 1973 (Exhibit B); and
WHEREAS, the addition of Gardner Park will contribute to existing City of Bozeman
parkland, known as Tuckerman Park (10.02 ac), and create a large contiguous parkland system
totaling over 18.5 acres; and
WHEREAS, Gardner Park is within the planning boundary of the 2025 Bozeman Community Plan and
the Parks, Recreation, and Active Transportation Plan boundary; and
WHEREAS, Bozeman Municipal Code Section 2.08.100 authorizes the City Commission to
accept by land donation any real property necessary for the use of the City; and
365
WHEREAS, the Bozeman Parks and Recreation Department proposes the permanent
acceptance and dedication of Gardner Park; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, to wit:
Section 1
The City of Bozeman hereby accepts the quitclaim deed and realty transfer certificate
executed by Gallatin County, and agrees that, should the City of Bozeman cease to use the
property as a park for a period of 5 years in succession, the title thereto shall revert to
Gallatin County.
Section 2
That City of Bozeman staff shall take such steps as necessary to ensure a public record of
this action is recorded with the Clerk and Recorder's office of Gallatin County, Montana,
so that this Declaration of Parkland is known to all men and women as the will of the
City Commission of the City of Bozeman, Montana.
Section 3
That pursuant to Section 7-8-103-MCA, Gardner Park, as described above and as shown on
Exhibit A (attached), is hereby established as public parkland to be utilized by the citizens
of the City of Bozeman, Montana pursuant to and consistent with various ordinances of
the City of Bozeman.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the day of , 20 .
Terrance Cunningham
Mayor
366
ATTEST:
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
GREG SULLIVAN
City Attorney
367
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369
370
GARDNER PARK PEDESTRIAN BRIDGE
Bridge Inspection Report
Prepared By: Quality Assurance Review:
Kathy Thompson, PE Nate Peressini, PE
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Page | 2
3530 Centennial Drive, Helena, MT 59601 | phone: 406-442-8594
851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594
2223 Montana Avenue, Suite 201, Billings, MT 59101 | phone: 406- 601-4055
www.seaeng.com
Engineers and Land Surveyors
Introduction
Stahly Engineering was contacted to perform a bridge inspection for a bridge located on Sourdough
Trail in Gardner Park crossing Bozeman Creek just north of the parking area on Gardner Park Drive
(45.6417°N, -111.0300°W). During the visit, Stahly Engineering conducted a visual, non-destructive
inspection of the condition of the bridge superstructure, substructure, and water channel. Overall,
the bridge is in good condition, with minimal areas of concern.
Bridge Inspection
Steel Truss Superstructure
The existing pedestrian bridge consists of a prefabricated steel truss superstructure with timber
decking and a steel pedestrian handrail. The bridge is 47-feet in length and 6-feet wide. An
information plaque on the bridge indicates that the bridge was constructed in 2002 and designed
for a 6,000-pound load limit. See Continental Bridge shop drawings located in Appendix B.
The timber deck is comprised of 1½” thick hardwood planks that show little to no signs of wear.
The steel truss is also in good condition, with no signs of deterioration or damage present. The
underside of the truss does exhibit some signs of moisture, likely from damp weather or high water
within the channel. However, there is no evidence of steel corrosion as a result of the moisture.
Figure 1: Aerial Location of Pedestrian Bridge
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Page | 3
3530 Centennial Drive, Helena, MT 59601 | phone: 406-442-8594
851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594
2223 Montana Avenue, Suite 201, Billings, MT 59101 | phone: 406- 601-4055
www.seaeng.com
Engineers and Land Surveyors
Concrete Substructure
The pedestrian bridge appears to be founded on a reinforced cast in place concrete foundation.
Without construction plans, it is unknown whether the bridge has a deep foundation (driven steel
piles), a shallow foundation (concrete spread footing), or a grade beam; however, based on
engineering experience with similar structures, it is likely that the foundation is a concrete grade
beam perched above the channel.
The concrete is in fair to good condition, with some small areas of honeycombing and popouts,
which are generally associated with improper construction techniques or concrete composition.
While cosmetic at this time, these areas have the potential to allow moisture to enter the
foundation, which may lead to rebar corrosion and concrete deterioration.
Figure 3: Steel truss bridge with timber deck
Figure 2: Evidence of moisture on bottom of truss
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Page | 4
3530 Centennial Drive, Helena, MT 59601 | phone: 406-442-8594
851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594
2223 Montana Avenue, Suite 201, Billings, MT 59101 | phone: 406- 601-4055
www.seaeng.com
Engineers and Land Surveyors
Figure 4: Erosion at South Abutment
Observations and Recommendations
Overall, this pedestrian bridge exhibits no structural concerns at this time. The steel truss and
timber decking are currently in good condition, with no areas of distress at this time. In addition,
the concrete abutments are also in good structural condition, and there are no indications that the
bridge cannot handle the design load of 6,000 lbs.
There are two minor recommendations for bridge maintenance:
Scour Conditions at the Abutments
One area of concern for the foundation are the
void pockets beneath the concrete abutment,
present at both ends of the bridge. Natural
events, such as high water or animal passage,
may result in additional erosion and material
removal, potentially causing settlement of the
foundation. Due to the minimal distance from
the foundation to the channel bottom, this
would likely not be catastrophic; however, it
may result in misalignment of the bridge in
relation to the trail, both horizontally and
vertically, and twisting of the structure.
Figure 5: Erosion at North Abutment
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Page | 5
3530 Centennial Drive, Helena, MT 59601 | phone: 406-442-8594
851 Bridger Drive, Suite 1, Bozeman, MT 59715 | phone: 406-522-8594
2223 Montana Avenue, Suite 201, Billings, MT 59101 | phone: 406- 601-4055
www.seaeng.com
Engineers and Land Surveyors
Concrete Abutments
The existing concrete abutments appear to be in good condition with minimal cracks and spalling.
As previously mentioned, the areas of pop outs and honeycombing could result in deterioration of
the abutments. These areas should continue to be monitored over the life of the bridge.
Figure 7: Typical small concrete pop outs along face of abutments
Should you have any questions that may arise, please contact Kathy Thompson, P.E. at 406-522-
8594 or kthompson@seaeng.com.
Figure 6: Area of honeycombing at South Abutment
375
APPENDIX A
PHOTO LOG
376
PHOTOGRAPHIC INSPECTION INFO
Structure Name: Gardner Park Pedestrian Bridge
Location: Gardner Park, Bozeman, MT
Date: August 30, 2024
Page 1 of 4
Steel Pedestrian Bridge – Looking North
Bridge Elevation
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PHOTOGRAPHIC INSPECTION INFO
Structure Name: Gardner Park Pedestrian Bridge
Location: Gardner Park, Bozeman, MT
Date: August 30, 2024
Page 2 of 4
Bridge identification placard
South bridge abutment and underside of bridge
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PHOTOGRAPHIC INSPECTION INFO
Structure Name: Gardner Park Pedestrian Bridge
Location: Gardner Park, Bozeman, MT
Date: August 30, 2024
Page 3 of 4
North bridge abutment
Erosion / scour at south abutment
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PHOTOGRAPHIC INSPECTION INFO
Structure Name: Gardner Park Pedestrian Bridge
Location: Gardner Park, Bozeman, MT
Date: August 30, 2024
Page 4 of 4
South bridge abutment and wingwall – honeycombing at corner of wing
Bridge memorial placard
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APPENDIX B
STEEL SUPERSTRUCTURE SHOP DRAWINGS
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383
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385
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Chief Civil Attorney
Greg Sullivan, City Attorney
Chuck Winn, City Manager
SUBJECT:Final Adoption of an Ordinance Creating a Tenant Right to Civil Counsel and a
Landlord/Tenant Mediation Program.
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Consider the Motion:
I move for final adoption an Ordinance of the City Commission Adopting a
Tenant Right to Civil Counsel and Landlord/Tenant Mediation Program.
STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education,
public awareness, and to coordinate programs concerning emergency
services, criminal justice, and important social services.
BACKGROUND:
In January of 2023, the City Commission, pursuant to Resolution 5626
(adopted August 6, 2024), established a priority to develop a tenant right to
counsel program. This priority was adopted pursuant to the “Safe
Welcoming Community” strategic plan priority. The tenant right to counsel
(TRC) priority included researching, analyzing, and developing program
options and “funding and program option discussion at Commission pending
positive legal review.”
On May 13, 2025, the City Commission held a work session on Tenant’s Right
to Counsel (TRC). At the conclusion of that work session, all members of the
City Commission indicated their support to move forward with developing an
ordinance for a civil right to legal counsel for tenants in the city.
Additionally, a majority of commissioners expressed interest in exploring a
mediation program open to both landlords and tenants in an effort to
resolve disputes prior to or in lieu of litigation. The Commission expressed a
desire to have the programs be available to as many residents as possible,
with limited eligibility requirements if any. Further the Commission
expressed a desire to allow for the broad representation of a tenant under a
TRC program.
386
Following the work session, we continued to research programs and issues
associated with creating a TRC and mediation program. Targeted
engagement efforts focused on learning from those with knowledge of the
process including the justice court, attorneys, mediators, tenants, and
landlords. In addition to insightful feedback and ideas about program
concepts, an overarching theme in all engagement was the importance of
educating the community about the programs and about rights and
responsibilities of both tenants and landlords.
The result of the work and engagement is a recommendation for a three-
pronged approach with a goal of increasing housing stability within the city.
First – create a right to counsel for tenants in the Bozeman Municipal Code
and require the City Manager implement a program for those legal services
to the extent funding is appropriated or received. Second – create a landlord
and tenant mediation program, free to both sides to mediate
landlord/tenant disputes and require the City Manager implement a
program for mediation services to the extent funding is appropriated or
received. Third – create an education campaign to bring awareness to the
TRC and mediation programs, create education materials with landlord and
tenant rights and responsibilities, and hold educational events and strive to
fill gaps in current efforts to educate both tenants and landlords.
On December 2, 2025, the City Commission adopted Resolution 2025-77
outlining the goals, eligibility, and components of each of the three
programs and provisionally adopted this ordinance that provides a
framework for the right to counsel and the mediation program.
UNRESOLVED ISSUES:Next steps include drafting Request for Proposals for each program;
selection of service providers and contracting.
ALTERNATIVES:Amendments at the discretion of the Commission.
FISCAL EFFECTS:
Requests for proposals will be created for legal services, mediation services,
and for an educational campaign. FY26 budget savings in the General Fund
are expected to be sufficient to fund program implementation. The results of
the RFPs and negotiated contracts will need to be evaluated and
incorporated into the 2027 biennial budget process.
Attachments:
Final ORDINANCE Adopting TRC and Mediation Programs.pdf
387
Report compiled on: December 8, 2025
388
ORDINANCE 2025-______
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING A TENANT’S RIGHT TO CIVIL COUNSEL AND A
LANDLORD/TENANT MEDIATION PROGRAM.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect public the health, safety, and welfare of the
citizens of Bozeman; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, on August 6, 2024, the City Commission adopted Resolution 5626
establishing the development of a tenant right to counsel program as a priority of the City
Commission to further implement the strategic plan goal to create a Safe, Welcoming Community
for all to thrive; and
WHEREAS, on December 2, 2025, the City Commission adopted Resolution 2025-____
Adopting Commission Goals for a Tenant’s Right to Counsel Program and a Landlord/Tenant
Mediation Program to memorialize the intention of the programs created by this Ordinance; and
WHEREAS, over half of the residents of Bozeman are tenants; and
WHEREAS, over 100 eviction actions were filed against Bozeman residents in both 2023
and 2024 and less than 1% of the tenants over this two-year period were represented by counsel;
and
WHEREAS, in cities that provide a right to counsel to tenants in eviction cases, data shows
a reduction in displacement of families and individuals, an increase of fairness in eviction
proceedings, and a demonstrable reduction in social, economic, and public health impacts and
costs related to housing; and
389
WHEREAS, providing mediation in landlord/tenant disputes benefits both tenants and
landlords by providing a neutral third party to seek mutually agreeable solutions through facilitated
conversation, thereby reducing court filings saving both tenants and landlords money, and
reducing the imposition of judgements and evictions that may impact a person’s ability to obtain
future housing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That under Chapter 2, a new Article 9, Division 1 shall be created and shall be codified as follows:
“Article 9: Housing Division 1: Tenant Right to Counsel/Mediation Sec.2.09.100. – Purpose.
Sec. 2.09.110. – General.
Sec. 2.09.120. – Definitions. Sec. 2.09.130. – Provision of legal services – Tenant Right to Counsel. Sec. 2.09.140. – Mediation. Sec. 2.09.150. – City Manager Authority/Reporting.
Sec. 2.09.100 – Purpose. The purpose of this division is to provide a tenant’s right to counsel program and a landlord/tenant mediation program to support housing stability for residents and property owners.
Sec. 2.09.110 – General. A. The responsibility to represent a tenant, with or without funding allocations and availability of a program, does not rest with the City Attorney’s Office nor will the City Attorney’s Office represent any landlord or tenant.
B. Nothing in this division creates a procedural or substantive right to the benefit of an
individual and nothing in this division may be interpretated to obligate, interfere, or direct a court. C. Nothing in this division binds future funding appropriations. D. The provisions of this division do not apply to contractual relationships for
accommodations such as: hotel, motel, boarding house, guest house, short-term rental,
transitional or emergency housing; employers providing employee housing; university owned and operated housing; fraternities and sororities, residences at a public or private community residential facility all as defined in chapter 38; or a facility providing medical, geriatric, counseling, or religious services.
390
E. Nothing in this division requires a tenant to obtain legal services, a landlord or tenant to participate in mediation, or any person to forego other rights they may have.
Sec. 2.09.120. – Definitions. A. The following words and phrases, whenever used in division, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
1. “Tenant” means a person residing within the city who is entitled under a rental agreement to occupy a residential dwelling unit to the exclusion of others, who has no ownership interest in the property, and who is a signatory on the rental agreement.
2. “Landlord” means a person or entity that owns residential property within the city
and who has entered an agreement to rent the property to one or more tenants. For the purposes of this division, a duly authorized property management company or manager may act on behalf of a landlord, with permission, as herein defined. 3. “Covered proceeding” means proceedings related to a tenant’s residence including but not limited to mediation, civil actions by a landlord for possession, damage claims, counterclaims including claims for return of a security deposit, a tenant’s claims related to maintenance of the property, and an appeal of any such
proceedings. 4. “Legal services” means civil legal representation and all related legal advice, advocacy, and assistance associated with such representation provided by an attorney licensed to practice law in Montana and employed or associated with a service provider contracted by the city, consistent with the attorney’s obligations
established by the Montana Rules of Professional Responsibility. 5. “Mediation services” means mediation conducted by a mediator with specific training in landlord and tenant law and related issues.
Sec. 2.09.130 Provision of legal services – Tenant Right to Counsel.
A. The city hereby establishes, and the city manager must implement to the extent funding
is appropriated or received, a Tenant Right to Counsel Program to provide legal services for a tenant in a covered proceeding. B. A tenant with an agreement with a landlord for the tenant’s use of the landlord’s property is eligible for civil legal services for covered proceedings.
C. A tenant facing eviction may access legal services, regardless of whether an action for
possession has been filed in court, to communicate with a landlord, formally or informally mediate with a landlord, or defend an action for possession or other covered proceedings. Counsel for the program may agree to initiate litigation on behalf of a tenant if such litigation fulfills the purpose of this division.
D. A tenant receiving housing choice vouchers through the Federal Department of Housing
and Urban Development may access legal services for covered proceedings. E. Legal representation of a tenant through a contracted provider of legal services creates an attorney-client relationship. Legal services may include, but are not limited to, full
391
representation of a tenant in a covered proceeding or limited scope representation of a tenant when appropriate and agreed to by the attorney and client.
F. A tenant who has obtained legal services must seek mediation with the landlord, to the
extent practical, as a requirement of accessing legal services.
Sec. 2.09.140 Mediation
A. The city hereby establishes, and the city manager must implement to the extent funding is appropriated or received, a Landlord/Tenant Mediation Program to provide mediation
services at no charge to either party. B. All landlord and tenants with a rental agreement for a residential property within the city are eligible for mediation services when funded and implemented by the city. C. The Landlord/Tenant Mediation Program will be available to both voluntarily initiated mediation and court ordered mediation.
D. Except where otherwise required by law, mediations and any agreements reached by the parties are confidential.
Sec. 2.09.150 City Manager Authority/Reporting
A. The city manager is authorized to establish procedures and criteria for selection of contracted service providers consistent with this division, commission resolution, applicable law, and city policy.
B. The city manager, based on budgetary and resource availability, may implement
additional eligibility requirements or implement a prioritization for covered proceedings and mediation services to ensure program effectiveness, or to comply with funding requirements. C. The city manager must develop reporting requirements including data collection
requirements for an entity contracting with the city for legal services or mediation
services.
D. Criteria related to a tenant’s qualifications may be developed by the city manager when required by funding sources.”
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
392
Section 3
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification. The provisions of Section 1 shall be codified as appropriate in Chapter 2 of the Bozeman
Municipal Code.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 2nd day of December 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
393
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading at a regular session therefor held on the 16th day of
December 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
________________________________
GREG SULLIVAN
City Attorney
394
Memorandum
REPORT TO:City Commission
FROM:Natalie Meyer, Sustainability Program Manager
Jon Henderson, Assistant City Manager
SUBJECT:Bozeman Climate Plan 2025 Impact Report
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Bozeman Climate Plan 2025 Impact Report.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:On December 22, 2020, the City Commission approved Resolution 5248
adopting the Bozeman Climate Plan. The Climate Plan identifies community
goals and actions to reduce greenhouse gas emissions and prepare for the
impacts of climate change.
Sustainability Program Manager, Natalie Meyer, will present a year-in-review
summary of progress on the Climate Plan.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the City Commission
FISCAL EFFECTS:None.
Report compiled on: December 4, 2025
395
Memorandum
REPORT TO:City Commission
SUBJECT:Commission Special Presentation
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:The City Commission will make their special presentation.
396
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Community Development Director
SUBJECT:Ordinance 2151 Final Adoption, Repeal and Replacement of all of Chapter
38, Unified Development Code Including Text and Zoning Map to Comply
with the Montana Land Use Planning Act and Implement the Bozeman
Community Plan, Application 21381
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Consider the Motion: I move that the Commission approve final adoption of
Ordinance 2151.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:
This project repeals the entirety of Chapter 38, Unified Development Code,
and the associated zoning map and replaces it with a new text and map. Full
details on the project are available at the project website,
engage.bozeman.net/udc. The draft map and text for public hearing were
released for public review on September 19, 2025. Several public meetings
were held to introduce the draft to the public and answer questions in
advance of the public hearings. A revised draft, (the base draft) was released
on November 20, 2025 reflecting corrections and cleanups. A list identifying
changes made between Sept. 19th and Nov 20th was provided. A set of
recommendations by the Community Development Board was made for
substantive revisions at their public hearing. The substantive revisions
recommended by the Community Development Board were not included in
the base draft but provided separately for ready review and made available
through the project website [external link] and the application folder
[external link] in the Laserfiche archive.
The project repeals and replaces Chapter 38 to adopt zoning and subdivision
processes and standards, including a new zoning map, in compliance with
the requirements of the Montana Land Use Planning Act. The City has
397
regularly comprehensively updated and replaced its zoning since first
adopting zoning in 1935. As the community changes the regulations need to
keep pace, and approximately 650 text and map amendments or
replacements have occurred since 1935.
The new text and map continue the implementation of the City’s adopted
land use plan, housing plan, climate action plan, and other issue and area
(neighborhood) plans. The former growth policy, housing plan, and climate
action plan were adopted in 2020 and implementation has been ongoing.
The nature and scope of this change was directly communicated in public
hearing notices. The land use plan was initially adopted in 2020 and was
updated for technical compliance with revised state laws and the new
version adopted on Oct 28, 2025. Improvements to the regulations for user
convenience such as increased graphics, simplified language, and document
reorganization are also included.
The 2023 Legislature adopted a new legal framework for land use planning
and regulation that applies to Bozeman and completely replaces the laws
that governed earlier zoning and subdivision regulations. Bozeman must
update and replace its regulations to comply with the new Montana Land
Use Planning Act (MLUPA). This is being completed along with the UDC
updates referenced above which have been underway since 2022.
Bozeman’s land use plan and supporting issue plans address how the City of
Bozeman intends to grow, the impacts of development and various ways to
mitigate impacts of additional development.
Per Title 76, Chapter 25, Part 3 and 4, implementing regulations for zoning
and subdivision need to be in substantial compliance with the adopted land
use plan. Therefore, the applicable criteria of review are those set in MLUPA.
Evaluation of the proposed regulations against the MLUPA criteria of
adoption is provided in the attached materials.
The Community Development Board conducted a public hearing beginning
on November 3, 2025 and continuing to November 17, 2025. They
recommended adoption with revisions. See links to data above.
The City Commission held a public hearing on December 2nd to receive
public comments, review recommendations from the Community
Development Board and determine whether to provisionally adopt the new
zoning map and text. After receiving and reviewing written comments and in
addition hearing oral comments from members of the public, the
Commission began discussion. The video [external link] recording of the
meeting is available and review of the UDC update begins at time stamp
4:15:20. Public comment begins at time stamp 5:20:05. Commission
discussion begins at time stamp 6:37:15. A main motion was passed and
then amending motions directing 20 revisions to the text and four revisions
to the zoning map. A listing of the amendments is attached with this item. At
the conclusion of discussion, the main motion passed on a vote of 5-0
398
provisionally adopting Ordinance 2151.
A revised text and zoning map reflecting the Commission's direction and
action on Dec. 2nd has been prepared and is available for public review.
Copies are available with this agenda item, the Engage Bozeman project
website [external link], and the project Laserfiche folder [external link].
Public comment [external link] continues to be received on this item prior to
final adoption. Action on this agenda item will finalize adoption of the
update to Chapter 38. Effective date of the new ordinance is set for February
1, 2026.
UNRESOLVED ISSUES:As determined by the City Commission.
ALTERNATIVES:1. Final Adoption of Ordinance 2151 with the draft text and map as
presented;
2. Final Adoption of Ordinance 2151 with revisions to the text and/or map
or
3. Request revisions to draft text or map before continuing adoption
process.
FISCAL EFFECTS:None. Funds for this project were previously budgeted and authorized.
Attachments:
Ordinance 2151.docx
BozemanUDC_Text_Adoption Draft_December 2025_v1.pdf
Zoning Map 12-4-2025 (18x18).pdf
City Commission Directed Revisions at Provisional Adoption
12-02-2025.pdf
21381 Staff Report UDC Replacement 2025 - City Commission
hearing.pdf
21381 UDC Repeal and Replacment CDB and CC Legal
Newspaper Notice.pdf
Group Engagement Log -11-20-2025.pdf
BOZ UDC_Zoning District Conversion Guide_10.17.2025.pdf
MLUPA Code Compliance Summary 10-27-2025.pdf
Report compiled on: December 8, 2025
399
Version February 2023
Ord 2151
Page 1 of 8
ORDINANCE 2151
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING
IN ITS ENTIRETY CHAPTER 38, UNIFIED DEVELOPMENT CODE AND ASSOCIATED ZONING MAP,
AS ADOPTED BY ORDINANCE 1978 AND AMENDED FROM TIME TO TIME, AND ADOPTING A
NEW CHAPTER 38, UNIFIED DEVELOPMENT CODE AND ASSOCIATED ZONING MAP TO
ESTABLISH LAND DEVELOPMENT STANDARDS AND PROCEDURES CONSISTENT WITH
PROCEDURES AND REQUIREMENTS ESTABLISHED BY THE MONTANA LAND USE PLANNING ACT.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of
Montana Code Annotated §§ 76-25, the Montana Land Use Planning Act; and
WHEREAS, after proper notice, the Community Development Board in their capacity as
Planning Commission held public hearings on September 18, 2023, October 10, 2023, November
3, 2025, and November 17, 2025, to receive and review all written and oral testimony on the
repeal and replacement of Chapter 38, Unified Development Code, Bozeman Municipal Code;
and
WHEREAS, the Community Development Board recommended to the Bozeman City
Commission that Ordinance 2151, be approved with amendments; and
WHEREAS, after proper notice, the City Commission held its public hearing on December
2, 2025, to receive and review all written and oral testimony on the proposed land use
regulations; and
WHEREAS, the City Commission at its public hearing on December 2, 2025, considered all
relevant materials submitted by the public, the recommendation of the Community
Development Board, and the proposed draft text and zoning map; and
WHEREAS, the City Commission has reviewed and considered the applicable criteria for
adoption of land use regulations established in Montana Code Annotated §§76-25, the Montana
400
Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 2 of 8
Land Use Planning Act and found that the proposed text and zoning map are in compliance with
the criteria; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The Montana Constitution, in Article XI, § 4 mandates to liberally construe the powers
of incorporated cities, and Article XI, § 6 of the Montana Constitution expressly
authorizes a local government with self-government powers to exercise any power not
prohibited by the constitution, law, or charter.
2. Section 7-1-114, MCA requires self-government powers local governments to follow the
state specified requirements for planning and zoning.
3. The City proposed to adopt land development and use standards to protect public
health, safety and welfare and otherwise execute the purposes of the Montana Land
Use Planning Act subsequent to adoption of a Land Use Plan.
4. A staff report analyzing the required criteria for adoption of a land use plan was
prepared, made available to the public for review, and found that the required criteria
of Montana Code Annotated were satisfied.
5. The necessary public engagement plan was adopted, electronic means of distribution
and receipt of information were established, public hearings were advertised as
required in state law, proposed documents made available to the public, and all persons
had opportunity to review the applicable materials and provide comment.
6. The Community Development Board considered the application materials, staff analysis
and report, all submitted public comment, and all other relevant information and
recommended approval to the City Commission.
7. The City Commission considered the application materials, staff analysis and report,
recommendation of the Community Development Board, all submitted public
comment, and all other relevant information.
8. The City Commission determined that the land use plan and supporting documents and
plans evaluated necessary subjects, considered existing and expected future conditions,
and provided a proper balance of interests, rights, and responsibilities of all parties as
required by law.
9. After substantial public outreach and engagement, the City adopted a land use plan
consistent with the requirements of the Montana Land Use Planning Act, the Bozeman
401
Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 3 of 8
Community Plan (BCP), by Resolution 2025-71 to establish policies for development of
the community.
10. The Montana Land Use Planning Act and prior law requires that the City’s zoning and
subdivision regulations be in accordance with an adopted land use plan. The City
determined revisions to text and map components of zoning and subdivision
regulations were required to bring the regulations into accord with the newly adopted
growth policy in 2020 and began an amendment process.
11. Public engagement on proposed replacement of the Unified Development Code began
in the summer of 2022 and continued throughout the code development and adoption
process.
12. The Montana Legislature adopted Senate Bill 382, the Montana Land Use Planning Act
which was signed by the Governor on May 17, 2023, with an immediate effective date.
13. The Montana Land Use Planning Act replaces all prior land use planning, subdivision,
and zoning statutes applicable to the City of Bozeman and requires new processes be
followed by the City and was amended in several parts by Senate Bill 121 in the 2025
Legislative Session.
14. The City Commission established a Planning Commission by Resolution 5534.
15. The City Commission determined that the process of planning for land uses and other
issues meets the requirements of the Montana Land Use Planning Act and by Resolution
2025-71 established a land use plan as required by the Montana Land Use Planning Act.
16. The City has adopted various plans and studies, collectively referred to as issue plans,
to consider existing conditions, future growth, needs for future infrastructure and
services, and the issue plans provide a basis for development of regulation and
evaluation of compliance with regulations.
17. The Montana Land Use Planning Act requires the City to adopt zoning and subdivision
regulations to implement the land use plan.
18. The City has established the required public engagement process and provided
continuous opportunities for engagement during the development of implementing
regulations.
19. Public notice of public meetings and opportunity to comment was provided through
multiple means including publication in the Bozeman Daily Chronicle, social media, City
website, and many other means documented by the city.
20. Public opportunities for participation extended throughout the entire project with the
website launching on August 11, 2022 and continuing throughout the project.
21. The City has evaluated hundreds of written submitted comments, survey responses,
and oral comments, and other input.
22. The City Commission conducted five work sessions in 2025 to review, discuss, and give
direction on revisions to the text and map following received public input.
402
Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 4 of 8
23. Revised draft and map were provided for public review and multiple public orientation
and information sessions were provided for the public to understand changes and
become familiar with the draft prior to public hearings.
24. Community Development Board in their role as the Planning Commission conducted a
public hearing, reviewed and received public comment, discussed and considered
comments and revisions to the draft in response to comments.
25. Community Development Board provided a recommendation of approval with
amendments to the text to the City Commission and recommendation of approval of
the proposed zoning map with amendments.
26. The City Commission conducted a work session on the adoption and application review
processes on November 10, 2025, and a work session on standards and the zoning map
on November on November 18, 2025 and also received a report on the
recommendations of the Community Development Board.
27. The City Commission conducted a public hearing on December 2, 2025, reviewed and
received public comment, discussed and considered comments and revisions to the
draft in response to comments as suggested by the Community Development Board and
others.
28. The City Commission finds that all procedural and substantive requirements, including
adoption of housing supportive strategies required by 76-25-302 MCA have been met.
29. The City Commission finds that the Unified Development Code update is in substantial
compliance with the Bozeman Community Plan adopted on October 28, 2025.
30. The City Commission finds that adoption of the Unified Development Code as attached
to this ordinance is in the best interests of the City of Bozeman and its residents and
property owners.
31. The City Commission directs staff to correct any identified typographical, referential, or
other ministerial elements identified in the draft or during the codification process.
Section 2
The City establishes the various plans and documents as a basis for determination of compliance
with the required provisions of the Montanan Land Use Planning Act, regulatory compliance, and
public notice and participation and whether or not new or increased impacts from development
warrant notice and a public comment period. These include but are not limited to the following.
Documents are updated and revised to maintain currency and such updated plans carry the same
influence as the current editions.
1) Bozeman Creek Enhancement Plan – 2012
2) Bozeman Creek Neighborhood Plan – 2005
3) Bozeman Health Subarea Plan - 2024
403
Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 5 of 8
4) Climate Action Plan – 2020
5) Community Housing Action Plan - 2020
6) Community Transportation Safety Plan – 2013
7) Downtown Improvement Plan – 2019
8) Downtown Strategic Parking Management Plan – 2016
9) Drought Management Plan – 2022
10) Economic Development Strategy Update – 2023
11) Fire and EMS Master Plan – 2017
12) Gallatin County Hazard Mitigation Plan and Community Wildfire Protection Plan – 2020
13) Housing Needs Assessment – 2019
14) Integrated Water Resources Implementation Plan – 2013
15) Midtown Action Plan – 2017
16) Parks, Trails, and Active Transportation Plan - 2023
17) Stormwater Facilities Plan – 2025
18) Transportation Master Plan – 2017:
19) Triangle Community Plan – 2020
20) Urban Forestry Management Plan – 2016
21) Wastewater Collection Facilities Plan Update – 2025
22) Water Facility Plan Update – 2017
23) FEMA Flood Insurance Study
24) Montana Public Works Standard Specifications
25) City of Bozeman modifications to the Montana Public Works Standard Specifications
26) City of Bozeman Engineering and Design Standards
Section 3
Chapter 38 Unified Development Code of the Bozeman Municipal Code as existing on the
effective date of this ordinance be repealed in its entirety including all text and map components.
Section 4
A new Chapter 38 Unified Development Code of the Bozeman Municipal Code be adopted with
text as attached as Exhibit A to this ordinance with amendments as identified by the
Commission.
Section 5
A new zoning map consistent with the text of the new Chapter 38 Unified Development Code in
Exhibit A and attached as Exhibit B be adopted.
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Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 6 of 8
Section 6
The adopted zoning map in Section 5 be revised so that the zoning designations are displayed
based primarily on the parcel boundaries and the revised map made available through the City’s
website. Such adjustment may change the visual presentation of the zoning map but must not
change the zoning designation applicable to individual properties exclusive of public right of way.
Section 7
A. Pursuant to Montana Code Annotated section 76-25-305 and 76-25-408, all quasi-judicial
development applications will be reviewed by the appropriate review authority under the
regulations in effect at the time City staff determine the application contains all necessary
information and materials to complete review of the application.
B. Applications for zone map amendments or amendments to the text of Chapter 38 will follow
procedures and be reviewed under the statutory criteria in effect at the time City staff
determine the application contains all necessary information and materials to complete
review of the application. If staff determine an application is complete prior to the effective
date of any newly adopted zoning regulations, including the Unified Development Code
update, the application will be subject to the process and criteria found in Montana Code
Annotated Title 76, Chapter 2, Part 3. If staff determine an application is complete after the
effective date of any newly adopted zoning regulations implementing requirements of the
Montana Land Use Planning Act, including the Unified Development Code Update, the
application will be subject to the process and criteria found in Montana Code Annotated Title
76, Chapter 25, Part 3.
Section 8
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 9
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
405
Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 7 of 8
Section 10
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 11
Codification.
This Ordinance shall be codified as indicated in the text adopted in Section 4.
Section 12
Effective Date.
This ordinance shall be in full force and effect on February 1, 2026.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the _____ day of ________________, 2025.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
406
Ordinance No. 2151, Chapter 38, BMC Montana Land Use Planning Act Implementation
Page 8 of 8
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2025.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
407
ORDINANCE 2151 ADOPTION DRAFT
DECEMBER 16, 2025
CHAPTER 38
BOZEMAN
DEVELOPMENT
CODE
BUILDING OUR FUTURE TOGETHER
408
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 2025iiUNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA 409
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
410
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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.........................................................................................7-56
Division 38.730. - Noticing. ..........................................................................................................................7-60
Division 38.740. - Plan Review .....................................................................................................................7-63
Division 38.750. - Subdivision Procedures ................................................................................................7-80
Division 38.760. - Appeals, Deviations, Departures and Variance Procedures ................................7-104
Division 38.770. - Text and Zoning Map Amendments ..........................................................................7-113
Division 38.780. - Improvements and Securities ...................................................................................7-116
Division 38.790. - Nonconforming Situations .......................................................................................7-134
ARTICLE 8. - DEFINITIONS ............................................................................................................8-1
Division 38.800. - Terms and Interpretation ..............................................................................................8-2
MAJOR CHANGESMINOR CHANGES EDITORIAL CHANGES
DEGREE OF CHANGE BY ARTICLE
411
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
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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 MCA 76-25. 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. Further, it
is the purpose of this chapter to exercise to the fullest extent the authority of the city's Charter, utility,
and all other powers.
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.
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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.
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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 business 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.
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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.
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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 Mixed Use-B] ...................................................................................2-10
Sec. 38.210.040. - R-C [Residential Mixed Use-C] ...................................................................................2-12
Sec. 38.210.050. - R-D [Residential Mixed Use-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
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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. .....................................................................................................................2-96
Sec. 38.260.080. - Frontage. ......................................................................................................................2-100
Sec. 38.260.090. - Parking location. ........................................................................................................2-104
Sec. 38.260.100. - Vertical massing. .........................................................................................................2-106
Sec. 38.260.110. - Horizontal massing. .....................................................................................................2-112
Sec. 38.260.120. - Activation ......................................................................................................................2-115
Sec. 38.260.130. - Floor height. ..................................................................................................................2-117
Sec. 38.260.140. - Windows. .......................................................................................................................2-121
Sec. 38.260.150. - Entrances. .....................................................................................................................2-128
Sec. 38.260.160. - Supplemental standards. ..........................................................................................2-133
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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 Mixed Use Low-Medium
R-C Residential Mixed Use Medium
R-D Residential Mixed Use High
COMMERCIAL AND MIXED-USE DISTRICTS
B-1 Local Service Mixed Use
B-2 Community Business
B-2M Community Mixed Use
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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:
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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 10 % 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.
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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 Mixed Use-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
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ARTICLE 2 - ZONING DISTRICTS
RESIDENTIAL DISTRICTS
C. R-C Residential Mixed Use-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 Mixed Use-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.
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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 6 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 Not allowed
Side street setback Not allowed
Side setback Not allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
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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
Ground story (min)n/a n/a
Upper story (min)n/a n/a
g Blank wall width (max)n/a n/a
6. Entrances Sec. 38.260.150
h Street-facing entry spacing (max)Encouraged but not required
Entry feature Encouraged but not required
Options Encouraged but not required
ARTICLE 2 - ZONING DISTRICTS
R-A [RESIDENTIAL-A]
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sEC. 38.210.030. - R-B [RESIDENTIAL MIXED USE-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 8 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 Not allowed
Side street setback Not allowed
Side setback Not allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
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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 MIXED USE-B]
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sEC. 38.210.040. - R-C [RESIDENTIAL MIXED USE-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 10 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 Not allowed
Side street setback Not allowed
Side setback Not allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
429
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 MIXED USE-C]
430
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 20252-14 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
sEC. 38.210.050. - R-D [RESIDENTIAL MIXED USE-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 14 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
431
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 MIXED USE-D]
432
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 20252-16 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA 433
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
434
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 ensure new construction respects the
historic character of the area, building height
at the sidewalk may not exceed the 45-foot
wall plate. Any additional height, up to the
maximum allowed, must be stepped back.
ARTICLE 2 - ZONING DISTRICTS
COMMERCIAL & MIXED USE DISTRICTS
435
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 envisioned as an
eclectic, vibrant mixed-use neighborhood
that honors its historic roots in light
industrial, manufacturing, and residential
uses. It also welcomes the thoughtful
integration of new housing and
neighborhood-scale artisan, retail, service,
and other commercial uses.
2. The adaptive reuse of existing buildings,
including context-sensitive new
construction, fosters active street frontages
that encourage social interaction through
public art, public plazas, and open spaces.
436
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
437
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 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 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]
438
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
439
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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)12'
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]
440
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
441
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 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 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]
442
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
443
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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)70'
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 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 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]
444
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
445
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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]
446
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 14 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
447
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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]
448
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
449
ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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 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 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]
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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 8 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 Not allowed
Side street setback Not allowed
Side setback Not allowed
Rear/alley setback Allowed
ARTICLE 2 - ZONING DISTRICTS
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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]
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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]
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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)12'
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]
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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.
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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.
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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
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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 80'
All other land use designations 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)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]
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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
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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]
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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
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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]
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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.
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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;
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(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. 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
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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:
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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
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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.
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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.
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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.
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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 10 %
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.
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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.
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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.
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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.
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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
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(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
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(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.
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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.
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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
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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.
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(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.
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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.
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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.
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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.
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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:
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(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
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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 percent in the amount of permitted residential or non-
residential lot coverage;
(5) A change of less than five percent in the minimum or maximum number of parking
spaces required or permitted;
(6) A change of less than five percent in the maximum permitted height of any building; and
(7) A change in any numerical building design standard by up to five percent.
(8) An increase or decrease of less than five percent 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 10 % 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
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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.
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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 percent, does not increase the number of residential dwelling units
by more than five percent and does not exceed the amount of any density bonus approved
with the preliminary plan;
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.
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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 percent in the approved number of residential dwelling units;
(3) An increase of less than five percent 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 percent without increasing the density by
more than five percent. 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 10 % 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.
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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.
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.
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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
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.
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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 individual 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
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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.
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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.
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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.
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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.
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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 or 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.
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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.
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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 onsite.
(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.
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(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.
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(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.
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b. Commercial-only sites
(1) An area equal to at least two percent 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.
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(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 percent
of the facade between 30 inches and 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.
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(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 percent of the development envelope.
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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.
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(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.
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.
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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 and designations of applicable lot lines are in
38.260.010.
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 10 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.
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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.
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(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 38.260.080.
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.
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b. Residential Districts
Table 38.260.060-1. Residential Districts
ALLOWED ENCROACHMENT
Primary St. / Side St. Setback SideSetback RearSetback AlleySetback
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
c. Nonresidential Districts
Table 38.260.060-2. Nonresidential Districts
ALLOWED ENCROACHMENT
Primary St. / Side St. Setback SideSetback RearSetback AlleySetback
Architectural Details (max)1'0'0'1'
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)1'0'0'1'
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)1'0'0'1'
Unenclosed structures having a total structure height of 15 feet of greater. Examples: balconies, upper-story light shelves,
exterior stairways
Mechanical/Electrical Equipment (max)0'0'0'1'
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
For encroachments into the right-of-way, an encroachment permit must be obtained from the local or state street or road department having jurisdiction.
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d. 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.
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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 --------------2a --2a ----------
B-2 1b 1b 2b 2a ----------2a --1a ----------
B-2M 1b 1b 1a 2a ----------2a --1a ----------
B-3 1b 1b 1b 2b ----------2b --1a ----------
B-3C ----------------------------------
REMU
RES 1a 1a ------------------1a ----------
MX 1a 1a 2a 2a --------------1a ----------
NEHMU
RES 1a --------------------------------
MX 1a 1a 2a 2a ----------2a --1a ----------
B-P 1b 1b 2b 2a ----------2b --1a ----------
M-1 1b 1b 2a 2a ----------2a --1a ----------
M-2 1b 1b 2b 2b 2b 2b 2a 2b --2b 2b 1b 2b 2a ------
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
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3. Standards.
a. Type 1a. Height stepback.
Subject LotAbutting Lot
x
y
Table 38.260.070-2.
Type 1a Standards No Alley Alley
X Setback from lot line (min)10'5'
Y
Setback from lot line (min) - above max height of abutting district 22'13'
b. Type 1b. Height stepback with landscaping.
Subject LotAbutting Lot
x
y
Table 38.260.070-3.
Type 1b Standards No Alley Alley
X 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
Y Setback from lot line (min) - above max height of abutting district 22'13'
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c. Type 2a. Horizontal setback.
Subject LotAbutting Lot
x
Table 38.260.070-4.
Type 2a Standards No Alley Alley
X Setback from lot line (min)10'5'
d. Type 2b. Horizontal setback with landscaping.
Subject LotAbutting Lot
x
Table 38.260.070-5.
Type 2b Standards No Alley Alley
X 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
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e. Rules for Type 1a and Type 1b:
(1) Where a lot is adjacent to an R-A or R-B district, all setback distances must be increased
by 3 feet.
(2) For subject lots facing R-A and R-B districts, and fronting a right-of-way less than 60 feet
wide, the upper level of a building must be stepped back from the front property lines
according to the height stepback standard. Standard features within a street right-of-way
are described in the most recent edition of the City of Bozeman Modifications to the
Montana Public Works Standard Specifications - Standard Drawings.
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.
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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 width of the facade of the first building on 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.
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(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 the width of the building 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
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4. Measurement
a. The length of the building facade in the build-to zone, divided by the total width of the
building.
b. The required build-to is calculated separately along each street lot line where a build-to is
required.
Street
Max S
e
t
b
a
c
k
BUILD-
T
O
Z
O
N
E
Min S
e
t
b
a
c
k
A
B
CALCULATION
=Build-to(based on building width)
A (Building Facade in Build-to Zone)
B (Total Building Width)
Figure 38.260.080-4. Build-to - measurement.
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 - vehicle access exemption.
Street
Buildi
n
g
Facad
e
Buildi
n
g
F
a
c
a
d
e
Build-
t
o
Z
o
n
e
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5. Exceptions
a. 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.
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 W
i
d
t
hAllowe
d
b. The review authority may approve an alternative build-to requirement in an approved master
site plan.
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 may be granted to accommodate public open spaces, dining areas
associated with on-site restaurants, and other amenity spaces as specified in 38.260.040.B.
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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 driveways,
may have one parking space located on a driveway in the required primary street or side
street setback.
b. A driveway can be located in a required side setback, parking spaces cannot.
c. Driveway access 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
ways.
d. Parking spaces and driveways 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.
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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 a building
used to meet the build-to requirement and the street, when required by the zoning district.
Parking areas cannot be located closer to the street than the facade of the adjacent building
and in no case may be nearer than 10 feet to the right-of-way.
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.
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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.
Grade
PITCHED ROOF BUILDING FLAT ROOF BUILDING OTHER STRUCTURE
HeightHeightGrade GradeHeight
Figure 38.260.100-1. Height in Feet.
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ARTICLE 2 - ZONING DISTRICTS
(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.
+6’
height bonus
MaximumheightMaximum heightwith bonus
+6’
grade change
Figure 38.260.100-2. Height bonus.
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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'
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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.
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.
Dormer
FoundationGrade
Wall plate
height
Wall plate
height
Figure 38.260.100-3. Wall plate height.
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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.
Wall plateheight
Wall plateheight
Wall plateheight
Wall plateheight
Wall plateheight
Wall plateheight
Wall plateheight
Wall plateheight
c. For shed roofs, the measurement applies at the lowest two corners, and the roof form then
extends above this height. The side of a shed roof with the highest plate corners may not
exceed the zoning district’s maximum wall-plate height by more than 6 feet when located
within 15 feet of a property line.
d. Dormers located within the roof form above the wall plate cannot exceed more than 50% of
the width of the roof.
Up to 50% cumulatively
Roof Width Building Width
Dormer width Dormer widthDormer width
Figure 38.260.100-5. Maximum extent
of dormers.
Figure 38.260.100-4. Wall plate height from corners.
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5. Relief
a. Relief of up to 10% may be granted due to topographical issues, utility access, existing or
required easements, or preexisting natural features.
b. An additional 1 foot may be added to allowed wall plate height when the roofing systems uses
raised heel trusses meeting all building code requirements.
Dormer
FoundationGrade
Wall plate
height
Wall plate
height
Figure 38.260.100-6. Wall plate height relief.
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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.
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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
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5. Relief
a. Relief of up to 20% 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.
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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
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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.
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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:
(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.
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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.
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.
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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’
Active
Depth
(min)
StreetBoundaryLine
APPLICABLE
AccessoryStructure
StreetBoundaryLine
NOT APPLICABLE
20’
No Ground StoryHabitableSpace
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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.
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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. Single-unit dwellings up to fourplexes, including townhomes and rowhomes, are exempt
from the 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
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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’
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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)
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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.
541
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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'
542
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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%
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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
a. Relief of up to 10% to a blank wall width dimensional standard may be granted due to
preexisting natural features.
b. Public or utility facilities where windows may compromise safe operations or security may be
granted relief from the window transparency and the window and door opening requirements
of this section.
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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
a. Street-facing entrance requirements apply to all ground story street-facing building facades
when specified in the zoning district.
b. Street-facing entrance requirements do not apply to buildings serving exclusively residential
uses with 24 or fewer dwelling units. Street-facing entrance requirements always apply to
non-residential or mixed-use buildings.
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.
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ARTICLE 2 - ZONING DISTRICTS
(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.
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
Entranc
e
Spacin
g
(max)
Entra
n
c
e
Spacing
(max)
Entranc
e
Spacin
g
(max)
No Entr
a
n
c
e
Spacin
g
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
a. Entry feature requirements apply when specified in the zoning district.
b. Entry feature requirements do not apply to buildings serving exclusively residential uses with
24 or fewer dwelling units. Entry feature requirements always apply to non-residential or
mixed-use buildings.
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ARTICLE 2 - ZONING DISTRICTS
3. Standards
a. General
(1) Required entry features must abut and provide direct access to a street-facing entrance.
(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.
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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
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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
549
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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.
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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.
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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
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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. ...............................................3-62
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. ...............................................................................3-64
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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.
E. 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.
F. 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.
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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
555
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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
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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
Essential services: Type I A*A*A*A*A*A*A*A*A*A*A*A*A*A*A*38.320.070.E
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
Home-based business A*A*A*A*A A A A A A A A A A —38.320.120.F
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
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
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
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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.
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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
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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.
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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.
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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 natural lighting,
heating, ventilation, and suitable fire protection and exits if used for living.
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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.
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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.
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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).
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(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.
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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) REMU: Minimum lot area of 500 square feet per person.
(6) All other districts: no minimum lot area per person.
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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 an assembly space 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 70 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.
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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.
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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.
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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.
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
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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 70 %
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.
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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.
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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.
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(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:
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(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.
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(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.
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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.
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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.
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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.
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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.
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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 10 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;
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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.
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3. NEHMU.
Limited to 3,000 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 square feet or less per individual tenant is a principal use. Retail per
individual tenant greater than 2,500 square feet 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.
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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 designed in conjunction with the other
standards of this chapter 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
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must contain provisions obligating the owner to redevelop the real property for a
specified use consistent with the provisions of this chapter and offering recourse to the
city if the redevelopment is not completed as determined by the city.
sec. 38.320.100. - 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
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proportionately smaller or larger number of livestock is consistent with the requirements of
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.
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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.
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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.
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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
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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.
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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 10 % 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.
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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
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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.
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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.
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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 10 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.
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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;
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(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 10 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.
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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.
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(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;
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(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
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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.
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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 land use plan 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
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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 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
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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.
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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.
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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.
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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. General
1. 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.
2. Incentives may be applied to dwellings:
a. In a residential-only development; or
b. 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.
B. 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 1,600 square feet
or less of livable square footage is exempt from a minimum on-site parking requirement but
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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. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer
attached homes that includes only dwellings of 1,600 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 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 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.
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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.
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.
j. Affordable housing developments in R-C are exempt from the maximum limit of 24 dwelling
units per building, see 38.210.40.
C. 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 1,600 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.
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d. For affordable housing developments in R-B, nine 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 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. 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.
f. Affordable housing developments in R-C are exempt from the maximum limit of 24 dwelling
units per building, see 38.210.40.
D. 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.
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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.
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 1,600 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-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.
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) 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.
g. Affordable housing developments in R-C are exempt from the maximum limit of 24 dwelling
units per building, see 38.210.40.
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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.
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.
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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.
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.
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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.
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.
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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
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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.
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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.
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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
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(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.
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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.
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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.
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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.
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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
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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.
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(c) Individual and shared drive accesses must be physically separated by means of a
landscaped area greater than or equal to 10 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.
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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.
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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
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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.
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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;
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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.
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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
maximum extent possible consistent with the other requirements of this chapter, 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.
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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).
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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.
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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 less than 300 feet in length
or more than 400 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 10 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.
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1. Setbacks adjacent to pedestrian rights-of-way less than 30 feet wide must be not less than 10
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.
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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 10 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.
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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 10
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 10 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
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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 10 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 be discharged to an agricultural water user facility
without written approval from the owner of the facility and corresponding stormwater
conveyance easements.
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
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the requirements of Montana Law or alternative requirements are agreed to in writing by all
applicable parties. The easements must be prepared as documents separate from a final plat but
may be referenced on a final plat.
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.
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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;
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(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 systems 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.
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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 10 % 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.
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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
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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.
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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.
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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:
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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.
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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. .............................................................................................................5-26
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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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Figure 38.510.060-4. Examples of how to screen roof-mounted mechanical
equipment.
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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.
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B. Nonresidential 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:
Storefronts and other buildings with non-residential uses on the ground level must incorporate a
human-scaled façade pattern. Each façade segment of 60 feet or less must include articulation
features as follows:
1. Required Features:
a. The following two articulation features must be included:
(1) Change in roofline per subsection E below.
(2) All applicable buildings must provide vertical building modulation of at least 2 feet in
depth, tied to a change in roofline per subsection F below or a change in building
material, siding style, or color.
2. Additional Features:
a. At least two of the following additional articulation features must also be included:
(1) Windows.
(2) Entries.
(3) Use of weather protection features.
(4) Use of structural expression.
(5) Change in building material or siding style.
(6) Articulation of a single building material through varying colors, textures, or incorporating
joints or an integrated trim pattern.
(7) Other design techniques that effectively reinforce a human-scaled pattern compatible
with the building's surrounding context.
(8) Providing vertical elements such as a trellis with plants, green wall, art element.
3. 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 or rear and side yards must incorporate at least two of the
articulation strategies listed in paragraph B.
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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 E below (required for multi-unit buildings in the R-C and R-D
districts).
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.
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8. Providing vertical building modulation if tied to a change in roofline modulation per subsection F
below or a change in building material, siding style, or color.
9. Other design techniques that effectively break up the massing at no more than 30-foot intervals.
10. Providing vertical elements such as a trellis with plants, green wall, and/or art element.
D.
Figure 38.520.040-2. Residential facade articulation examples.
Departure criteria associated with articulation standards.
Proposals must meet the purpose of the articulation standards. The following criteria will be
considered in determining whether the proposed articulation treatment meets that purpose:
1. The type and width of the proposed articulation treatment and the degree to which it achieves
the purpose of the standards, given the building's current and desired context (per Bozeman's
land use plan or applicable adopted subarea plan).
2. The zoning district in which the project is located and the level of flexibility appropriate to that
context.
a. R-A and R-B districts: Greater flexibility may be appropriate due to their lower-intensity
residential character, diverse housing forms, and typically smaller-scale development patterns.
b. R-C, R-D, REMU, and nonresidential districts: Flexibility is more limited due to expectations for
greater building intensity, more consistent street patterns, and higher design requirements.
3. The quality and compatibility of façade materials - including doors, windows, and other
architectural features - and their ability to add visual interest to the street from both a pedestrian
scale and more distant viewpoints.
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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 elements:
a. For flat roofs an extension of the parapet or a break in the parapet of at least two 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.
b. A pitched roofline segment(s) scaled appropriately to the facade.
c. A façade projection of at least one foot in depth, provided at the same location as the roofline
change described in (a) or (b) above.
d. To qualify as a modulation, the required treatment must include either (c) in combination with
(a) or (c) in combination with (b).
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.
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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:
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.
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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:
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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.
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3. Standards for the use of exterior insulation and finish system (EIFS).
Such material/finishes may be used as a decorative accent cladding material if it is incorporated
with other permitted materials and it complies with the following:
a. On buildings of three or more stories or 5,000 square feet in footprint or greater EIFS is
limited to no more than 25 % 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.
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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.
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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.
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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 evaluate 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 entrances 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.
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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
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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
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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
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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
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standards provided by the review authority. Unless otherwise approved, the perimeter curb must
be six-inch by six-inch concrete.
2. Alternative perimeter treatment may be permitted subject to the approval of the city engineer.
3. 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;
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;
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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:
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;
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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 10 % 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.
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.
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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.
(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.
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(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.
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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
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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.
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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.
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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.
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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
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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
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
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
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;
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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.
B. Bicycle parking required.
1. Bicycle parking must be provided in accordance with the following table.
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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%
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.
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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.
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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.;
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(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.
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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;
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 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
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
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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.
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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:
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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;
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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:
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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.
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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'
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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1. Freestanding signs.
a. Pole-style signs.
One pole-style sign per street frontage not to exceed 48 square feet in area or 16 feet in
height is permitted. The signage area computed for a pole-style sign may not be subtracted
from the maximum allowable wall signage permitted for the entire complex.
b. Low profile signs.
One low profile sign is permitted at each secondary entrance of the complex, provided each
sign may not exceed 32 square feet in area, nor five feet in height, and is set back a minimum
of five feet from the property lines. All low profile signs may only identify the complex and
must display the street number address in figures which are at least six inches high. Low
profile signs complying with these regulations will not be factored when calculating the
maximum permitted wall sign area.
2. Wall signs.
Each anchor tenant occupying 20,000 square feet or more is permitted 300 square feet of wall
signage. Each tenant with an exclusive outdoor customer entrance is permitted wall signage
square footage calculated from five percent of the ground floor area.
sec. 38.550.120. - 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.
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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
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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.
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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.
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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.
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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
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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.
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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).
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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.
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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.
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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
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
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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
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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;
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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.
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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:
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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.
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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
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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.
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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.
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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.
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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
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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;
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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;
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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.
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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;
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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.
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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.
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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;
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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.
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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:
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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
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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:
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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;
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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;
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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;
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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
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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.
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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.
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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.
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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;
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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.
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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.
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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;
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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;
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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 25 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;
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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:
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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
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ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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
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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.
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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
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(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.
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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.
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ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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. ................................................................................7-7
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
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ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 20257-2 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
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. .....................................7-21
Sec. 38.710.060. - Final plat. .........................................................................................................................7-32
Sec. 38.710.070. - Site plan submittal requirements. ..............................................................................7-35
Sec. 38.710.080. - Certificates of appropriateness. ..................................................................................7-41
Sec. 38.710.090. - Submittal requirements for landscape and irrigation plans. ................................7-42
Sec. 38.710.100. - Sketch plan submittal requirements. ........................................................................7-44
Sec. 38.710.110. - Planned development zone general plan and final plan submittal requirements ....
7-45
Sec. 38.710.120. - Submittal materials for review of activities in or adjacent to wetlands and water-
courses. .............................................................................................................................................................7-46
Sec. 38.710.130. - Submittal materials for appeals of administrative project decisions. .................7-49
Sec. 38.710.140. - Administrative interpretation or decision appeals. .................................................7-49
Sec. 38.710.150. - Submittal materials for variances. ..............................................................................7-50
Sec. 38.710.160. - Submittal materials for telecommunications. .........................................................7-50
Sec. 38.710.170. - Submittal materials for regulated flood hazard areas. ...........................................7-53
Sec. 38.710.180. - Submittal materials for text or map amendments. ................................................7-53
Sec. 38.710.190. - Submittal materials for concept plans. .....................................................................7-53
DIVISION 38.720. - SUPPLEMENTARY DOCUMENTS ............................................................7-56
Sec. 38.720.010. - General. ...........................................................................................................................7-56
Sec. 38.720.020. - Property owners' association. ....................................................................................7-56
Sec. 38.720.030. - Covenants. ......................................................................................................................7-57
DIVISION 38.730. - NOTICING. ..................................................................................................7-60
Sec. 38.730.010. - Contents of notice. ......................................................................................................7-60
Sec. 38.730.020. - Notice requirements for application processing. ..................................................7-60
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ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 2025 7-3 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.740. - PLAN REVIEW .............................................................................................7-63
Sec. 38.740.010. - Introduction. ..................................................................................................................7-63
Sec. 38.740.020. - Classification of plans. .................................................................................................7-63
Sec. 38.740.030. - Special development proposals—Additional application requirements, review
procedures and review criteria. ...................................................................................................................7-64
Sec. 38.740.040. - Application of plan review procedures. ...................................................................7-65
Sec. 38.740.050. - Special temporary use permit. ...................................................................................7-66
Sec. 38.740.060. - Sketch plan review. ......................................................................................................7-67
Sec. 38.740.070. - Certificates of appropriateness—Additional review procedures and review crite-
ria. .......................................................................................................................................................................7-68
Sec. 38.740.080. - Plan review procedures. .............................................................................................7-69
Sec. 38.740.090. - Plan review decision and record. ...............................................................................7-71
Sec. 38.740.100. - Special use permit. ........................................................................................................7-74
Sec. 38.740.110. - Final plan. ........................................................................................................................7-76
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. ............................7-78
Sec. 38.740.130. - Building permits based upon approved sketch or site plans. ..............................7-79
Sec. 38.740.140. - Appeals. ...........................................................................................................................7-79
DIVISION 38.750. - SUBDIVISION PROCEDURES ...................................................................7-80
Sec. 38.750.010. - Transfers of title. ............................................................................................................7-80
Sec. 38.750.020. - Effect of recording complying plat. ..........................................................................7-80
Sec. 38.750.030. - Correction of errors, amendments or vacation of recorded final plats. ..........7-80
Sec. 38.750.040. - General review procedure. .........................................................................................7-80
Sec. 38.750.050. - Pre-application plan review. ......................................................................................7-80
Sec. 38.750.060. - Concurrent Montana Land Use Planning Act and Sanitation and Subdivision Act
review. ................................................................................................................................................................7-81
Sec. 38.750.070. - Preliminary plat review. ...............................................................................................7-82
Sec. 38.750.080. - Subdivision notice and public comment. ...............................................................7-83
Sec. 38.750.090. - Decision. ........................................................................................................................7-84
Sec. 38.750.100. - Duration of approval. ...................................................................................................7-86
Sec. 38.750.110. - Notice of certification that water and waste services will be provided by local
government. .....................................................................................................................................................7-86
Sec. 38.750.120. - Final plat. .........................................................................................................................7-87
Sec. 38.750.130. - Changes to filed subdivision plats. ............................................................................7-90
Sec. 38.750.140. - Subdivision exemptions. ..............................................................................................7-90
Sec. 38.750.150. - Subdivision certificates. ...............................................................................................7-95
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ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 20257-4 UNIFIED DEVELOPMENT CODE | BOZEMAN, MONTANA
DIVISION 38.760. - APPEALS, DEVIATIONS, DEPARTURES AND VARIANCE PROCEDURES ...
7-104
Sec. 38.760.010. - Purpose and review authority. .................................................................................7-104
Sec. 38.760.020. - Meeting and notice requirements. .........................................................................7-104
Sec. 38.760.030. - Appeals. ........................................................................................................................7-104
Sec. 38.760.040. - Administrative Deviations. ........................................................................................7-106
Sec. 38.760.050. - Departures. ..................................................................................................................7-106
Sec. 38.760.060. - Variances. .....................................................................................................................7-106
Sec. 38.760.070. - Reasonable accommodation. ..................................................................................7-108
DIVISION 38.770. - TEXT AND ZONING MAP AMENDMENTS .............................................7-113
Sec. 38.770.010. - Initiation of amendments. ..........................................................................................7-113
Sec. 38.770.020. - Amendments; investigation requirements. ............................................................7-114
Sec. 38.770.030. - Public hearing procedures and requirements. ......................................................7-115
DIVISION 38.780. - IMPROVEMENTS AND SECURITIES ......................................................7-116
Sec. 38.780.010. - Purpose and applicability. ..........................................................................................7-116
Sec. 38.780.020. - Standards for improvements. ...................................................................................7-117
Sec. 38.780.030. - Completion of improvements. .................................................................................7-119
Sec. 38.780.040. - Special provisions for timing of certain improvements. ....................................7-123
Sec. 38.780.050. - Acceptance of improvements. ................................................................................7-124
Sec. 38.780.060. - Improvements agreements. ......................................................................................7-125
Sec. 38.780.070. - Payment for extension of capital facilities. ...........................................................7-128
Sec. 38.780.080. - Types of acceptable securities. ...............................................................................7-130
Sec. 38.780.090. - Development or maintenance of common areas and facilities by developer or
property owners' association. .....................................................................................................................7-131
Sec. 38.780.100. - Warranty. .......................................................................................................................7-133
DIVISION 38.790. - NONCONFORMING SITUATIONS .......................................................7-134
Sec. 38.790.010. - Nonconforming uses. ................................................................................................7-134
Sec. 38.790.020. - Changes to or expansions of nonconforming uses. ..........................................7-134
Sec. 38.790.030. - Nonconforming area and bulk requirements for existing lots. .........................7-135
Sec. 38.790.040. - Nonconforming structures. .....................................................................................7-136
Sec. 38.790.050. - Changes to or expansions of nonconforming structures. ................................7-136
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ORD. 2151 ADOPTION DRAFT | DECEMBER 16, 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;
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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;
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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.
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.
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
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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.
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.
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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
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
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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.
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.
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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 for violations of this chapter the
following minimum civil penalties apply.
1. Each day a violation continues is 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 minimum 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 be
fined or imprisoned or both, in accordance with state law regarding subdivision and zoning, or
1.01.210, and in addition may be ordered to pay all costs and expenses involved in the case. Each day
a violation continues is a separate offense and punishable as such.
1. 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.
2. The code compliance officer is authorized to issue a municipal infraction or a notice to appear
under the provisions of MCA 46-6-310 to any violator of this chapter.
C. The owner or tenant of any building, structure, premises or part thereof, and any architect, builder,
contractor, agent or other person who commits, participates in, assists or maintains such violation
may each be found guilty of a separate offense and suffer the penalties herein provided.
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D. 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.
E. 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 the violation
is 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.
F. The city may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any provision of this chapter.
G. Nothing herein contained prevents the city from taking such other lawful action as is necessary to
prevent or remedy any violation.
H. 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
expertise, and may testify before any board, commission or other body upon the subjects for which
they have responsibility.
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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.
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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:
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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,
(8) Rock outcrops, and
(9) Areas of active faults.
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.
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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;
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(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.
d. Map the location of all mature trees with a diameter at breast height greater than 6 inches,
including species and size in the key.
e. 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.
a. Describe how the proposed subdivision intends to satisfy 38.410.110.
b. 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.
c. Indicate whether any of the element listed in 38.410.110.B are applicable.
d. Describe any water efficiency and conservation offsets that will be implemented.
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e. Identify the lots for which a payment of cash in lieu of water rights will occur and the lots for
which a deferral will be sought.
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.
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.
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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.
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.
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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).
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 percent.
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.
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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.
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.
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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
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
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(4) The developer must provide any special design methods planned to overcome the above
limitations.
e. Cuts and fills.
Describe the location and amount of any cut or fill three or more feet in depth. These cuts
and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are necessary,
describe any plans to prevent erosion and to promote revegetation such as replacement of
topsoil and grading.
5. Vegetation.
a. Vegetation map.
On a plat overlay 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 habitat as defined by
the US Fish and Wildlife Service, 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.
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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;
(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.
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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.
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.
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(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
(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 this paragraph 38.710.050.A.11.g.2.
(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
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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
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).
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(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
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.
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(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;
(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;
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(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;
(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.
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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
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. Submittal Requirements for Water rights.
a. Describe how the proposed subdivision intends to satisfy 38.410.110.
b. Provide documentation of all water rights appurtenant to or in use upon associated with the
property with the proposed subdivision. Documentation must include:
(1) A description of the research methods used to identify the water rights appurtenant
to or in use upon associated with the property. The applicant must provide a written
certification if no water rights are appurtenant to or associated with the property.
(2) Current Official water rights abstracts and share or stock certificates.
(3) All adopted Master’s Reports or closing orders issued by the Montana Water Court.
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(4) Title information establishing water right ownership. For water rights in divided split
ownership describe the percent ownership interest attributable to the property.
(5) Maps showing the water rights points of diversion and the means of conveyance for the
delivery of water to the subject property.
(6) Evidence clearly establishing and quantifying all beneficial use of water appurtenant to or
associated with the property the water rights within the prior 5 year period.
(7) Any additional information that is reasonably e and necessary and is requested by for
the City to determine if the water rights are useful for City purposes pursuant to Section
38.410.110.D.1.
c. DNRC approval for any proposed appropriation or proposed use of water subject to MCA 85-
2-306 or MCA 85-2-402 for which DNRC approval is required prior to beneficial use.
d. Indicate whether any of the items in 38.410.110.B are applicable.
e. Describe any water efficiency and conservation offsets that will be implemented.
f. Identify the lots for which a payment of cash in lieu of water rights will occur and the lots for
which a deferral will be sought.
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.
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.
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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
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:
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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;
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
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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;
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
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f. A statement signed by the owner of the proposed development of their commitment 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;
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;
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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:
(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;
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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.
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:
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(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 38.710.050.A.11, 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
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-
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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;
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;
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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.
19. The information related to water adequacy required by 38.710.050.A.19, unless the information
was previously provided through a subdivision review process and the proposed development
does not generate more demand than addressed during the subdivision review.
a. At the discretion of the Director of Utilities, updated information will be required if previous
approvals or determination of no impact are more than 5 years old.
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
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;
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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.
B. Preparation of landscape plan.
Landscape plans must be signed by one of the following qualified landscape professionals:
1. A state-registered landscape architect;
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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;
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);
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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
submitted with an application for a building permit unless a waiver of certification in whole or part is
explicitly approved by the review authority.
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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;
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.
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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);
(6) Maps that depict property boundaries, watercourse centerlines, ordinary high-water
marks delineated in accordance with the procedures specified in the current version
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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.
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(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.
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(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;
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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.
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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
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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.
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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.
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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;
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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.
16. The information related to water adequacy required by 38.710.030.A.14, unless the information
was previously provided through a subdivision review process and the proposed development
does not generate more demand than addressed during the subdivision review.
a. At the discretion of the Director of Utilities, updated information will be required if previous
approvals or determination of no impact are more than 5 years old.
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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.
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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
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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.
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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.
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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.
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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.
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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
Demolition of a historic structure 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
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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:
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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.
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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.
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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;
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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 a single-unit dwelling or two-unit 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.
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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.
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sec. 38.740.080. - Plan review procedures.
A. Conceptual review.
1. Conceptual review:
a. Purpose. Conceptual review is an opportunity for an applicant to review the 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. 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, 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.
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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.
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
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.
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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.
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 decision and record.
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
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.
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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;
(3) Loading and unloading areas;
b. Community design and element provisions (38.410), notably:
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(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:
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
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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;
e. Time period within which the proposed use must be developed;
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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.
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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 commitment 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. No later than six months after the date of the review authority 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 commitment
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;
3. Phasing of the development and the ability for existing development to operate without the
delayed development;
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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 two years of final 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 two years of final 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
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.
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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.
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
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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.
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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.
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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.
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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 complete 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 38.750.080 may be provided to the public to advise of the pause or to
advise of the restart of the review process.
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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 complete 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.
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.
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.
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
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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.
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.
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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 appealed 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 or design 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.
3. Any changes to an approved preliminary plat that increases the number of lots or redesigns or
rearranges six or more lots is subject to process requirements of 76-25-408(15).
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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
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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.
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(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).
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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.
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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.
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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
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;
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(c) If a boundary line will be completely eliminated, the certificate must establish the
boundary of the resulting tract of record; and
(d) The certificate of survey must contain the following notation: "The area that is being
removed from one tract of record and joined with another tract of record is not itself
a tract of record. Said area must not be available as a reference legal description in
any subsequent real property transfer after the initial transfer associated with the
[certificate of survey or amended plat] on which said area is described, unless said
area is included with or excluded from adjoining tracts of record."
(5) 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.
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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:
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(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.
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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,
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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)
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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
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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)
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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.
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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.
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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 _______, _______.
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(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
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).
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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;
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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.
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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:
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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.
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.
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4. A subdivision regulation is in substantial compliance with the zoning regulations.
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.
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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.
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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.
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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.
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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
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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.
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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
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(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;
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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.
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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.
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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.
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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
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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
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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
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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.
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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;
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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
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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.
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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.
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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.
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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. The maintenance and reconstruction of existing nonconforming residential dwelling units is
allowed in commercial and industrial zones, 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.
2. Lawful non-conforming dwelling units in residential or mixed-use zoning districts may be
continued, revised, reconstructed, or replaced to maintain the same number of dwellings and
configuration on the lot consistent with all standards except for the number of dwellings per
building to maintain needed housing in the community and conform with standards to maintain
number of dwellings.
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.
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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 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.
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Figure 38.790.050-1. Clarifying acceptable and unacceptable examples of
expanding nonconforming structures.
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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
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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
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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.
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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 percent 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
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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 percent 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 percent 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.
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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.
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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:
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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:
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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)
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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
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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.
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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).
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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.
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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.
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Flood of 100-year frequency. A flood magnitude that has a one percent 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
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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
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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.
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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.
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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
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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.
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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
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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 10 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.
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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.
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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 percent 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.
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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.
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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.
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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
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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.
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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.
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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
high water mark 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.
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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,
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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 corner site. A residentially zoned lot with at least two street lot lines which intersect or a lot found
at the internal curve of a street and having a primary street lot line of at least 75 feet.
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
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intra-area travel, such as between central business districts and outlying residential areas, and
between major suburban centers, are served by major arterials.
b. Minor arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes travel to smaller geographic areas. With an emphasis
on traffic mobility, this street network includes all arterials not classified as principal arterials
while providing access to adjacent lands. Minor arterials typically carry 5,000 to 15,000
vehicles per day.
3. Collector. A street or road that provides equal priority to the movement of traffic, and to the
access of residential, business and industrial areas. This type of roadway differs from those
of the arterial system in that the facilities on the collector system may traverse residential
neighborhoods. The system distributes trips from the arterials to ultimate destinations. The
collector streets also collect traffic from local streets in the residential neighborhoods, channeling
it into the arterial system. Collectors typically carry 2,000 to 10,000 vehicles per day. Collector
streets are typically designated in the city transportation plan, however, additional streets may be
designated as collectors by the review authority specified in 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
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area, regardless of its size, that provides or will provide multiple spaces for rent or lease on which
recreational camping vehicles or mobile homes will be placed.
Subdivision 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 compliance. Substantial compliance has the meaning assigned in 76-25-103.
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.
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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.
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.
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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.
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.
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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.
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. 961
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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.
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.
962
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Vantor
Ordinance 2151
Zoning Map
Proposed Future
Zoning 2025
RD (R-5) Residential
High
RC (R-4)Residential
Medium
RB (R-3) ResidentialMedium-Low
RA (R-S, R-1, R-2)
Residential Low
PLI Public Lands and
Institutions
B-1 NeighborhoodMixed Use
B-2 Community
Business
B-2M Community
Mixed Use
B-3 Downtown Mixed
Use
B-3C Downtown
Mixed Use Core
BP Business Park
REMU Residential
Emphasis Mixed Use
M-1 Light
Manufacturing
M-2 Manufacturingand Industrial
R-MH Residential
Manufactured Home
NEHMU Northeast
Historic Mixed-Use
PDZ PlannedDevelopment Zone
Neighborhood
Conservation Overlay
District (NCOD)
0 1 20.5
Miles¯
Date Exported: 12/8/2025 10:16 AMDefault Folder: Z:\Planning\Zone Map Update\2023 Zone Map Update
Effective Date February 1st, 2026
963
Page 1 of 2
City Commission revisions to the Unified Development Code,
Chapter 38 BMC
The City Commission directed on December 2nd the following changes be implemented in the final
draft of the UDC and on the zoning map. Items provided in the packet have a hyperlink. Non-
hyperlinked items were identified as changes by the City Commission.
Section
Number
Modified Subject
38.220.020
38.220.030
38.220.040
38.220.050
38.220.070
38.220.080
Reduction in minimum ground floor height B1, B2, B2M, B3, REMU and NEHMU zoning
districts from 15 to 12 feet
38.210.020
Revision to minimum residential density in the RA zoning district to be 6 du per net
acre
38.210.020.B.5
Remove references to required percentage applicability for minimum area of windows
in the RA district to coordinate with edit to 38.260.140.A.2.b below.
38.210.030
38.210.040
38.210.050
38.220.070
38.220.080
Revision to minimum residential density in the RB, RC, RD, REMU, and NEHMU zoning
districts
38.220.050.B.1
Reduce B-3 District maximum height from 90 feet to 70 feet.
38.260.100 Revision to wall plate height standard to address shed roof configurations
38.260.070
Transition standards to match transition step backs to heights of adjacent districts and
revised applicable type of transition at specific zone edge boundaries.
38.260.080
Revise the method of calculation for determining how a building must meet build-to
requirements identified in each zoning district, so the calculation evaluates the building
to be constructed and not the width of the parcel adjacent to the street.
38.260.090
Coordinate where parking locations in driveways are allowed with the standards for
districts RA through RD and where driveways are placed to continue existing
allowances for parking location. Coordinate parking placement with build-to
requirements in 38.260.080. Districts RA through RD will have the same edits.
38.260.140.A.
2.b
Revise the applicability of standards for windows to remove the reference to
manufactured homes in paragraph A.2.b to comply with state law; and replace with a
general standard exempting single dwelling through fourplex including townhomes and
rowhomes from the windows standard.
38.210
38.260.150 Revise 38.210.020 B.6 Entrances to show “Encouraged but not required”
964
Page 2 of 2
Section
Number
Modified Subject
Keep 38.260.150 text but revise A.2 and B.2 so that the section does not apply to
residential only buildings with 24 or fewer dwellings. Section does apply to all non-
residential or mixed-use buildings.
38.320.040.B.7 Standards for assembly area requirements for fraternities and sororities
38.340.040
Revise Type A, B, and C incentives for town home and rowhouse clusters so the size
limitation changes from 1,200 to 1,600 sq. ft.
38.340.040
Remove limitation on number of homes in single structure in RC district as affordable
housing incentive
38.410.010.B
The design and development of all land uses must be properly related to topography,
and must, to the maximum extent possible consistent with the other requirements of
this chapter, preserve the natural terrain, natural drainage, exisƟng topsoil, trees and
other exisƟng vegetaƟon.”
38.410.060.D.
3
Revise limitations on the discharge of stormwater to agricultural water user facilities to
continue language now in existing code that requires written consent.
38.520.040
Building massing and articulation to increase minimum components of vertical and
horizontal articulation and revise departure criteria.
38.730.020-1
Add “demolition of historic structure” to the list of Non-ministerial land use permits,
with a notice method requirement to post on site to coordinate with code language in
38.240 and existing practice for notice.
38.740.060
Sketch plan review process allowed development types
b. Adding a single-unit dwelling or two-unit dwelling duplex on an infill site.
Map Change Location and Change
1 East of Willson Ave, Curtiss St north to B3 boundary, change from RA to RC to
restore initial zoning.
2 Hemlock and N 5th, Tamarack to Hemlock R5 to REMU, and Hemlock to Oak R5 to
B2M
3 College and S 23rd, B2M to PLI for three parcels between College St and Analysis
Drive
4 Greek Way and S 3rd, RB to PLI for one parcel at NW corner
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21381 Staff Report for the Repeal and Replacement of the Unified
Development Code, Chapter 38 Bozeman Municipal Code
Public Hearings:
Community Development – November 3 and 17, 2025
City Commission – December 2, 2025
Project Description: Repeal and replace, Chapter 38, Unified Development Code, of the
Bozeman Municipal Code and associated zoning map. See Appendix A for the
detailed description.
Project Location: Applies to the entire city.
Recommendation: Meets applicable criteria for approval.
Community Development Board main motion wording: Having reviewed and considered
the staff report, draft ordinance, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 21381 and
move to recommend adoption of Ordinance 2151 with revisions as recommended by
Staff.
City Commission suggested motion wording: Having reviewed and considered the staff
report, draft ordinance, public comment, recommendation of the Community
Development Board, and all information presented, I hereby adopt the findings
presented in the staff report for application 21381 and move to provisionally adopt
Ordinance 2151.
Report: November 20, 2025
Staff Contact: Chris Saunders, Community Development Manager
Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the proposed regulations text and map, and public comment received
to date.
Unresolved Issues
Adoption of zoning and subdivision standards involves development, interpretation, and
applications of policy. During the public review desirable modifications to the text or map
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may be identified. The Staff and Community Development Board recommended several
revisions for consideration by the City Commission.
Attached with this report is an updated version of the draft text incorporating editorial and
other minor corrections. Draft text and map and other supporting information is available at
the project website and through the Commission packet materials including links to
documents. Included with this material are markups of specific portions of the draft text
showing substantive revisions recommended by the Community Development Board. The
Commission may choose to incorporate the sections as recommended, amend them further,
or decline to include them in the final draft.
Project Summary
This project repeals the entirety of Chapter 38, Unified Development Code, and the
associated zoning map. Full details on the project are available at the project website,
engage.bozeman.net/udc.
The draft text and map were updated after the Community Development Board hearings. The
initial public review draft released on September 19, 2025, and the updated draft released on
November 11, 2020, as well as associated zoning map are available in Laserfiche. Located in
the same folder are listings of the changes and proposed further revisions recommended by
the Community Development Board.
The nature and scope of this change was directly communicated in public hearing notices.
The project establishes a new Chapter 38 to adopt zoning and subdivision processes and
standards, including a new zoning map, in compliance with the requirements of the Montana
Land Use Planning Act. The City has regularly replaced its zoning since first adopting
zoning in 1935. As the community changes the regulations need to keep pace, and
approximately 650 text and map amendments or replacements have occurred since 1935.
The new text and map continue the implementation of the City’s adopted land use plan,
housing plan, climate action plan, and other issue and neighborhood plans. The housing plan
and climate action plan were adopted in 2020 and implementation has been ongoing. The
land use plan was initially adopted in 2020 and was updated for technical compliance with
revised state laws in fall of 2025. Improvements to the regulations for user convenience such
as increased graphics, simplified language, and document reorganization are also included.
The 2023 Legislature adopted a new legal framework for land use planning and regulation
that applies to Bozeman and completely replaces the laws that governed earlier regulations.
Bozeman must update and replace its regulations to comply with the new Montana Land Use
Planning Act (MLUPA). This is being completed along with the UDC updates referenced
above which have been underway since 2022. Bozeman’s land use plan and supporting issue
plans address how the City of Bozeman intends to grow, the impacts of development and
various ways to mitigate impacts of additional development.
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Per Title 76, Chapter 25, Part 3 and 4, implementing regulations for zoning and subdivision
need to be in substantial compliance with the adopted land use plan. Therefore, the applicable
criteria of review are those set in MLUPA. Evaluation of the proposed regulations against the
MLUPA criteria of adoption is provided in this report.
This work continues implementation of a review of municipal standards for housing
construction completed in 2021. The City Commission gave direction to start this code
replacement process by adoption of Resolution 5368 and confirmed by approval of a contract
with Code Studio to prepare the replacement text in June 2022.
See Appendix A of this report for additional background information on this project.
Information on the past activities and progress of the project is available at
engage.bozeman.net/udc, the project website.
Strategic Plan Implementation
4.1 Informed Conversation on Growth - Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner.
4.2 High Quality Urban Approach - Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban approaches
to issues such as multimodal transportation, infill, density, connected trails and parks, and
walkable neighborhoods.
4.5 Housing and Transportation Choices - Vigorously encourage, through a wide
variety of actions, the development of sustainable and lasting housing options for
underserved individuals and families and improve mobility options that accommodate all
travel modes.
7.3 Best Practices, Creativity & Foresight- Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant to the
governance of the City. Be also adaptable and flexible with an outward focus on the
customer and an external understanding of the issues as others may see them.
Advisory Boards
Several advisory boards have areas of responsibility affected by the new regulations. Each
board was provided with an orientation on the code update process and provided multiple
opportunities to submit comments and recommendations which were incorporated into the
draft text as deemed appropriate. Contact with the boards was made at the beginning of the
project and repeated throughout the project.
The Community Development Board (CDB) is the advisory board assigned by law to offer a
recommendation on the draft text and map to the City Commission. The CDB has been
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engaged throughout the entire process of the code update conducting many work sessions,
participating in public outreach; and will conduct a formal public hearing beginning on
November 3rd prior to making their recommendation. They may suggest alternate language in
the text or revisions in the map. The City Commission will carefully consider their
recommendations before making a decision on the draft text or map.
Staff Recommendations
Staff has continued evaluation of the proposed text and zoning map and public comment
during the public notice period. Staff has identified clarifications, typographic corrections,
graphical improvements, and corrections to references. A list of these items calling out the
section number, page number, and recommended change is attached with this staff report.
Community Development Board
The Board began its public hearing and formal review on November 3rd, twenty-one persons
offered oral comments.
After the public hearing comment period closed, the Board considered the written and oral
public comment, the draft text and map, staff analysis, and the criteria established in state law
and presented in this staff report for adoption of zoning and subdivision regulations.
The Board made and seconded a motion to approve the draft text and zoning map. The Board
made and passed 15 amending motions to the main motion to amend the text and zoning
map. The motions and content are identified in the summary documents [external link]
presented along with draft text and map. After concluding discussion and amending motions,
the Board passed the main motion to recommend approval.
Video recording [external link] and packet of the November 3rd hearing.
Video recording [external link] and packet of the November 17th hearing.
City Commission
In preparation for the public hearing on the repeal and replacement of Chapter 38, the City
Commission held two work sessions to review content of the document and zoning map; and
to receive the recommendations of the Community Development Board.
Video recording [external link] and packet of the November 10th work session. Begins at
minute mark 37:00 in the recording.
Video recording [external link] and packet of the November 18th work session. Begins at
minute mark 34:15 in the recording.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 2
Strategic Plan Implementation ............................................................................................ 3
Advisory Boards ................................................................................................................. 3
Staff Recommendations ...................................................................................................... 4
Community Development Board ........................................................................................ 4
City Commission ................................................................................................................ 4
SECTION 1 - RECOMMENDATIONS AND FUTURE ACTIONS ...................................... 6
SECTION 2 - MAP SERIES .................................................................................................... 7
SECTION 3 -MONTANA LAND USE PLANNING ACT STAFF ANALYSIS AND
FINDINGS REGARDING STATE CRITERIA FOR ZONING AND SUBDIVISION
REGULATIONS....................................................................................................................... 9
Zoning Criteria – MLUPA 76-25-304(2)(c) ....................................................................... 9
Zoning Criteria – MLUPA 76-25-304(5)(d) ..................................................................... 44
Subdivision Criteria – MLUPA 76-25-403....................................................................... 44
SECTION 4 – FUTURE LAND USE MAP CORRELATION WITH ZONING .................. 48
SECTION 5 - IMPLEMENTATION...................................................................................... 51
APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 52
APPENDIX B - ADOPTED PLANS & RESOURCES ......................................................... 56
APPENDIX C - NOTICING AND PUBLIC COMMENT .................................................... 57
APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF .................... 59
FISCAL EFFECTS ................................................................................................................. 59
ATTACHMENTS ................................................................................................................... 59
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SECTION 1 - RECOMMENDATIONS AND FUTURE ACTIONS
Having considered the criteria established for adoption of zoning and subdivision regulations, the
Staff finds the proposed regulations and zoning map meet the criteria for approval as proposed.
The Community Development Board in their capacity as the Planning Commission held a public
hearing beginning on November 3, 2025, at 6 pm. The hearing continued to November 17, 2025.
The Board completed their review and recommended adoption and potential revisions at their
Nov. 17th meeting.
The City Commission is scheduled to hold a public hearing on the new regulations on December
2, 2025, at 6:00 p.m.
Project Logo – click on the image to go to the project website.
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SECTION 2 - MAP SERIES
The future land use map may be seen in greater detail through the Community Development
web viewer.
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The proposed map may be reviewed online and compared with the existing zoning map. The
online map may be zoomed in to individual areas and seen in greater detail. Additional
details are provided on this map for locations of historic districts which will not be included
on the final zoning map for adoption.
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SECTION 3 -MONTANA LAND USE PLANNING ACT STAFF ANALYSIS
AND FINDINGS REGARDING STATE CRITERIA FOR ZONING AND
SUBDIVISION REGULATIONS
The Montana Land Use Planning Act, Title 76 Chapter 25 MCA, entirely replaces the criteria
for adopting or amendment zoning and subdivision regulations. Some elements such as
compliance with planning documents (land use and issue plans) continue. Most previous
criteria for approval of zoning or subdivision regulations are entirely deleted. This repeal and
replacement of Chapter 38 is a transition from the standards and criteria of Title 76 Chapters
2 and 3, MCA, to the new standards of MLUPA. Applicable criteria are established in 76-25-
304(2)(c)&(d) and (5)(d). The City’s choice of zoning standards is constrained by the
prohibitions of 76-25-303.
In considering map or text amendments for approval under this MLUPA, the advisory
boards and City Commission consider the following criteria. As the adoption of zoning and
subdivision regulations is a legislative action, the Commission has broad latitude to
determine a policy direction within the requirements of state law. The burden of proof that
the application should be approved lies with the applicant.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigate negative impacts are
incorporated throughout the entire municipal code but are principally in adopted land use
plan, issue plans, and Chapter 38, Unified Development Code.
Zoning Criteria – MLUPA 76-25-304(2)(c)
A. The zoning regulation and map as proposed or as amended would be in substantial
compliance with the land use plan.
Overall: Criterion is met.
The Bozeman Community Plan (BCP) technical compliance update was adopted by
resolution on October 28, 2025, after the required public process and participation. The BCP
addresses the existing conditions and needs for the future of the City. The BCP includes and
incorporates by reference in Appendix B many other documents addressing elements
required with a land use plan. Appendices as well as the main body of the BCP address state
required elements.
76-25-106(4)(c) “the final adopted land use plan, including amendments or updates to the
final adopted land use plan, comprises the basis for implementing land use regulations in
substantial compliance with the land use plan;”
The issue plans supporting the land use plan have individually been adopted after due public
process and are incorporated into the BCP by reference on page 18 and Appendix B. These
include the Community Housing Action Plan, Climate Action Plan, and numerous others.
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A land use plan provides a high-level vision of how a community plans to develop over time.
A land use plan is not a regulatory tool. However, it is the required basis for zoning and
subdivision processes and standards which are regulatory and have force of law. A land use
plan includes examination of current conditions, projections of future needs, analysis of
needed capital projects and other work necessary to meet projected future needs, and policies
to direct action. This material can be provided in a single or multiple documents. The state
also authorizes communities to adopt area plans to plan at a more localized level and greater
detail. The area plan is subordinate and must be consistent with the overall land use plan.
Bozeman adopted the Bozeman Community Plan 2020 (BCP) in November 2020 after an
extended public process, substantial public participation, and inclusion of all required
elements. The BCP was updated with new data and document references in fall 2025 to
conform to revised state requirements for content and review processes. No changes to goals
or objectives were made with the update. Page 18 provides a list of the separate documents
which support and make up elements of the required data and analysis required. Appendix B
provides links to those documents and other resources that provide data in support of each
required topic of evaluation. Many plans and documents are needed to address the wide
range of required content in a land use plan. The City updates several planning documents
every year. Each new document replaces the previous edition and provides updated
information. Each plan is part of the land use plan and provides part of the policy direction
and support for the implementing regulations.
Two additional documents adopted in 2020 and also being implemented in support of the
BCP are the Community Housing Action Plan (CHAP) and the Climate Action Plan (CAP).
References to text with these acronyms indicates that priorities of the supporting issue plans
are also being discussed and implemented.
Chapter 3 of the BCP includes the future land use map (FLUM). This map is an essential
element of land use planning by identifying an intended geographical distribution for uses
that complement the policies established in the text. Zoning districts are created to implement
the FLUM, and associated descriptions of the uses expected in each land use designation are
included. Most designations can be implemented by more than one zoning district. The
FLUM is presented in one image at the end of this review criterion rather than we each
element evaluated.
Chapter 4 of the BCP includes a list of short-term actions to implement segments of the goals
and objectives. Many of those are advanced by adoption of the draft text and map. Some
have been completed previously and are carrying forward in the new regulations and others
will be addressed in the future. The BCP is a 20-year planning document, will be reviewed
for needed updates every five years, and cannot reasonably be entirely implemented in a
single code review cycle. The City prepares an annual report identifying implementation
actions taken during the prior fiscal year.
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Chapter 5 of the BCP considers the amendment criteria and describes how they will be
applied in Bozeman. The analysis in this report is consistent with the direction given in the
BCP.
A land use plan addresses many topics. There is inevitably some tension in priorities when
developing regulatory implementation. One viewer may see that an issue is not pursued as far
as they would like while another sees injury to a second issue from how far the first is
addressed. Application of the criteria of land use plan compliance for adoption of zoning
requires evaluation of positives and negatives for different goals and actions. Ultimately, the
City Commission must find a balance between competing priorities. This process is
consistent with the provisions of Article II of the Montana Constitution that both identifies
Inalienable Rights but also identifies that persons enjoying those rights also have
corresponding responsibilities.
Section 3. Inalienable rights. All persons are born free and have certain inalienable
rights. They include the right to a clean and healthful environment and the rights of
pursuing life's basic necessities, enjoying and defending their lives and liberties,
acquiring, possessing and protecting property, and seeking their safety, health and
happiness in all lawful ways. In enjoying these rights, all persons recognize
corresponding responsibilities.
Further, the BCP discusses growth and in particular, if we grow, how? The Plan states on
page 14:
“…growth within the physical boundaries of Bozeman results in better outcomes than not.
Therefore, the BCP approaches growth as something that overall is positive but recognizes
that it does not come without drawbacks and that the community will change over time.
The City has adopted land development regulations and policies to reasonably mitigate
negative impacts…
For all they can accomplish, there are some things they cannot do. They cannot make there
be fewer people on a favorite walking trail, make certain you see people you know as you
walk down the street, or control things that happen outside of the City limits. They don’t
set school service boundaries; or change the floodplain or water quality or wetland
standards established by federal and state agencies. They can’t assure that buying a house
will work out well for you. They can’t change the fight path of aircraft headed to the
Bozeman Yellowstone International Airport.
They cannot assure you of a neighbor you want to have. They don’t change any state or
federal policy. They do not prevent change or guarantee that change will happen in the
way any particular person prefers.”
Basic principles applied in the plan, in conjunction with requirements of state law, provide
the essential framework the City uses to prepare the policies, goals, and objectives, lands use
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designations, and future land use map in the Plan. One notable principal is the City intends to
create a healthy, safe, resilient, and sustainable community by incorporating a holistic
approach to the design, construction, and operation of buildings, subregions of the
community, and the City as a whole. Developments should contribute to these goals and be
integrated into their surroundings and the larger community. To achieve this outcome the
City establishes zoning standards including but not limited to open space, mass and scale
parameters, and stormwater and utility requirements to mitigate impacts. Integration does not
mean that new development must be the same as what is existing in the area.
UDC Text: Criterion is met.
As a key tool to implement the land use plan, zoning must be in accordance with the land use
plan per 76-25-305, MCA. A review of the BCP shows multiple goals and objectives relating
to many different subjects and topics. Not all are best addressed by regulatory means, but
many have a regulatory component. A selection of goals and objectives as they apply to the
new zoning and zoning map follow. Additional items are discussed under the section of this
report addressing subdivision adoption criteria.
1. Housing diversity and intensity.
N-1.1. Promote housing diversity, including missing middle housing.
N-1.2 Increase required minimum densities in residential districts.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
N-2.2 Revise the zoning map to support higher intensity residential districts near schools,
services, and transportation.
CHAP – Removal of regulatory barriers.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
These objectives work together. The proposed regulations increase the required residential
density of each residential district. A wide range of dwelling types can be used to meet the
required minimum. The current minimum required density varies by residential district. It is
at a level that is easily met by development, including those developments involving only
one lower density housing type, detached homes. The goal of minimum density is to have
efficient use of municipal utilities and diversity of housing types. The higher minimum is
more likely to require a mix of housing types. Densities can be averaged over an entire
project. Therefore, a project can have different types of housing and group similar types
together or blend them all. There is not a fixed percentage of type of housing required,
providing substantial opportunity for design flexibility and landowner choice. Land within a
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development that is not used for housing, such as street right of way or floodplains, is not
included in the calculation for minimum density.
Missing middle housing is defined in 38.800.140, and generally includes townhouses, cottage
housing and 2 to 4-unit buildings. Although all of the included housing types have been
authorized in the City’s regulations for many years, housing actually constructed has tended
towards the single dwelling (detached house) and multi-unit dwelling (apartment/condo)
types. It is expected that the consolidation of the lower density zoning districts into the RA
district will provide additional opportunity for renovation and repurposing of existing homes
to multiple home configurations and construction of smaller scale new homes that will meet
the missing middle definition. Missing middle housing has been part of the City’s historic
neighborhoods for many years and has been successful in integrating with other housing
types.
The draft code reflects state direction to remove barriers to construction of new housing. The
RA district allows a greater range of housing alternatives than the prior zoning did. However,
it also includes standards to limit mass and scale of new construction to avoid one building
being significantly visually dominant. The draft RA district provides for incremental increase
in dwellings in new construction or renovation of existing buildings that was not previously
provided. This site-by-site individual investments will enable gradual change and the code
framework provides predictability.
A diverse set of housing options is required to meet the wide range of housing needs in the
community. Housing preference and need can change over time as well as by individual
preference. Allowing all type of group living arrangements in residential zones is one
mechanism to achieve the identified objectives. The code also includes development
standards for group and congregate housing to ensure that adequate services are available and
to minimize negative impacts. Over the past 20 years, the City has revised its zoning
regulations to enable smaller lot sizes, more diverse uses, and more flexible development
patterns in all its residential districts in support of community priorities identified through the
land use plan process.
Shared housing is increasingly common. The City’s zoning regulations have allowed various
forms of shared housing for many decades. Reuse of larger residential structures for shared
living of different types can be an economic and less disruptive manner to allow additional
residential density without disrupting the built environment. The draft code provides
additional latitude to remodel existing structures into a greater number of homes while
limiting the physical expansion of the structure. The annual land use inventory shows areas
developed prior to zoning have an existing pattern of mixed housing types. Those areas are
functional and often referenced as being desirable. Therefore, there is reason to allow the
natural evolution to such a mixed housing state in other areas of the community.
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Several of the public schools are located in areas with low residential density. Providing for
additional opportunity for development with the proposed zoning districts allows for some
additional housing near those schools with individual incremental changes.
2. Sense of place.
Goal N-4: Continue to encourage Bozeman’s sense of place.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
There are many distinct areas of Bozeman, and the sense of place therefore has different
meaning in different locations. The proposed regulations comply with the above goals as
follows.
A. The proposed regulations continue the Neighborhood Conservation Overlay District
(38.240.040). The NCOD is a part of Bozeman’s historic preservation program. Coupled
with educational efforts and encouragement of good property stewardship, the NCOD
supports maintenance, reinvestment, and appropriate renovation of historic buildings. The
NCOD interacts with many different land uses and zoning districts and there is not a single
character of the area but varies considerably from place to place.
MT Dept. of Revenue data reviewed during the preparation of the BCP indicates that most
homes in Bozeman are in very good condition, this includes within the NCOD and reflects
long-term trends of reinvestment in existing structures. New building construction has been
welcomed since the inception of the NCOD. The NCOD does not change the basic lot or
building standards of individual zoning districts. It does influence the design of individual
buildings differently than the base development standards.
B. The City has had minimum residential density requirements for many years. The new
code increases that requirement. The requirements vary by zoning district and correspond to
the types of housing in the districts. Residential areas are often under-developed compared to
what the zoning districts would allow as not everyone chooses to maximize development of
their land. There has been an overall trend towards intensification of use as land prices have
increased greatly over the recent past.
The minimum density standard is further refined by 38.260.030. This section provides
requirements and exceptions relating to density. Infill areas are required to both maintain
residential density, so multiple properties are not consolidated to construct individual large
homes and, allowed to not add homes when redevelopment of a lot occurs within certain
limits. This helps maintain a generalized pattern of development in an area with incremental
change more than dramatic changes.
The type of development and intensity of development are defining features of individual
zoning districts. Establishing minimum density requirements for residential districts is part of
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what distinguishes one district from another. The City relies on zoning as part of its
infrastructure planning. Having a more reliable outcome of housing construction in
individual zoning districts assists in ensuring pipe or street sizing is coordinated with demand
and avoids over expenditures when larger facilities are not needed or duplicative work to
address undersized facilities.
C. Many of the existing residential areas of the community are designated on the
proposed zoning map as the RA and RB zoning districts. The RA district consolidates three
previous lower density zoning districts. It remains a primarily residential zoning district.
Some areas were developed prior to zoning and show diverse residential types, and some
areas are more single type development. Bozeman has allowed multiple types of residential
uses in all residential zoning districts for decades.
The RA and RB districts add a standard for wall plate heights (38.210.020 and 030) which
are given further explanation in 38.260.100. Wall plate standards help ensure that taller
buildings do not loom over adjacent properties by capping the maximum uninterrupted height
of a wall. This form-based code approach allows greater flexibility for individual building
design while addressing potential impact on adjacent properties.
The RA district allows for a range of residential from single-unit dwellings and duplexes and
an opportunity to remodel existing structures to allow up to 4 units. To help maintain an
acceptable range of mass and scale, the zoning districts include standards for maximum lot
coverage, available open space, maximum building area, length, and width in addition to
numbers of homes per building. Regardless of the number of homes proposed the building
must fit into these parameters.
D. The City adopted a formal standard for transitions between zoning districts in 2018.
This standard applies when specified zoning boundaries meet mid-block. Properties
separated by a right of way of 60 feet or greater are not subject to the standard. A local street
right of way is usually 60 feet. The transition standard addresses significant differences in
height between zoning districts. The transition standard has been expanded with application
to additional districts and additional methods. As the community sees additional infill
development and change in mass and scale of use, the transition standard will help “smooth
the edges” between different districts and reduce impacts on visual character of an area.
Concern about differences in height between districts has been a frequent public comment
during the code update project.
The City Commission also directed the staff to revise the zoning map to reduce where
possible the number of locations where there are midblock zoning boundaries between
residential and non-residential districts. Those changes have been made to the proposed
zoning map.
E. The historic commercial area along Main Street between Rouse Ave. and Grand Ave.
is one of the most well-known and vibrant areas of the community. It is the original
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commercial core of the community and has many well-kept and restored historic buildings.
The area is within the Main Street National Register Historic District.
The Downtown Improvement Plan (an area plan under the BCP) encourages additional
commercial and residential development throughout the downtown area. This has many
benefits but could also negatively impact the historic nature of the Main Street historic
district. The B3 zoning district has had a differentiated height standard for many years to
avoid encouraging demolition of historic buildings. The creation of the B3C zoning district
allows for a more nuanced set of standards to protect the existing built environment within
the boundary of the district. These include adjusted parking requirements within the district
and standards for building heights and stepbacks different from other properties in the B3
zone.
The area in the Main Street historic district was developed in the 1800’s; long before cars
became common. Therefore, there is only a small amount of off-street parking in this area. At
one time the City tried to apply the same parking standard in this area as in greenfield
development. That caused problems and for many years the City allowed a variety of means
to reduce the impact of the mismatch between the standard and reality. Some of these means
were more successful than others and considerable redevelopment has occurred. The new
code sets a parking requirement in the B3C district to zero, reduces parking requirements in
the B3 district, and due to the reduced requirements removes most of the parking alternatives
from the code, including what is known as SID 565, proximity to parking garages,
landscaping in lieu of parking, and others.
F. Over time commercial corridors developed along N. 7th Ave, Main Street, and N. 19th
Ave. Some of these areas are showing wear and functional obsolescence and are included
within urban renewal areas to support redevelopment. The intent of an urban renewal area is
to encourage renovation or replacement of existing buildings with more valuable buildings.
These areas already have municipal services and people are accustomed to them being
activity centers. These areas can support a broader range of uses than historically were
present and larger mixed-use buildings are often seen as a way to increase both available
housing and employment opportunities. The B2, B2M, R5 and other districts have been
updated to support redevelopment as well as greenfield development such as with adjusted
parking requirements and simplified building design requirements. The new standards
support the continuing sense of place of these commercial corridors as places of vibrant
activity, employment and services, and enhance that character with new housing
opportunities.
3. Removal of barriers to infill.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
DCD-1.2. Remove regulatory barriers to infill.
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DCD-1.4 Update the Unified Development Code (UDC) to reflect density increases or
minimums within key districts.
CHAP – Removal of regulatory barriers.
CHAP – Flexible development standards.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
The proposed regulations comply with the above goals as follows.
A. After completion of the BCP the City contracted a professional planning and code
development firm, Clarion Associates, to conduct a development code audit in support of
implementation of the policies in the document. The audit scrutinized development review
processes and zoning districts. Recommendations were made to improve clarity, remove
duplications, and make development of housing easier. The audit also reviewed changes to
state law prohibiting local governments from requiring development to provide price limited
housing.
Using the audit recommendations in 2022, the City replaced its affordable housing
incentives, created the planned development zone process to replace planned unit
developments, and made other changes in code to support housing creation. The effect of a
number of these changes supports infill development. These carry forward in the new code
and are coordinated with other standards of the new code.
One of the recommendations from the code audit is to simplify the standards for residential
development that establish maximum bulk and scale. After consideration of the various
alternatives, the proposed code no longer includes minimum or maximum standards for floor
area ratio and lot area. This simplifies redevelopment of existing homes and new
construction.
The proposed regulations also provide increased opportunities through departures associated
with standards throughout the rules of interpretation in Division 38.260. Many standards in
this division have a “relief” element that identifies a degree of flexibility and what must exist
for that flexibility to be applied. Relief is applied as a departure (38.760.050) in association
with a development review. By avoiding unnecessary rigidity but providing a predictable set
of boundaries to development the identified objectives and general welfare are advanced as
new homes are provided, and employment and services can be expanded.
In response to public comment, the City Commission discussed the scope of residential
development that should be allowed in the RA district. A change was made to allow existing
buildings which meet the definition of infill to be renovated to allow more dwellings per
structure than would normally be allowed. This provides greater housing flexibility while
limiting expansion of existing buildings, see 38.320.030.A.
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B. As discussed under the prior set of goals, item C, the proposed zoning consolidates
three residential zoning districts into the RA residential zoning district. This consolidation
provides additional opportunity for redevelopment/renovation of infill areas which contain
standards that limit the intensity so that increased numbers and mass and scale of homes are
still constrained. Minimum residential density increased with some exceptions for existing
infill areas as described above. The state passed laws requiring all residential areas to allow
for at least duplex development in 2023 and under MLUPA allowance for duplexes is one of
the housing supportive actions City’s may take to comply with 76-25-302. The RA district
complies with this law and the above BCP goals.
C. Parking adjustment – In October 2022, the City modified residential parking
standards. The proposed code replacement modifies commercial parking. Changes include
consolidation and simplification of the parking requirements (38.530.040). Parking for the
B3C district and some urban renewal areas is proposed at zero. The requirements for B3 are
reduced. These changes make it easier to redevelop or expand in these areas. Not all areas
affected are infill areas, but all infill areas are benefited by the changes.
Parking is a common public comment on site development with most commentors voicing
concern on adequacy of parking. The 2025 state legislature passed House Bill 492, that limits
the ability of local governments to require parking for residential and other development. The
updated UDC responds to this limitation in 38.530.040.
The City has tools beside zoning to address parking management. The City has established
parking districts, created the parking benefit zone tool, and established time limits and shared
parking facilities in the downtown.
D. MLUPA requires the land use regulations to provide administrative decision making
for all site development including preliminary plats, plans, and variances. MLUPA also
changes and reduces the scope of notice allowed for development. These procedural changes
are applicable throughout the City. The intent of these state requirements is to make
development a more predictable, faster, and simpler process with focus on public
engagement during the policy development phase rather than during individual site
application review.
4. Building heights.
DCD-2.4 Evaluate revisions to maximum building height limits in all zoning districts to
account for contemporary building methods and building code changes.
DCD-2.9 Evaluate increasing the number of stories allowed in centers of employment
and activity while also directing height transitions down to adjacent neighborhoods.
In the summer of 2021, the City revised and increased heights across most districts. These
changes addressed change in building codes and methods. See divisions 38.220 and 38.230.
In conjunction with these increased allowed heights the City has updated the transitions
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standards (38.260.070) to increase the scope of applicability and adding components to the
standard, as discussed in more detail above in A.2.D. The initial draft of the Chapter 38
update proposed to change height limits to be measured in stories in all districts. The
Downtown Improvement Plan made a specific recommendation to measure height in the B3
district in stories and to increase the number of stories allowed to seven.
In response to public comments, the City Commission directed the draft be revised to return
to measuring building height in feet rather than stories. The draft has been revised to match
this direction. The maximum height in the B3 zoning is increased in the draft code.
The state, in 2025, limited the City’s ability to limit building heights in industrial, downtown,
and heavy commercial zoning districts. The draft code has been revised to increase heights as
needed to conform to the new law.
5. Simplified development process.
DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be
more consistent with the designated land use classifications, to simplify the development
process, and support affordability objectives of the plan.
CHAP – Removal of regulatory barriers.
As noted earlier in this section, the proposed code creates the RA zoning district which
absorbs those areas previously included in the RS, R1, and R2 districts. The RO, RMH, and
UMU districts have been deleted. The B3C district has been created. The net difference is
four fewer zoning districts. The uses allowed in the established districts are consistent with
the future land use designation descriptions in Chapter 3 of the BCP. A greater number of
uses are established as principal uses which reduces the complexity of application submittals
and reviews.
MLUPA mandates that all site-specific development be approved or denied by the Planning
Administrator which for Bozeman is the Director of Community Development. This includes
subdivisions, variances, and some deviations for historic preservation which previously were
reviewed by the City Commission. The notice process has also been revised to conform to
MLUPA which establishes a common notice process for both zoning and subdivision
development.
MLUPA requires that the local government identify those circumstances where a
development may be denied due to non-compliance with code. Review of a development
proposal compares the proposed development against the adopted standards of Chapter 38.
The City must prepare and provide written findings of its review and decision as part of any
final action to approve or deny an application. This is consistent with existing practice for
both zoning and subdivision reviews.
The review process evaluates against the actual adopted standard. The description of the
evaluation process for site plan development in 38.740.090 has been clarified so it is clearer.
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that it is conformance of the application to the actual standard that is being reviewed and
documented. Wording has been made more direct and pointed more clearly to the specific
portions of code being applied. This makes the review process more transparent and removes
wording that could be misunderstood as establishing an additional standard. Greater clarity
makes the code more user friendly for all, reduces corrections for applications, and thereby
reduces the review time frame.
The City can impose conditions of approval and require more than minimum compliance
with the code, see 38.100.050. To establish such conditions the City must demonstrate a
rational basis and proportionality between the evidence supported impacts of development
and the condition being proposed.
The state passed SB 252 in 2025. This new law requires the City to treat all types of housing,
manufactured, site-built, or factory built under the same set of standards. This reduces
distinctions between very similar structures used for the same purposes and simplifies
application of standards and processes.
6. Evaluate parking.
DCD-3.6 Evaluate parking requirements and methods of providing parking as part of the
overall transportation system for and between districts.
M-1.12 Eliminate parking minimum requirements in commercial districts and affordable
housing areas and reduce parking minimums elsewhere, acknowledging that demand for
parking will still result in new supply being built.
CAP - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit
In October 2022, the City revised residential parking standards as part of a review of
processes and standards relating to affordable housing. The number of parking spaces
required was decreased and methods to demonstrate compliance were changed. The initial
proposed code in 2023 largely kept the residential requirements the same but took a different
approach for commercial parking (38.530.040). There are several areas, including the B3C
zoning district and specified urban renewal areas, where the proposed required minimum
parking is zero. These areas were determined to be appropriate to be set to zero because they
have mechanisms in place to provide for shared parking systems when needed.
In 2025, the state restricted the ability of the City to require parking. This includes a
prohibition on requiring parking for homes less than 1,200 sq. ft. and any size home of deed
restricted affordable housing. Therefore, the provisions of 38.530.040 have been modified
with the updated draft. The state parking restrictions do not take effect until Oct 1, 2026. The
code has been written to maintain Bozeman preferred parking requirements until that date
and then transitions to meet the state restriction.
The City has allowed for shared parking and off-site parking for many years. These options
continue forward in the replacement code with expanded applicability. The City also
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proposes to simplify the commercial parking table so that the named uses are the same as
those in the allowed uses in Article 3 and have similar breadth of use. Calculation will be
done based on gross square feet for all uses for greater consistency and simplicity. As not
every use may fit the general categories identified in code a process to do a custom parking
study to establish alternate requirements is included. Parking requirements for bicycles are
now done differently to include both short and long-term parking and the numbers required
are separated from the number of motor vehicles.
The City conducts long range planning for its transportation system. The 2017 Transportation
Master Plan examines the current conditions and future needs of the overall system. For
individual projects, the City relies on transportation impact studies to look at a finer degree of
detail. The proposed code requirements for transportation impact studies include more than
just motor vehicles (38.710.050.A.11). The City adopted a new Parks, Recreation, and Active
Transportation Plan on September 12, 2023. The Parks Department is reviewing
implementation of that document which will follow completion of the UDC update and will
likely result in modifications to standards for active transportation (bike and pedestrian)
facilities.
7. Simplified code layout.
DCD-4.3 Complete the transition to a form-based code and simplification so that it can
be understood by the general public and consistently applied by planning staff.
CHAP – Removal of regulatory barriers.
Form based codes place greater emphasis on the physical design and layout of a site and
building and less emphasis on the use that goes into the building. As the City has steadily
improved its development standards and the building code and other safety codes have been
developed the need to separate uses is reduced but not removed entirely. The differences in
mass and scale, operational needs, and impacts of development still justify establishment of
different zoning districts. Some uses have characteristics that support separation from other
uses. The use of a structure is the primary driver of many development impacts such as water
demand, sewer outflow, transportation demand, and park demand so consideration of use
remains part of the review process.
There are four fewer zoning districts in the proposed code. The standards for building
construction and site placement have been improved. Having fewer districts advances a focus
on physical design rather than separation of uses.
The code has been simplified with updated and expanded graphics to explain requirements,
less complex language, and a revised layout that places key information for each zoning
district in a consistent two-page layout approach. A single use table for all districts allows
easy comparison across districts. Footnotes have been removed and the content integrated
with the main text. Similar information has been aggregated so there is less necessity to move
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between sections to understand an issue. The decision maker has been more clearly
determined and consistent between legislative and quasi-judicial decisions.
8. Environmental considerations.
EPO-3.9 Integrate climate change considerations into development standards.
EPO-3.10 Inclusion of community gardens, edible landscaping, and urban micro-farms
as part of open spaces outside of watercourses and wetlands in subdivisions is
encouraged where appropriate.
EPO-3.11 Support resource conservation through recycling, composting, and other
appropriate means.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
CAP - Solution F. Increase Community-Based Distributed Renewable Energy Generation
CAP - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit
CAP - Solution O. Manage and Conserve Water Resources
CAP - Solution M. Move Toward a Circular Economy and Zero Waste Community
These goals share a common theme of sustainability. The new code addresses them by:
• Adding specific use and standards for urban agriculture. (38.300.020, 38.320.010)
• Continuing allowances for personal and shared gardens.
• Including recycling and composting locations in submittal requirements for
commercial and larger scale residential developments. (38.710.070)
• Including in the definitions of Essential Services electric vehicle charging, shared
(district) heating and cooling, shared solar power generation and storage so that these
activities are clearly allowed. This simplifies review and approval and encourages
private investment. (38.800.060)
• Expanding provisions for bicycle parking (38.530.070).
• Facilitating more land efficient and travel efficient development patterns and
standards. (38.210 and 38.310.020)
• Encourage and require drought tolerant and native species use (38.410.080,
38.540.040, and 38.620.010.E). Water conservation related edits were completed
previously and are integrated into the updated code draft now in review.
The City has also taken non-regulatory actions in support of these goals such as expanding
solid waste services to include organics composting, studying and reporting on the local
foods systems, and providing a variety of rebates to support water conservation actions.
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9. Mixed use.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of
housing, jobs, and services in close proximity to one another.
CAP - Action 3.G.2. Revise Development Code to Enhance Compact and Sustainable
Development
The descriptions of the future land use map designations in Chapter 3, BCP, include
reference to residential uses in most of the designations. For many years, Bozeman has
supported and authorized in its regulations mixed use buildings and land use patterns.
This has been shown with existing allowances for home-based businesses (38.320.120.E),
and mixed residential/other use buildings are allowed in most zoning districts. The option for
housing has been added to the Business Park (BP) zoning district. Additional service uses are
proposed to be included in the BP, RB, and RC districts to support ready access and lessen
need for motor vehicle travel. Expansion of uses in the R districts was supported and
encouraged by elements of public comment from surveys and other engagement tools. As a
standard specific to the RB and RC districts, the additional uses are authorized in mixed use
buildings.
10. Mobility and rideshare.
M-1.6 Integrate consideration of rideshare and other mobility choices into community
planning regulations.
CAP - Solution J. Increase Walking, Bicycling, Carpooling and Use of Transit
The City conducts long range planning for its transportation system. The 2017 Transportation
Master Plan examines the current conditions and future needs of the system as a whole. For
individual projects, the City relies on transportation impact studies to look at a finer degree of
detail. The proposed code requirements for transportation impact studies include more than
just motor vehicles (38.710.050.A.11).
Active transportation has been a community priority for many years. The active
transportation network includes hundreds of miles of sidewalks, bike lanes, shared use paths,
and trails. The City adopted a new Parks, Recreation, and Active Transportation Plan.
Following adoption of the UDC update, implementation of that document will likely result in
modifications to standards for active transportation (bike and pedestrian) facilities. The
Department of Transportation and Engineering has conducted several studies to identify gaps
in the multi-modal network, locations where connections can most effectively expand or
complete the system and identified funding sources for this work. Bicycle parking
requirements have been updated and refined to be more effective with the UDC update.
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11. BP District.
EE-2.2 Review and revise, or possibly replace, the Business Park Mixed Use zoning
district to include urban standards and consider possible alterations to the allowed uses.
The Business Park district has increased allowed height, reduced setbacks, increased lot
coverage, (38.230.020) and widened range of uses (38.300.020) allowed in the proposed
regulations. It was determined it was appropriate to keep and update the district rather than
delete the district.
12. Urban agriculture.
EE-2.3 Adopt zoning regulations that establish and define the range of urban
agricultural practices, including vertical farms and other forms of urban farming, as a
permitted or conditional use in appropriate locations. Urban agriculture can be
compatible with a variety of land use designations shown on the Future Land Use Map.
CAP - Solution N. Cultivate a Robust Local Food System
Agriculture has been an allowed use in some districts for a long time. The proposed code
expands the opportunity by adding specific use and standards for urban farm and community
gardens (38.300.020, 38.320.010). The general definition provides for fully independent
facilities, accessory facilities such as a greenhouse on the roof of a restaurant, or many other
configurations.
The proposed regulations also continue the Artisan Manufacturing land use which is small
scale, widely allowed for locations, and support start up or small batch production that can be
a beginning point for local foods. Agriculture cannot function without water. The proposed
regulations include a variety of protections for agricultural water user facilities.
The definition of agriculture (38.800.020) excludes personal and shared gardens. These
continue to be allowed on any property as landscaping or accessory uses.
Map: Criterion is met.
State law requires that zoning districts be placed on a zoning map consistent with the future
land use map. The Future Land Use Map (FLUM) is an indispensable part of the BCP. It
utilizes ten land use categories to illustrate and guide the intent, type of use, density, and
intensity of future development. A copy of the future land use map is presented below. The
Community Development web viewer provides the opportunity to see the map at variable
sizes and in conjunction with additional data.
Chapter 3, Table 4, BCP shows the correlation between zoning districts and the future land
use map designations. With the consolidation, renaming, deletion, and creation of zoning
districts it is necessary to know how those correlations continue. An exhibit of the current
and new zoning district correlations is provided in Section 4 of this report.
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The proposed zoning map shows differences from the prior map due to deletion of the RMH,
RO, and UMU zones, creation of the B3C zone, consolidation of districts to create the RA
zone, renaming of zones, corrections of zoning districts that did not match the future land use
map, and depiction of parks and schools as PLI consistently throughout the community.
Dozens of corrections to the zoning map were made to match with the FLUM. The proposed
map is more consistent with the FLUM and the text of the BCP. Therefore, the zoning map is
consistent with the adopted land use plan.
13. Single-type housing districts.
Theme 2 -Our City desires to be diverse, healthy, and inclusive, defined by our vibrant
neighborhoods, quality housing, walkability, excellent schools, numerous parks and
trails, and thriving areas of commerce.
N-1.12 Enable a gradual and predictable increase in density in developed areas over
time.
N-1.3 Revise the zoning map to lessen areas exclusively zoned for single-type housing.
The City has not had any zoning districts limited to single housing type for many years. All
zoning districts have allowed a range of residential uses. However, it is accurate that some
zones had a greater focus on one or two housing types. The consolidation of three low,
moderate, and medium density residential zoning districts to create the RA district effectively
implements this objective by establishing a broader range of housing types (38.300.020) in a
greater portion of the community. These three districts have the same residential types
allowed so merging them provides a simpler code but does not materially change the allowed
uses in the area.
This change in the text must be depicted on the zoning map. The areas previously shown as
the RS, R1, and R2 districts which were merged are shown as RA on the map. Other districts
have also been renamed and are so identified on the map. This merger is also consistent with
state mandates adopted in 2023 and is one of the options to meet housing support
requirements as required by the state and discussed in Criterion B below.
This is not the first time the City has consolidated residential districts. In 2003, multiple
districts that were primarily single unit dwelling focused with differing lot sizes were merged
into a single district.
14. Honor history, neighborhoods.
N-4.1 Continue to recognize and honor the unique history, neighborhoods, neighborhood
character, and buildings that contribute to Bozeman’s sense of place through programs
and policy led by both City and community efforts.
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Theme 2 - Our City desires to be diverse, healthy, and inclusive, defined by our vibrant
neighborhoods, quality housing, walkability, excellent schools, numerous parks and
trails, and thriving areas of commerce.”
The proposed regulations continue the Neighborhood Conservation Overlay District
(38.240.040). The NCOD is part of Bozeman’s historic preservation program. Coupled with
educational efforts and encouragement of good property stewardship, the NCOD encourages
protection and appropriate renovation of historic buildings. New building construction has
been welcomed since the inception of the NCOD, but building design is reviewed through
the Certificate of Appropriateness process. The NCOD and other elements of the City’s
historic preservation efforts are under review under a separate task, the Landmark program
review. The second phase is underway and potential revisions to municipal code are expected
to be proposed in 2026 after the UDC update is completed.
The text creates a new zoning district, B3C. This district includes the Main Street Historic
District and has standards more fitted to the historic building patterns of the area. The zoning
map shows a boundary that includes the entire Main Street Historic District.
The proposed zoning districts are more inclusive of various land uses, not less, which advances
Theme 2. The residential areas developed prior to zoning show a mix of housing types and
intensities. The City’s annual land use inventory data available through the City’s website
shows this pattern. The land use plan rejects the notion of homogenous neighborhoods of only
a few types of housing stock. MLUPA likewise strongly supports integration of multiple
housing types in residential areas.
15. Reduce number of zoning districts.
DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be
more consistent with the designated land use classifications, to simplify the development
process, and support affordability objectives of the plan.
The map reflects the changes in text to have four fewer zoning districts. The map includes a
replacement zoning district for all areas where districts were consolidated or deleted. The
merger of districts as discussed in 13 above advanced this goal. The state also passed a law in
2025 that requires that manufactured homes and factory-built homes be treated the same as
site-built homes. An outcome of that new law is the removal of the RMH zoning district and
integration of manufactured housing in all residential districts on the same basis as other
housing. A listing of the districts in both the current and the proposed draft follows.
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Current Code
Proposed Draft
R-S Residential Suburban
District
R-A Residential Low
R-1 Residential Low Density
District
R-B Residential Low-
Medium
R-2 Residential Moderate
Density District
R-C Residential Medium
R-3 Residential Medium
Density District
R-D Residential High
R-4 Residential High Density
District
B-1 Neighborhood Mixed-
Use
R-5 Residential Mixed-Use
High Density District
B-2 Community Business
R-O Residential-Office District B-2M Community Mixed-Use
RMH Residential Manufactured
Home Community District
B-3 Downtown Mixed Use
B-1 Neighborhood Business
District
B-3C Downtown Mixed-Use
Core
B-2 Community Business
District
REMU Residential Emphasis
Mixed Use
B-2M Community Business
District - Mixed
NEHMU Northeast Historic
Mixed-Use
B-3 Downtown Business
District
B-P Business Park
UMU Urban Mixed-Use District M-1 Light Manufacturing
M-1 Light Manufacturing
District
M-2 Manufacturing and
Industrial
M-2 Manufacturing and
Industrial District
PLI Public Lands and
Institutions
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B-P Business Park District NCOD Neighborhood
Conservation Overlay
District
PLI Public Lands and
Institutions District
PDZ Planned Development
Zone
NEHMU Northeast Historic Mixed-
Use District
NC Neighborhood
Conservation Overlay
District
REMU Residential Emphasis
Mixed-use District
PDZ Planned Development Zone
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Future Land Use Map of the Bozeman Community Plan, Adopted Oct 28, 2025
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B. Accommodates the projected needed housing types identified in the land use plan.
Text: Criterion met.
This criterion focuses on the types of housing rather than the number of dwellings required.
The projected housing needs are discussed in Appendix B of the BCP, in the Population and
Housing Forecast prepared in support of the BCP, the Community Housing Needs
Assessment, and in the Community Housing Action Plan (CHAP).
The Montana Land Use Planning Act defines a range of housing types spanning from single
homes to buildings with five or more homes. Those definitions have been incorporated into
the proposed regulations (38.800.050 and others). The uses are assigned to individual
districts in 38.300.020. All the housing types defined in MLUPA, plus others, are authorized.
People have many different housing needs. In addition to the individual home types defined
by the State the code also provides for a variety of shared living, congregate care living, and
group living alternatives. This additional flexibility allows personal choice and flexibility to
meet personal preferences and needs and US Fair Housing Act compliance.
One new defined use is Fraternity/Sorority House (FSH). An FSH is a subset of group living
but addresses the accessory assembly activities associated with the use. The residential
districts allow places for all the types of housing. Commercial and industrial areas also
provide opportunity for many types of housing. The proposed zoning districts are displayed
on the draft zoning map.
Map: Criterion met.
The proposed zoning map provides locations for all zoning districts. As described in Section
3, Criterion A, elements 1 and 13, as part of land use plan implementation a wide range of
housing types, including all those identified in MLUPA, have been provided in the zoning
districts. Examination of 38.300.020 and comparison with the zoning map demonstrates
compliance with this criterion.
C. Contains five or more specific strategies from 76-25-302 to encourage the
development of housing within the jurisdiction.
Text and Map: Criterion met.
The City implemented many of the strategies included in this section of MLUPA previously
and includes more with this proposed ordinance. Implementation of more than the regulatory
minimum advances the BCP and other issue plans as discussed elsewhere in this report. The
proposed regulations and map implement the following alternatives from 76-25-302 that are
highlighted in green. Additional items will occur over time, like (c) or have been partially
met under certain conditions like (g) and (m).
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(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is
permitted;
(b) zone for higher density housing near transit stations, places of employment, higher
education facilities, and other appropriate population centers, as determined by the local
government;
(c) eliminate or reduce off-street parking requirements to require no more than one parking
space per dwelling unit;
(d) eliminate impact fees for accessory dwelling units or developments that include multi-
unit dwellings or reduce the fees by at least 25%;
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling
unit on a lot with a single-unit dwelling occupied as a primary residence;
(f) allow for single-room occupancy developments;
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted;
(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at
least 25%;
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing
requirements for multi-unit dwellings, or mixed-use developments or remove at least half
of those requirements;
(j) provide for zoning that specifically allows or encourages the development of tiny
houses, as defined in Appendix Q of the International Residential Code as it was
printed on January 1, 2023;
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%;
(l) increase building height limits for dwelling units by at least 25%;
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes
are permitted uses.
(m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots
where office, retail, or commercial are primary permitted uses; or
For additional support for housing above and beyond minimum state requirements, the City
established Division 38.340 establishing incentives for construction of housing to serve
persons with lower incomes. The incentives leverage and support other housing supportive
programs like Low Income Housing Tax Credits and the City’s own direct financial
investments in affordable housing. These incentives are available in all zoning districts that
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allow housing. The City conducted careful financial feasibility analysis during the
development of the incentives to assure their practicality. The incentives, including density
bonuses and allowed additional height for qualifying buildings are consistent with MLUPA
and also implement the CHAP, such as the density bonus strategy on p. 23 and flexible
standards on p. 19. However, the state has enacted laws that effectively remove many of the
incentives such as reduced parking.
The CHAP, page 5, looking forward from 2019 data, showed a need for an additional 5,400-
6,340 dwellings over the following five years. These numbers predated the surge in housing
demand during the COVID pandemic. The City has issued building permits for over 8,850
homes of all types since July 1, 2020. The most current information is included in Appendix
B of the BCP in sections 76-25-203 and 76-25-206.
The proposed regulations include as a standard in residential districts a minimum density for
new construction of housing (38.210 and 38.260.030). Each district has a different minimum
density requirement which is part of what distinguishes one district from another. Districts
which allow greater heights, lot coverage, and more diverse housing mix have a higher
requirement. One purpose of the minimum housing requirement is to encourage a mix of
housing types in the RA and RB districts. As noted in MLUPA, Sections 76-25-103 and 76-
25-302, there are a variety of different housing types contemplated and encouragement for a
range of housing types is included. This helps meet the range of housing needs of the
population of Bozeman. Minimum residential densities also are important in utility planning
as discussed below.
As discussed above in several elements of land use plan compliance, a mix of housing and
urban density housing advances many goals of the BCP and MLUPA.
D. Reflects allowable uses and densities in areas that may be adequately served by
public safety, emergency, utility, transportation, education, and any other local facilities
or services identified by the local government in 76-25-207.
Criterion met.
Text: The City conducts extensive planning for municipal transportation, water, sewer, parks,
and other facilities and services provided by the City. The adopted plans consider existing
conditions, project future demand for services, and identify enhancements needed to provide
that additional service needed by new development or to maintain services for existing
development. The planning area for most services is the same as the planning area for the
BCP and includes the existing city limits and areas that may be annexed in the future.
Appendix B of the BCP in section 76-25-207 identifies and links to individual plans. The
City implements these plans through its capital improvements program that identifies
individual projects, project construction scheduling, and financing of construction. The
annual capital improvement program allows coordination between multiple funding sources
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and projects, private development, and public engagement in deciding priorities. The annual
plan is presented each fall and is reviewed and adopted in various public meetings.
Each plan looks at services areas, future expansion, and needed improvements for existing
service areas. A plan typically looks at a planning horizon of 20 years, although some look
further into the future. Needs for physical construction and other expansion are identified as
part of the planning process. The planning area for each service is included within the planning
area of the BCP. The City rarely provides services outside its own boundaries. The City
expands its area through annexation. As required in the annexation enabling statutes, the City
evaluates the ability to provide services before annexing property. A zoning district is
established in conjunction with the annexation process.
As stated in 38.200.020.E, the designation of a zoning district does not guarantee approval of
new development until the City verifies the availability of needed infrastructure. Although an
area may be planned for service, planning alone is not assurance of actual service. Probable
intensities of use are informed during the planning process by existing zoning and future land
use designations. All zoning districts in Bozeman enable a wide range of uses and intensities.
At time of future subdivision or site plan review the need for individual services can be more
precisely determined due to the greater level of available detail in the development application.
No subdivision or site plan is approved without demonstration of adequate capacity.
38.200.020.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.”
Uses are assigned to individual zoning districts in 38.300.020. As stated above and in
38.100.050, 38.740.080, and 38.750.090 development which does not meet the requirements,
including availability of infrastructure and services, of Chapter 38 will not be approved. Each
zoning district provides a wide range of possible uses and intensities. All the allowed uses are
within a range successfully constructed previously in Bozeman. Due to that range, the City’s
infrastructure planning documents make certain assumptions, such as sewage flow per minute
per acre, to allow analysis in the absence of full development plans prior to development
proposals. Service assumptions vary by each type of infrastructure and are in the individual
plans.
When a formal proposal is submitted, Staff evaluate the planned demand for service against
the demand for service documented by the development application. If there is an identified
deficiency a method to correct that deficiency must be identified and determined to be adequate
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to meet services. This is assured with the review process required by MLUPA for zoning and
subdivision projects. When necessary, service capacity may be increased before construction
is allowed. Extensions of sewer pipes, streets, and similar infrastructure are common with new
development. Engineering review of detailed plans and specifications ensures that
infrastructure conforms to design standards and locations required with development approval.
Adequate service is supported by the issue plans described above. Those services support
health and welfare by access to parks, trails, and on-site open space for exercise, socialization,
recreation and other human needs. The City has maintained standards for provision of these
features for many years and they continue forward (38.420 and 38.260.040). Adequate travel
features protect public health and safety by avoiding conflict between motor vehicles and other
travel modes. Furthermore, accommodating and encouraging active modes of transportation
such as walking and biking in design of streets and sidewalks further advance public health
and welfare. Transportation is subject to standards in 38.400 as well as other municipal
standards.
Division 38.400 is the portion of the UDC that primarily addresses transportation development
standards. Those provide for required extension of streets to avoid dead ends, installation of
sidewalks, bike lanes, and shared use paths, and other standards to ensure that facilities are
installed. Division 38.420 addresses parks and recreation trails. Division 38.780 provides the
processes and requirements for timely installation of required improvements.
All new development is required by 38.400.080 to install sidewalks. The additional density of
development allowed by the proposed zoning districts is not expected to be so great as to
overwhelm existing systems. The proposed regulations do not change classification of streets
or otherwise alter the transportation plan.
New development may be required to provide a transportation impact study (38.710.050.A.11)
to show they can meet the service standards established in 38.400.060. The proposed
regulations are consistent with best engineering practice and standards recommended by the
Bozeman Department of Transportation and Engineering. The City has a “Complete Street”
resolution and development standards as part of its engineering standards that support and
provide additional details for construction of streets to ensure fully functional transportation.
The criteria for approval of any application require an applicant to demonstrate that they have
complied with the adopted standards (38.710, 38.740.090, and 38.750.090). Procedures for
variances (38.760.060) which might allow a standard to not be met have independent standards
that require the variance not be detrimental to public health, welfare, and safety.
Map: The proposed zoning map only encompasses the City limits. The City does not zone,
although it does do planning, outside of its legal boundaries as there is not an interlocal
agreement with Gallatin County in place to allow such extra-territorial regulations. Inside the
City, the issue plans demonstrate where the services listed in the criterion are presently
provided or can be extended.
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The correlation of zoning districts to future land use designations on Table 4 of the BCP
enables identification of future zoning within the planning area. The final district locations
and classifications are established in conjunction with the annexation process.
The zoning map depicts districts where utilities and other essential services can be provided.
The City only zones areas which have been annexed and only annexes after it is determined
through the annexation process that services can be made available. The zoning map shows
where differing intensities of development are allowed. Higher intensities are generally
located along large transportation corridors to facilitate safe travel.
The zoning map is influenced by almost a century of prior zoning development decisions as
well as current uses and future plans. A zoning map is drawn as an ideal but must account for
past events as well. The zoning map places residential areas in proximity to public schools
and parks which facilitates walkability and convenience. As discussed in Criterion A, higher
intensity districts are encouraged near parks, schools, and services. The map is drawn to
accomplish this where possible.
The City does not control the location or construction of public schools as a municipal
service. The City does coordinate and work with School District #7 on location and
development review for schools to ensure public safety, services, and infrastructure has been
provided. The zoning map shows public schools as PLI, Public Lands and Institutions, which
is a best fit zoning district. The City consulted with School District #7 during the zoning map
development. Appendix B of the BCP contains information on school enrollment trends and
capacity.
The zoning map is drawn to be consistent with the future land use map from the BCP.
Implementing the adopted land use plan advances the general welfare by carrying out the
established public policies.
The map itself does not establish a standard for construction of infrastructure or provision of
services. However, placement of uses is coordinated with infrastructure facilitates
infrastructure. For example, arterial streets are required to serve the intensive travel needs of
employment and higher density residential uses. Placement of zoning districts with higher
demand for service close to existing or planned major facilities reduces the distance services
must be extended and reduces costs. Placing commercial service nodes near residential areas
facilitates use of non-motorized travel which in turn reduces demand for larger streets.
The future land use map was informed by and is consistent with the various facility plans, see
page 18 of the BCP for a list. When the zoning conforms with the future land use map it also
supports the facility plans and facilitates provision of infrastructure. Key public and quasi-
public facilities are designated as the PLI zoning district on the map ensuring the capability
for them to operate as needed for the public benefit. Essential Services are a three-tier
defined use and assigned to zoning districts to enable placement of both public and private
utilities
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As stated in 38.200.020.E, cited above, the designation of a zoning district does not
guarantee approval of new development until the availability of needed infrastructure is
demonstrated. All zoning districts in Bozeman enable a wide range of uses and intensities. At
the time of future development review, the need for individual services can be more precisely
determined. No development is approved without demonstration of adequate capacity.
E. Allows sufficient area for existing, new, or expanding commercial, industrial, and
institutional enterprises the local government has identified in 76-25-208 for targeted
economic growth in the jurisdiction.
Criterion met.
Text: The Population and Housing Forecast prepared in support of the BCP examined future
growth in employment and services. The future land use map in the BCP shows where land
has been designated for these uses both inside and outside of the City. The City does not
stand alone in its economy but is part of the larger regional economy with some services and
employment being provided in other communities and Bozeman in turn providing services
and employment to those communities.
The proposed zoning map includes properties that are vacant and undeveloped. See the latest
land use inventory on the Community Development web viewer for a visual depiction. The
latest annual report for 2024 is available through the City’s website. There appears adequate
land available or able to be annexed over the planning horizon to provide the necessary area.
The City annexes 6-12 parcels per year of various sizes. Recently, the zoning applied in
conjunction with annexation has tended towards higher density and mixed-use districts which
provide for both housing and employment. The City is also seeing redevelopment and
intensification in redevelopment areas like Midtown where urban renewal districts are
stimulating reinvestment and replacement of obsolescent buildings.
The future land use map of the BPC includes additional area designated for location of
employment, institutions, and services. The future land use map and zoning are coordinated
so that future annexation and zoning of these areas will facilitate construction of needed
elements of this criterion.
The 2023 update to the Economic Vitality Study provides updated information on the
characteristics of the economy. The 2025 Labor Day report from the MT Dept. of Labor
identifies remote work as a significant growth factor in Montana’s economy. Bozeman is
well positioned to benefit from these trends with several shared workspaces opening recently,
rapid broadband speeds, and proximity to technology related job clusters. This lessens local
demand for traditional brick and mortar employment facilities but maintaining employment.
Map: The annual land use inventory as of December 31, 2024, showed that the employment-
oriented zoning districts (excluding PLI) had 975 acres of their combined area as vacant or
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undeveloped which are available for additional development. Opportunities exist in several
urban renewal districts for additional development or redevelopment. Several large
redevelopments recently increased the development on-site along the N. 7th Corridor in the
Midtown urban renewal area. The South Bozeman Technology District is presently
constructing several large buildings and land capacity for more is available. A large share of
employment occurs within the PLI district with Montana State University, School District #7,
and other large employers.
F. Protects and maximizes the potential use of natural resources within the area, as
identified in 76-25-209.
Criterion met.
Text: The City’s zoning regulations only apply within the municipal boundary. Agricultural
properties are primarily outside of the City boundary. The opportunities for use of natural
resources are limited as there are no mines, forests, fisheries, or similar commercial natural
resources inside the city or the planning area. There are no known such facilities to be
protected.
If agricultural properties annex, they are allowed to continue to operate at the existing scope
and scale until the owner chooses to change use on the land. The City has adopted an urban
forestry plan as included in Appendix B of the BCP. This plan focuses on public trees in
parks and rights-of-way. The City maintains an inventory of almost 26,000 trees to assist in
their management. This program is outside of Chapter 38 and is not a commercially oriented
forestry action.
The City has expanded agricultural options under the proposed regulations (38.300.020 and
38.320.120). The emphasis remains on agriculture that is consistent with the close distances
and intense uses of a city. The City also has a variety of requirements to identify and protect
agricultural water use facilities (38.310.010 and 38.710.050.A.8). Such facilities must be
identified early in the development process and coordination with ditch owners/users is
required. Information on permits affecting waters is included in 38.710.020 and other
sections.
Map: The zoning map shows the various zoning districts. As described above and elsewhere
in this report natural resource use within the City is limited. Personal gardens are allowed in
all districts. Agriculture as a business is allowed in the non-residential districts. The City
does not have forestry, mining, or similar resource extraction activities in its jurisdiction.
Activities such as recreational hunting is not allowed within the city for public safety reasons
by regulations outside of Chapter 38. Recreational fishing is not prohibited. Management of
fishing waters is not controlled directly by zoning although the PLI district supports parks
which may have fishing locations within them.
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G. Minimizes or avoids impacts to the natural environment within the area, as
identified in 76-25-209.
Criterion met.
Text: Article 38.6 addresses protection of natural resources such as floodplains, wetlands,
and watercourses. The City has general mapping of these features. Floodplain mapping for
Bozeman Creek was updated and floodplain regulations updated to best practices in
conjunction with state and federal agencies. Many of the waterways in Bozeman are small
and fall below the threshold for FEMA mapping and floodplain analysis. The City has
mapped water features in the past and is currently working on an upgrade to the data in
conjunction with several partners. Due to the precision of these features, more detailed
mapping is required to be provided with development so that the established standards may
be properly applied. The standards require protection or enhancement of natural features,
habitat, plant communities, and other related elements. Other agencies such as the Gallatin
County Conservation District have legal responsibility to review permitting outside of zoning
for impact to water features.
These regulations focus on identification and protection of watercourses, wetlands and
floodplains and emphasize avoidance of impacts as a first preference. The review authority is
authorized to require buffers, design alterations, use restrictions and mitigation of impacts.
Restoration of features and vegetation may also be required due to damage done previously.
The BCP, Appendix B, discusses the circumstances under which the City sees it appropriate
to protect natural features and when they are inconsistent with urban development.
The US Supreme Court issued a decision which required the US Army Corps of Engineers to
reduce the scope of USACE regulations for wetland regulations. This decision did not
modify the City’s wetland regulation standards. A separate code amendment process
evaluated what changes to the City’s regulations were needed and text amendments to revise
processes and protections for wetlands and watercourses were adopted in fall 2024 and are
merged into the draft UDC text.
The allowance with the proposed regulations to increase allowed building heights in some
districts provides opportunity for more housing or other urban development without
increasing the amount of land used for development.
Water is a key requirement for any urban development. The City has several facility plans for
the acquiring, collection, treatment, transmission, and discharge of water back to the natural
environment. Each plan examines an element of the overall system. The City is subject to
many state and federal regulations for these purposes which establish minimum standards for
development and construction. Examples are DEQ Circular 1 (public water works), 70-17-
112 (prohibiting interference with canal and ditch easements), and the MS4 (stormwater)
permit. The City does not repeat those standards in its zoning as that would be duplicative
and potentially confusing or contradictory when state and federal standards are revised.
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The City’s water adequacy requirements (38.410.100), grading and drainage requirements
(38.410.080), municipal utility requirements (38.410.070), and standards for easement
(38.410.060) all are part of the zoning regulations that ensure water stays clean and goes
where it needs to go when needed. The City’s engineering design and specifications manual,
updated in 2024, provides greater details for the physical construction of pipes and
infrastructure.
The City also provides non-regulatory resources to help identify areas where development
may be challenging or unwanted. The online viewer for the Gallatin Valley Sensitive Land
Protection Plan provides robust data for many different subjects. This and other data helps
designers and landowners make more informed decisions before submitting applications for
development.
Map: The zoning map does not reach a level of detail to depict individual watercourses or
similar natural features. The zoning standards protecting the natural environment apply in all
zoning districts. Therefore, this criterion in not applicable to the map.
H. Avoids or minimizes dangers associated with natural hazards in the jurisdiction, as
identified in 75-25-209.
Criterion met.
Text: The City mapped the contours of the city as part of its ongoing GIS development and
data updates. This information is updated during the City’s regular air photos and related data
updates. Aerial photos have been updated in 2025 following a typical two-year cycle. The
City has few significant slopes that are not already developed. The most prominent
topographic feature is the Sourdough ridge which is mostly owned by the City as Burke Park.
Development on steep slopes, greater than 4:1, is prohibited unless the developer can
demonstrate they may be safely constructed (38.410.010.C).
The City participates in the development and application of the Gallatin County Hazard
Mitigation and Community Wildfire Protection Plan. This maps or otherwise identifies a
variety of hazards including earthquake, fire, and flooding and addresses protection
measures. The proposed regulation continues a long standing requirement for building
permits (38.700.100, adopted building codes, and Chapter 10, BMC). The City has adopted
the wildland urban interface building code appendix as authorized by the state to provide
protection to buildings constructed in this area. The City does not duplicate those standards
in the zoning regulations. The state prohibits zoning regulations that intrude into the subject
matter of building codes, which is reiterated in the MLUPA granted authority to adopt zoning
regulations. The City also plans for and monitors fire protection requirements (38.410.090).
Water is a common hazard in this area. Article 38.6 addresses protection of natural resources
such as floodplains, wetlands, and watercourses. The City has general mapping of these
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features. Many of the waterways in Bozeman are small and fall below the threshold for
FEMA mapping and floodplain analysis. The City has mapped features in the past and is
currently working on an upgrade to the data. Due to the precision of these features and
related development standards, more detailed mapping is required to be provided with
development so that the established standards may be properly applied. The standards require
protection or enhancement of natural features, habitat, plant communities, and other related
elements and avoidance of construction within floodplains. Other agencies such as the
Gallatin County Conservation District have legal responsibility to review permitting outside
of zoning for impact to water features. Identifying and protecting these water features avoids
conflict with human use and avoids or minimizes dangers.
Some lands may be unsuitable for development. The City limits development on those lands
and requires the natural environment to be protected consistent with other standards and the
potential development of the property (38.410.010). This standard does not require no impact
on a site but does require careful consideration of design. Primary natural hazards that can be
addressed in the UDC in the Bozeman area are flooding and the Article 38.6 provisions
largely address this concern. Earthquakes are beyond the control of the City but are another
concern primarily addressed through building codes. Known faults have been mapped and
these and other hazards were identified as part of the BCP data sets. Faults within the
planning area are to the NE along the Bridger mountains and are not within but are nearby
the City.
Many of the development standards adopted for daily operational function of the city also
address protection from natural hazards. Multiple points of vehicle and pedestrian access
support evacuation routes and alternative methods of travel, prevent blockages of emergency
vehicles due to congestion, and provide natural fire breaks. Looped water mains help ensure
adequate firefighting water flow and lessen the likelihood of loss of water availability. Parks
provide staging areas and rally points for persons and equipment responding to an
emergency.
Building code standards for fire resistance, ventilation, exiting, and other protection are not
changed with the new UDC, remain in place (Chapter 10, BMC), and will continue to protect
the public. The City has adopted the building code appendix for wildland urban interface.
The City adopts the building regulations under authority of the state and must follow the
standards adopted by the Department of Labor and Industry. The authority for building codes
is distinct from authority for zoning.
Map: The zoning map does not need to reach a level of detail to depict individual
watercourses or similar natural features. The zoning standards protecting from or minimizing
hazards apply uniformly in all zoning districts and therefore do not need to be included as
part of the zoning map. Presence of hazardous natural features may make compliance with
standards for infrastructure or other development needs difficult. Therefore, this criterion has
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limited applicability to the zoning map. The City shares the zoning map through the
Community Development viewer and Public Works viewer that allows the zoning map to be
viewed in conjunction with other data, including watercourses, contours, infrastructure of
various types, and many other topics.
Historically, some intensive development, such as portions of the B3 area along Bozeman
Creek, developed in areas that would not be acceptable today. Those properties are protected
by state law and municipal code as non-conforming structures. The map does include those
areas for the uses that exist there. Incremental improvements are pursued as opportunity
allows to improve safety.
The level of detail where physical hazards may be identified is usually much finer than suited
for a zoning map. Standards for safety from fire as discussed above do not lend themselves to
mapping in most cases. The City does map floodplains and makes that information available
but the need for site specific detailed surveys to establish a definitive boundary makes
floodplains not suitable for placement on the zoning map.
The standards described for the text will govern any development within a district shown on
the zoning map. The map only includes those areas the City has annexed and determined that
municipal services can be provided. Therefore, the protections necessary for safety from fire
and other dangers will also apply to the zoning map.
I. Determine whether the proposed zoning regulation, map, or amendment 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.
Criterion met.
Text:
1) Facilities and Services. The various issue plans addressing infrastructure and services each
identify a service area. This area is deliberately coordinated between the future land use map
and the infrastructure plans. Over time this planning area is adjusted so some differences in
outer boundaries is expected. The individual issue plans consider the existing and expected
future demands for service and identify needed improvements. The various plans or other
data supporting evaluation of this criterion are identified in Appendix B of the BCP.
Individual plans are routinely updated and each update refreshes the analysis. The latest
edition of each plan is used in review of proposed development.
The City’s land use plan planning area and future land use map cover a much larger area than
the City will require for expansion over the next 20 years, especially if policies encouraging
infill and redevelopment are productive. Each plan looks at the physical hardware and other
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items necessary to service the planning area. See for example Chapter 9 of the 2017 Water
Facility Plan which provides both maps and tables.
The City prepares an annual land use inventory for properties within the City. As of
December 31, 2024, 78% of the land within the City had already been developed.
As shown in the data from Appendix B of the BCP, much of the developed area of the City is
of recent construction and far from reaching obsolescence. The majority of the developed
areas of the city are less intensively developed than the existing zoning allows. Much of the
older areas have seen substantial renovation and reinvestment over the past 20-30 years and
are in good condition. It is difficult to assemble larger parcels for substantially more intense
development from diverse ownerships and the recent construction and good condition
increase costs of property acquisition. Therefore, although there is additional intensity
possible under the district standards of the new code, the practical likelihood of rapid
substantial intensification sufficient to cause non-conformity with this criterion in previously
developed low density areas is low. The proposed regulations establish a standard of 20%
increase above planned demand as being significant.
Redevelopment in urban renewal areas is actively encouraged, and the proposed regulations
will likely facilitate that change. Those areas are also a focus of infrastructure planning and
have unique funding sources available to install updated infrastructure. Plans are regularly
updated, and as new development occurs, whether greenfield or redevelopment, it will be
integrated into the planning. As a percentage change, the probable differences at a system-
wide level will be small. The City has developed robust computer models of water and sewer
systems and can evaluate the consequences of larger proposals as needed. The City monitors
flows and annually evaluates needed revisions and expansions as part of the capital
improvement plan adopted each year by the City Commission.
Considering greenfield development, the potential difference is less predictable as a property
owner could seek any zoning district allowed by the future land use map. The planning
process does evaluate future needs. As individual zone map amendments, subdivisions, or
site plans are proposed the City can evaluate the range of demand against what was
considered in the plan. This is a routine part of the development review process, and the City
may require additional information if needed to verify that the application is consistent with
planning documents. If the City identifies that an application is not in substantial compliance,
then additional information must be provided to identify impacts and analysis of mitigation
must be made available for public review.
Submittal of any application requires demonstration of compliance with adopted standards.
Specific application submittal materials are identified in Division 38.710. An applicant may
show compliance by indicating consistency between their proposed development and the
issue plan or other prior analysis provided. If there is a difference, then additional
information must be provided and made available for City and public review.
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The individual zoning districts included within the proposed draft do not materially increase
allowed development densities. For instance, the existing R1 district has a minimum lot area
requirement for a single detached home of 4,000 sq. ft. The proposed code does not include a
minimum lot area requirement. It does have a minimum density requirement of 10 dwellings
per net acre which is equal to individual lots of 4,356 sq. ft. The revised districts do provide
for a greater degree of flexibility of design and range of uses. However, personal housing
preferences and practical requirements will still constrain actual construction. Collectively,
for the city as a whole, the impact should be within the 20% threshold of significance. The
development potential analysis for the housing element of the BCP demonstrates that most of
the city has not developed to the existing limits allowed by zoning.
Division 38.710 establishes submittal requirements for zoning and subdivision applications
which provide data to demonstrate substantial compliance.
2) Natural resources, natural environment, natural hazards: The City has maintained and
carried forward standards, procedures, and requirements addressing these issues. As
discussed under Criteria G & H of this section of the staff report, the City has adopted
standards in place to protect against hazards. There are some places where development is
not appropriate. The City has established Article 38.600 to address the majority of these
cases. Building code standards for fire resistance, ventilation, exiting, and other protection
are not changed with the new UDC, remain in place (Chapter 10, BMC), and will continue to
protect the public. The City has adopted the building code appendix for wildland urban
interface. The City adopts the building regulations under authority of the state and must
follow the standards adopted by the Department of Labor and Industry.
Streets and other travel facilities must be provided which allow for emergency service access
(38.400) as well as daily travel. Provision of water for firefighting and sewers to remove
polluted water must be shown with application materials and required pipes installed before
building occupancy (38.410.070). Requirements to avoid floodplains and similar physical
hazards (Article 6) remain in place. Therefore, access by emergency services, suitable water
and sewer services, and other safety features are provided. Avoidance of hazardous areas
actively prevents hazards and no changes to those requirements are proposed. The City
updated standards for evaluation of wetlands in fall 2025 and those revised standards are
included in the text draft.
Map: The zoning map only applies within the municipal boundary. All properties within the
municipal boundary have been annexed. As part of the annexation process, the City must
evaluate ability to deliver municipal services either as is or after extension or expansion of
services. A zone map amendment to identify municipal zoning is done in conjunction with
the annexation. The map amendment provides a baseline degree of development against
which to evaluate probably future needs. Evaluation of the ability to extend or expand
services is based on the adopted issue plans. As discussed above, standards to protect from
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natural hazards are included in the text and apply to each zoning district. Therefore, the
zoning map meets this criterion.
Zoning Criteria – MLUPA 76-25-304(5)(d)
J. The governing body may not adopt or amend a zoning regulation or map unless
the governing body finds that:
(i) the regulation, map, or amendment is in substantial compliance with the land use
plan; and
(ii) the impacts resulting from development in substantial compliance with the
proposed zoning regulation, map, or amendment have been made available for public
review and comment and have been fully considered by the governing body.
Criterion met.
The analysis provided in A-I demonstrates compliance with these two requirements.
Subdivision Criteria – MLUPA 76-25-403
A. Whether the subdivision regulation or amendment to a subdivision regulation is in
substantial compliance with the land use plan and zoning regulations.
Criterion met. Primary compliance to the land use plan is done through zoning. The
subdivision process then implements the zoning. If the zoning is compliant then the
subdivision process is substantially compliant if it includes the process steps required by
MLUPA. See analysis above for discussion of zoning compliance with the land use plan.
The subdivision regulations focus on review process and survey requirements and do not
establish any standard in conflict with the zoning. The review processes follow state law
requirements and do not contradict zoning requirements.
B. Whether the subdivision regulation or amendment to a subdivision regulation
enables the development of projected needed housing types identified in the land use
plan and zoning regulations.
Criterion met. The subdivision process included in the proposed regulations complies with
the Montana Land Use Planning Act. The process ensures provision of infrastructure needed
to enable safe and efficient construction and occupancy of homes. The uses required in
MLUPA are assigned to zoning districts. The zoning districts establish many standards for
residential development. Divisions 38.400-38.420 address layouts for streets, easements for
utilities, parks, and similar subdivision features. Article 38.6 addresses hazards from water to
prevent injury to future homeowners and residents. Division 38.710 identifies the
information needed to demonstrate compliance with regulations so that a subdivision may be
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approved. Division 38.750 establishes the necessary procedures to review and approve new
subdivisions or alter existing ones.
All these elements make it possible to develop any housing, including the dwelling types
identified in the land use plan and zoning regulations.
C. Whether the subdivision regulation or amendment to a subdivision regulation
reflects applicable strategies from the land use plan and zoning regulations to
encourage the development of housing within the jurisdiction.
Criterion met. The compliance with the land use plan is shown in Section 3, Zoning Criterion
A. Housing development related elements include encouragement of development within the
city. This is bolstered by policies regarding timely and efficient extension of infrastructure
and maintenance of existing infrastructure.
The subdivision process is simplified by following the adopted zoning standards to avoid
development in hazardous areas as describe in Article 38.6.
The issue plans supporting the land use plan identify needed improvements for municipal
utilities and services. The issue plans look at expansion areas and potential impediments to
expansion. Identifying this information allows a subdivision to be designed in compliance
with planned standards and available services, avoid unnecessary process delays, and ensure
that future residents have adequate services.
D. Whether the subdivision regulation or amendment to a subdivision regulation
facilitates the adequate provision of public safety, emergency, utility, transportation,
education, and any other local facilities or services for proposed development, as
identified in the land use plan and zoning regulations.
Criterion met. The subdivision regulations require demonstration of compliance with
adopted standards. Sections 38.710.020 and 38.710.050 identify required information to
make that demonstration. The review authority may not approve subdivision until they have
made findings of compliance with the adopted regulations, see 38.750.090.
The issue plans supporting the land use plan identify needed improvements for municipal
utilities and services. The issue plans look at expansion areas and potential impediments to
expansion. Identifying this information allows a subdivision to be designed in compliance
with planned standards and available services, avoid unnecessary process delays, and ensure
that future residents have adequate services.
The City has programs outside of the UDC to encourage water conservation, transportation
demand management, and other actions that reduce demand from existing development and
lessen impacts from new development.
The zoning standards, issue plans, and other adopted standards and code ensure services will
be provided. See discussion under Section 3, Zoning Criteria. Existing law and MLUPA
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limits the ability of a local government to require a subdivider to contribute towards capital
facilities related to education, 76-25-413(2). Education trend data included with Appendix B
of the BCP show a low rate of increase demand for education facilities. The City does not
operate schools.
E. Whether the subdivision regulation or amendment to a subdivision regulation
reflects standards that provide for existing, new, or expanding commercial, industrial,
and institutional enterprises identified in the land use plan and zoning regulations for
economic growth.
Criterion met. The subdivision regulations require demonstration of compliance with
adopted standards. Sections 38.710.020 and 38.710.050 identify required information to
make that demonstration.
The land use plan and the issue plans supporting the land use plan identify improvements
needed to provide for existing, new, or expanding commercial, industrial, and institutional
uses. The issue plans look at expansion areas and potential impediments to expansion.
Identifying this information allows a subdivision to be designed in compliance with planned
standards and available services, avoid unnecessary process delays, and ensure that future
businesses and other land users have adequate services.
No element of the subdivision regulations limits the uses allowed by the zoning districts. The
zoning standards, issue plans, and other adopted standards and code ensure services will be
provided. See Zoning Criterion E.
F. Whether the subdivision regulation or amendment to a subdivision regulation
protects and maximizes the potential use of natural resources within the area, as
identified in the land use plan and zoning regulations.
Criterion met. The standards for natural resource use are part of zoning. Areas for natural
resource extraction are unlikely to be subdivided which is usually a precursor to development
with urban development buildings. Furthermore, there are currently no mining, forestry, or
other resource extraction activities occurring within the City. The City generally protects
agriculture and soils by providing an urban location where more land efficient development
can occur, thereby reducing lower density, more land consumptive development. A tract
could be created through subdivision for use as an urban farm as defined. That would be an
application of the zoning and not be materially affected by the subdivision process. The
choice to pursue subdivision is made by the landowner. The landowner determines what will
maximize their use of the land.
The zoning standards, applied during the subdivision review process, require contact and
coordination with agricultural water user facility owners and users. Modification to such
facilities much be coordinated with and approved by the owners and users according to state
law.
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G. Whether the subdivision regulation or amendment to a subdivision regulation
contains standards that minimize or avoid impacts to the natural environment within
the area, as identified in the land use plan and zoning regulations.
Criterion met. The subdivision process implements zoning. The proposed zoning restricts
development, including division of land, in areas not suitable for development, such as a
floodplain. Detailed information must be provided as required in 38.710.050 to demonstrate
compliance with zoning. See also Zoning Criterion G above for description of the zoning
standards which require identification of and establish separation standards from wetlands
and watercourses or require mitigation of impacts. Article 38.4 also contains standards,
implemented through the subdivision process, to address protection from pollution of water,
control of stormwater, and actions consistent with this criterion.
H. Whether the subdivision regulation or amendment to a subdivision regulation
contains standards that avoid or minimize dangers associated with natural hazards in
the jurisdiction, as identified in the land use plan and zoning regulations.
Criterion met. The Montana Land Use Planning Act relies on zoning to establish standards
for development which subdivision review then implements. The platting process is
predominantly a surveying exercise to establish boundaries of tracts, establish parks, and
right of way. The proposed plat application must demonstrate compliance with adopted
zoning standards. The proposed zoning restricts development, including division of land, in
areas not suitable for development, such as a floodplain or excessively steep slopes. Detailed
information must be provided as required in 38.710.050 to demonstrate compliance with
zoning at the time a preliminary plat is reviewed. See also Zoning Criterion H above.
I. Whether the subdivision regulation or amendment to a subdivision regulation
results in new or increased potential impacts to or from local facilities, services, natural
resources, natural environment, or natural hazards from those previously described
and analyzed in the assessments conducted for the land use plan and zoning
regulations.
Criterion met. The platting process is predominantly a surveying exercise to establish
boundaries of tracts and right of way. The proposed plat application must demonstrate
compliance with adopted zoning standards which are adopted to ensure impacts are avoided
or addressed.
Submittal of any application requires demonstration of compliance with adopted standards.
Specific application submittal materials are identified in Division 38.710. An applicant may
show compliance by indicating consistency between their proposed development and the
issue plan or other prior analysis provided. If there is a difference, then additional
information must be provided and made available for City and public review.
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Standards for development established with zoning such as the requirement to connect to
municipal utilities (38.410.070) address the ultimate impacts from construction that follow a
platting process. The City has established other standards for utility operations and
infrastructure construction outside of Chapter 38 as well as those adopted by zoning.
Therefore, the subdivision process does not alter the standards adopted to address these
issues. See also the Zoning Criterion I.
SECTION 4 – FUTURE LAND USE MAP CORRELATION WITH
ZONING
Chapter 3 | Future Land Use of the Bozeman Community Plan, establishes the future land use
map, describes the land use designations shown on the map, and identifies which zoning
district implements which land use designation. The following excerpts from the BCP
describe the relationship.
“Future land use is the community’s fundamental building block. It is an illustration of
the City’s desired outcome to accommodate the complex and diverse needs of its
residents.”
“The land use map sets generalized expectations for what goes where in the community.
Each category has its own descriptions. Understanding the future land use map is not
possible without understanding the category descriptions. Land use categories are not
regulatory. Each category description can be implemented by multiple zoning districts.”
“The Future Land Use Map for the Planning Area is an indispensable part of this Plan. It
utilizes ten land use categories to illustrate and guide the intent, type of use, density, and
intensity of future development.”
“Land use categories are not regulatory in and of themselves. The Correlation with
Zoning table shows the existing zoning districts that implement the intent of each
district.”
The proposed regulations change the names of some zoning districts, delete others, and
creates a zoning district. The intended correspondence between the new and old districts and
the future land use designations is important to establish as compliance between the future
land use map and zoning map is required. Two images follow. The first shows the existing
BCP Table 4 using the existing zoning district names. The second shows the same BCP
Table 4 from the recently adopted technical compliance update future land use designations
but associates the new names. This description is not an amendment to Table 4 but an
illustration of how the updated zoning districts implement each future land use category.
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Existing Correlation with Zoning
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Proposed Correlation with Zoning
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SECTION 5 - IMPLEMENTATION
Sequence – When the City Commission approves an Ordinance that changes land use rules
there is a two-stage adoption period. First, an ordinance must be approved two times with a
minimum of 12 days between them. The initial approval is called provisional adoption, and
the last approval is final adoption. Minor changes may be made to an ordinance between the
two actions such as punctuation and numbering, correction of misspellings, or similar small
items. The 12-day separation requirement means that the approvals happen at two
Commission meetings, which are usually two weeks apart. Second, the ordinance has a set
effective date which is a minimum of 30 calendar days after the second approval. The
Commission may extend the effective date for many reasons, such as to provide time for
community education on the ordinance, provide time for revision to administrative tools like
application forms, or to have the transition occur at a time seen as enabling a smoother
transition.
Project Review – The City receives hundreds of applications for land use review every year.
Inevitably, there are some that are mid-process when the effective date of an ordinance
occurs. The process for completing these reviews recognizes that changing the rules mid-
review causes problems. The City has established in current and proposed code a clear line
for when an application carries through on an earlier set of regulations and when they must
comply with the new application. In the new code this is referred to as a “complete
application”. A complete application means that an application contains the needed materials
for the City to process the application, including any application fee. The Development
Review Committee (DRC) is the entity in the review process that determines if an application
for a site plan or subdivision is complete. The DRC are the staff technical experts who can
evaluate whether necessary data to determine if an application meets the code standards has
been provided. A determination that an application is complete does not mean an application
will be approved, only that the necessary information has been provided for the review.
If an application has been deemed complete, then the review process follows the regulations
in place on the date it is deemed complete. This includes noticing of the application, who
makes the decision, how long an application may be approved for, and the criteria of
evaluation in the review. Therefore, any application deemed complete on or after the
effective date of the new UDC will follow the new processes and standards.
Text and Map Availability – The City shares its municipal code to the public through a web
host called Municode. This company will take the new UDC document and integrates it with
the entire municipal code and adds hyperlinks so that it can be searched, browsed, or
downloaded as a Microsoft Word file. The new UDC is a large document, and it may take
several months for all this work to be completed. The UDC document once adopted by
ordinance will continue to be available through the Engage Bozeman project website until
the Municode website has been updated and is functional.
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The Zoning Map is created and maintained by the City’s Geographic Information Systems
(GIS) division. Once the ordinance adopting the new map takes effect, the GIS division will
make it available to the public integrated into the Community Development web viewer and
the Public Works web viewer. These web viewers allow the user to see the zoning map in
conjunction with many other related data sets such as air photos, infrastructure locations,
floodplains, the future land use map, historic structures data, recent annexations, and projects
under review. Because the City directly controls the zoning map, the new map will be
available the day the new UDC is effective.
APPENDIX A - DETAILED PROJECT DESCRIPTION AND
BACKGROUND
The Bozeman Community Plan 2020 was adopted in November 2020. It is the City's plan for
land use and development. The City hired the code development firm Clarion to conduct an
audit of the existing development regulations, and their final report was completed in 2021.
On December 21, 2021, the City Commission adopted Resolution 5368 [External Link PDF].
The resolution established priorities for municipal actions over the next two years. Priorities
include replacing the Unified Development Code to “facilitate increased housing density,
housing affordability, climate action plan objectives, sustainable building practices, and a
transparent, predictable and understandable development review process.” The City
Commission budgeted funds for the work and a contract with Code Studio was completed in
June 2022 to support the City in changing regulations.
In the summer of 2022, the City of Bozeman brought together a team of city staff and
consultants to revise the city’s Unified Development Code (UDC). Their charge was to focus
on improving usability of the code, modernizing and cleaning up regulations, and
implementing the goals of the city’s adopted plans and policies.
On June 28, 2022, the Commission formally initiated the development code update by
approving the Professional Service Agreement between the city and the consultant team. The
Professional Service Agreement [External PDF] is a part of this report.
Bozeman implements land use planning, subdivision, and zoning as authorized by the State
of Montana and adopted existing regulations under the laws in effect at the time. The
Governor signed Senate Bill 382 [External PDF], the Montana Land Use Planning Act (the
Act, or MLUPA) on May 17, 2023. The state later amended MLUPA through Senate Bill 121
and others in the 2025 legislature. The Act changes the legal framework for land use
planning, subdivision, and municipal zoning. Bozeman must follow the Act in its planning,
subdivision, and zoning activities. The state has not yet published the updated laws codified
for actions taken by the 2025 legislature.
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Bozeman already uses many of the MLUPA required practices as part of its daily activities,
but some changes were needed to fully implement the bill. A summary is in Attachment 4,
and the full text of the Act is available through the State of Montana website. Key elements
of change from the Act include:
1. What state enabling legislation applies for updated and future regulations.
2. Changing processes and manners of public participation.
3. Required content and extent of planning information to be prepared.
4. Process changes for amendments to zoning map, regulations text, and land use plan.
5. Changes to development review processes and approval authority for subdivisions
and zoning projects.
6. Changes to review processes for variances and appeals.
Following the adoption of MLUPA, the development code process has been adjusted to
account for the new requirements of the Act.
A project website [External Link] was created on August 11, 2022, to provide continuous
information to the public, accept public comment, and support interaction and discussion on
ideas. The City Commission conducted six work sessions in 2022-2023 to evaluate issues
and give direction. Five more work sessions were conducted in 2024-2025 to review and
consider public input and determine revised direction in response to the comments.
Summaries of those meetings and links to related information are available at the project
website.
The proposed regulations and enacting ordinance that are the subject of this staff report will
repeal the entire Unified Development Code (UDC), Chapter 38 BMC and replace it with a
new UDC. The repeal and replacement includes both the text of the UDC and the City’s
zoning map. Major areas of changes with the UDC replacement include:
Compliance with state law - These are primarily process changes and are discussed in
the attachment regarding MLUPA, Attachment 4.
Layout and usability enhancements including changed organization, layout, and
increased graphics.
Consolidation of residential districts.
Sustainability including urban agriculture allowances, support for recycling and
composting, clarification of provisions for solar energy, support for construction of
additional housing, efficient land use, local service commercial, walkability, and
bicycle facilities.
Revisions and simplification for non-residential parking including some removal of
parking requirements.
Revisions to requirements for transportation studies and standards.
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During the public review process, it became necessary to reestablish a prior code distinction
including fraternities and sororities as part of the group living land use and its assignment to
zoning districts. That action is included in the draft document and is called out in the
published public notice.
Extensive outreach and engagement with the elected officials, community members, and
advisory boards informed the creation of the draft code. As part of this effort, the UDC team
worked to broadly engage the public across Bozeman in order to better understand the
priorities of the city’s residents, their concerns and interests related to development, and the
unique issues Bozeman faces as the city continues to grow and change. A summary report of
the project engagement efforts over the first stage of the UDC update accompanies the code.
This Engagement Report [External PDF Link], analyzes the hundreds of comments received
at in-person and virtual engagement opportunities throughout the fall of 2022 and spring of
2023. This report seeks to summarize the findings of the UDC team’s engagement efforts
throughout the duration of the project. These efforts were focused on five types of
engagement:
Intercept activity;
Focus group meetings;
Consultation with City advisory boards
Public work sessions (primarily City Commission and Community Development
Board); and
Code Connect online information sessions.
The City conducted continuous and varied outreach to the public on the code update,
including a series of open houses, public hearings, public meetings (virtual and in-person),
and other outreach events. See summary in attachment 5.
As the work moves into the formal public review and decision process the City continues
engaging with the public, with a series of public meetings to provide an overview of the draft
text and map; public hearings are scheduled and advertised through multiple channels.
Interested persons can review the recordings and minutes of previous meetings and attend in-
person or virtually to participate in upcoming meetings.
The initial primary input for the UDC update and replacement came from the adopted land
use plan, Community Housing Action Plan, utility plans, and Climate Action Plan; each of
which had their own substantial public outreach and engagement efforts. Information on the
City Commission work sessions is available through the project website,
engage.bozeman.net/udc [External link] and the City’s meeting video archive [External link].
A list of meetings is attachment #5.
Chapter 1 of the Bozeman Community Plan includes a section titled “To Grow Or Not To
Grow, If So How?” This section considers the question of whether or not the City should
continue policies encouraging development within City limits. Several different related
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issues are discussed, and the conclusion is that construction within the City is a better
outcome.
The City has had zoning since 1934. The City has replaced the entirety of its zoning
regulations sixteen times since then and completed over 250 individual amendments to the
text. These regulations have developed over time as the City has grown from 6,855 in 1930
to over 58,000 today. The City Commission and Staff identified a need for a substantial
revision to the zoning regulations to implement the Bozeman Community Plan 2020, Climate
Action Plan, Community Housing Action Plan, Neighborhood Conservation Overlay District
policy direction report, and other Commission priorities.
Affordable housing is a long-standing community concern. It was first addressed in the 1972
Master Plan for the community and then in all subsequent community land use plans. Several
reports, studies, and plans including the Community Housing Action Plan and the One
Valley Community Foundation, Gallatin County Regional Housing Study, document the
need for housing and the challenges in providing housing at costs affordable to residents. The
state legislature has limited the tools the City has to support affordable housing construction.
The City is required to use incentives to encourage construction rather than mandating. The
City replaced its affordable housing standards and processes in Fall 2022 to reflect the
incentive-based approach.
The City has several ongoing efforts to support creation of housing overall including:
supporting and completing infrastructure construction,
development review of-right rather than as discretionary review, except where
required by state law,
use of tax increment financing in support of housing,
general fund support for affordable housing projects, and
many others.
The City consistently reviews and updates regulations to keep them relevant and effective.
Over the past 30 years, the City has increased allowed development intensity and removed
possible cost barriers by the following and other actions:
reduced standards such as land area per home by up to 60%,
reduced setbacks from property lines by as much as 58%,
removed requirements for minimum home sizes,
increased maximum allowed heights,
authorized accessory dwellings for all residential zoning and reduced standards
related to accessory dwelling several times,
simplified landscaping standards and encouraged lower water use plantings,
approved dozens of zone map amendments to allow more intensive uses, and
simplified review processes.
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Despite this work and other long-standing effort by the City and others, the cost of housing
has continued to escalate, especially compared to wages. Data on current housing costs is
available in the BCP Appendix B. The gap between cost of construction and wages is not
limited to Bozeman city limits. The One Valley Foundation prepared a housing study in 2021
looking at the entire county and affordable housing issues. Across all housing types and
locations, they found consistent gaps in available wages and cost of construction. This
condition continues.
Creating code requires balancing of many priorities. Code development is an ongoing
process as laws change, new issues are identified, new issue plans are adopted, and
community needs change. Code work occurring separate from this UDC replacement but
located within Chapter 38 includes:
1. Short Term Rentals (completed 2023),
2. Revisions to water conservation standards (completed 2024),
3. Revisions to wetland protection standards (completed 2025),
4. Updating of standards relating to parks and active transportation following
completion of the Parks Recreation and Active Transportation plan adopted on
September 12, 2023, - ongoing, and
5. Review and revision of historic preservation program and standards (Landmark
program - ongoing).
APPENDIX B - ADOPTED PLANS & RESOURCES
The City of Bozeman actively manages its infrastructure. Bozeman has been planning for
change in the community for decades as evidenced by the number and comprehensiveness of
adopted issue plans referenced in each land use plan the City has adopted, including the
Bozeman Community Plan. Documents are hereby referenced and included with this report
for support and justification of adopted standards. See Bozeman Community Plan Appendix
B.
The planning area for each issue plan generally matches the planning area for the land use
plan. Minor mismatches do occur at fringe locations. Over time, these will be corrected as
each plan is updated and matched to the land use plan boundary. The water plans rely on
geographical features and facilities located well outside of the land use planning area. This is
reflective of the realities of watershed operation.
Each plan contains analysis of existing and future needs. For detailed evaluation of each plan
please consult the appropriate issue plan. Some facilities, such as transportation, address the
demands placed by many thousands of daily commuters and of persons passing through the
community. Others, like stormwater, primarily address needs by residents. A comparison of
individual plans will therefore show differences in the size of anticipated service populations
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now and in the future. MLUPA requires advance planning for a wide range of infrastructure
and services.
APPENDIX C - NOTICING AND PUBLIC COMMENT
Hearings: Notice for adoption of zoning and subdivision regulations must meet the standards
of state law. Notice was published in the Bozeman Daily Chronicle newspaper on Saturday
9/20/2025, 10/4/2025, 10/11/2025, 10/25/2025, 11/08/2025, and 11/15/2025. Saturdays were
selected for publication as they have the greatest circulation and will reach the most people.
The City exceeded the number of notice publications required. Hearing dates are provided on
page 1 of this report.
The notice, draft text, and draft zoning map were provided through the City’s Engage
Bozeman project website. Notice of the public hearing was provided at least 15 business days
before the public hearing before the Community Development Board and City Commission
hearings. All notices advised dates and times and methods for submittal of comment, access
to subject matter, content of proposed revisions, and other information. These notices were a
continuation of an extensive public engagement effort for the project as described and
supported by the project website [External link].
Other meetings and engagement: Throughout the project the City conducted many events
and tools to connect with and learn from the public. Neighborhood association presentations,
INC, advisory boards, surveys, workshops, open houses, intercept activities, single topic
brochures soliciting input, webinars, and other tools were all used. The tool most used was
the project website. As of November 20, 2025, the website had received 38,396 visits since it
went live on August 11, 2022.
The City advertised and held two public open houses (in-person and virtual) to aid the public
in being aware of and to understand the current draft after its release on September 19th.
Introductory presentations were also made to the City Commission and the Community
Development Board. Work sessions with both bodies were held to enable members to ask
questions and further understand the proposed text and map, and the public was able to attend
and learn as well. A list of public events throughout the project is attached to the
Commission’s packet for the public hearing.
Comment: Written comments have been submitted through the City’s public comment email
comments@bozeman.net or to the City Clerk, PO Box 1230, Bozeman MT 59771 throughout
the entire project. Submitted written comments are available through the Laserfiche archive
[External link]. As comments are received, they are placed in the project folder in Laserfiche
and become immediately available to anyone. Comments are grouped by year and on specific
topics within the larger subject of the UDC update. Links to comments by year follow.
• 2022
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• 2023
• 2024
• 2025
Oral comments may be offered at public hearings and meetings. Recordings of each public
hearing in the review will be made and hosted through the City’s video archive [External
link] on the municipal website. All received written and recorded comments will move
forward during the review processes to all decision makers.
In addition to written comments, the City received input from many different sources during
the public engagement process. Summaries of intercept activities, topic brochures, surveys,
open houses, and other tools are available under the Presentation and Participation Materials
section of the project website, https://engage.bozeman.net/udc and are included by this
reference in the materials for the Commission’s consideration.
Response to comments: The input from the community was carefully considered. At
community request, the City Commission extended the project review period and expanded
public input opportunities. The City Commission held five work sessions in 2025 to
specifically review community input and provide direction to staff. The draft text and map
were revised based on that input and the updated materials made available for further public
review.
Work sessions were held by the Community Development Board and City Commission to
review the proposed text, ask questions, and be informed in advance of the public hearings.
The public was able to attend and comment.
The Community Development Board carefully considered public input and recommended
numerous revisions to respond to issues raised by the public. See the meeting recordings and
minutes for details. A summary of recommendations is also provided in the project folder
referenced in the Attachments section below.
Examples of revisions resulting from public comment include: changing which districts were
consolidated into the new RA district, number of dwellings per structure allowed in the RA
and RB districts, changes to how building heights are measured, limitations on wall plate
heights, requirements for documentation on trees and agricultural water user facilities during
development review, revisions to the boundaries and designations on the zoning map,
revisions to zone edge transition requirements, clarifications of referenced documents,
expansion of commercial services in the RB and RC districts, and definition and standards
for fraternities and sorority house.
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APPENDIX D - APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
Funds for the code replacement have been budgeted and committed by contract.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Supporting documents and information are attached to the agenda packet or available through
the project folder in Laserfiche.
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REVISED NOTICE OF PUBLIC HEARINGS TO REPEAL AND ENTIRELY REPLACE CHAPTER 38,
UNIFIED DEVELOPMENT CODE, OF THE BOZEMAN MUNICIPAL CODE.
What: The City of Bozeman gives notice of public hearings to consider the entire replacement of
the Unified Development Code (UDC), Chapter 38 BMC. The replacement includes both the text
of the code and the zoning map. The UDC establishes the procedures and standards for review,
development, and redevelopment of land within the City. Details are provided below. The
complete text of the proposed revised UDC and zoning map are available at the project website,
engage.bozeman.net/udc.
Why: The revised UDC continues implementation of the City’s adopted land use plan, housing
plan, sustainability plans, and other issue plans. Improvements for user convenience such as
increased graphics, simplified language, and document reorganization are also included.
Additionally, the 2023 Legislature adopted a new legal framework for land use planning and
regulation that applies to Bozeman and completely replaces the laws that governed earlier
regulations. Bozeman must update and replace its regulations to comply with the new Montana
Land Use Planning Act, along with the UDC updates referenced above which have been underway
since 2022.
Bozeman’s land use plan and supporting issue plans address how the City of Bozeman intends to
grow, the impacts of development and various ways to avoid or mitigate impacts of additional
development. The City encourages early public participation during development and adoption
of plans and regulations. The Montana Land Use Planning Act further emphasizes public
involvement during the policy-making stage and creation of regulations more than during
development permitting. The Act establishes that all site review is an administrative review and
decision and specifies methods and timing for public comment on individual applications.
Public comment opportunity focuses on compliance with adopted standards and whether
impacts were previously addressed during adoption, amendment, or update of the land use
plan, zoning regulations, or subdivision regulations, or as part of the individual application.
Zoning and subdivision regulations must be consistent with the City’s land use plan and other
adopted issue plans.
When and Who: On Monday, November 3 and 17, 2025, at 6:00 p.m., the Planning Commission
will conduct public hearings to receive public testimony and consider a recommendation on the
replacement of Chapter 38, Unified Development Code, in the Commission Room at City Hall, 121
N. Rouse Ave. Bozeman MT. The Community Development Board is the appointed planning
commission as of this notice. Members of the public may also be able to participate remotely via
a virtual platform. Instructions for joining the virtual meeting will be included on the meeting
agenda which is published on the City’s website at least 48 hours prior to the meeting. The
agenda is available at https://www.bozeman.net/home under the Events section.
On Tuesday, December 2, 2025, at 1:00 p.m., the City Commission will conduct a public hearing
to receive public testimony and consider possible adoption of the replacement of Chapter 38,
Unified Development Code, in the Commission Room at City Hall, 121 N. Rouse Ave. Bozeman
MT. Members of the public may also be able to participate remotely via a virtual platform.
Instructions for joining the virtual meeting will be included on the meeting agenda which is
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published on the City’s website at least 48 hours prior to the meeting. The agenda is available at
https://www.bozeman.net/home under the Events section.
How: The replacement will be implemented by adoption of an ordinance by the City Commission
after receiving a recommendation from the Planning Commission, considering public comments,
and considering the criteria for adopting regulations under the Montana Land Use Planning Act.
The regulations must be consistent with the adopted land use plan (the Bozeman Community
Plan), and associated issue plans, which are the basis for implementing regulations. The final
adoption document and zoning map will include all items included in this code and map update
and any other amendments that have independently completed the adoption process after this
notice.
The public may comment orally at the public hearings or in writing at or prior to the public
hearings regarding compliance of this application with the authority and required criteria
established in the Montana Land Use Planning Act, 76-25-301, 76-25-304, 76-25-401, and 76-25-
403, MCA. Comments should identify the specific criteria of concern along with facts in support
of the comment. During the notice period the City will continue review the proposed
replacement UDC for compliance with applicable regulations, refine language in response to
public comments, and provide analysis of criteria and comments.
The Planning Commission must provide a recommendation on the proposal. As part of their
recommendation, they may suggest alternate text or zoning map designations from what is
initially included in the public review draft.
The City Commission will also hold a public hearing to consider the proposed replacement UDC.
The City Commission may act to approve, modify, or reject the proposal or continue the public
hearing to another date. The City Commission may revise any of the proposed actions referred
to in this notice during the public hearing process.
The complete text of the proposal and draft zoning map is available through the project website,
engage.bozeman.net/udc, or in print at the Department Community Development, 20 E Olive
Street, Bozeman MT 59715; 406-582-2260. The proposal may be revised as the public review
process proceeds.
The City invites the public to comment in writing and to attend the public hearings where oral
comments may be provided. Comments may be emailed to comments@bozeman.net. Written
comments are encouraged and may be directed to City of Bozeman, City Clerk, PO Box 1230,
Bozeman, MT 59771-1230 or emailed to agenda@bozeman.net. Please reference Application
21381 in all correspondence.
For those who require accommodations for disabilities, please contact the ADA Coordinator
David Arnado, at 582-3232.
Details: The proposed text and map are complete replacements of all previously adopted text
and zoning maps. There will be differences in zoning districts, allowed uses, development
standards and processes, and the zoning map. Many elements of the proposed and existing
regulations and zoning map are similar if not identical. However, to implement policies from
adopted planning documents, like the Bozeman Community Plan, and the new legal framework
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established by the Montana Land Use Planning Act, many proposed elements are different. Key
differences are identified below. This is not an exhaustive list because the changes are too
numerous to list individually, and everyone is encouraged to study the entire document and
zoning map to understand the full scope and nature of the new regulations. The new materials
reflect text and map amendments approved by the City Commission but not yet codified.
Formatting, layout, and organization – These proposed changes are unique to Bozeman’s UDC.
All reference numbers below are to the locations in the proposed draft.
•Each zoning district is portrayed in two parts, one part for lot information, and one part
for building information with key standards identified at a high level. See divisions 38.210,
38.220, 38.230.
•The key standards in each district are connected by hyperlinked references to Rules of
Interpretation which provide additional details applicable to each standard. See for
example section 38.210.020.
•Increased use of graphics to illustrate standards. See for example section 38.260.110.
•Wording is revised to be less technical and formal.
•Document has been reorganized to place administrative processes at the end and district
and use information in the beginning. See Article 7 for administrative processes.
Changes to Processes – These process changes are a result of changes in state law.
•Administrative decision maker assigned to all site development review and decision
making, including variances and preliminary plats, instead of the City Commission, and
removing requirements for public meetings prior to decision but maintaining public
notice and comment opportunities in some circumstances. See section 38.700.010.
•Replacement of criteria required for adoption or amendments to the UDC text or zoning
map. The criteria previously used to evaluate additions or changes to the UDC, under
Montana Code Annotated 76-2-304 no longer apply and the state has removed the
protest provisions for zoning amendments. See division 38.770.
•Administrative appeals process is changed and now has two steps, first an administrative
decision may be appealed to the planning commission and second, a decision of the
planning commission may be appealed to the city commission. See section 38.760.030.
•Public notice of individual site development projects and opportunity to comment has
been modified to comply with state law which sets specific timing and methods of
participation; public comment on site developments will be in writing, the time period for
public notice and opportunity to comment for text and map amendments increases and
continues to have public hearings. See division 38.730.
•Review of individual site development or subdivision no longer includes advisory body
input. See divisions 38.740 and 38.750.
Changes to Development Standards and Zoning Districts – These are in part a result of changes
in state law and in part implementation of local adopted policies.
•The City has renamed most residential districts to avoid confusion with the same terms
being used for different purposes in the building code. An important change is
consolidation of the existing RS, R1, and R2 zoning districts into the new R-A zoning
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district. R3 is renamed to R-B, R4 is renamed to R-C, and R5 becomes R-D. The RMH district
is entirely deleted/ See sections 38.200.020 (lot and building standards) and 38.300.020
(uses within each zoning district) for the new standards.
•The names and definitions of most residential uses have been changed to match with
definitions used in state law. See section 38.300.020 and article 8.
•Deleted the R-O and UMU zoning districts. These districts were replaced on the zoning
map by best fit alternative districts and vary by location. See section 38.200.020 and the
zoning map.
•The number and type of zoning districts, along with allowed land uses have changed. See
divisions 38.200 and 38.300.
•Removed a requirement that residential lots have a minimum size per home. See division
38.210.
•The minimum residential density in residential districts increased, some exceptions to
compliance are provided for existing lots. See division 38.210 and section 38.260.030
•Parking for everything except housing – The requirements are simplified, mixed uses
given more flexibility, and the required quantity of parking generally is decreased. Some
areas no longer require minimum parking, several alternatives to providing vehicle
parking have been removed, including the former SID 565. Parking categories will be
consistent with the names of land uses. Standards for physical configuration of parking
have few changes. Parking has a two-stage implementation to coordinate with state law
changes adopted in 2025. See sections 38.300.020 and 38.530.040.
•Parking for housing – The requirements are modified in a two-stage implementation to
coordinate with state law changes adopted in 2025. Minimum parking requirements in
the second stage is substantially reduced to conform with state law. See sections
38.300.020 and 38.530.040.
•Short and long-term bicycle parking standards are established that replace the existing
requirements that previously linked bicycle parking amounts to the number of motor
vehicle parking spaces. See section 38.530.070.
•Revised building heights in zoning districts and added a new standard, Wall Plate Height
to the RA and RB residential districts, the NEHMU district, and the new B3C district to limit
building massing. Building heights primarily stayed the same as allowed previously except
in the B3 district which increased. See section 38.210.020, 38.210.030, and 38.220.060
and 38.220.080. See 38.260.100 also.
•Revised the building height transitions between zoning districts. Require a greater
number of circumstances for a building height transition to provide a less abrupt
difference in building heights between adjacent zoning districts. See section 38.260.070.
•Replace the information required with a transportation impact study, modify functional
standards for how streets are allowed to carry traffic, and revise mitigation criteria and
methods for when development must off-set the impacts on streets from additional
development. See sections 38.400.060 and 38.710.050.
•Merge most development standards previously presented as Block Frontage in the
existing Article 5 into the individual zoning district standards and the associated rules of
interpretation Article 2 and Division 38.520.
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Changes to the zoning map – A zoning map must implement the future land use map from the
Bozeman Community Plan and shows where the standards described in the text apply.
•The R-O and UMU districts were deleted from the zoning text. This requires replacement
of the R-O and UMU zoning districts on the zoning map with alternate districts. Due to
the many different locations, uses, and future planned uses where R-O used to be, the
replacement zoning districts vary by location.
•Creation of the B-3C zoning district to reflect the unique building characteristics and
historic nature of the area generally located between the alleyway north of Main Street
and Babcock and between Grand and Rouse.
•Show the RA district (consolidation of the previous RS, R1, and R2 districts) on the zoning
map.
•Show the RB (renamed from R3), RC (renamed from R-4, and RD (renamed from R-5)
districts.
•Apply the Public Land and Institutions (PLI) zoning district for all parks and schools which
were previously shown as other zoning districts.
•The B-2M zoning district replaces most areas of B2 along the Main Street corridor, at Kagy
and S 19th, the corner of Baxter and Davis, along College Street, and other select locations.
•Replacement of the RMH district with RA district.
•Revisions to correlate the zoning map to the future land use map of the Bozeman
Community Plan and to correct midblock zoning boundaries.
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Unified Development Code Update Group Engagement
Events and Tools (chronological)
All meetings of the City Commission, Community Development Board, or other advisory board
have minutes and video of the meeting available online. Go to Past Meetings, choose the entity
you are interested, then choose the year tab and scroll to the meeting date you are interested in.
2022
8/11/2022 Engage Bozeman website for project goes live
Website provides summary of actions, engagement opportunities and outcomes, tool for comment
submittal, and other functions continuously throughout the project.
9/12/2022 Stakeholder Meeting (Designers)
Attendees: 8
9/12/2023 Community Development Board Work Session #1
Discussion of project overall approach, outreach, formatting
9/13/2022 Stakeholder Meeting (Real Estate Producers)
Attendees: 8
9/13/2022 City Commission Work Session #1
Formatting and layout recommendations and direction
10/13/2022 Inter-Neighborhood Council #1
Present overview of project, introduce public outreach tool of brochures technique and receive input on
issues. Attendees not listed.
10/14/2022 Intercept Activities by Interboro
In person outreach, Soroptimist Park and Regional Park.
10/15/2022 Intercept Activities by Interboro
In person outreach, MADE Fair – Breeden Field House, Langhor Gardens, Peets Hill.
10/17/2022 NENA Meeting
Northeast Neighborhood Association, Attendees: 8
10/18/2022 Design Professionals call (with City staff)
42 Persons attended
10/18/2022 City Commission Work Session #2
Residential districts recommendations and direction
10/19/2022 Intercept Activities by Interboro
In person outreach at sites at Winter Farmers Market.
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10/24/2022 Intercept Activities by Interboro
In person outreach at sites across the City. See separate report for outcomes. Work is ongoing.
10/27/2022 Code Connect #1
Public e-meeting to present summary of Commission direction on residential districts and have public
question and answer.
11/7/2022 Community Development Board #2
Presentation on work done to date. Residential districts.
11/15/2022 City Commission Work Session #3
Sustainability recommendations and direction
11/21/2022 Community Development Board #3
Presentation on work done to date. Sustainability.
11/30/2022 MSU Stakeholder Engagement Course (Prof. Sarah Church)
Dani conducted intercept activity and presented on project outreach efforts with MSU students.
12/1/2022 Code Connect #2
Public e-meeting to present summary of Commission direction on sustainability and have public
question and answer.
12/03/2022 Intercept Activities by Interboro
In person outreach Downtown Christmas Stroll
12/14/2022 Sustainability Advisory Board Meeting
Discussion of Commission direction on sustainability, EV charging, and urban agriculture
12/20/2022 Online Project Surveys
Begin release of surveys on individual topics to coordinate with intercept activities. Staged releases of
many different topics.
2023
1/9/2023 Community Development Board Work Session #4
Residential Districts recommendations, direction from Commission, and further refinement.
1/30/2023 Northwestern Energy Stakeholder Meeting
Discussion on adequacy of existing standards, requirements for service and meters and how to address,
EV impacts on site design.
2/1/2023 Economic Development Advisory Board Work Session
Possible changes to parking requirements.
2/14/2022 City Commission Work Session #4
Non-residential and mixed-use zoning districts and transitions
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2/15/2023 Historic Preservation Advisory Board (HPAB)
Overview of purpose of the code, the current project, engagement to date, transitions.
2/17/2023 Affordable Housing Stakeholder Group Meeting
Discussion of UDC-related impacts on affordable housing development in current and proposed codes
2/21/2023 Design Professionals call (with City staff)
Overview of transitions and commercial districts. 30 Persons attended
2/27/2023 Community Development Board #5
Discussion on transitions and consolidation/revision/deletion of non-residential and mixed-use districts.
2/28/2023 Stakeholder Meeting (Real Estate Developers)
Follow-up discussion of preliminary code proposals.
2/28/2023 Stakeholder Meeting (Designers)
Follow-up discussion of preliminary code proposals.
2/28/2023 City Commission Work Session #5
Discussion and direction on non-residential parking amendments
3/7/2023 Windemere Real Estate
Overview of UDC update and introduction to engage.bozeman.net as part of presentation on overall
code. 21 Persons Attended
3/8/2023 Code Connect #3
Public e-meeting to present summary of Commission direction on commercial and mixed- use zoning
districts and district transitions and have public question and answer.
3/9/2023 Inter-Neighborhood Council #2
Public meeting to present status report on project and summary of Commission direction on all zoning
districts
3/20/2023 Bozeman Real Estate Developer Round Table
Meeting of 30ish local developers, organized by one of same. Presented on CD structure and UDC
including engage website, timeline, how to get involved.
3/20/2023 Community Development Board Work Session #6
Discussion of preliminary code drafts.
3/22/2023 Transportation Advisory Board
Discussion of possible changes to Level of Service Standards, Traffic Study requirements, and UDC
update.
3/28/2023 Community Growth & Development Working Group of the Gallatin Watershed Council
Cameo talk during their regularly scheduled meeting. Plugged engage website, spoke of scope and
timeline.
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4/3/2023 Presentation to Gallatin Area Realtors (GAR)
Status of CD, discussion of the UDC project, project status and engagement to date, opportunities to
participate
4/11/2023 City Commission Work Session #6
Discussion and direction on transportation amendments
4/13/2023 School District #7 Health Fair
Presentation and conversation to fair attendants on UDC update project, brochures, opportunities to
engage, and engage.bozeman.net.
4/17/2023 Community Development Board #6
Discussion on transportation level of service and traffic impact studies
4/20/2023 Code Connect #4
Presentation and Q&A with public re parking and transportation
4/22/2023 Gallatin Valley Earth Day event at the Emerson
In person outreach, Intercept activity table
4/26/2023 Transportation Advisory Board
Discussion of possible changes to non-residential parking
4/27/2023 University Neighborhood Association
Presentation on process, residential districts, intercept activity, encouragement to participate
5/1/2023 Community Development Board #7
Discussion on parking, residential district metrics (including density and open space), and strategy for
changing B-2 to B-2M
5/31/2023 Intercept Activities
In person outreach at the City’s Preservation and Legacy Award Ceremony.
6/26/2023 Community Development Board #8
Economics of neighborhood commercial – consideration of uses and densities needed to create local
service effectively. Information in support of the use and district discussions for the UDC update.
7/3/2023 Community Development Board #9
Review and recommendation to the City Commission on the Park Recreation and Active Transportation
Plan replacing Park Recreation Open Space and trail Plan
7/7/2023 Design Community Representatives
Review initial layout, functionality, and readability of Articles 1-3, Five participants.
7/17/2023 Community Development Board #10
Overview of Senate Bill 382 and effects on UDC update, Feedback on district layout, transitions,
commercial parking consolidated table, and zoning map viewer for comparison of new/old map.
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7/25/2023 City Commission special presentation
Overview of Senate Bill 382 and UDC update. Highlights of key changes and upcoming schedule for
public release and outreach.
8/7/2023 Community Development Board #11
UDC public process overview and change highlights.
8/9/2023 Sustainability Advisory Board
Overview of Senate Bill 382, overview of UDC public process upcoming, and sustainability-oriented
changes in code in preparation of formal review and comment session in September.
8/15/2023 Design Professionals Group
Formal release of text and notice notification, presentation of public review schedule, overview of
process and standard changes. Solicitation for input. Email invitation with agenda went to 145 persons.
8/16/2023 Historic Preservation Advisory Board
Overview of Senate Bill 382, overview of UDC public process upcoming, and Historic Preservation
oriented changes in code in preparation of formal review and comment session in September.
8/23/2023 Transportation Advisory Board
Overview of Senate Bill 382, overview of UDC public process upcoming, and Transportation oriented
changes in code in preparation of formal review and comment session in September.
8/23/2023 Public Open House – Fire Station 3
Overview of UDC replacement purpose, Identification of important text and map changes, overview of
UDC public process upcoming, and orientation of public for effective engagement with upcoming public
hearings.
8/24/2023 Public Open House – City Hall
Overview of UDC replacement purpose, Identification of important text and map changes, overview of
UDC public process upcoming, and orientation of public for effective engagement with upcoming public
hearings.
8/28/2023 Public Open House – Online
Overview of UDC replacement purpose, Identification of important text and map changes, overview of
UDC public process upcoming, and orientation of public for effective engagement with upcoming public
hearings.
9/11/2023 Community Development Board – City Hall
Public meeting to formally introduce the public review process for the draft document. Overview of
document, public hearing schedule and opportunities for public comment.
9/18/2023 Community Development Board – City Hall
Public hearing on the draft document and map.
10/10/2023 Community Development Board – City Hall
Public hearing (continued) on the draft document and map.
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10/16/2023 Community Development Board – City Hall
Public hearing (continued) on the draft document and map.
11/10/2023 Osher Lifelong Learning Institute, Future of Zoning in Bozeman (Chris S)
Overview of why the UDC is being updated at this time, impacts of state law changes, and what comes
next. Other presenter spoke on form-based zoning. Q and A period. 108 participants.
11/14/2023 Briefing to BCAN neighborhood group (Anna B/Dani H)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 35 persons attended.
11/21/2024 Engagement Survey
Identify preferred engagement methods for upcoming supplemental engagement process.
11/27/2023 Briefing to Kirk Park neighborhood group (Anna B/Dani H)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 55 persons attended.
2024
1/16/2024 Briefing to MarLin neighborhood group (Anna B/Takami C)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 20 persons attended.
1/22/2024 Briefing to Jandt neighborhood group (Anna B/Takami C)
Update on status of the UDC project and next steps, as well as a brief review of 2023 state legislation
affecting land use and planning. Approximately 20 persons attended.
1/24/2024 Panel Briefing to Legislature Interim Local Government Committee (Anna B)
Update on status implementation of 2023 state legislation affecting land use and planning, zoning, and
subdivision along with 4 other cities. Approximately 15 persons attended in person plus Zoom
broadcast.
2/05/2024 Gallatin Association of Realtors (Chris S)
Overview of the UDC project, current status and next steps, as well as a brief review of 2023 state
legislation affecting land use and planning, questions and answers. 87 persons attended.
3/28/2024 Figgins Neighborhood Presentation (Chris S)
Overview of the UDC project, current status and next steps, as well as a brief review of 2023 state
legislation affecting land use and planning, questions and answers. Estimated 50 persons attended.
3/27/2024 University Neighborhood Association (Chris S)
Overview of the UDC project, current status and next steps, as well as a brief review of 2023 state
legislation affecting land use and planning, questions and answers. Approximately 45 persons attended.
4/18/2024 Kirk Park Neighborhood Association (Anna B)
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Overview of the UDC project, current status and next steps, specific area sites with questions and
answers. Approximately 30 persons attended.
9/17/2024 City Commission Supplemental Engagement and Restart Work Session (Erin, Chris S)
Overview of the UDC project, current status and next steps, how to connect to Engage Bozeman and e-
notifications. Approximately 28 persons attended.
10/01/2025 Adoption of Supplemental Engagement Plan
City Commission decision on proposed outreach tools and schedule.
10/3/2024 Cooper Park Neighborhood Association (Chris S)
Overview of the UDC project, current status and next steps, how to connect to Engage Bozeman and e-
notifications. Approximately 28 persons attended.
10/9/2024 Gallatin Association of Realtors (Chris S)
Overview of the UDC project, current status and next steps, how to connect to Engage Bozeman and e-
notifications. 10 persons attended.
11/4/2024 MSU Geography Class 401-501 (Chris S)
Class is on public participation and techniques. Overview of why public outreach is done and how that
has been applied in the UDC update. Estimated 21 persons attended.
11/22/2025 Area of Interest Survey
Identify those areas where citizens are most interested in further discussion.
12/2/2024 UDC Open House at MSU SUB (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 55 persons signed in as attending.
12/4/2024 UDC Open House at Gallatin High School (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 34 persons signed in as attending.
12/5/2024 UDC Open House at Hope Lutheran Church (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 43 persons signed in as attending.
12/9/2024 UDC Open House - Online (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 74 persons signed in as attending.
12/11/2024 UDC Open House at Fairgrounds (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 63 persons signed in as attending.
12/12/2024 UDC Open House at Sacajawea Middle School (Dept Team)
Open house on background, purpose, and summary overview of the UDC update project and solicitation
of input on preferred housing options and priority issues. 43 persons signed in as attending.
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12/16/2024 UDC and Local Food Systems (Tom R)
Open house on background, purpose, and summary overview of the UDC update project and discussion
of elements of the updated UDC that address food production. 7 persons attended.
12/18/2024 JLF Architects (Tom R)
Invited discussion status and summary overview of the UDC update project and public engagement
restart.
2025
1/8/2025 Public Engagement Survey closed (Engage Bozeman)
Solicited information on areas of community concern for Phase 2 supplemental engagement. 221
submittals.
1/13/2025 University Neighborhood Association (Tom)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately xx persons attended.
1/16/2025 Better Bozeman Coalition (Erin, Chris, Tom, Hap)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately 50 persons attended.
1/22/2025 Jandt Neighborhood Association (Chris and Sarah)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately 13 persons attended.
1/27/2025 Midtown Neighborhood Association (Chris)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately xx persons attended.
1/29/2025 Cooper Park Neighborhood Association (Tom)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately xx persons attended.
1/30/2025 NENA Neighborhood Association (Chris and Jacob)
Discussion of issues of greatest interest and suggestions for Phase 2 supplemental engagement.
Approximately 39 persons attended.
2/11/2025 Forward Montana (Chris and Erin)
Discussion of issues of parking and density. 21 persons attended.
2/24/2025 Online UDC Phase 2 workshop (Chris and Tom)
Discussion of issues of transportation and environment. 73 persons attended.
2/26/2025 UDC Phase 2 workshop Fairgrounds (Erin, Chris, and Tom)
Discussion of issues of transportation and environment. 61 persons signed in as attending.
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3/03/2025 Online UDC Phase 2 workshop (Erin, Chris, and Tom)
Discussion of issues of Growth, Housing, & Neighborhoods. 100 persons attended.
3/05/2025 UDC Phase 2 workshop Sacajawea Middle School (Erin, Chris, and Tom)
Discussion of issues of Housing & Neighborhoods. 52 persons signed in as attending.
3/10/2025 UDC Phase 2 workshop Chief Joseph Middle School (Erin, Chris, and Tom)
Discussion of issues of Growth & Neighborhoods. 64 persons signed in as attending.
3/12/2025 UDC Phase 2 workshop Willson School (Erin, Chris, and Tom)
Discussion of issues of (Transportation, Environment, Growth, Housing, Neighborhoods. 51 persons
signed in as attending.
3/19/2025 UDC Supplemental Engagement report and workshop Historic Preservation Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps.
3/21/2025 Community Chat Toolkits released online
Five topic area information packets to enable individuals to host conversations and gather input to add
to the UDC conversation.
3/26/2025 UDC Supplemental Engagement report and workshop Transportation Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps. 12 persons attended.
3/27/2025 UDC Supplemental Engagement report and workshop Parks and Forestry Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps.
4/02/2025 UDC Supplemental Engagement report and workshop Economic Vitality Advisory Board
(Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps and questions and answers. 10 persons attended.
4/09/2025 UDC Supplemental Engagement report and workshop Sustainability Advisory Board (Tom)
Project overview and orientation. Status report on engagement. Refresher on earlier discussions for new
members. Next steps.
4/17/2025 UDC Deep Dive Survey released
Survey pursuing additional information on topics identified during the winter workshops.
5/05/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Project overview and orientation. Status report on supplemental engagement. Next steps.
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5/19/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Project overview and orientation. Expanded status report on engagement for new content. Discussion
on how to address zone map amendments requested as public comment.
5/20/2025 City commission UDC Supplemental Engagement report and workshop (Erin and Chris)
Project overview and orientation. Status report on supplemental engagement.
6/02/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Discussion on tools to address mass and scale of buildings.
6/03/2025 City Commission UDC Supplemental Engagement report and workshop (Erin, Chris, and
Tom)
Discussion on supplemental engagement and subjects the Commission wants to address with upcoming
work sessions.
6/16/2025 Community Development Board (Erin, Chris, and Tom)
Discussion on mass and scale tools for recommendation to Commission for upcoming work session.
6/24/2025 UDC Supplemental Engagement report and workshop Community Development Board
(Erin, Chris, and Tom)
Discussion on supplemental engagement and mass and scale tools and direction to staff for
development of future code draft.
7/07/2025 UDC Community Development Board (Erin, Chris, and Tom)
Discussion on zoning districts and uses for recommendation to Commission for upcoming work session.
7/14/2025 City Commission UDC work session, (Erin, Chris, and Tom)
Commission work session on zoning districts and uses and direction to staff for development of future
code draft.
7/15/2025 Design Professionals (Chris)
Discussion on outcome of July 14th work session and upcoming engagement opportunities. 23 persons
attended.
7/21/2025 UDC Community Development Board (Chris)
Commission work session report back on zoning districts and uses.
8/11/2025 UDC Community Development Board (Erin, Chris, and Tom)
Discussion on environmental and natural resources issues for recommendation to Commission for
upcoming work session.
8/26/2025 City Commission UDC work session, (Erin, Chris, and Tom)
Commission work session mass and scale tools follow up and direction to staff for development of
future code draft.
1039
Page 11 of 12
9/19/2025
Public release of updated draft text and map
9/22/2025 Bozeman Tree coalition (Erin)
Discussion on proposed amendments by the group to UDC text.
9/23/2025 City Commission (Chris)
Presentation on new draft release and upcoming public review process.
10/1/2025 UDC Public Information Sessions (Chris and Tom)
Online and in-person information sessions to present the draft UDC and answer questions in advance of
the public hearing. 29 persons attended.
10/07/2025 Southwest Montana Developers Roundtable (Erin)
Overview of proposed draft and process for public review. 63 persons attended.
10/09/2025 Inter-Neighborhood Council (Chris)
Inter-Neighborhood Council presentation and overview of the proposed draft and process for public
review. 12 persons attended.
10/20/2025 Community Development Board (Chris)
Work session with Community Development Board in preparation for public hearings. 20 persons
attended (estimated)
10/27/2025 Open Channels Working Group (Erin and Chris)
Discussion on agricultural water user facilities and applicable code amendments
11/03/2025 Community Development Board
Public hearing to consider the proposed draft and map.
11/03/2025 Gallatin Association of Realtors (Tom)
Overview of draft code and upcoming public review process
11/10/2025 City Commission
Work session for overview of criteria and process for adoption of proposed code and application review
processes in preparation for upcoming public hearing.
11/17/2025 Community Development Board
Continued public hearing to consider the proposed draft and map. Recommendation to City Commission
completed.
11/18/2025 City Commission
Work session for overview of draft text and map in preparation for upcoming public hearing. Report on
Community Development Board recommendations.
Upcoming Public Hearings and Meetings
12/02/2025 City Commission
1040
Page 12 of 12
Public hearing to consider the proposed draft and map. Potential provisional adoption of implementing
ordinance.
12/16/2025 City Commission
Potential final adoption of implementing ordinance.
1041
Single-household lot
Additional lot area for ADU
Duplex lot area per unit
3-4 household lot area per unit
Apartments lot area per unit
Townhouse/rowhouse lot
Lot area (max)
Lot width
Duplex lot width
3-4 household lot width
Apartment lot width
Townhouse lot width
Low-pitch roof height
High-pitch roof height
Front setback
Garage setback
Rear setback
Side setback
Units per acre (min)
Building coverage
FAR
LOT AREA
(MIN)
LOT WIDTH
(MIN)
HEIGHT
(MAX)
SETBACKS
(MIN)
INTENSITY
(MAX)
LOT AREA (MIN)
LOT WIDTH
(MIN)
HEIGHT
(MAX)
SETBACK
(MIN)
INTENSITY
MASSING
(MAX)EXISTING DISTRICTSNEW DISTRICTS
Lot area
Townhouse lot width
All other lots
Overall height
Ground story height (min)
Front setback (min/max)
Garage setback
Rear setback
Side/alley setback
Townhouse common wall
Units per acre (min)
Building coverage (max)
Dwelling units per bldg
Building width
Frontage primary/side streets
R-S Residential
Suburban
4,000 sf
1,000 sf
-
-
-
-
-
50’
-
-
-
-
28’
42’
15’
20’
20’
5’
2
25%
0.45
R-1 Residential
Low Density
4,000 sf
1,000 sf
-
-
-
-
-
50’ / 40’
-
-
-
-
28’
40’
15’
20’
20’
5’
5
40%
0.50
R-A Residential-A
none
15’
25’
40’ (22’ wall plate)
9’
10’/none
20’
10’
5’
0’
10
40%
2
80’
-
R-2 Residential
Moderate Density
4,000 sf
1,000 sf
2,500 sf
-
-
3,000 sf
-
50’ / 40’
60’ / 50’
-
-
30’
30’
40’
15’
20’
20’
5’
5
40%
0.75
R-3 Residential
Medium Density
4,000 sf
1,000 sf
2,500 sf
3,000 sf
3,000 sf limited
3,000 sf
2.5 acres
50’ / 40’
60’ / 40’
60’
-
Width of interior unit
36’
46’
15’
20’
20’
5’
5
40%
1.00
R-4 Residential
High Density
4,000 sf
1,000 sf
2,500 sf
3,000 sf
3,000 first + 1,200 sf each
3,000 sf
2.5 acres
50’ / 35’
50’ / 40’
60’
none
Width of interior unit
40’
50’
15’
20’
20’
5’
8
50%
1.50
R-5 Residential Mixed-
Use High Density
3,000 sf
none
2,500 sf
none
none
none
2.5 acres
35’ / 25’
50’ / 40’
none
none
Width of interior unit
50’
60’
15’
20’
20’
5’
8
-
-
R-B Residential-B
none
15’
25’
45’ (33’ wall plate)
9’
10’/none
20’
10’
5’
0’
12
40%
8
120’
-
R-C Residential-C
none
15’
25’
50’
9’
10’/15’
20’
10’
5’
0’
18
60%
24
150’
60%/30%
R-D Residential-D
none
15’
25’
60’
9’ res., 12’ non-res.
10’/15’
-
10’
5’
0’
24
100%
none
250’
80%/40%
ZONING DISTRICT
CONVERSION GUIDE:
RESIDENTIAL
Note: Revised standards apply to
new applications only
October 2025
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Montana Land Use Planning Act Compliance Documentation
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Montana Land Use Planning Act
This document shows where the requirements of the Montana Land Use Planning Act are met throughout the proposed regulations to replace Chapter 38, Unified Development Code, BMC. A single
location may be entered for one section which then applies to following subsections. The following subsections will then show blank in the Location column. Locations shown are primary locations and other portions of code may also apply. References to other documents and actions may also be shown to demonstrate compliance. Section 76-25-103. Definitions. As used in 76-25-101 through 76-25-504, unless the context or subject matter clearly requires otherwise, the following definitions apply:
Location in Proposed Regulation
(1) "Aggrieved party" means 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.
38.800.020
(2) "Applicant" means a person who seeks a land use permit or other
approval of a development proposal.
38.800.020
(3) "Built environment" means man-made or modified structures that provide people with living, working, and recreational spaces. 38.800.030
(4) "Cash-in-lieu donation" is the amount equal to the fair market value of unsubdivided, unimproved land. 38.800.040 and Resolutions 4614, 4784, 5582
(5) "Certificate of survey" means a drawing of a field survey prepared by a
registered surveyor for the purpose of disclosing facts pertaining to boundary locations.
38.800.040
(6) "Dedication" means the deliberate appropriation of land by an owner for
any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted.
38.800.050
(7) "Division of land" means 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 76-25-101 through 76-25-504. 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.
38.800.050
(8) "Dwelling " means a building designed for residential living purposes, including single-unit, two-unit, and multi-unit dwellings. 38.800.050
(9) "Dwelling unit" means one or more rooms designed for or occupied
exclusively by one household.
38.800.050
(10) "Examining land surveyor" means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing. Not used in code, defined in statute.
(11) "Factory-built housing" means a factory-assembled structure intended for
residential use that: (a) is equipped with the necessary service connections but not made to be
readily movable as a unit or units; (b) is designed to be used with a permanent foundation; and
(c) is not certified by the United States department of housing and urban development but meets the inspection requirements of Title 50, chapter 60, part 4.
Not used in code,
defined in statute.
(12) "Final plat" means the final drawing of the subdivision and dedication required by 76-25-101 through 76-25-504 to be prepared for filing for record
with the county clerk and recorder and containing all elements and requirements set forth in 76-250101 through 76-25-504 and in regulations
adopted pursuant to 76-25-101 through 76-25-504.
38.800.070
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(13) "Four-unit dwelling" or "fourplex" means a building designed for four
attached dwelling units in which the 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.
38.800.070
(14) "Immediate family" means a spouse, children by blood or adoption, and parents. 38.750.130.C.3 cross reference to statute
(15) "Irrigation district" means a district established pursuant to Title 85, chapter 7. 38.800.100
(16) "Jurisdictional area" or "jurisdiction" means the area within the boundaries of the local government. For municipalities, the term includes those
areas the local government anticipates may be annexed into the municipality over the next 20 years.
38.800.030
(17) "Land use permit" means an authorization to complete development in conformance with an application approved by the local government. 38.800.130
(18) "Land use plan" means the land use plan and future land use map adopted in accordance with [sections 1 through 38]. 38.800.130
(19) "Land use regulations" means zoning, zoning map, subdivision, or other land use regulations authorized by state law. This statute
(20) "Local governing body" or "governing body" means the elected body responsible for the administration of a local government. 38.800.040
(21) "Local government" means a county, consolidated city-county, or an
incorporated municipality to which the provisions of 76-25-101 through 76-25-504 apply as provided in 76-25-105.
This statute
(22) "Manufactured housing" means a dwelling for a single household, built offsite in a factory that is in compliance with the applicable prevailing standards of the United States department of housing and urban development at the time of its production. A manufactured home does not include a mobile home or housetrailer, as defined in 15-1-101.
38.800.140
(23) "Ministerial permit" means 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.
38.800.140
(24) "Multi-unit dwelling" means a building designed for five or more attached dwelling units in which the 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.
38.800.140
(25) "Permitted use" means a use that may be approved by issuance of a ministerial permit. 38.800.170
(26) "Planning administrator" means the person designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications as required in this chapter, or a person designated and supervised by the planning administrator to perform the duties.
38.800.050
(27) "Plat" means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications.
38.800.170
(28) "Preliminary plat" means 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 a governing body.
38.800.170
(29) "Public utility" has the meaning provided in 69-3-101, except that for the purposes of 76-25-101 through 76-25-504, 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
38.800.170
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Montana Land Use Planning Act Compliance Documentation
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established by the governing body of a municipality pursuant to Title 7, chapter
13, parts 42, 43, and 44.
(30) "Single-room occupancy development" means a development with dwelling units in which residents rent a private bedroom with a shared kitchen and bathroom facilities.
38.800.200
(31) "Single-unit dwelling" means a building designed for one dwelling unit that is detached from any other dwelling unit. 38.800.200
(32) "Subdivider" means a person who causes land to be subdivided or who proposes a subdivision of land. 38.800.200
(33) "Subdivision" means 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 and a 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.
38.800.200
(34) "Subdivision guarantee" means a form of guarantee that is approved by
the commissioner of insurance and is specifically designed to disclose the information required in 76-25-413.
38.800.200
(35) "Substantial compliance" means: (a) with respect to the amendment of an adopted land use plan, that all facets of the proposed amendments, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the community as set forth in the jurisdiction's adopted land use
plan; (b) with respect to the adoption or amendment of a zoning map, zoning regulation, or subdivision regulation, that all facets of the proposed map, regulation, or amendment, when taken together, comply, not strictly and rigidly but substantially, with the densities, standards, and community intent for development of the site as set forth in the jurisdiction's applicable adopted land
use plan; and (c) with respect to the proposed development of a particular site, that all facets of the proposed development, when taken together, comply, not strictly and rigidly but substantially, with the densities and standards for development of the site as set forth in the jurisdiction's applicable adopted zoning regulations, zoning map, and subdivision regulations.
38.800.200
(36) "Tract of record" means 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.
38.800.210
(37) "Three-unit dwelling" or "triplex" means a building designed for three attached dwelling units in which the 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.
38.800.210
(38) "Two-unit dwelling" or "duplex" means a building designed for two attached dwelling units in which the 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.
38.800.210
Section 76-25-104. Planning commission. Proposed Regulation or Other Location (1) (a) Each local government shall establish, by ordinance or resolution, a planning commission. Resolution 5330 and 2025-62
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Section 76-25-104. Planning commission. Proposed Regulation
or Other Location
(b) Any combination of local governments may create a multijurisdictional planning commission or join an existing commission pursuant to an interlocal agreement.
NA
(c) (i) Any combination of legally authorized planning boards, zoning commissions, planning and zoning commissions, or boards of adjustment existing prior to [the effective date of this act] may be considered duly constituted under 76-25-101 through 76-25-504 as a planning commission by
agreement of the governing bodies of each jurisdiction represented on the planning commission.
Resolution 5330 and 2025-62
(ii) If more than one legally authorized planning board, zoning commission, or planning and zoning commission exists within a jurisdiction, the governing bodies of each jurisdiction may agree to:
NA
(A) designate, combine, consolidate, or modify one or more of the authorized boards or commissions as the planning commission; or NA
(B) create a new planning commission pursuant to this section and disband the existing boards and commissions. NA
(d) (i) A local government subject to this chapter may continue to be
represented on an existing city-county planning board, joint city-county planning board, or consolidated city-county planning board as authorized under Title 76, chapter 1, with other local governments and share in the membership duties and costs of the board.
NA
(ii) A local government's continued participation in a planning board as set forth in subsection (1)(d)(i) is solely for the purposes set forth in Title 76, chapter 1. NA
(2) (a) (i) Each planning commission must consist of an odd number of no fewer than three voting members who are confirmed by majority vote of each
local governing body.
Resolution 5330 and 2025-62
(ii) Each jurisdiction must be equally represented in the membership of a multijurisdictional planning commission. NA
(b) The planning commission shall meet at least once every 6 months. Resolution 5330 and 2025-62 (c) Minutes must be kept of all meetings of the planning commission and all meetings and records must be open to the public. Not municipal code
(d) A majority of currently appointed voting members of the planning commission constitutes a quorum. A quorum must be present for the planning commission to take official action. A favorable vote of at least a majority of the
quorum is required to authorize an action at a regular or properly called special meeting.
38.770.030
(e) The ordinance, resolution, or interlocal agreement creating the planning commission must set forth the requirements for appointments, terms, qualifications, removal, vacancies, meetings, notice of meetings, officers, reimbursement of costs, bylaws, or any other requirement determined necessary by the local governing body.
Resolution 5330 and 2025-62
(3) (a) Except as set forth in subsection (3)(b), the planning commission shall review and make recommendations to the local governing body regarding the development, adoption, amendment, review, and approval or denial of the following documents:
(i) the land use plan and future land use map as provided in 76-25-201; Action on the Bozman Community Plan technical compliance update on Oct 6, 2025.
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Section 76-25-104. Planning commission. Proposed Regulation
or Other Location
(ii) zoning regulations and map as provided in 76-25-301 through 76-25-307; 38.770
(iii) subdivision regulations as provided in 76-25-401 through 76-25-413; and 38.770
(iv) any other legislative land use planning document the local governing body designates. Resolution 5330 and 2025-62
(b) In accordance with 76-25-503, the planning commission shall hear and decide appeals from any site-specific land use decisions made by the planning administrator pursuant to the adopted regulations described in subsection
(3)(a). Decisions of the planning commission may be appealed to the local governing body as provided in 76-25-503.
38.700.010.H 38.760.030
(4) The planning commission may be funded pursuant to 76-1-403 and 76-1-404. Not municipal code
Section 76-25-105 Applicability and compliance. Proposed Regulation or Other Location
(1) A municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions of 76-250101 through 76-25-504.
MCA – No local action required for this section –
Bozeman meets thresholds in this paragraph. (2) (a) Except as provided in subsection (2)(b), any municipality that meets the population thresholds of subsection (1) on [the effective date of this act] shall comply with the provisions of 76-25-101 through 76-25-504 within 3 years of May 16, 2023.
(b) A municipality that has adopted a growth policy within 5 years prior to
May 16, 2023 shall comply with the provisions of 76-25-101 through 76-25-504 within 5 years of the date that the growth policy was adopted or within the deadline established in subsection (2)(a), whichever occurs later.
Maximum delay for
plan compliance is November 17, 2025, for plan adoption and May 16, 2026, for the implementing regulations
(c) A municipality that meets the population thresholds of subsection (1) on
any decennial census completed after May 16, 2023 shall comply with the provisions of 76-25-101 through 76-25-504 by December 31 of the third year after the date of the decennial census.
NA
(3) (a) A local government that is not required to comply with the provisions of 76-25-101 through 76-25-504 may decide to comply with the provisions of 76-25-101 through 76-25-504 by an affirmative vote of the local governing body. After an affirmative vote, the governing body shall comply with the provisions of 76-25-101 through 76-25-504 by December 31 of the fifth year after the date of the vote.
NA
(b) A local government that votes pursuant to subsection (3)(a) to comply with the provisions of 76-25-101 through 76-25-504 may subsequently decide to not comply with the provisions of 76-25-101 through 76-25-504 by an affirmative vote.
NA
(4) A local government that complies with 76-25-101 through 76-25-504 is not subject to any provision of Title 76, chapters 1, 2, 3, or 8. No action required.
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Section 76-25-106. Public participation. Where Provided
(1) (a) A local government shall provide continuous public participation
when adopting, amending, or updating a land use plan or regulations pursuant to 76-25-101 through 76-25-504.
engage.bozeman.net/udc,
electronic meeting agendas with links Public engagement plan Public meeting log
(b) Public participation in the adoption, amendment, or update of a land use plan or implementing regulations must provide for, at a minimum:
(i) dissemination of draft documents;
(ii) an opportunity for written and verbal comments; Engage.bozeman.net/udc
(see summaries under Public Participation Materials) comments@bozeman.net, Community Development Board hearing,
City Commission hearing, 38.770
(iii) public meetings after effective notice; 38.730 and 38.770, engage.bozeman.net/udc, agendas. Community Development Board, City Commission, multiple
advisory boards
(iv) electronic communication regarding the process, including online access to documents, updates, and comments; and Engage.bozeman.net/udc, agendas agenda@bozeman.net (v) an analysis of and response to public comments. Presentation and Participation Materials on
project website, Ongoing throughout public review (2) A local government shall document and retain all public outreach and participation performed as part of the administrative record in accordance with the retention schedule published by the secretary of state.
Engage.Bozeman, Presentation and Participation Materials, Ongoing through public review
(3) (a) A local government may decide the method for providing:
(i) general public notice and participation in the adoption, amendment, or update of a land use plan or regulation; and Engage Bozeman public engagement framework, Project specific public engagement plan, 38.730, 38.770
(ii) notice of written comment on applications for land use permits pursuant to 76-25-101 through 76-25-504. 38.730
(b) All notices must clearly specify the nature of the land use plan or regulation under consideration, what type of comments the local government is seeking from the public, and how the public may participate.
38.730
(c) The local government shall document what methods it used to provide continuous participation in the development, adoption, or update
of a land use plan or regulation and shall document all comments received.
Engage.Bozeman, Presentation and Participation Materials, Ongoing through public review, Laserfiche archive
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Section 76-25-106. Public participation. Where Provided
(d) The department of commerce established in 2-15-1801 and
functioning pursuant to 90-1-103 shall develop a list of public participation methods and best practices for use by local governments in developing, adopting, or updating a land use plan or regulations.
NA
(4) Throughout the adoption, amendment, or update of the land use plan or regulation processes, a local government shall emphasize that:
(a) the land use plan is intended to identify the opportunities for development of land within the planning area for housing, businesses, agriculture, and the extraction of natural resources, while
acknowledging and addressing the impacts of that development on adjacent properties, the community, the natural environment, public services and facilities, and natural hazards;
Included in public notice, public presentations to advisory boards and City
Commission
(b) the process provides for continuous and extensive public notice, review, comment, and participation in the development of the land use plan or regulation; ad
Public participation plan, engage.bozeman.net/udc, Presentation and Participation Materials,
advisory boards, Community Development Board, City Commission
(c) the final adopted land use plan, including amendments or updates to the final adopted land use plan, comprises the basis for implementing land use regulations in substantial compliance with the land use plan.
See staff report analysis for BCP and UDC update. See adopting ordinance.
(5) The local governing body shall adopt a public participation plan detailing how the local government will meet the requirements of this section.
Engage Bozeman framework April 2021. Public participation plan adopted during UDC update setup, 2nd engagement plan adopted Oct 1, 2024
Section 76-25-301. Authority to adopt local zoning regulations. Proposed Regulation or other Location
(1) (a) A local government subject to 76-25-101 through 76-25-504, within its respective jurisdiction, has the authority to and shall regulate the use of land in substantial compliance with its adopted land use plan by adopting zoning regulations.
38.100.020
(b) The governing body of a county or city has the authority to adopt zoning regulations in accordance with 76-25-301 through 76-25-307 by an ordinance that substantially complies with 7-5-103 through 7-5-107.
Ord #2151 assigned
(c)(i) A municipality shall adopt zoning regulations for the portions of the jurisdictional area outside of the boundaries of the municipality that the governing body anticipates may be annexed into the municipality over the next 20 years.
38.200
(ii) Unless otherwise agreed to by the applicable jurisdictions, zoning regulations on property outside the municipal boundaries may not apply or be enforced until those areas are annexed or are being annexed into the municipality.
38.200
(iii) A municipality subject to this chapter may continue to apply, administer, and enforce extraterritorial zoning regulations pursuant to the provisions of 76-2-310 and 76-2-311.
NA
(2) Local zoning regulations authorized in subsection (1) include but are not limited to ordinances prescribing the:
(a) uses of land; 38.300 38.310
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38.320
38.330
(b) density of uses; 38.210 38.220 38.230 38.240
(c) types of uses; 38.300 38.310 38.320
38.330
(d) size, character, number, form, and mass of structures; and 38.210 38.220 38.230 38.240 38.260 (e) development standards mitigating the impacts of development, as identified and analyzed during the land use planning process and review and
adoption of zoning regulations pursuant to 76-25-101 through 76-25-504.
Articles 4-6
(3) The local government shall incorporate any existing zoning regulations adopted pursuant to Title 76, chapter 2, into the zoning regulations meeting the requirements of 76-25-101 through 76-25-504.
All of Chapter 38 as updated included in proposed regulations (4) The local government shall adopt a zoning map for the jurisdiction in substantial compliance with the land use plan and future land use map and the
zoning regulations adopted pursuant to this section, graphically illustrating the zone or zones that a property within the jurisdiction is subject to.
38.200 Zoning map
(5) The local government may provide for the issuance of permits as may be necessary for the implementation of 76-25-101 through 76-25-504. 38.740 38.750 (6) (a) The zoning regulations and map must identify areas that may necessitate the denial of a development or a specific type of development, such as unmitigable natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds
for the supply of the services.
38.600 38.610 38.620 38.710
(b) The regulations must prohibit development in the areas identified in subsection (6)(a) unless the hazards or impacts may be eliminated or overcome by approved construction techniques or other mitigation measures identified in the zoning regulations.
38.100.080 38.110.010 38.400 38.410 38.600 38.610 38.620 (c) Approved construction techniques or other mitigation measures described in subsection (6)(b) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901.
38.700.100-130 38.740.030 Chapter 10, BMC
(7) The zoning regulations and map must mitigate the hazards created by development in areas located within the floodway of a flood of 100-year frequency, as defined by Title 76, chapter 5, or determined to be subject to flooding by the governing body. If the hazards cannot be mitigated, the zoning regulations and map must identify those areas where future development is limited or prohibited.
38.600 38.620
(8) (a) The zoning regulations must allow for the continued use of land or buildings legal at the time that any zoning regulation, map, or amendment thereto is adopted, but the local government may provide grounds for discontinuing
38.790
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nonconforming uses based on changes to or abandonment of the use of the land
or buildings after the adoption of a zoning regulation, map, or amendment. (b) Any ambiguity or uncertainty in the zoning regulations as to whether a nonconforming use is allowed or whether the use was allowed when it was commenced must be interpreted in favor of the nonconforming use.
(9) In interpreting a use and in determining whether a use violates this chapter or a resolution adopted under this chapter, any ambiguity or uncertainty in the zoning regulations as to whether the use is in violation must be interpreted in favor
of the use in question.
Section 76-25-302. Encouragement of development of housing. Location in Proposed Regulation
(1) The zoning regulations authorized in 76-25-301 must include a minimum of five of the following housing strategies, applicable to the majority of the area, where residential development is permitted in the
jurisdictional area:
(a) allow, as a permitted use, for at least a duplex where a single-unit dwelling is permitted; Implemented - 38.300
(b) zone for higher density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers, as determined by the local government;
Partial implementation with mixed-use districts.
(c) eliminate or reduce off-street parking requirements to require no more than one parking space per dwelling unit; 38.530.040 partial compliance for some districts and residences
(d) eliminate impact fees for accessory dwelling units or developments
that include multi-unit dwellings or reduce the fees by at least 25%;
Not zoning or subdivision
(e) allow, as a permitted use, for at least one internal or detached accessory dwelling unit on a lot with a single-unit dwelling occupied as a primary residence;
38.300.020 38.320.120
(f) allow for single-room occupancy developments; 38.300.020 (group living and household) 38.800.080 38.800.090
38.800.200
(g) allow, as a permitted use, a triplex or fourplex where a single-unit dwelling is permitted; Partially implemented with RA 38.320.030.A
(h) eliminate minimum lot sizes or reduce the existing minimum lot size required by at least 25%; 38.210, 38.220, 38.230 -
(i) eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multi-unit dwellings or mixed-use developments or remove at least half of those requirements;
Not implemented
(j) provide for zoning that specifically allows or encourages the development of tiny houses, as defined in Appendix Q of the International Residential Code as it was printed on January 1, 2023;
38.210 no minimum dwelling size or lot size. City has adopted Appendix Q
(k) eliminate setback requirements or reduce existing setback requirements by at least 25%; Some setbacks reduced not all (l) increase building height limits for dwelling units by at least 25%; Not implemented (m) allow multi-unit dwellings or mixed-use development as a permitted use on all lots where office, retail, or commercial are primary permitted uses; or
Allowed in many districts but not on all lots.
(n) allow multi-unit dwellings as a permitted use on all lots where triplexes or fourplexes are permitted uses. Not implemented
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Section 76-25-302. Encouragement of development of housing. Location in Proposed
Regulation
(2) If a local government's existing zoning ordinance adopted pursuant to Title 76, chapter 2, before [the effective date of this act] does not contain a zoning regulation that is listed as a regulation to be eliminated or reduced in subsection (1), that strategy is considered adopted by the local government.
Not code
(3) If the adoption of a housing strategy allowed in subsection (1) subsumes another housing strategy allowed in subsection (1), only one
strategy may be considered to have been adopted by the local government.
Not code
Section 76-25-303. Limitations on zoning authority. Location in Proposed Regulation
(1) A local government acting pursuant to 76-25-301 through 76-25-307 may not:
(a) treat manufactured housing or factory-built housing units differently from any other residential units; 38.800.140 38.800.200
(b) include in a zoning regulation any requirement to: No prohibited actions are included in code (i) pay a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(ii) dedicate real property for the purpose of providing housing for specified income levels or at specified sale prices, including a payment or other contribution to a local housing authority or the reservation of real property for
future development of housing for specified income levels or specified sale prices;
(c) prevent the erection of an amateur radio antenna at heights and dimensions sufficient to accommodate amateur radio service communications by a person who holds an unrevoked and unexpired official amateur radio station license and operator's license, "technician" or higher class, issued by the federal communications commission of the United States;
(d) establish a maximum height limit for an amateur radio antenna of less
than 100 feet above the ground;
(e) subject to subsection (2) and outside of incorporated municipalities, prevent the complete use, development, or recovery of any mineral, forest, or agricultural resources identified in the land use plan, except that the use, development, or recovery may be reasonably conditioned or prohibited within residential zones;
(f) except as provided in subsection (3), treat the following differently from any other residential use of property:
(i) a foster home, kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621 through 52-2-623, if the home or facility provides care on a 24-hour-a-day basis;
(ii) a community residential facility serving eight or fewer persons, if the facility provides care on a 24-hour-a-day basis; or
(iii) a family day-care home or a group day-care home registered by the department of public health and human services under Title 52, chapter 2, part 7;
(g) except as provided in subsection (3), apply any safety or sanitary regulation of the department of public health and human services or any other agency of the state or a political subdivision of the state that is not applicable to
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residential occupancies in general to a community residential facility serving 8 or
fewer persons or to a day-care home serving 12 or fewer children; or
(h) prohibit any existing agricultural activities or force the termination of any existing agricultural activities outside the boundaries of an incorporated city, including agricultural activities that were established outside the corporate limits of a municipality and thereafter annexed into the municipality.
(i) except to provide accessible parking spaces as required by the Americans With Disabilities Act of 1990, 42 U.S.C. 12101, et seq., require: (i) more than one parking space for each residential dwelling unit; or
(ii) any minimum parking requirement for: (A) existing buildings, including vacant buildings, undergoing a change of use; (B) child-care facilities licensed or registered by the department of public health and human services; (C) residential units under 1,200 square feet;
(j) enact a height restriction that would violate 76-2-304(4)(b)(iii). (2) Regulations that condition or prohibit uses pursuant to subsection (1)(e) must be in effect prior to the filing of a permit application or at the time a written
request is received for a preapplication meeting pursuant to 82-4-432.
(3) Except for a day-care home registered by the department of public health and human services, a local government may impose zoning standards and conditions on any type of home or facility identified in subsections (1)(f) and (1)(g) if those zoning standards and conditions do not conflict with the requirements of subsections (1)(f) and (1)(g).
Section 76-25-304. Adoption and amendment of zoning regulations. Location in Proposed
Regulation
(1) (a) The governing body shall adopt or amend a zoning regulation or map only after consideration by and on the recommendation of the planning commission.
38.770.030
(b) An amendment to an adopted zoning regulation or map may be initiated: 38.770.010 (i) by majority vote of the governing body; (ii) 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
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or
amend a zoning regulation or map, the planning commission shall:
38.770.030
(a) provide public notice and participation in accordance with 76-25-106; 38.730 38.770
(b) accept, consider, and respond to public comment on the proposed zoning regulation, map, or amendment. All public comment must be part of the administrative record transmitted to the governing body.
38.730
(c) make a preliminary determination as to whether the zoning regulation and map as proposed or as amended would be in substantial compliance with the land use plan, including whether the zoning regulation or map:
38.730
(i) accommodates the projected needed housing types identified in 76-25-206; 38.210 38.300.020 (ii) contains five or more specific strategies from 76-25-302 to encourage the development of housing within the jurisdiction; See Section 19 response
(iii) reflects allowable uses and densities in areas that may be adequately served by public safety, emergency, utility, transportation, education, and any other local facilities or services identified by the local government in 76-25-307;
38.100.050 & 080 Article 2 and 3 38.400 38.410
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Section 76-25-304. Adoption and amendment of zoning regulations. Location in
Proposed Regulation
38.420
(iv) allows sufficient area for existing, new, or expanding commercial, industrial, and institutional enterprises the local government has identified in 76-25-208 for targeted economic growth in the jurisdiction;
38.200, 38.300.020, 38.320, Future Land Use Map, Bozeman
Community Plan
(v) protects and maximizes the potential use of natural resources within the area, as identified in 76-25-209; 38.310.010 38.320.020 38.320.110 38.410.060 38.710.050.A.8 (vi) minimizes or avoids impacts to the natural environment within the area, as identified in 76-25-209; and 38.310.010 38.410.010
38.410.070 38.410.080, 38.600, 38.610, 38.620 38.800.240
(vii) avoids or minimizes dangers associated with natural hazards in the jurisdiction, as identified in 76-25-209; and 38.410.010, 38.410.080, 38.600, 38.610, 38.620 (d) preliminarily determine whether the proposed zoning regulation, map, or amendment 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.
Conclusions, not code. 38.770.020
(3) If the planning commission finds new or increased impacts from the proposed regulation, map, or amendment, as provided in subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the
opportunity to comment on and consider all potential impacts resulting from adoption of the zoning regulation, map, or amendment.
38.770.020
(4) After meeting the requirements of subsections (2) and (3), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed zoning regulation, map, or amendment.
38.770.030
(5) (a) The governing body shall consider each zoning regulation, map, or amendment that the planning commission recommends to the governing body. 38.770.030
(b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, adopt with revisions the governing body considers appropriate, or reject the zoning regulation, map, or amendment as proposed by the planning commission.
38.770.030
(c) The governing body may not condition an amendment to a zoning regulation or map. Restriction, not code. (d) The governing body may not adopt or amend a zoning regulation or map unless the governing body finds that:
(i) the regulation, map, or amendment is in substantial compliance with the land use plan; and 38.770.020 38.770.030
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Section 76-25-304. Adoption and amendment of zoning regulations. Location in
Proposed Regulation
(ii) the impacts resulting from development in substantial compliance with the proposed zoning regulation, map, or amendment have been made available for public review and comment and have been fully considered by the governing body.
38.770.020 38.770.030
(6) After the zoning regulation, map, or amendment has been adopted by the governing body, there is a presumption that: 38.730
(a) all permitting in substantial compliance with the zoning regulation, map,
or amendment is in substantial compliance with the land use plan; and
(b) the public has been provided a meaningful opportunity to participate.
Section 76-25-305. Effect on zoning regulations and map. Location in Proposed Regulation (1) After the adoption of a zoning regulation, map, or amendment pursuant to 76-25-304, any application proposing development of a site is subject to the process set forth in this section.
38.100.030 38.100.080 38.740 38.750
(2) (a) When a proposed development lies entirely within an incorporated
city, or is proposed for annexation into the city, the application must be submitted to and approved by the city.
38.100.090
(b) Except as provided in subsections (2)(a) or (2)(c), when a proposed development lies entirely in an unincorporated area, the application must be submitted to and approved by the county.
38.100.030 38.100.090
(c) If a proposed development lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in [section 14], the jurisdiction shall
provide other impacted jurisdictions the opportunity to review and comment on the application.
No city jurisdiction outside of boundaries
(d) If the proposed development lies partly within an incorporated city, the application and materials must be submitted to and approved by both the city and the county governing bodies.
38.100.090
(3) After accepting a complete application proposing development of a site, the planning administrator shall make an initial determination of whether: 38.700.010 38.740 (a) a proposed development, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning regulations or
map; and
(b) all impacts resulting from the proposed development were previously analyzed and made available for public review and comment in the adoption, amendment, or update of the land use plan, zoning regulation, or zoning map.
(4) (a) If the planning administrator makes an initial determination that the proposed development, with or without variances or deviations from adopted standards, meets the requirements of subsections (3)(a) and (3)(b), the planning administrator shall provide public notice of the initial determination in accordance with 76-25-106(3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
38.730 38.740
(b) Unless public comment received on or before the last day of the comment period provided in subsection (4)(a) supports a determination that the proposed development fails to meet the requirements of subsections (3)(a) and (3)(b), 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 76-25-503.
38.740 38.760.030
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Section 76-25-305. Effect on zoning regulations and map. Location in
Proposed Regulation
(c) If public comment received on or before the last day of the comment period provided in subsection (4)(a) provides evidence that the proposed development fails to meet either one or both of the requirements of subsections (3)(a) or (3)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (5).,
38.740
(5) If the planning administrator makes an initial determination or public
comment received under subsection (4)(c) 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 subsections (3)(a) or (3)(b the planning administrator shall proceed as follows:
38.740.080
38.730
(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;
38.740.080
(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
38.740.080
(c) provide public notice of the planning administrator’s initial or revised initial determination in accordance with 76-25-106(3)(a) and (3)(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 subsection (5)(a) and (5)(b).
38.730 38.740.080
(6) Any additional data, analysis, comment, or consideration described in subsection (5) 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, amendment, or
update of the land use plan, zoning regulations, or zoning map.
38.740.080 38.740.090
(7) After the public comment period provided in subsection (5) 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 except as provided in 76-25-503.
38.100.070 38.740 38.760.030
(8) If an applicant proposes to develop a site in a manner or to an extent that the development is not in substantial compliance with the zoning regulations or map, the applicant may propose an amendment to the regulations or map and follow the process provided for in 76-25-304.
Statutory requirement, not code
(9) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis, and may be appealed as provided in 76-25-503."
38.740 38.760.030
Section 76-25-306. Zoning and annexation. Location in Proposed Regulation
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(1) A municipality shall review and consider a proposed annexation in
conjunction with the zoning regulations for the property to be annexed adopted pursuant to [section 18(1)(c)] following the procedures set forth in 76-25-305.
38.200.050
(2) The joint public process authorized in subsection (1) fulfills the notice and public hearing requirements for a proposed annexation required in Title 7, chapter 2, parts 42 through 47.
Statutory cross reference.
Section 76-25-401. Authority to adopt local subdivision regulations -- limitations. Location in Proposed
Regulation
(1) Within its respective jurisdiction, a local government shall regulate the creation of lots in substantial compliance with its adopted land use plan and zoning regulations by adopting subdivision regulations.
38.750
(b) The governing body of a county or city has the authority to adopt subdivision regulations in accordance with 76-25-401 through 76-25-413 by an ordinance that substantially complies with 7-5-103 through 7-5-107.
Not code, Ord. 2151 assigned (c) A municipality shall adopt subdivision regulations for those portions of the jurisdictional area outside the boundaries of the municipality that the governing body
anticipates may be annexed into the municipality over the next 20 years. Unless otherwise agreed to by the applicable jurisdictions, subdivision regulations on property outside the municipal boundaries may not apply or be enforced until the areas are annexed or being annexed into the municipality.
38.750 - will apply upon
annexation of the property.
(2) The subdivision regulations must provide a process for the application and consideration of subdivision exemptions, certificates of survey, preliminary plats, and final plats as necessary for the implementation of 38-25-101 through 38-25-504.
38.750
(3) (a) A local governing body may not require, as a condition for approval of a
subdivision under this 76-25-401 through 76-25-413:
No element
of the code violates these restrictions
(i) the payment of a fee for the purpose of providing housing for specified income levels or at specified sale prices; or
(ii) the dedication of real property for the purpose of providing housing for specified income levels or at specified sale prices.
(b) A dedication of real property prohibited in subsection (3)(a)(ii) includes a
payment or other contribution to a local housing authority or the reservation of real property for future development of housing for specified income levels or specified sale prices.
(4) The local governing body may not change, in the subdivision regulations or in the process for subdividing, any timelines or procedural requirements for an application to subdivide other than provided for in 76-25-401 through 76-25-413.
Section 76-25-402. Exemptions to subdivision review. Location in Proposed Regulation (1) The following divisions of land, if made in substantial compliance with zoning regulations adopted pursuant to [sections 18 through 24], are not subject to the requirements of 38-25-101 through 38-25-504:
38.750.140
(a) subject to subsection (2), the creation of four or fewer new lots or parcels from an original lot or parcel:
(i) by order of a court of record in this state;
(ii) by operation of law; or
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Section 76-25-402. Exemptions to subdivision review. Location in
Proposed Regulation
(iii) that, in the absence of agreement between the parties to a sale, could be created by court order in this state pursuant to the law of eminent domain, Title 70, chapter 30;
(b) subject to subsection (3), the creation of a lot to provide security for mortgages, liens, or trust indentures for the purpose of construction, improvements to the land being divided, or refinancing, if the land that is divided is not conveyed 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;
(c) the creation of an interest in oil, gas, minerals, or water that is severed from the surface ownership of real property;
(d) the creation of cemetery lots;
(e) the reservation of a life estate on a portion of a tract of record;
(f) the lease or rental of a portion of a tract of record for farming and agricultural purposes;
(g) the division of property over which the state does not have jurisdiction; (h) the creation of rights-of-way or utility sites; (i) the creation of condominiums, townhomes, townhouses, or conversions, as those terms are defined in 70-23-102, when any applicable park dedication
requirements as set forth in 76-25-401 through 76-25-413 are complied with;
(j) the lease or rental of contiguous airport-related land owned by a city, a county, the state, or a municipal or regional airport authority;
(k) subject to subsection (4), a division of state-owned land, unless the division creates a second or subsequent residential parcel from a single tract for sale, rent, or lease after July 1, 1974;
(l) the creation of lots by deed, contract, lease, or other conveyance executed prior to July 1, 1974;
(m) the relocation of common boundary lines between or aggregations of adjoining properties that does not result in an increase in the number of lots;
(n) a single gift or sale in each county to each member of the landowner's
immediate family; or
(o) subject to subsection (5), the creation of lots by deed, contract, lease, or other conveyance in which the landowner enters into a covenant with the governing body that runs with the land that provides that the divided land must be used exclusively for agricultural purposes.
(2) Before a court of record orders a division of land under subsection (1)(a), the court shall notify the governing body of the pending division and allow the governing body to present written comment on the division.
38.750.140.A
(3) A transfer of divided land by the owner of the property at the time that the land was divided to any party other than those identified in subsection (1)(b) subjects the division of land to the requirements of 38-25-101 through 38-25-504.
Requirement of law no local code required (4) Instruments of transfer of land that is acquired for state highways may refer by parcel and project number to state highway plans that have been recorded in compliance with 60-2-209 and are exempted from the surveying and platting requirements of [sections 1 through 38]. If the parcels are not shown on highway plans of record, instruments of transfer of the parcels must be accompanied by and refer to appropriate certificates of survey and plats when presented for recording.
38.750.150.A
(5) The governing body, in its discretion, may revoke the covenant provided for in subsection (1)(o) without subdivision review if the original lot lines are restored through aggregation of the covenanted land prior to or in conjunction with the revoking of the covenant.
Authorization of law no local code required.
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Section 76-25-403. Adoption and amendment of subdivision regulations. Location in Proposed Regulation (1) (a) The governing body shall adopt or amend subdivision regulations only after consideration by and on the recommendation of the planning commission. 38.750 38.770
(b) An amendment to adopted subdivision regulations may be initiated: 38.770.010
(i) by majority vote of the governing body;
(ii) 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
(iii) by a property owner, as related to an application for any zoning, subdivision, or other land use permit or approval.
(2) Prior to making a recommendation to the governing body to adopt or amend
subdivision regulations, the planning commission shall:
38.770
(a) provide public notice and participation in accordance with [section 6]; 38.730
(b) accept, consider, and respond to public comment on the proposed subdivision regulation or amendment to a subdivision regulation. All public comment must be part of the administrative record transmitted to the governing body.
38.770
(c) make a preliminary determination as to whether the subdivision regulation or amendment to a subdivision regulation is in substantial compliance with the land use plan and zoning regulations, including whether the regulation or amendment:
38.770.020
(i) enables the development of projected needed housing types identified in the land use plan and zoning regulations;
(ii) reflects applicable strategies from the land use plan and zoning regulations to
encourage the development of housing within the jurisdiction;
(iii) facilitates the adequate provision of public safety, emergency, utility, transportation, education, and any other local facilities or services for proposed development, as identified in the land use plan and zoning regulations;
(iv) reflects standards that provide for existing, new, or expanding commercial, industrial, and institutional enterprises identified in the land use plan and zoning regulations for economic growth;
(v) protects and maximizes the potential use of natural resources within the area, as identified in the land use plan and zoning regulations;
(vi) contains standards that minimize or avoid impacts to the natural environment
within the area, as identified in the land use plan and zoning regulations; and
(vii) contains standards that avoid or minimize dangers associated with natural hazards in the jurisdiction, as identified in the land use plan and zoning regulations; and
(d) preliminarily determine whether the proposed subdivision regulation or amendment to a subdivision regulation results in new or increased potential impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessments conducted for the land use plan and zoning regulations.
38.770.020
(3) If the planning commission finds new or increased potential impacts from the proposed regulation or amendment to a regulation pursuant to subsection (2)(d), the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission and the public with the opportunity, pursuant to [section 6], to comment on and consider all potential impacts resulting from adoption of the subdivision regulation or amendment to a subdivision regulation.
Statutory procedural requirement no code required.
(4) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to approve, modify, or reject the proposed subdivision regulation or amendment to a subdivision regulation.
38.770.030
(5) (a) The governing body shall consider each subdivision regulation or amendment to a subdivision regulation that the planning commission recommends to the governing body.
38.770.020
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Section 76-25-403. Adoption and amendment of subdivision regulations. Location in
Proposed Regulation
(b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, adopt with revisions that the governing body considers appropriate, or reject the subdivision regulation or amendment to a subdivision regulation as proposed by the planning commission.
38.770
(c) The governing body may not adopt or amend a subdivision regulation unless the governing body finds: 38.770.020
(i) the subdivision regulation or amendment to a subdivision regulation is in
substantial compliance with the land use plan and zoning regulations; and
(ii) the impacts resulting from development in substantial compliance with the proposed subdivision regulation or amendment to a subdivision regulation have been made available for public review and comment, which have been fully considered by the governing body.
(6) After the subdivision regulation or amendment to a subdivision regulation has been adopted by the governing body, there is a presumption that: 38.730
(a) all subdivisions in substantial compliance with the adopted regulation or amendment are in substantial compliance with the land use plan and zoning
regulations; and
(b) the public has been provided a meaningful opportunity to participate.
Section 76-25-404. Contents of local subdivision regulations. Location in Proposed Regulation (1) The subdivision regulations adopted under 76-25-401 through 76-25-413 are limited to the following requirements:
(a) the date the regulations initially become effective under 76-25-101 through 76-25-504 and the effective dates and the ordinance numbers for all subsequent amendments;
Adopting ordinance 2151
(b) design standards for all subdivisions in the jurisdiction, which may be
incorporated by reference or may be based on the information and analysis contained in the land use plan and zoning regulations, including:
38.200,
38.400, 38.410, 38.420 38.540 Article 6 (i) standards for grading and erosion control; 38.410.080 Chapter 40
(ii) standards for the design and arrangement of lots, streets, and roads; 38.400
38.410.020-040
(iii) standards for the location and installation of public utilities, including water supply and sewage and solid waste disposal; 38.410.070 38.410.050 (iv) standards for the provision of other public improvements; and 38.410 38.780
(v) legal and physical access to all lots; 38.410.090
(c) when a subdivision creates parcels with lot sizes averaging less than 5 acres, a requirement that the subdivider: 38.410.110 38.710.030 38.710.050
(i) 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 who have a legal right to the water, and reserve and sever any remaining surface water rights from the land;
(ii) if the land to be subdivided is subject to a contract or interest in a public or private entity formed to provide the use of a water right on the subdivision lots,
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Section 76-25-404. Contents of local subdivision regulations. Location in
Proposed Regulation
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
(iii) reserve and sever all surface water rights from the land;
(d) except as provided in subsection (2), a requirement that the subdivider establish ditch easements that: 38.310.010 38.410.060 (i) are in locations of appropriate topographic characteristics and sufficient width to allow the physical placement and unobstructed maintenance of open ditches or
belowground pipelines for 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 on the subdivision lots;
(ii) unless otherwise provided for under a separate written agreement or filed easement, provide for the unobstructed use and maintenance of existing water delivery ditches, pipelines, and facilities in the subdivision that are necessary to convey water
through the subdivision to lands adjacent to or beyond the subdivision boundaries in quantities and in a manner that are consistent with historic and legal rights;
(iii) are a sufficient distance from the centerline of the ditch to allow for construction, repair, maintenance, and inspection of the ditch; and
(iv) prohibit the placement of structures or the planting of vegetation other than grass within the ditch easement without the written permission of the ditch owner;
(e) criteria that the planning administrator must use to determine whether a proposed method of disposition using the exemptions provided in 76-25-101 through 76-25-504 is an attempt to evade the requirements of 76-25-101 through 76-
25-504;
38.750.140
(f) a list of the materials that must be included in order for the application to be determined complete; 38.710.020-060 38.710.090 38.710.120 38.710.170 (g) subject to subsection (4), identification of circumstances or conditions that may necessitate the denial of any or specific types of development, such as unmitigable
natural hazards, insufficient water supply, inadequate drainage, lack of access, inadequate public services, or the excessive expenditure of public funds for the supply of the services;
38.100.050 38.100.080
38.400 38.410 38.420 Article 6
(h) subject to subsection (5), a list of public utilities and agencies of local, state, and federal government that the local government must seek input from during review of an application and for what information or analysis; or
38.750.070
(i) subject to subsection (6), requirements for the dedication of land, cash-in-lieu thereof, or a combination of both for parks and recreation purposes, not to exceed 0.03 acres per dwelling unit.
38.420.020
(2) A land donation under this section may be inside or outside of the subdivision. 38.420.050 38.420.090 (3) The regulations may not require ditch easements if: 38.410.060 (a) the average lot size is 1 acre or less and the subdivider provides for disclosure, in a manner acceptable to the governing body, that adequately notifies potential buyers of lots that are classified as irrigated land that the lots 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 land through an appropriate legal or administrative process and the removal or intended removal is denoted on the preliminary plat. If
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Section 76-25-404. Contents of local subdivision regulations. Location in
Proposed Regulation
removal of water rights is not complete upon filing of the final plat, the subdivider shall provide written notification to prospective buyers of the intent to remove the water right and shall document that intent, when applicable, in agreements and legal documents for related sales transactions. (4) (a) The regulations must prohibit development in circumstances or conditions identified in subsection (1)(g) unless the hazards or impacts may be eliminated or
overcome by approved construction techniques or other mitigation measures identified in the subdivision regulations.
38.750.090
(b) Approved construction techniques or other mitigation measures described in subsection (4)(a) may not include building regulations as defined in 50-60-101 other than those identified by the department of labor and industry as provided in 50-60-901.
Not code
(5) If a proposed subdivision is situated within a rural school district, as described in 20-9-615, the local government shall provide a copy of the application and preliminary plat to the school district.
Not applicable to Bozeman
(6) (a) A park dedication may not be required for: 38.420.020
(i) land proposed for subdivision into parcels larger than 5 acres;
(ii) subdivision into parcels that are all nonresidential;
(iii) a subdivision in which parcels are not created, except when that subdivision
provides multiple permanent spaces for recreational camping vehicles, mobile homes, or condominiums; or
(iv) a subdivision in which only one additional parcel is created.
(b) Subject to the approval of the local governing body and acceptance by the school district trustees, a subdivider may dedicate a land donation provided in subsection (6)(a) to a school district to be used for school facilities or buildings.
38.420.100
Section 76-25-408. Local review procedure for divisions of land. Location in Proposed Regulation
(1) An applicant may request a preapplication submittal and response from the
planning administrator prior to submitting a subdivision application. The preapplication review must take place no more than 30 business days from the date that the planning administrator receives a written request for a preapplication review from the subdivider.
38.750.050
(2) On receipt of an application for an exemption from subdivision review under [section 26] that contains all materials and information required by the governing body under subsection (5), the local government:
38.750.150
(a) shall approve or deny the application within 20 business days; (b) may not impose conditions on the approval of an exemption from subdivision review except for conditions necessary to ensure compliance with the survey requirements of 76-25-412(1)]; and
(c) may require the certificate of survey to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the certificate of survey. A professional land surveyor may not act as an examining land surveyor in regard to a certificate of survey in which the surveyor has a financial or personal interest.
(3) (a) When a proposed subdivision lies entirely within an incorporated city or is proposed for annexation into the city, the application and preliminary plat must be submitted to and approved by the city.
38.100.090
(b) Except as provided in subsection (3)(c), when a proposed subdivision lies entirely in an unincorporated area, the application and preliminary plat must be submitted to and approved by the county.
Not applicable
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Section 76-25-408. Local review procedure for divisions of land. Location in
Proposed Regulation
(c) If the proposed subdivision lies within an area subject to increased growth pressures, higher development densities, or other urban development influences identified by either jurisdiction in [section 14], the jurisdiction shall provide other impacted jurisdictions the opportunity to review and comment on the application.
Not applicable, Bozeman’s review is only within the city.
(d) If the proposed subdivision lies partly within an incorporated city, the
application and preliminary plat must be submitted to and approved by both the city and the county governing bodies.
38.100.090
(4) A subdivision application is considered received on the date the application is delivered to the reviewing agent or agency if accompanied by the review fee. 38.750.070
(5) (a) The planning administrator has 20 business days to determine whether the application contains all information and materials necessary to complete the review of the application as set forth in the local subdivision regulations.
38.750.020
(b) The planning administrator may review subsequent submissions of the application only for information found to be deficient during the original review of the
application under subsection (5)(a).
38.750.070
(c) A determination that an application contains sufficient information for review as provided in subsection (5)(a) does not ensure approval or conditional approval of the proposed subdivision and does not limit the ability of the planning administrator to request additional information during the review process.
38.750.070
(6) A subdivider may propose a phasing plan for approval with a preliminary plat. The phasing plan must include a phasing plan and map that demonstrates what lots will be included with each phase, what public facilities will be completed with each
phase, and the timeline for the proposed phases.
38.710.040 38.750.080 38.750.100
(7) After accepting a complete application proposing subdivision of a site, the planning administrator shall make an initial determination of whether:
38.750.090
(a) The proposed subdivision, with or without variances or deviations from adopted standards, is in substantial compliance with the zoning and subdivision regulations; and
(b) all impacts resulting from the proposed subdivision were previously analyzed and made available for public review and comment in the adoption, amendment, or update
of the land use plan, zoning regulations, and subdivision regulations.
(8) (a) If the planning administrator makes an initial determination that the proposed subdivision, with or without variances or deviations from adopted standards, meets subsections the requirements of (7)(a) and (7)(b), the planning administrator shall provide public notice of its initial determination in accordance with 76-25-106(3)(a) and (3)(b) and a 15-business-day written public comment period during which the public must have an opportunity to comment on the initial determination.
38.750.090
(b) Unless public comment received on or before the last day of the comment period provided in subsection (8)(a) supports a determination that the proposed subdivision fails to meet either one or both of the requirements of subsections (7)(a) or (7)(b), 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 76-25-503.
(c) If public comment received on or before the last day of the comment period in subsection (8)(a) provides evidence that the proposed subdivision fails to meet either one or both of the requirements of subsections (7)(a) or (7)(b), the planning administrator shall proceed with further review of the application as set forth in subsection (9).
(9) If the planning administrator makes an initial determination or public comment received under subsection (8)(c) provides evidence that a proposed subdivision of a
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Section 76-25-408. Local review procedure for divisions of land. Location in
Proposed Regulation
site that, with or without variances or deviations from adopted standards, fails to meet either one or both of the requirements of subsections (7)(a) or (7)(b), the planning administrator shall proceed as follows:
(a) request the applicant to 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 and subdivision regulations 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, and subdivision regulations;
(b) collect additional any data or perform any additional analysis that 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 and subdivision regulations and any new or significantly increased
potential impacts not previously identified or considered in the adoption, amendment, or update of the land use plan, zoning regulations, and subdivision regulations; and
(c) provide public notice of the planning administrator's initial or revised initial determination in accordance with 76-25-106(3)(a) and (3)(b) of a written comment period of 15 business days during which the public must have an opportunity to participate and comment on the data collected and analysis performed pursuant to subsections (9)(a) and (9)(b)..
38.730 38.750.080
(b) Any additional analysis or public comment on the proposed development is
limited to only new or significantly increased potential impacts resulting from the proposed development to the extent that the impact was not previously identified in the consideration and adoption of the land use plan, zoning regulations, subdivision regulations, or any amendments thereto.
38.750.080
(9) Within 30 business days of the end of the written comment period provided in subsection (8)(a)(iii), the planning administrator shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application.
38.750.090
(10) Any additional data, analysis, comment, or consideration described in
subsection (9) must be limited to the lack of substantial compliance with the zoning and subdivision regulations and any new or significantly increased potential impacts resulting from the proposed subdivision to the extent that the impact was not previously identified in the adoption, amendment, or update of the land use plan, zoning regulations, zoning map, or subdivision regulations.
(11) Within 30 business days of the end of the written comment period provided in subsection (8)(a)(iii) (9)(c), the planning administrator shall issue written findings
stating the results of the public comment and shall issue a written decision to approve, conditionally approve, or deny a proposed subdivision application, which may be appealed as provided in 76-25-503.
(12) 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:
38.750.090
(a) meets the requirements and standards of 76-25-101 through 76-25-504; (b) meets the survey requirements provided in 76-25-412(1)]; (c) provides the necessary easements within and to the proposed subdivision for the location and installation of any planned utilities; and
(d) provides the necessary legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel.
(13) (a) The written decision must identify each finding required in subsection (12) that supports the decision to approve, conditionally approve, or deny a proposed 38.750.090
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Section 76-25-408. Local review procedure for divisions of land. Location in
Proposed Regulation
preliminary plat, including any conditions placed on the approval that must be satisfied before a final plat may be approved. (b) The written decision must identify all facts that support the basis for each finding and each condition and identify the regulations and statutes used in reaching each finding and each condition.
(c) When requiring mitigation as a condition of approval, a local government may not unreasonably restrict a landowner's ability to develop land. However, in some
instances, the local government may determine that the impacts of a proposed development are unmitigable and preclude approval of the subdivision.
38.700.010
(14) The written decision to approve, conditionally approve, or deny a proposed subdivision must: 38.750.090 38.750.100 (a) be provided to the applicant; (b) be made available to the public; (c) include information regarding the appeal process; and (d) state the timeframe the approval is in effect. (15) Any changes to an approved preliminary plat that increases the number of lots or redesigns or rearranges six or more lots must undergo consideration and approval of an amended plat following the requirements of this section.
(16) Ministerial permits may be issued by the planning administrator without any discretionary review or analysis, and may be appealed as provided in 76-25-503. 38.750.140
Section 76-25-409. Effect of preliminary plat approval. Location in
Proposed Regulation
(1) (a) An approved or conditionally approved preliminary plat must be in effect for not more than 5 calendar years and not less than 1 calendar year. 38.750.100
(b) At the end of the period, the planning administrator may, at the request of the subdivider, extend the approval once by written agreement. 38.750.100
(c) On receipt of a request for an extension, the planning administrator shall determine whether the preliminary plat remains in substantial compliance with the zoning and subdivision regulations. If the preliminary plat is no longer in substantial
compliance with the zoning or subdivision regulations, the extension may not be granted.
38.750.100
(d) After a preliminary plat is approved, the local government may not impose any additional conditions as a prerequisite to final plat approval if the approval is obtained within the original or extended approval period.
38.100.070 38.750.090
(e) Any subsequent requests by the subdivider for extension of the approval must be reviewed and approved by the governing body. 38.750.100
(2) An approved or conditionally approved phased preliminary plat must be in effect for 20 calendar years. 38.750.100
Section 76-25-410. Local review procedure for final plats. Location in Proposed Regulation
(1) The following must be submitted with a final plat application:
(a) information demonstrating the final plat conforms to the written decision and all conditions of approval set forth on the preliminary plat; 38.710.060
(b) a plat that meets the survey requirements provided in [section 33(1)]; and 38.750.120 (c) confirmation the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid. 38.750.120
(2) The final plat may be required to be reviewed for errors and omissions in calculation or drafting by an examining land surveyor before filing with the county clerk Examining Land
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Section 76-25-410. Local review procedure for final plats. Location in
Proposed Regulation
and recorder. The examining land surveyor shall certify compliance in a printed or stamped certificate signed by the surveyor on the final plat. A professional land surveyor may not act as an examining land surveyor in regard to a plat in which the surveyor has a financial or personal interest.
Surveyor not in use by County
(3) 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.
38.750.120
(4) (a) Within 10 business days of receipt of a final plat, the planning administrator shall determine whether the final plat contains the information required under subsection (1) and shall notify the subdivider in writing.
38.750.120
(b) If the planning administrator determines that the final plat does not contain the information required under subsection (1), the planning administrator shall identify the final plat's defects in the notification.
38.750.120
(c) The planning administrator 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).
38.750.120
(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 planning administrator to request additional information during the review process.
38.750.120
(5) Once a determination is made under subsection (4) that the final plat contains the information required under subsection (1), the governing body shall review and approve or deny the final plat within 20 business days.
38.750.120
(6) The subdivider or the subdivider's agent and the governing body or its reviewing
agent or agency may mutually agree to extend the review periods provided for in this section.
38.750.120
(7) (a) 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) through (6).
38.750.100
(b) 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 76-25-408(9).
38.750.080
(c) If necessary to mitigate impacts identified in subsection (7)(b), the planning administrator may impose conditions on any phase before final plat approval is sought.
Section 76-25-411. Filing and recordation of plats and certificates of survey. Location in Proposed Regulation
(1) (a) Except as provided in subsection (1)(b), every final plat or certificate of survey must be filed for record with the county clerk and recorder before title to the land may be sold or transferred in any manner. The clerk and recorder of the county may not accept any final plat or certificate of survey for record that has not been approved in accordance with 76-25-401 through 76-25-413 unless the final plat or certificate of survey is located in an area over which the state does not have jurisdiction.
38.750.010
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(b) After the preliminary plat of a subdivision has been approved or conditionally
approved, the subdivider may enter into contracts to sell lots in the proposed subdivision if all of the following contract conditions are imposed and met:
Applicable
without code – Not city action (i) the purchasers of lots in the proposed subdivision make payments to an escrow agent, which must be a bank or savings and loan association chartered to do business in the state of Montana;
(ii) the payments made by purchasers of lots in the proposed subdivision may not be distributed by the escrow agent to the subdivider until the final plat of the
subdivision is filed with the county clerk and recorder;
(iii) if the final plat of the proposed subdivision is not filed with the county clerk and recorder within the approval period of the preliminary plat, the escrow agent shall immediately refund to each purchaser any payments the purchaser has made under the contract;
(iv) the county treasurer has certified that no real property taxes assessed and levied on the land to be divided are delinquent; and
(v) the following language is conspicuously set out in each contract: "The real property that is the subject of this contract has not been finally platted, and until a final
plat identifying the property has been filed with the county clerk and recorder, title to the property may not be transferred in any manner".
(2) (a) Subject to subsection (2)(b), no division of land may be made unless the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be divided have been paid.
38.750.120 38.750.140.H 38.750.150
(b) (i) If a division of land includes centrally assessed property and the property taxes applicable to the division of land are not specifically identified in the tax assessment, the department of revenue shall prorate the taxes applicable to the land
being divided on a reasonable basis. The owner of the centrally assessed property shall ensure that the prorated real property taxes and special assessments are paid on the land being sold before the division of land is made.
Applicable without code – not city
action
(ii) The county treasurer may accept the amount of the tax prorated pursuant to this subsection (2)(b) as a partial payment of the total tax that is due.
(3) (a) The county clerk and recorder shall maintain an index of all recorded and filed subdivision plats and certificates of survey.
(b) The index must list plats and certificates of survey by the quarter section, section, township, and range in which the platted or surveyed land lies and must list the
recording or filing numbers of all plats or certificates of survey depicting lands lying within each quarter section. Each quarter section list must be definitive to the exclusion of all other quarter sections. The index must also list the names of all subdivision plats in alphabetical order and the place where filed.
(4) The recording of any plat made in compliance with the provisions of [sections 1 through 38] must serve to establish the identity of all lands shown on and being part of the plat. When lands are conveyed by reference to a plat, the plat itself or any copy of the plat properly certified by the county clerk and recorder as being a true copy thereof must be regarded as incorporated into the instrument of conveyance and must be received in evidence in all courts of this state.
Applicable without code – not city action
(5) (a) Any plat prepared and recorded as provided in 76-25-401 through 76-25-413 may be vacated either in whole or in part as provided by 7-5-2501, 7-5-2502, 7-14-2616(1) and (2), 7-14-2617, 7-14-4114(1) and (2), and 7-14-4115. Upon vacation, the governing body or the district court, as provided in 7-5-2502, shall determine to which properties the title to the streets and alleys of the vacated portions must revert. The governing body or the district court, as provided in 7-5-2502, shall take into consideration:
38.750.030
(i) the previous platting; (ii) the manner in which the right-of-way was originally dedicated, granted, or conveyed;
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(iii) the reasons stated in the petition requesting the vacation;
(iv) the parties requesting the vacation; and
(v) any agreements between the adjacent property owners regarding the use of
the vacated area. The title to the streets and alleys of the vacated portions may revert to one or more of the owners of the properties within the platted area adjacent to the vacated portions.
(b) Notwithstanding the provisions of subsection (5)(a), when any poleline, pipeline, or any other public or private facility is located in a vacated street or alley at the time of the reversion of the title to the vacated street or alley, the owner of the public or private utility facility has an easement over the vacated land to continue the
operation and maintenance of the public utility facility.
Section 76-25-412. Survey requirements. Location in Proposed Regulation (1) Divisions of land under 76-25-101 through 76-25-504 must follow the uniform standards governing monumentation, certificates of survey, and subdivision plats prescribed and adopted by the board of professional engineers and professional land surveyors.
38.750.090 38.750.120 38.750.130
(2) All division of sections into aliquot parts and retracement of lines must conform
to United States bureau of land management instructions, and all public land survey corners must be filed in accordance with Title 70, chapter 22, part 1. Engineering plans, specifications, and reports required in connection with public improvements and other elements of the subdivision required by the governing body must be prepared and filed by a registered engineer or a registered land surveyor, as their respective licensing laws allow, in accordance with 76-25-401 through 76-25-413 and regulations
adopted pursuant to 76-25-401 through 76-25-413.
(3) All divisions of land for sale other than a subdivision created after July 1, 1974, divided into parcels that cannot be described as 1/32 or larger aliquot parts of a United States government section or a United States government lot must be surveyed by or under the supervision of a registered land surveyor. Surveys required under this section must comply with the requirements of subsection (8).
(4) Except as provided in 70-22-105, within 180 days of the completion of a survey, the professional land surveyor responsible for the survey, whether the surveyor
is privately or publicly employed, shall prepare and submit for filing a certificate of survey in the county in which the survey was made if the survey:
(a) provides material evidence not appearing on any map filed with the county clerk and recorder or contained in the records of the United States bureau of land management;
(b) reveals a material discrepancy in the map;
(c) discloses evidence to suggest alternate locations of lines or points; or
(d) establishes one or more lines not shown on a recorded map, the positions of which are not ascertainable from an inspection of the map without trigonometric calculations.
(5) A certificate of survey is not required for any survey that is made by the United States bureau of land management, that is preliminary, or that will become part of a subdivision plat being prepared for recording under the provisions of 76-25-101 through 76-25-504.
(6) It is the responsibility of the governing body to require the replacement of all monuments removed in the course of construction.
(7) (a) A registered land surveyor may administer and certify oaths when:
(i) it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;
(ii) a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated; or
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Section 76-25-412. Survey requirements. Location in
Proposed Regulation
(iii) the importance of the survey makes it desirable to administer an oath to the surveyor's assistants for the faithful performance of their duty.
(b) A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under subsection (4).
(8) (a) (i) A surveyor who completes a survey identified in subsection (8)(b) that establishes or defines a section line and creates a parcel that crosses the established or defined section line so that an irrigation district assessment boundary is included in
more than one section shall note on the survey the acreage of the farm unit or created parcel in each section.
(ii) The surveyor shall notify the appropriate irrigation district of the existence of the survey and the purpose of the survey.
(b) The requirements of subsection (8)(a) apply only to surveys for which the surveyor determines that, based on available public records, the survey involves land:
(i) traversed by a canal or ditch owned by an irrigation district; or
(ii) included in an irrigation district.
Section 76-25-413. Public improvements and extension of capital facilities. Location in Proposed Regulation
(1) Except as provided in subsections (1)(a) and (1)(c), the governing body shall
require the subdivider to complete required improvements within the proposed subdivision prior to the approval of the final plat.
38.780
(a) (i) In lieu of the completion of the construction of any public improvements prior to the approval of a final plat, the governing body shall, at the subdivider's option, allow the subdivider to provide or cause to be provided a bond or other reasonable security, in an amount and with surety and conditions satisfactory to the governing body, providing for and securing the construction and installation of the improvements within
a period specified by the governing body and expressed in the bonds or other security. The governing body shall reduce bond or security requirements commensurate with the completion of improvements. Failure of the local government to require the renewal of a bond does not waive the subdivider's responsibility to complete the required improvements prior to the approval of the final plat.
38.780.060
(ii) In lieu of requiring a bond or other means of security for the construction or installation of all the required public improvements under subsection (2)(a)(i), the
governing body may enter into a subdivision improvements agreement with the subdivider that provides for an incremental payment, guarantee plan, or other method of completing the necessary improvements to serve the development as set forth in the preliminary plat approval.
(b) Approval by the governing body of a final plat prior to the completion of required improvements and without the provision of the security required under subsection (1)(a) is not an act of a legislative body for the purposes of 2-9-111.
Not code
(c) The governing body may require a percentage of improvements or specific types of improvements necessary to protect public health and safety to be completed before allowing bonding, other reasonable security, or entering into a subdivision improvements agreement for purposes of filing a final plat. The requirement is applicable to approved preliminary plats.
38.780.060
(2) (a) A local government may require a subdivider 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, sewer lines, water supply lines, and storm drains to a subdivision. The costs must reasonably reflect the expected impacts directly attributable to the subdivision. A local government may not require a subdivider
38.780.070
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Section 76-25-413. Public improvements and extension of capital facilities. Location in
Proposed Regulation
to pay or guarantee payment for part or all of the costs of constructing or extending capital facilities related to education. (b) All fees, costs, or other money paid by a subdivider under this subsection (2) must be expended on the capital facilities for which the payments were required.
Section 76-25-502. Variances. Location in Proposed Regulation
(1) All land use regulations must include a process for the submission and review of
variances.
38.710.150
38.760.010 38.760.060
(2) The application for a variance must be for relief from land or building form design standards or subdivision design and improvement standards.
(3) Variance applications must be considered and approved or approved with conditions before application or in conjunction with application for a zoning permit or subdivision approval.
(4) The granting of a variance must meet all of the following criteria: (a) the variance is not detrimental to public health, safety or general welfare; (b) the variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;
(c) 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;
(d) the variance may not cause a substantial increase in public costs; and
(e) the variance may not place the property in nonconformance with any other regulations.
(5) Additional criteria may apply if the variance is associated with a floodplain or floodway pursuant to the requirements of Title 76, chapter 5. 38.760.060
(6) Variance requests must be reviewed and determined by the planning administrator. The planning administrator's decision is final and no further action may be taken except as provided in 76-25-503.
38.700.010 38.760.030
Section 76-25-501. Fees. Public
Document Location
The governing body may establish reasonable fees to be paid by an applicant for a zoning permit, subdivision application, appeals, or any other review performed by the local government pursuant to 76-25-101 through 76-25-504 to defray the expense of performing the review.
38.700.140
Section 76-25-503. Appeals. Public Document Location (1) Appeals of any final decisions made pursuant to 76-25-101 through 76-25-504 must be made in accordance with this section. 38.700.140 38.700.010 38.710.140 38.760.010 38.760.030 (2) For a challenge to the adoption of or amendment to a land use plan, zoning regulation, zoning map, or subdivision regulation, a petition setting forth the basis for the challenge must be presented to the district court within 30 days of the date of the resolution or ordinance adopted by the governing body.
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Section 76-25-503. Appeals. Public
Document Location
(3) (a) Any final administrative land use decision, including but not limited to approval or denial of a zoning permit, preliminary plat or final plat, imposition of a condition on a zoning permit or plat, approval or denial of a variance from a zoning or subdivision regulation, or interpretation of land use regulations or map may be appealed by the applicant or any aggrieved person to the planning commission.
(b) An appeal under subsection (3)(a) must be submitted in writing within 15
business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) (i) The planning commission shall hold a public hearing to hear the appeal de novo. The planning commission is not bound by the decision that has been appealed, but the appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.
(ii) Notice of the appeal must be published as provided in 7-1-2121 or 7-1-4127, as applicable. 38.730.020
(e) A decision of the planning commission on appeal takes effect on the date when
the planning commission issues a written decision.
(4) (a) Any final land use decision by the planning commission may be appealed by the applicant, planning administrator, or any aggrieved person to the governing body.
(b) An appeal under subsection (4)(a) must be submitted in writing within 15 business days of the challenged decision, stating the facts and raising all grounds for appeal that the party may raise in district court.
(c) (i) The governing body shall hold a public hearing to hear the appeal de novo. The governing body is not bound by the decision that has been appealed, but the
appeal must be limited to the issues raised on appeal. The appellant has the burden of proving that the appealed decision was made in error.
(ii) Notice of the appeal must be published as provided in 7-1-2121 or 7-1-4127, as applicable. 38.730.020
(d) A decision of the governing body on appeal takes effect on the date when the governing body issues a written decision.
(5) (a) No person may challenge in district court a land use decision until that person has exhausted the person's administrative appeal process as provided in this section.
(b) Any final land use decision of the governing body may be challenged by
presenting a petition setting forth the grounds for review of a final land use decision with the district court within 30 calendar days after the written decision is issued.
(c) A challenge in district court to a final land use decision of the governing body is limited to the issues raised by the challenger on administrative appeal.
(6) Every final land use decision made pursuant to this section must be based on the administrative record as a whole and must be sustained unless the decision being challenged is arbitrary, capricious, or unlawful.
(7) Nothing in 76-25-101 through 76-25-504 is subject to any provision of Title 2, chapter 4.
76-25-504. Enforcement and penalties. Public Document Location
(1) A local government may, by ordinance, establish civil penalties for violations of any of the provisions of 76-25-101 through 76-25-504 or of any ordinances adopted under the authority of 76-25-101 through 76-25-504.
38.700.160
(2) Prior to seeking civil penalties against a property owner, a local government shall provide:
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Montana Land Use Planning Act Compliance Documentation
Page 30 of 30
76-25-504. Enforcement and penalties. Public
Document Location
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the owner of record on file in the office of the county recorder;
(b) a reasonable opportunity to cure a noticed violation; and (c) a schedule of the civil penalties that may be imposed on the owner for failure to cure the violation before expiration of a time certain.
(3) A local government may, in addition to other remedies provided by law, seek:
(a) an injunction, mandamus, abatement, or any other appropriate action provided for in law;
(b) proceedings to prevent, enjoin, abate, or remove an unlawful building, use, occupancy, or act; or
(c) criminal prosecution for violation of any of the provisions of 76-25-101
through 76-25-504 or of any ordinances adopted under the authority of 76-25-101 through 76-25-504 as a misdemeanor punishable by a fine not to exceed $500 per day for each violation.
(4) In any enforcement action taken under this section or remedy sought thereunder, the parties shall pay their own costs and attorney fees.
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Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Director of Community Development
SUBJECT:Annexation and Zone Map Amendment Requesting Annexation and the
Establishment of an Initial Zoning Designation of R-3 on 17.92 Acres, the L
Street Annexation, Application 25360
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Community Development - Legislative
RECOMMENDATION:Recommended City Commission Annexation Motion:
Having reviewed and considered the staff report, application materials,
public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 25360 and move to approve the L
Street Annexation subject to the terms of annexation and direct staff to
prepare an annexation agreement.
Recommended City Commission Zoning Motion:
Having reviewed and considered the staff report, application materials,
public comment, recommendation of the Zoning Commission, and all
information presented, I hereby adopt the findings presented in the staff
report for application 25360 and move to approve the L Street Zone Map
Amendment with contingencies of approval necessary to complete adoption
of an implementing ordinance.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The applicant and property owners seek to annex three existing parcels
consisting of 17.92 acres plus adjacent rights-of-way into the City limits and
establish an initial zoning of R-3, Residential Medium Density District. The
property is currently zoned A-S, Agricultural Suburban, within the County
administered Gallatin County Bozeman Area Zoning District.
The properties make up a significant portion of an unannexed island with
city limits. The unannexed island consists of 52.5 acres of which this
annexation totals 17.92 acres or 34 percent of the area. Existing county
zoning is split equally of R-S, Residential Suburban and A-S, Agricultural
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Suburban. The northern boundary of the property is directly adjacent to the
Story Mill Park.
The properties are largely vacant and undeveloped apart from some minor
agricultural buildings and an existing well. The east Gallatin River bisects the
property with adjacent potential wetlands as shown on the annexation map.
A full wetland delineation will be required with any future site development.
It also abuts the Pole Yard Urban Renewal District on the southern edge.
The Subject Property is located within the Idaho Pole Co. Superfund Site
boundary and the associated Controlled Groundwater Area (CGA). Any
future development of the property will require the installation of municipal
utilities provided by the City to support residential use. The CGA requires
that any excavation or disturbance of the soil be approved by the
Environmental Protection Agency (EPA) and the Montana Department of
Environmental Quality (MDEQ). The applicant acknowledges this
requirement and will obtain the necessary approval prior to development.
The Subject Property lies outside of both the Treated Soils Area (TSA) and
the Residential Restricted Area.
The proposed annexation would bring in additional right of way to build out
sections of L Street and Story Mill Road upon future development along with
additional internal local street network.
The Community Development Board acting in their capacity as the Zoning
Commission held a public hearing on December 1, 2025. After hearing all
information presented and allowing for public comment, no comment was
provided, the Board focused discussion on transportation needs, city
services, the fact that city standards are better suited to address potential
development constraints on the site, and appropriate density for the
property. In conclusion, the Board voted (4:2) to recommend the City
Commission approve the requested zoning of R-3.
The full recording of the deliberations can be viewed at the following link.
The discussion starts at time stamp 34:50. Hearing recording. [External Link]
Public comment has been received on this application and can be reviewed
at the following link [External Link].
UNRESOLVED ISSUES:There are no identified conflicts on this application.
ALTERNATIVES:1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended
zoning;
3. Deny the application based on findings of non-compliance with the
applicable criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or
the applicant to supply additional information or to address specific items.
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FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by this Annexation or Zone Map Amendment.
Attachments:
25360 L Street Annex_ZMA CC.pdf
Report compiled on: December 2, 2025
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Page 1 of 44
25360 Staff Report for the L Street Annexation and ZMA
Public Hearings: Community Development Board (map amendment only) December 1,
2025
City Commission (Annexation and map amendment) December 16, 2025
Project Description: An application to annex three parcels of 17.92 acres into city limits
and amendment of the City Zoning Map for the establishment of a zoning
designation of R-3, Residential Medium Density, Application 25360.
Project Location: The property is addressed as 1215 L Street and generally located west
of the intersection of L Street and Story Mill Road. The property consists of three
parcels: Parcel I (9 acres) located in the Southwest One-quarter (SW1/4) of the
Northwest One-Quarter (NW ¼) West of Road and East of the River situated in
Section Five (5), Township Two (2) South, Range Six (6) East. Parcel II (0.96 acre)
located in the Southwest One-quarter (SW1/4) of the Northwest One-Quarter
(NW ¼) Section Five (5), in Township Two (2) South, Range Six (6) East, Abandoned
Menard Line. Parcel V (7.96 acres) described as Tract J in the Southwest One-
quarter (SW ¼) of the Northwest One-Quarter (NW ¼), Section Five (5) and the
Southeast One-Quarter (SE ¼) of the Northeast One-Quarter (NE ¼) Section Six
(6), in Township Two (2) South, Range Six (6). All parcels in Section 5 and Section
6, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana.
Recommendation: Meets standards for approval with terms of annexation and
contingencies.
Recommended Zoning Commission Motion: Having reviewed and considered the staff
report, application materials, public comment, and all information presented, I
hereby adopt the findings presented in the staff report for application 25360 and
move to recommend approval of the L Street Zone Map Amendment, with
contingencies required to complete the application processing.
Recommended City Commission Annexation Motion: Having reviewed and
considered the staff report, application materials, public comment, and all
information presented, I hereby adopt the findings presented in the staff report
for application 25360 and move to approve the L Street Annexation subject to the
terms of annexation and direct staff to prepare an annexation agreement.
Recommended City Commission Zoning Motion: Having reviewed and considered the
staff report, application materials, public comment, recommendation of the
Zoning Commission, and all information presented, I hereby adopt the findings
presented in the staff report for application 25360 and move to approve the L
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 2 of 44
Street Zone Map Amendment with contingencies of approval necessary to
complete adoption of an implementing ordinance.
Report Date: December 2, 2025
Staff Contact: Tom Rogers, Senior Planner
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment
received to date. This report addresses both the zoning amendment for Community
Development Board acting in their capacity as the Zoning Commission, as well as the
annexation and the zoning amendment for the City Commission. The application
materials are available on the City’s website in the laserfiche archive.
The application was found adequate prior to the adoption of the 2025 Bozeman Land Use
Plan. Therefore, review of the application follows the review process and criteria of the
Bozeman Community Plan 2020 and review of the development code at that time.
Unresolved Issues
There are no identified conflicts on this application.
Project Summary
The applicant and property owners seek to annex three existing parcels consisting of
17.92 acres plus adjacent rights-of-way into the City limits and establish an initial zoning
of R-3, Residential Medium Density District. If the application is approved and filly
executed, the UDC Update will change the R-3 zone to R-B for all future development
proposals. The property is currently zoned A-S, Agricultural Suburban, within the County
administered Gallatin County Bozeman Area Zoning District.
The properties make up a significant portion of an unannexed island with city limits. The
unannexed island consists of 52.5 acres of which this annexation totals 17.92 acres or
34 percent of the area. Existing county zoning is split equally of R-S, Residential
Suburban and A-S, Agricultural Suburban. The northern boundary of the property is
directly adjacent to the Story Mill Park.
The properties are largely vacant and undeveloped apart from some minor agricultural
buildings and an existing well. The east Gallatin River bisects the property with adjacent
potential wetlands as shown on the annexation map. A full wetland delineation will be
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 3 of 44
required with any future site development. It also abuts the Pole Yard Urban Renewal
District on the southern edge.
The Subject Property is located within the Idaho Pole Co. Superfund Site boundary and
the associated Controlled Groundwater Area (CGA). Any future development of the
property will require the installation of municipal utilities provided by the City to support
residential use. The CGA requires that any excavation or disturbance of the soil be
approved by the Environmental Protection Agency (EPA) and the Montana Department
of Environmental Quality (MDEQ). The applicant acknowledges this requirement and will
obtain the necessary approval prior to development. The Subject Property lies outside of
both the Treated Soils Area (TSA) and the Residential Restricted Area.
The proposed annexation would bring in additional right of way to build out sections of L
Street and Story Mill Road upon future development along with additional internal local
street network.
In determining whether the criteria applicable to this application are met, Staff considers
the entire body of plans and regulations for land development. Standards which prevent
or mitigate possible negative impacts are incorporated in many locations in the
municipal code but are principally in Chapter 38, Unified Development Code.
References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to
the Bozeman Municipal Code.
Community Development Board (Zoning Commission) Summary
The Community Development Board acting in their capacity as the Zoning Commission
held a public hearing on December 1, 2025. After hearing all information presented and
allowing for public comment, no comment was provided, the Board focused discussion
on transportation needs, city services, the fact that city standards are better suited to
address potential development constraints on the site, and appropriate density for the
property. In conclusion, the Board voted (4:2) to recommend the City Commission
approve the requested zoning of R-3.
The full recording of the deliberations can be viewed at the following link. The discussion
starts at time stamp 34:50. Hearing recording. [External Link]
Public comment can be reviewed at the following link [External Link].
Alternatives
1. Approve the application with contingencies as presented;
2. Approve the application with modifications to the recommended zoning;
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 4 of 44
3. Deny the application based on findings of non-compliance with the applicable
criteria contained within the staff report; or
4. Open and continue the public hearing, with specific direction to staff or the
applicant to supply additional information or to address specific items.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ............................................................................................................ 2
Unresolved Issues ............................................................................................................. 2
Project Summary ............................................................................................................... 2
Community Development Board (Zoning Commission) Summary .............................. 3
Alternatives ........................................................................................................................ 3
SECTION 1 - MAP SERIES: ...................................................................................................... 5
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION .................................................. 10
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT ............ 12
SECTION 4 – GENERAL NOTICES ........................................................................................ 13
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS............................................... 15
Annexation ....................................................................................................................... 15
Zone Map Amendment ................................................................................................... 15
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS .......................................... 16
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 20
APPENDIX A - NOTICING AND PUBLIC COMMENT ............................................................ 42
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING ............................ 42
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF ...................................... 43
FISCAL EFFECTS .................................................................................................................... 44
ATTACHMENTS ...................................................................................................................... 44
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SECTION 1 - MAP SERIES:
Map 1: Project Vicinity Map
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Map 2: Future Land Use Designation
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Map 3: Current Zoning Map
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Page 8 of 44
Map 4: Applicant Annexation map
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Page 9 of 44
Map 5: Idaho Pole Control Groundwater Area
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 10 of 44
SECTION 2 - RECOMMENDED TERMS OF ANNEXATION
The following terms of annexation are recommended to enable the application to comply
with the City’s Annexation Policy and the requirements of state law for the provision of
services.
Recommended terms of annexation:
1. The documents and exhibits to formally annex the subject property must be
identified as the “L Street Annexation”.
2. An Annexation Map, titled “L Street Annexation Map” with a legal description of
the property and any adjoining un-annexed rights-of-way and/or street access
easements must be submitted by the applicant for use with the Annexation
Agreement. The map must be supplied as a PDF for filing with the Annexation
Agreement at the County Clerk & Recorder, and a digital copy for the City
Engineers Office. This map must be acceptable to the Director of Public Works
and City Engineers Office and must be submitted with the signed Annexation
Agreement.
3. The applicant must execute all contingencies and terms of said Annexation
Agreement with the City of Bozeman within 60 days of the distribution of the
annexation agreement from the City to the applicant or annexation approval shall
be null and void.
4. The landowners and their successors must pay all fire, street, water, and sewer
impact fees at the time of connection; and for future development, as required by
Chapter 2, Bozeman Municipal Code, or as amended at the time of application
for any permit listed therein.
5. City of Bozeman Resolution 5076, Policy 1 - L Street is classified as a Collector in
the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-
way ROW width of 90 feet. The applicant must provide their half along the property
frontage by easement prior to the adoption of Resolution of Annexation. The
easement must be executed using the city's standard language. An easement
exhibit must be included with the easement document.
6. City of Bozeman Resolution 5076, Policy 1 - Story Mill Road is classified as a
Collector in the Bozeman Transportation Master Plan (TMP), which has a
minimum right-of-way ROW width of 90 feet. The applicant must provide their half
along the property frontage by easement prior to the adoption of Resolution of
Annexation. The easement must be executed using the city's standard language.
An easement exhibit must be included with the easement document.
7. If they do not already exist, the applicant must provide and file with the County
Clerk and Recorder's office executed Waivers of Right to Protest Creation of
Special Improvement Districts (SID’s) for the following:
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 11 of 44
a. Street improvements to L Street from North Wallace Avenue to Story Mill
Road including lighting, signalization, paving, curb/gutter, sidewalk, shared
use path and storm drainage.
b. Street improvements to Story Mill Road from L Street to Bridger Drive including
lighting, signalization, paving, curb/gutter, sidewalk, shared use path and
storm drainage.
c. Street improvements to North Wallace Avenue from L Street to East Tamarack
Street including lighting, signalization, paving, curb/gutter, sidewalk, shared
use path and storm drainage.
d. Intersection improvements to East Tamarack Street and North Wallace
Avenue including lighting, signalization/channelization, paving, curb/gutter,
sidewalk, shared use path and storm drainage.
e. Intersection improvements to L Street and the railroad right-of-way including
lighting, signalization/channelization, paving, curb/gutter, sidewalk, shared
use path and storm drainage.
f. The document filed must specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of the improvements on a fair
share, proportionate basis as determined by square footage of property,
taxable valuation of the property, traffic contribution from the development,
or a combination thereof.
g. The applicant may obtain a copy of the template SID waiver from the City
Engineering Department. The document filed must specify that in the event
an SID is not utilized for the completion of these improvements, the applicant
agrees to participate in an alternate financing method for the completion of
said improvements on a fair share, proportionate basis as determined by
square footage of property, taxable valuation of the property, traffic
contribution from the development, or a combination thereof.
8. The Annexation Agreement must include the following notices:
a. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for preparing a storm water master plan in
conjunction with future development. The storm water master plan shall
address maintenance and operations until and unless the City affirmatively
assumes responsibility for maintenance and operations of stormwater
facilities within the area of the annexation.
b. The Annexation Agreement must include notice the City will, upon annexation,
make available to the Property existing City services only to the extent
currently available, or as provided in the Agreement.
c. The Annexation Agreement must include notice that there is no right, either
granted or implied, for Landowner to further develop any of the Property until
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 12 of 44
it is verified by the City that the necessary municipal services are available to
the property.
d. The Annexation Agreement must include notice that, prior to development,
the applicant will be responsible for installing any facilities required to provide
full municipal services to the properties in accordance with the City of
Bozeman's infrastructure master plans and all City policies that may be in
effect at the time of development.
e. The Annexation Agreement must include notice that utility easements may be
required to be provided by the landowner at the time of development to ensure
necessary municipal services are available to the property.
f. The agreement must include notice that charges and assessments may be
required after completion of annexation to ensure necessary municipal
services are available to the property.
g. The Annexation Agreement must include notice that the City will assess
system development and impact fees in accordance with Montana law and
Chapter 2, Article 6, Division 9, Bozeman Municipal Code.
h. All procedural terms necessary to establish the Annexation Agreement in
conformance with state law and municipal practice will be included with the
final Annexation Agreement.
9. The Annexation Agreement must include notice that the applicant must connect
to municipal services and will be responsible for installing any facilities required
to provide full municipal services to the property in accordance with city policy at
the time of connection.
10. The applicant must contact the City’s Engineering Department to obtain an
analysis of cash-in-lieu of water rights for the proposed annexation. The
determined amount must be paid prior to the adoption of Resolution of
Annexation, if applicable.
11. All final easements provided to the City must be stamped and signed by a
professional surveyor prior to final approval of the annexation Resolution.
SECTION 3 - RECOMMENDED CONTINGENCIES OF ZONE MAP
AMENDMENT
Please note that these contingencies are necessary for the City to complete the process
of the proposed amendment. These contingencies only apply if the related annexation
request has previously been approved.
Recommended Contingencies of Approval:
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 13 of 44
1. That all documents and exhibits necessary to establish an initial municipal zoning
designation shall be identified as the “L Street Annexation Zone Map Amendment.”
All required documents must be returned to the City within 60 days of the City
Commission action to annex the property or the preliminary approval shall be null
and void.
2. That the Ordinance for the Zone Map Amendment shall not be finalized until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation agreement is not approved, the Zone Map
Amendment application shall be null and void.
3. That the applicant must submit a Zone Amendment map, titled “L Street Annexation
Zone Map Amendment”. The map must be supplied as a PDF. This map must be
acceptable to the City Engineer’s Office and must be submitted within 60 days of the
action to approve the zone map amendment. Said map shall contain a metes and
bounds legal description of the perimeter of the subject property including adjacent
rights-of-way or street easements, and total acreage of the property to be rezoned,
unless the property to be rezoned can be entirely described by reference to existing
platted properties or certificates of survey.
4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides an editable mete and bounds legal description prepared by a licensed
Montana surveyor.
SECTION 4 – GENERAL NOTICES
1. The Parks, Recreation, and Active Trails plan identifies a potential PRAT trail
connecting to the existing dog park to the north, traversing through portions of Parcel
I and V and generally located along the East Gallatin River corridor. Subsequent
development on Parcels I and V should anticipate incorporating the proposed PRAT
trail in development review plans.
2. A notice attached to the annexation agreement as Exhibit “C” is required to convey
to the current and future property owners of the controls related to the Idaho Pole
Superfund Site including:
a. Recorded Documents
i. Frequently Asked Questions:
https://www.bozeman.net/Home/ShowDocument?id=10586 [External Link]
ii. Amendment to Restated and Amended Declarations of Institutional Controls
on Real Property (Document No. 2591055).
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 14 of 44
https://www.bozeman.net/Home/ShowDocument?id=10592 [External Link]
iii. Final Designation and Decision of Groundwater Control (Final Order No.
41H-114172)
https://www.bozeman.net/Home/ShowDocument?id=10594 [External Link]
a) The applicant must conform to all rules and regulations established within the
superfund site. The applicant is responsible for all permitting applicable to the
superfund site.
b) During the future development process, the developer needs to coordinate with
Environmental Protection Agency (EPA) and Montana Department of
Environmental Quality (MDEQ) to ensure compliance with the Superfund remedy
including the Institutional Controls (ICs) outlined above, and if needed, the
developer will need to submit a soil management plan to EPA and MDEQ for
approval. The developer will also need approval from other state and federal
agencies, as needed, depending on the nature and location of development.
Additionally, the Unilateral Administrative Order (UAO) requires Idaho Pole Co. to
provide a copy of this UAO to all prospective owners or successors before a
controlling interest in assets, property rights, or stock is transferred to the
prospective owner or successor. If a developer wants to change a component of
the remedy, such as digging up and removing waste, EPA and MDEQ would need
to be involved and a remedy change considered, and signed, possibly including
public input.
c) Any future development (construction, utilities, etc.) requires written approval
from EPA and MDEQ outlining conditions of approval including a soil
management plan. The applicant must provide written approval from the EPA and
MDEQ outlining conditions of approval with the future development application.
d) A Controlled Groundwater Area (CGA) was issued by the Montana Division of
Natural Resources in 2001 that restricts groundwater use for any purpose, except
as provided in the remedial action plan or as otherwise authorized by EPA and
MDEQ. Recorded land use restrictions include the following covenants,
conditions and restrictions (among others) that run with the land: No excavation
to saturated soil or groundwater within the CGA without a soil management plan
approved by EPA and MDEQ.
e) With the future development application, the applicant must provide elevations
and locations of saturated soil and groundwater and report all excavations that
will impact these areas.
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 15 of 44
f) Any future development on the subject property will be evaluated by the City to
ensure that proposed development and land uses in the application are
consistent with permissible uses for this brownfield land under the EPA
document to protect health, welfare, and safety. The EPA imposed Institutional
Controls on Real Property, Document No. 2554371, or amended. Prior to
approval of any development application to the City of Bozeman, revisions to the
Restated and Amended Declaration of Institutional Controls on Real Property,
Document No. 2554371, or amended, may be required. Without supplying it,
revising the institutional controls as allowed by the EPA prior to submitting
application for development the applicant risks severe delays in review of their
project or possible denial.
g) Any subdivision of the properties will require additional notices to be placed on
the face of the plat placing owners [on notice] of the controlled groundwater
institutional controls.
SECTION 5 - RECOMMENDATION AND FUTURE ACTIONS
Annexation
Having considered the criteria established for an annexation, the Development Review
Committee (DRC) did not find any deficiencies that prohibit annexation at this time that
could not be addressed through future development review processes and adopted City
Codes.
The City Commission will hold a public meeting on the annexation on December 16,
2025. The meeting will begin at 6 p.m.
Zone Map Amendment
Having considered the criteria established for a zone map amendment, the Staff found
the requested zoning meets standards for approval as submitted. The Zone Map
Amendment (ZMA) is in conjunction with an annexation request. Staff’s
recommendation and staff responses are predicated on approval of the annexation,
application 25360.
The Development Review Committee (DRC) considered the amendment. The DRC did
not identify any infrastructure or regulatory constraints that would impede the approval
of the application that cannot be addressed with adopted standards and requirements
for future development and recommended Terms of Annexation.
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The Community Development Board acting in their capacity as the Zoning Commission
will hold a public hearing on this zone map amendment on December 1, 2025, and will
forward a recommendation to the City Commission on the zone map amendment. The
meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave,
Bozeman, Montana.
The City Commission will hold a public meeting on the zone map amendment on
December 16, 2025. The meeting will begin at 6 p.m. in the Commission Room at City
Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will conduct a public
hearing on the proposed Zone Map Amendment application.
SECTION 6 - ANNEXATION STAFF ANALYSIS AND FINDINGS
In considering applications for approval of the requested annexation, the advisory
boards and City Commission shall consider the following:
Commission Resolution No. 2025-07 Policies [External Link]
Policy 1: Annexations must include dedication of all rights of way for collector and
arterial streets, public water, sanitary sewer, or storm or sewer mains. When
required, rights of way for anchor routes as recognized in the City’s adopted parks
and trails plans, must be provided when such anchor routes are not located within
the right of way for arterial or collector streets.
Criterion met. L Street and Story Mill Road are designated Collector streets according to
the Bozeman Transportation Master Plan. Terms of annexation ensure required right-of-
way are incorporated in the annexation agreement for both L Street and Story Mill Road.
Further, required road easements are shown on the annexation and zoning maps.
No Anchor Routes are identified on the subject property. The Parks, Recreation, and
Active Trails plan identifies a potential PRAT trail connecting to the existing dog park to
the north, traversing through portions of Parcel I and V and generally located along the
East Gallatin River corridor. Subsequent development on Parcels I and V should
anticipate incorporating the proposed PRAT trail in development review plans.
Policy 2: Annexations may be required to include dedication of rights of way for
adjacent or internal local streets to complete street connectivity and provide
required legal and physical access.
Criterion met. Access is provided by L Street and Story Mill Road; both are largely
dedicated public streets that connect to Bridger Drive to the north and L Streets turns
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into Wallace Avenue to the south through COS 2865 and Northern Pacific Addition to
Bozeman.
Additional wight of way are included in the terms of annexation to meet minimum
requirements for Collector Streets pursuant to the Bozeman Transportation Master
Plan. Internal street dedication is not required with annexation. Internal streets
circulation will be addressed with subsequent development applications.
Policy 3: Annexations must include written waivers of a property owner’s right to
protest the creation of special improvement districts necessary to provide essential
services. The waivers must run with the land, be binding on the owner and owner’s
successors in interest and be recorded concurrently with the annexation agreement.
Criterion met. Waivers of the right to protest creation or improvement districts are
accounted for in the terms of annexation. These include street and intersection
improvements identified by the Engineering Department. See term of Annexation 5.
Policy 4: The petition for annexation must be in conformance with the current
Bozeman land use plan (growth policy). If a land use plan (growth policy)
amendment is necessary for anticipated land uses, the land use plan amendment
process must be completed prior to any action for approval of a petition for
annexation.
Criterion Met. The property is designated “Urban Neighborhood” on the future land use
map. No growth policy amendment is required. The application includes a request for
initial zoning of R-3. See the zone map amendment section of this report for analysis of
the zone map amendment criteria.
Policy 5: The City prefers petitions for annexation of land larger than five acres.
However, the City will consider annexation of smaller areas of land when one or
more of the following are present: topographic limitations; the land is served by one
or more City utilities; septic system failure; extension and integration of
transportation infrastructure; enhancement of the existing traffic circulation
system or to provide for transportation systems that do not currently exist;
annexation will make the City boundaries more regular; annexation will better
incorporate unannexed property for the provision of City fire, police, and emergency
services; or when annexation provides improved access to and maintenance of
public facilities.
Criterion met. The three lots involved consist of 17.92 acres.
Policy 6: The City will review infrastructure and emergency services available to an
area proposed for annexation for the health, safety and welfare of the public and
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conformance with the City’s adopted plans. If the City determines adequate
services cannot be provided to ensure public health, safety and welfare, the City
may deny the petition for annexation. Alternatively, the City may require all property
owners within the land to be annexed provide a written plan for accommodation of
services at the expense of the property owner(s). The land to be annexed may only
be provided sanitary sewer service via the applicable drainage basin defined in the
City Wastewater Collection Facilities Plan.
Criterion Met. City infrastructure and emergency services are available to the subject
property. The subject properties are within the planned service area for the Bozeman
Wastewater Collection System Facility Plan, December 2024 Update [External Link] and
the Water Facilities Plan, December 2024 Update [External Link] includes the geographic
area of the subject properties to be annexed.
The property is entirely with in the Upper Rouse sewer collection zone and the Northeast
water pressure zone.
There are no water delivery or wastewater collection adjacent to the properties. Any
future development will be required to connect to the City systems. The property is
located adjacent to existing urban development that is currently served by Bozeman Fire.
Per Term of Annexation 8 a-h and 9, the Annexation Agreement required to finalize the
requested annexation will require the applicant to design extensions of services to meet
the City’s adopted infrastructure standards. These include provisions for minimum
water pressure and volumes, adequate sewer flows by volume, gravity flow of sewers,
and other standards necessary to protect public health and safety and ensure functional
utilities.
Policy 7: The City may require annexation of any contiguous property for which City
services are requested or for which City services are currently being provided. In
addition, any person, firm, or corporation receiving water or sewer service outside of
the City limits is required as a condition of initiating or continuing such service, to
record a consent to annexation of the property serviced by the City.
The property is not currently provided City services. No emergency connection is
requested. City services will be required to be provided concurrently with future
development. Terms of Annexation 7 - 9 address connection to services.
Policy 8: The City Manager may enter into an agreement with a property owner for an
emergency connection to the City’s sanitary sewer or water system. In doing so, the
property owner must submit a petition for annexation and file a notice of consent to
annex with the Gallatin County Clerk and Recorder’s Office prior to connection to
City utilities. The City will prepare the notice of consent to annex. The agreement for
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connection to City sewer or water must require the property owner to complete
annexation or consent to disconnection of the services. Connection for purposes of
obtaining City sewer services in an emergency requires, when feasible as
determined by the City, the connection to City water services.
Emergency connection is not being requested or required.
Policy 9: The use of Part 46 annexations is preferred.
This annexation is being processed under Part 46 provisions.
Policy 10: Where a road improvement district has been created, annexation does
not repeal the creation of the district. The City will not assume operations of a road
improvement district until the entirety of the district has been annexed. Any funds
held in trust for the district will be used to benefit the district after transfer to the
City. Inclusion within a district does not absolve a landowner of the obligation to
participate in general City programs that address the same subject.
No road improvement district is associated with this application.
Policy 11: The City requires connection to and use of City utilities and services upon
development of annexed properties. The City may establish a fixed time frame for
connection to municipal services. Upon development, unless otherwise approved
by the City, septic systems must be properly abandoned and the development must
be connected to the City sanitary sewer system. Upon development, unless
otherwise approved by the City, water wells on the subject property may be used for
irrigation but must be disconnected from any structure. Potable water must be
supplied from the City water distribution system. The property owner must contact
the City Water and Sewer Division to verify disconnection of wells and septic
systems.
An existing ag structure with no wastewater treatment systems or potable water systems
facilities are on the subject property.
Three groundwater monitoring MBMG GWIC Wells are on the subject property. A MBMG
GWIC Well is a well registered in Montana's Ground Water Information Center, managed
by the Montana Bureau of Mines and Geology (MBMG). This database contains records,
including water well logs, water quality data, and water level records, for wells across
the state of Montana. The GWIC database is accessible online [External Link] and
includes a mapping tool for locating wells.
A term of annexation requires connection to municipal water and sewer implements this
policy. Terms of Annexation 7 – 9 address these issues.
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Policy 12: All annexations must be contiguous with or wholly surrounded by the
existing City boundary. The City Commission may agree to annex property that is not
contiguous or wholly surrounded. If the land to be annexed is not contiguous to or
wholly surrounded by the City, the reasoning and justification for annexation must
be explicitly addressed within the petition and approved by the Commission prior to
adoption of a Resolution of Annexation.
This criterion is met. The property in question is contiguous to the City limits. The
property is bounded on the north, east, and south by City limits. Further, the property is
wholly surrounded by city limits.
SECTION 7 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and
City Commission must consider the following criteria (letters A-K). As an amendment is
a legislative action, the Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant.
A zone map amendment must be in accordance with the growth policy (criteria A) and be
designed to secure safety from fire and other dangers (criteria B), promote public health,
public safety, and general welfare (criteria C), and facilitate the provision of
transportation, water, sewerage, schools, parks and other public requirements (criteria
D). Therefore, to approve a zone map amendment the Commission must find Criteria A-
D are met.
In addition, the Commission must also consider criteria E-K, and may find the zone map
amendment to be positive, neutral, or negative with regards to these criteria. To approve
the zone map amendment, the Commission must find the positive outcomes of the
amendment outweigh negative outcomes for criteria E-K.
In determining whether the criteria are met, Staff considers the entire body of plans and
regulations for land development. Standards which prevent or mitigated negative
impacts are incorporated throughout the entire municipal code but are principally in
Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Criterion met. The Bozeman Community Plan (BCP) 2020, Chapter 5, p. 73, in the section
titled Review Criteria for Zoning Amendments and Their Application, discusses how the
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various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies
depending on whether an amendment is for the zoning map or for the text of Chapter 38,
BMC. The first criterion for a zoning amendment is accordance with a growth policy.
Future Land Use Map
The proposed amendment is a change to the zoning map. Therefore, it is necessary to
analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses
the future land use map. The introduction to that chapter discusses the importance of
the chapter. Following are some excerpts.
“Future land use is the community’s fundamental building block. It is an
illustration of the City’s desired outcome to accommodate the complex and
diverse needs of its residents.”
“The land use map sets generalized expectations for what goes where in the
community. Each category has its own descriptions. Understanding the future
land use map is not possible without understanding the category descriptions.”
The area of this application is within the anticipated growth area of the City. As shown on
the maps in Section 1, on the excerpt of the current future land use map, the property is
designated as Urban Neighborhood. The Urban Neighborhood designation description
reads:
“This category primarily includes urban density homes in a variety of types,
shapes, sizes, and intensities. Large areas of any single type of housing are
discouraged. In limited instances, an area may develop at a lower gross density
due to site constraints and/or natural features such as floodplains or steep
slopes. Complementary uses such as parks, home-based occupations, fire
stations, churches, schools, and some neighborhood-serving commerce provide
activity centers for community gathering and services. The Urban Neighborhood
designation indicates that development is expected to occur within municipal
boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed
density. Higher density residential areas are encouraged to be, but are not
required or restricted to, proximity to commercial mixed-use areas to facilitate the
provision of services and employment opportunities without requiring the use of
a car.”
The correlation between the future land use map of the growth policy and the zoning
districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the
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following Correlation with Zoning Table excerpt, the R-3 and R-5 districts are
implementing district of the Urban Neighborhood designation.
Except from BCP2020 Future Land Use Map:
In finding that this application meets criterion A, the analysis is cognizant that in many
planning efforts and discussions over the decades, the Planning Board and City
Commission have considered the various elements of the question of to grow or not grow
and the consequences of either approach. After considering this question, they have
concluded that having growth within the physical boundaries of Bozeman results in
better outcomes than not. Therefore, the BCP 2020 approaches growth as something
that overall is positive but recognizes that it does not come without consequences and
that the community will change over time.
The location of this property is unique due its proximity to the northeast neighborhood
area and access to this area’s arts, culture, restaurants, housing, and other activities,
the Bridger View Redevelopment site, Story Mill Park, employment, and recent city
investment in road infrastructure, namely to Story Mill Road and Wallace Avenue.
The R-3 zoning district correlates with the principles applied in the Bozeman Community
Plan 2020. A few of the ten principles listed under Basic Planning Precepts of the Plan
are supported by these districts. For example, “land use designations must respond to
a broad range of factors, including infrastructure, natural, and economic constraints,
other community priorities, and expectations of all affected parties concerning private
development.” And “gathering places and open spaces, including parks and trails,
should be in convenient locations to those they serve. Quality and function is superior to
quantity alone.” The latter is achieved by the City’s adopted development code.
The subject property is designated as an “Annexation Holding Area” according to the
Gallatin County Growth Policy 2024 Future Land Use Map [External Link], pages 8-11.
The property is currently zoned A-S in the Gallatin County Bozeman Area Zoning District.
The County A-S district is a largely a holding designation near city limits and designed to
convert to urban development.
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Goals and Policies
A zoning amendment is also evaluated against the goals and policies of the BCP 2020.
Most of the goals and policies are not applicable to this application. Relevant goals and
objectives have been identified by staff. Conflict with the text of the growth policy hasn’t
been identified.
The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement
the growth policy. The first two relate to direct changes to the zoning map in support of
listed goals and objectives. These include increasing the intensity of zoning districts in
already developed areas. Beginning on page 71 of the BCP 2020 in the section titled
Zoning Amendment Review, the document discusses how the city implements zoning for
new areas, amendments to areas, and revisions to existing text. This section includes a
discussion of when the City may initiate a zoning change to a more intensive district to
increase development opportunities. This section demonstrates that the City, as a
matter of policy, is supportive of more intensive zoning districts and development. It is
inconsistent with this approach to zone at annexation for lower intensities than what
infrastructure and planning documents will support. This policy approach does not
specify any individual district but does lean towards the more intensive portion of the
zoning district spectrum.
The applicant identified several goals and policies from the Bozeman Community Plan
2020 (BCP2020) in support of the R-3 zoning request found in File 007 ZMA Narrative
[External Link]. Staff generally concurs with the identified goals. It should be noted that
the analysis is against the BCP 2020 and associated implementing zoning districts of R-
1 through R-5 and not the existing zoning administered by the County. Goals and policies
identified by the applicant include the following:
▪ Goal N-1: Support well-planned, walkable neighborhoods.
▪ N-1.1: Promote housing diversity, including missing middle housing
▪ N-1.2: Increase required minimum densities in residential districts.
▪ N-1.3: Revise the zoning map to lessen areas exclusively zoned for single type
housing.
▪ N-1.11: Enable a gradual and predictable increase in density in developed areas
over time.
▪ Goal DCD-1: Support Urban Development within the City.
▪ DCD-1.11: Pursue annexations consistent with the future land use map and
adopted facility plans for development at urban intensity.
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Staff augments the record with the following analysis.
Goal N-3: Promote a diverse supply of quality housing units.
Comment: As noted above the area is designated as Urban Neighborhood according to
the FLUM. This category primarily includes urban density homes in a variety of types,
shapes, sizes, and intensities. Large areas of any single type of housing are discouraged.
Although, in limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features, we generally assume the most density permitted by
a given zoning district. As noted on the annexation and zoning maps, there are natural
features that will limit impervious surfaces and placement of buildings.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or restricted
to, proximity to commercial mixed-use areas to facilitate the provision of services and
employment opportunities without requiring the use of a car. Limited commercial
activities are available today. The city must balance encouraging housing development
with development constraints and proximity to employment, entertainment, education,
and supporting its climate action initiatives. The applicant has requested a mid-range
density zoning designation.
Detailed analysis of site conditions is a requirement of both subdivision and zoning
review and will identify areas to be protected. For example, the watercourse setback
along the East Gallatin River will apply regardless of what municipal zoning district is
placed on the property. Therefore, the proposed combination of R-3 is appropriate for
this property.
RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear edge to
urban development that evolves as the city expands outwards.
Comment: Gallatin County adopted the Gallatin County/Bozeman Area Plan (GCBA
Plan), a neighborhood plan under their growth policy, to identify County priorities for this
area of the county. Implementing zoning was updated for the new neighborhood plan
and is now in place.
“The purposes of the [County] Growth Policy and the 2005 Bozeman Area Plan are
to provide comprehensive, long-range guidance relative to the growth and
development…”
The GCBA Plan recognizes the area is in transition. On page 1 of the GCBA Plan it says,
“It is not the intent of this Plan to prematurely discourage existing agricultural
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operations; rather it is the intent to accommodate the needs of present agriculture while
recognizing an inevitable transition to a more urban landscape.”
Gallatin County recently completed adoption of a future land use map for their growth
policy. The County’s FLUM shows this property as part of the “annexation holding area”
and “Public Lands, Protected, and Constrained Areas” adjacent to Bozeman.
Goal RC-3: Collaborate with Gallatin County regarding annexation and development
patterns adjacent to the City to provide certainty for landowners and taxpayers.
Comment: Gallatin County has been notified of the proposed annexation. The site is
within the Annexation Holding Area on the County’s future land use map supporting
their growth policy.
RC-3.3 Prioritize annexations that enable the incremental expansion of the City and its
utilities.
Comment: The property in question is contiguous to the City limits on the east and south.
It adds approximately 160 acres to the City limits that is available for urban development
while maintaining a consistent city border.
RC-3.4 Encourage annexation of land adjacent to the City prior to development and
encourage annexation of wholly surrounded areas.
Comment: The property is adjacent to and surrounded by the City and does not create
any new unannexed areas surrounded by City limits. The property is seeking annexation
and municipal zoning for the purpose of residential development. Annexation is
happening before development.
In addition to goals and objectives, the BCP 2020 includes descriptive statements
regarding what the goals and objectives seek to support and create.
There is recognition of the role that a sense of place serves in Goal N-4. Neighborhoods
do have physical attributes that help them be distinctive. In this case the presence of
watercourse and sensitive lands supports an opportunity to create unique areas through
a well-planned subdivision or site plan.
See also RC – 3.3 response.
The proposed amendment does not alter the zoning on any adjacent property and
correspondingly the character of that adjacent property. As noted in other criteria in this
report, the proposed amendment is consistent with the planned development of the area
as homes with an urban intensity. While no application furthers every goal of the BCP
2020, taken as a whole, the application is supportive of and in accordance with, the BCP
2020.
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DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible
development or redevelopment, including evaluating possible development incentives.
Comment: The site is undeveloped and within the municipal service area. The future land
use designates the area for residential use and is near multiple recreation and park areas
and is relatively close to other essential services promoting neighborhoods.
B. Secure safety from fire and other dangers.
Criterion Met. The property can be served by the Bozeman Fire Department. Fire
protection water supply will be provided by the City of Bozeman water system. There are
no habitable existing structures without services on the property. Upon annexation the
subject property will be provided with City emergency services including police, fire and
ambulance.
The property is bisected by the East Gallatin River as noted on the annexation and zoning
maps. Full analysis of the water course, associated wetlands, and flood prone areas are
analyzed with subsequent development for either site plan or subdivision. Development
must mitigate impacts and ensure safety by meeting all applicable adopted standards
such as setbacks for wetlands, water course, and flood zones.
Future development of the property will be required to conform to all City of Bozeman
public safety, building and land use requirements. The City provides emergency services
to adjacent properties and no obstacles have been identified in extending service to this
parcel.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.400.010 Streets,
general
Access for
emergency services
Transportation
Master Plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
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C. Promote public health, public safety, and general welfare.
Criterion Met. See comments in Section 6, Criteria A, B and D. City development
standards included in Chapter 38, Unified Development Code, building codes, and
engineering standards all ensure that this criterion is met. Adequate water and sewer
supply and conveyance provide for public health through clean water. Rapid and
effective emergency response provides for public safety. The City’s standards ensure
that adequate services are provided prior to construction of homes which advances this
criterion. General welfare has been evaluated during the adoption of Chapter 38 and
found to be advanced. Provision of parks, control of storm water, and other features of
the City’s development standards advance the general welfare. Compliance with the
BCP 2020 advances the well-being of the community as a whole.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan, Water
facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, Site plan,
and building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
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D. Facilitate the provision of transportation, water, sewerage, schools, parks and
other public requirements.
Criterion Met. This property is included in future planning areas. The City conducts
extensive planning for municipal transportation, water, sewer, parks, and other facilities
and services provided by the City. The adopted plans allow the City to consider existing
conditions and identify enhancements needed to provide additional service needed by
new development. The City implements these plans through its capital improvements
program that identifies individual projects, project construction scheduling, and
financing of construction.
As stated in 38.300.020.C, the designation of a zoning district does not guarantee
approval of new development until the City verifies the availability of needed
infrastructure. All zoning districts in Bozeman enable a wide range of uses and
intensities. At time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved
without demonstration of adequate capacity.
38.300.020.C, “Placement of any given zoning district on an area depicted on the
zoning map indicates a judgment on the part of the city that the range of uses
allowed within that district are generally acceptable in that location. It is not a
guarantee of approval for any given use prior to the completion of the appropriate
review procedure and compliance with all of the applicable requirements and
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.”
The application site is located well within the City’s land use, transportation, parks, and
utility planning areas although with no current capacity constructed. The Applicant
acknowledges service limitation and states all future development must meet adopted
City codes for water, sewer, transportation, parks, and all other required components.
Further, staff has included notices to the extend and nature of the institutional controls
imposed by the EPA and DEQ for the groundwater control area associated with the Idaho
Pole Superfund site. These notices are included as an attachment to the annexation
agreement as Exhibit “C”.
Adequacy of all these public requirements is evaluated during the subdivision and site
development process. All zoning districts in Bozeman enable a range of uses and
intensities. At the time of future subdivision or site plan review the need for individual
services can be more precisely determined. No subdivision or site plan is approved
without demonstration of adequate capacity.
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The future development of the area may require dedication and construction of
additional streets, provision of parks, if required, extension of water and sewer services,
and placement of easements for telecommunication, electric service, and similar dry
utilities. As noted in Section 6, Criterion A, major transportation corridors are nearby and
can serve the site. Paved streets serve the site.
Redevelopment and further development are evaluated to ensure all minimum
standards for the provision of transportation, water, sewerage, schools, parks and other
public requirements are met. Any identified deficiencies must be corrected.
Additional right-of-way for major streets is required. With future development proposals,
the applicant must demonstrate not just possible but actual street networks and utility
connections existing or to be constructed to support the intensity of development
proposed. See also Section 6, Criterion F regarding transportation and Section 5,
annexation Policies 8, 9, and 12. The criterion is met.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
18.02 International
Fire code
Adopt standards for
fire prevention and
control
Fire/EMS master
plan, International
Fire Code
Site plan and building
permit
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form of
easements for
utilities
Transportation
Master Plan, Sewer
collection facilities
plan, Water facilities
plan
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.410.070
Municipal water,
sewer systems
Location and
requirement to
install.
Sewer collection
facilities plan, Water
facilities plan
Subdivision or site plan.
38.410.090 Fire
protection
requirements
Development design
Fire/EMS master
plan, International
Fire Code
Subdivision, site plan,
and building permit
38.420 Parks Standards for
location, type, and
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
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development of
parks and trails
E. Reasonable provision of adequate light and air.
Criterion Met. The R-3 zoning designation has requirements for setbacks, height, and lot
coverage which provide for the reasonable provision of adequate light and air. Any future
development of the property will be required to conform to City standards for setbacks,
height, lot coverage, and buffering.
In addition to the zoning standards, adopted building codes contain more detailed
requirements for air circulation, window placement, and building separation that further
ensure the intent of this criterion is satisfied.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.420 Parks Standards for
location, type, and
development of
parks and trails
Park, Recreation,
and Active
Transportation Plan
Subdivision or site plan
review
38.520.060 On-site
residential and
commercial open
space
Private land open
area requirements
Site plan
F. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed zoning allows considerably more residential development than
would otherwise be allowed in the County with the associated Department of
Environmental Quality limitations. Both the Gallatin County and Bozeman Growth
Policies acknowledge this intentional difference and harmonize the desired future for
this and other similar areas adjacent to the city.
The City conducts routine transportation monitoring, modeling, and planning to
understand existing conditions and future needs of the transportation system. The 2017
Transportation Master Plan is the most recent transportation plan. Figure 2.5, Existing
Major Street Network, shows L Street and Story Mill Road as a Collector Street.
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Capacity expansion to the transportation network is a responsibility of the developer.
With development both L Steet and Story Mill roads must be improved a city standard
that includes accommodation of pedestrian and multi-model modes of transportation.
These expected actions to implement the Transportation Master Plan will mitigate
impact on the larger transportation network as the overall area develops.
City plans acknowledge the tension created with development. Not all goals and policies
are furthered immediately with a particular application. The need for housing, the logical
extension of city limits, and planned future commercial and other supporting uses near
the subject property outweigh negatives associated with this development. Future
development of this property provides opportunity to expand the pedestrian network
through installation of sidewalks. Bike and pedestrian travel are much more sensitive to
distance than motor vehicle travel. Sidewalk installation is a minimum development
standard under Chapter 38. This expands and improves the non-motorized
transportation system. These links will be required with any future development under
any municipal zoning district.
The City has set minimum standards applicable to development to limit block length,
ensure trail and sidewalk connections, and provide streets adequate to carry traffic
projected from development. These standards are not applied at the time of the ZMA but
are implemented during the subdivision and site plan processes required before any
construction may begin. See also Section 6, Criterion D.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.400
Transportation
Facilities and
Access
Streets standards for
size and
construction
Transportation
Master Plan
Subdivision or site plan
review
38.410.060
Easements
Location and form of
easements for
utilities
Transportation
Master Plan,
Annexation for collector
and arterial streets.
Subdivision or site plan
for all others.
38.420.110
Recreation
Pathways
Location and
requirement to
install.
Park, Recreation,
and Active
Transportation Plan
Annexation for Class 1
Trails easement.
Subdivision or site plan
for all else.
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The property has a Walk Score of 20, no transit score, and a bike score of 54. These
values are provided by Walk Score, a private organization which presents information on
real estate and transportation through walkscore.com. The algorithm which produces
these numbers is proprietary. A score is not an indication of safety or continuity of
services or routes. Scores are influenced by proximity of housing, transit, and services
and expected ability, as determined by the algorithm, to meet basic needs without using
a car. Sites located on the edge of the community have lower scores than those in the
center of the community as the area is still under development and therefore diversity of
uses is less than in fully established areas. There are no adopted development standards
relating to the walk score.
According to Walk Score® the walks score measures the walkability of any address
based on the distance to nearby places and pedestrian friendliness.
90 – 100 Walker’s Paradise. Daily errands do not require a car.
70 – 89 Very Walkable. Most errands can be accomplished on foot.
50 – 69 Somewhat walkable. Some errands can be accomplished on foot.
25 – 49 Car-Dependent. Most errands require a car.
0 – 24 Car-Dependent. Almost all errands require a car.
Prior to occupancy or other appropriate trigger, the applicant must show all applicable
transportation systems are adequate to serve the proposed development and must
meet minimum City standards. The Applicant has been advised of specific code
provisions that will apply with future development proposals.
Future development of L Street and Story Mill Road to city standard will include
pedestrian and bicycle facilities. The site is adjacent to trail links in Story Mill Park to the
north.
G. Promotion of compatible urban growth.
Criterion Met. The Bozeman Community Plan establishes a preferred and compatible
development pattern. “The land use map sets generalized expectations for what goes
where in the community… The land use categories and descriptions provide a guide for
appropriate development and redevelopment locations for civic, residential,
commercial, industrial, and other uses. The future land use designations are important
because they aim to further the vision and goals of the City through promoting
sustainability, citizen and visitor safety, and a high quality of life that will shape
Bozeman’s future.” (Community Plan P. 51)
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Individuals may have widely varying opinions about what constitutes compatibility. To
address this wide variation of viewpoint, Compatible development and Compatible land
use are defined in Article 38.7 BMC to establish a common reference for consideration
of this criterion and application of development standards. They are defined as:
“Compatible development. The use of land and the construction and use of
structures which is in harmony with adjoining development, existing
neighborhoods, and the goals and objectives of the city's adopted growth policy.
Elements of compatible development include, but are not limited to, variety of
architectural design; rhythm of architectural elements; scale; intensity;
materials; building siting; lot and building size; hours of operation; and integration
with existing community systems including water and sewer services, natural
elements in the area, motorized and non-motorized transportation, and open
spaces and parks. Compatible development does not require uniformity or
monotony of architectural or site design, density or use.
Compatible land use. A land use which may by virtue of the characteristics of its
discernible outward effects exist in harmony with an adjoining land use of
differing character. Effects often measured to determine compatibility include,
but are not limited to, noise, odor, light and the presence of physical hazards such
as combustible or explosive materials.”
As noted in the definition of Compatible development, there are many elements that
contributed to compatibility. The final sentence of the definition deserves emphasis
“Compatible development does not require uniformity or monotony of architectural or
site design, density or use.” Compatible development can be different than what is
already in place. The City has adopted a variety of standards to implement compatibility.
The proposed R-3 is a residential zone. As shown in the Section 1: Map Series, the
property is central to a larger area of anticipated residential development. As noted
earlier in this report, expected densities are different between the county and the city
and that may cause a perception of incompatibility, however, the use is the same,
residential.
The allowed uses for residential districts are set in Table 38.310.030 [External Link].
Other unannexed properties are nearby comprised of a menagerie of suburban and
ranchette sized properties. The form and intensity standards for residential districts are
in Table 38.320.030 [External Link].
Pursuant to section 38.310.010.D, BMC, the intent of the R-3 residential medium density
district is to provide for the development of one- to five-household residential structures
near service facilities within the city. This purpose is accomplished by:
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 34 of 44
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two
to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect
of non-residential uses.
Use of this zone is appropriate for areas with good access to parks, community
services and/or transit.
The proposed amendment is associated with an annexation creating an incremental
increase in the size of the City. As discussed in Section 6, Criterion A above, both the
City’s and County’s growth policies expect this area to continue developing as an
industrial area
The City Commission has adopted standards to control development impacts and
support compatibility. The following excerpt from the BCP 2020, page 75 describes the
City’s approach.
“What combination of uses under what conditions can work well together? There
is a wide range of possible answers for each community to consider. Some
communities take a highly prescriptive worst-case view and try to restrain all
possible points of perceived conflict. This tends to create a very homogenous
community with little interest or scope for creativity. Bozeman takes a different
approach. The worst case scenario is recognized as unlikely, but possible.
Development standards deal with the majority of cases, while restraining
extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent
to another and is consistent with the growth policy, any physical conflicts will be
minimal, if present at all. The City’s zoning policy encourages continued
development of mixed uses. … The City uses the broad scope of its development
standards to enable differing uses to be successful near each other. This shows
on the zoning map where districts providing a wide diversity of uses are
intermixed.”
This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts
as created by those standards remains intact.
As noted above, the City Commission has latitude in considering the geographical
extents of a zoning district. Zoning doesn’t freeze the character of an area in perpetuity.
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Rather, it provides a structured method to consider changes to the character. The BCP
2020 notes,
“…when considering an amendment to the zoning map both the actual and
possible built environment are evaluated. If the amendment is accompanying an
annexation request there is often a substantial change in use that will occur. In
this case, the Commission must look at what the growth policy recommends for
the area, as there is less built context to provide guidance.”
Staff concludes the proposed R-3 zoning is compatible with future land use map
designation, the existing character of the area, and compatible with the broader area
near the subject property. See also discussion for Section 6, Criteria A & H.
Municipal Code
Section and Title
Subject Related Documents When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic preservation SOI Standards for
Historic Preservation,
Design Guidelines for
Historic Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
H. Character of the district.
Criterion Met. Section 76-2-302, MCA says “…legislative body may divide the
municipality into districts of the number, shape, and area as are considered best suited
to carry out the purposes [promoting health, safety, morals, or the general welfare of the
community] of this part.” Emphasis added.
1110
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This proposal amends the zoning map and not the text. Therefore, no element of this
amendment modifies the standards of any zoning district. The character of the districts
as created by those standards remains unaltered. Even though the criterion is most
applicable to text amendments it still must be applied to consideration of zoning map
amendments. The requested zoning meets the requirements of this criterion because it
is the same as adjacent properties and is substantially similar to the existing County
zoning designation of r-3 and promotes urban growth as called for in the BCP 2020. The
proposed amendment only applies to the Applicant’s property and does not change
what is or is not allowed on adjacent property.
As noted above, the City Commission has discretion within the limits of the State
established criteria in considering the location and geographical extents of a zoning
district. Implementation of zoning must also be in accordance with the adopted growth
policy. As noted in Section 6, Criterion A, the City policy calls for a diverse and densifying
land use pattern. See discussion in Section 6, Criterion A.
The BCP 2020 includes several objectives applicable to these criteria. Namely:
N-1.11 Enable a gradual and predictable increase in density in developed areas over
time.
N-1.2 Increase required minimum densities in residential districts.
N-3.5 Strongly discourage private covenants that restrict housing diversity or are
contrary to City land development policies or climate action plan goals.
Application of any municipal zoning district to the subject property and subsequent
development will alter the existing character of the subject property, which is semi-rural.
Likewise, development under any municipal zoning district will be visually different from
adjacent unannexed property. This is true even if both are used for similar types of
housing due to the differences between municipal and county zoning. Similarly,
development will likely be different from other annexed properties.
Zoning doesn’t freeze the character of an area in perpetuity. Rather, it provides a
structured method to consider changes to the character. The BCP 2020 notes,
“…when considering an amendment to the zoning map both the actual and
possible built environment are evaluated. If the amendment is accompanying an
annexation request, there is often a substantial change in use that will occur. In
this case, the Commission must look at what the growth policy recommends for
the area, as there is less built context to provide guidance.”
See Section 6, Criterion A above for discussion about the application and growth policy
and anticipated change to the character of the area.
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 37 of 44
The City has defined compatible development as:
“The use of land and the construction and use of structures which is in harmony
with adjoining development, existing neighborhoods, and the goals and objectives
of the city's adopted growth policy. Elements of compatible development include,
but are not limited to, variety of architectural design; rhythm of architectural
elements; scale; intensity; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and
sewer services, natural elements in the area, motorized and non-motorized
transportation, and open spaces and parks. Compatible development does not
require uniformity or monotony of architectural or site design, density or use.”
As noted above, the City Commission has latitude in considering the geographical
extents of a zoning district. To date, the City of Bozeman has not defined a specific area
outside of the area itself to be rezoned for consideration of this criterion. A review of the
existing uses within a quarter mile radius of the amendment site shows a variety of
zoning districts. Including:
▪ Story Mill Park to the north.
▪ County R-S zoning of semi-rural residential areas to the east and west
▪ R-S on the southwest point
▪ R-4 zoning to the north
▪ Light industrial (M-1) on the southwest
▪ An area of manufacture housing zoning (R-MH) to the southeast
▪ Other R-3 to the east
Page 77 of the BCP 2020 describing review of zoning map amendments states “When
evaluating compliance with criteria, it is appropriate to consider all the options allowed
by the requested district and not only what the present applicant describes as their
intensions.” When evaluating compatibility between zoning districts, Staff considers the
full range of allowable uses, not only what is built now or proposed by a specific project.
The maps in Section 1, show municipally zoned areas in the immediate vicinity are both
low and high range of zoning district intensity. This is consistent with the City’s previous
and current growth policy and infrastructure planning. The character of the larger area is
in the process of changing with Stockyards master site plan, Bridger View
Redevelopment project, and Story Mill Park. Therefore, the character is not fully defined
and is suitable to add additional uses. The City, as shown by an examination of the zoning
map and authorized uses in all zoning districts, strives to encourage a diverse
development pattern and avoid large areas of single use development. Therefore, when
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 38 of 44
considering the character of an area it is expected that there will be diversity of
development types. This diversity is also shown on the zoning maps in Section 1.
Evaluation of local development patterns has shown that development within the City is
more land efficient than rural or suburban development in unannexed areas. Urban
intensity development whether more intensive apartment style development or more
typical medium density residential is much more land efficient than rural/suburban
development. Suburban development consumes 135 times the amount of land and the
rural consumes 594 times the amount of land per home than urban development.
Development within the City also provides for a wide range of housing types to meet a
wide range of housing needs. Development within the City lessens likelihood of
conversion of agricultural and open spaces to other uses but does convert uses on some
land with annexation. The City expects urban development within the municipal
boundary.
Table 4 of the BCP 2020, see Section 6, Criterion A above, identifies the implementing
zoning districts of the Urban Neighborhood future land use category. That category
allows for zoning districts that authorize a wide range of possible future development.
There are no zoning districts which are limited to only one type of development. All zoning
districts implementing the Urban Neighborhood category provide for a range of housing
types, institutions, and commercial activities. The expansiveness and intensity allowed
varies between districts. As noted in this report, the BCP 2020 calls for evaluation of the
entire range of uses in zoning districts when evaluating criteria for zoning amendments.
The R-3 zoning districts and the adjacent R-S, R-2, R-3, R-4, M-1, and R-MH zoning
districts are residential in nature and are more similar than different in uses and
standards. Development in R-3 is more intensive than that allowed in the R-1 district,
such as a limited apartment buildings (structures that host up to eight dwellings units)
and apartment building. These are subject to the standards of Article 38.5. Article 38.5
which imposes a variety of standards on site and building design to mitigate potential
impacts on adjacent properties.
Evaluation of this situation is guided by the growth policy. On page 76 of the BCP 2020
under discussion of application of this zoning criteria is saying:
“Second, when considering an amendment to the zoning map both the actual
and possible built environment are evaluated. If the amendment is
accompanying an annexation request, there is often a substantial change in
use that will occur. In this case, the Commission must look at what the growth
policy recommends for the area, as there is less built context to provide
guidance.”
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The City has adopted many standards to identify and avoid or mitigate demonstrable
negative impacts of development. These will support the ability of future development in
R-3 to be compatible with adjacent development and uphold the residential character in
an area where R-3 is applied even if the intensity between districts is different. The
following excerpt from the BCP 2020, page 75 describes the City’s adopted approach.
“What combination of uses under what conditions can work well together? There
is a wide range of possible answers for each community to consider. Some
communities take a highly prescriptive worst-case view and try to restrain all
possible points of perceived conflict. This tends to create a very homogenous
community with little interest or scope for creativity. Bozeman takes a different
approach. The worst-case scenario is recognized as unlikely, but possible.
Development standards deal with the majority of cases, while restraining
extraordinary problems.
The City creates standards under items 1 through 3; when one district is adjacent
to another and is consistent with the growth policy, any physical conflicts will be
minimal, if present at all. The City’s zoning policy encourages continued
development of mixed uses. … The City uses the broad scope of its development
standards to enable differing uses to be successful near each other. This shows
on the zoning map where districts providing a wide diversity of uses are
intermixed.”
The standards adopted by the City prevent physically dangerous spillover effects. An
example is the capture, treatment and discharge controls from additional storm water
runoff as additional impervious surfaces are built. Required setbacks from property
lines, landscaping requirements, protection of wetlands and watercourses, and similar
site and building standards address character and compatibility. These and other
standards carry out the intent and purpose of the City’s land development standards in
Chapter 38 of the municipal code.
Sec. 38.100.040. - Intent and purpose of chapter.
A. The intent of this unified development chapter is to protect the public health,
safety and general welfare; to recognize and balance the various rights and
responsibilities relating to land ownership, use, and development identified in
the United States and State of Montana constitutions, and statutory and
common law; to implement the city's adopted growth policy; and to meet the
requirements of state law.
Zoning does not prohibit change but provides a structure within which change can occur.
Such changes include modifications to both the text and zoning map. Such amendments
1114
Staff Report for the L Street Annexation and ZMA, Application 25360 Page 40 of 44
are authorized in the zoning enabling act for municipalities. Landowners have both
property rights and responsibilities. The City has adopted development standards to
ensure that responsibilities are met while landowners exercise their property rights. The
City has not chosen, and is not required, to adopt standards for all issues. For example,
standards have not been adopted regarding preservation of view sheds or extra
separation of buildings from unannexed property.
Finally, Theme 7 of the BCP 2020 includes this statement:
“RC-3.2 Work with Gallatin County to keep rural areas rural and maintain a clear
edge to urban development that evolves as the City expands outwards.”
This objective describes the situation now under review. The City is expanding inwards
and outwards by annexation. Gallatin County has identified this area as a growth area in
its land use planning documents. Staff concludes that R-3 is not significantly different
from or detrimental to the surrounding zoning is compatible urban growth called for in
the growth policy. See also discussion for Section 6, Criteria A, G, and F.
Municipal Code
Section and Title
Subject Related Documents When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan,
building permit
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan,
building permit
38.320.060 Zone
Edge Transitions
Height adjustments
on the edge of some
zones
Site plan
38.340 Overlay
District Standards
Historic preservation SOI Standards for
Historic Preservation,
Design Guidelines for
Historic Preservation
Site plan and building
permit
38.5 Project Design Site layouts,
landscaping,
building
configuration, signs,
lighting
Site plan and building
permit
1115
Staff Report for the L Street Annexation and ZMA, Application 25360 Page 41 of 44
I. Peculiar suitability for particular uses.
Criterion met. The proposed amendment does not modify the existing standards of the
R-3 district. The current zoning is A-S under the Gallatin County Bozeman Area Zoning
District which was originally created and administered by the City/County Planning
Board. Adjacent properties are both designated for residential development and are
zoned similarly. Therefore, the impact of the amendment is limited to this application
site.
The property is generally flat with the East Gallatin River bisecting the property south to
north. The property is within the City’s planning area for land use and utility extensions
and the County’s annexation holding area. There is frontage on L Street and Story Mill
Roads which are both designated Collector Streets. Municipal utilities and emergency
services can be extended to the area.
The property is within the City’s planning area for land use and utility extensions.
Municipal utilities and emergency services can be extended to the area. Therefore, R-3
uses are suitable for the subject property.
J. Conserving the value of buildings.
Neutral. The proposed amendment does not modify the existing standards of the R-3
district. R-3 is residential in nature and allows a variety of building mass, scale, and form.
The Future Land Use and zoning surrounding the property is residential in nature.
Future development is not known at this juncture and will emerge with future
development applications. The permitted uses must conform to the adopted zoning. Any
new structures at the site will be required to meet setback and other protective
requirements set forth in the Bozeman Municipal Code. Compliance will alleviate
potential negative impacts to the value of surrounding buildings and properties. The
location of amenities that may increase the value of buildings such as parks, open
space, trails, and value-added assets is undermined.
As described in earlier criteria, the proposed zoning is compatible with existing buildings
on adjacent properties and does not create any new situations not in compliance with
municipal code.
Municipal Code
Section and Title
Subject Related
Documents
When standard is
applied
38.310 Permitted
Uses
What can be done
where in the city.
Growth policy Subdivision, site plan
review, building permit
1116
Staff Report for the L Street Annexation and ZMA, Application 25360 Page 42 of 44
38.320 Form and
Intensity Standards
Standards for
building placement
and maximum size
Subdivision, site plan
review, building permit
38.600 Natural
Resource Protection
Protect
watercourses and
wetlands
FEMA Floodplain
study
Subdivision, site plan
review, building permit
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Criterion Met. The proposed R-3 zoning designation will encourage the most appropriate
use of land as the property is adjacent to both residential and industrial uses. There is
access to the city’s services, including streets, thus the site can support a medium
intensity of uses as allowed within the R-3 zoning district. Furthermore, the proposed R-
3 zoning designation is consistent with the BCP 2020 future land use map designation of
“Urban Neighborhood”.
APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice was published in the Bozeman Daily Chronicle on November 8 and 15, 2025. The
notice was posted on site and notices mailed by the applicant as required by 38.220 and
the required confirmation provided to the Planning Office. Notice was provided at least
15 and not more than 45 days prior to any public hearing.
Public comment can be reviewed at the following link [External Link].
APPENDIX B - PROJECT GROWTH POLICY AND PROPOSED ZONING
Adopted Growth Policy Designation:
The property is designated as “Urban Neighborhood” in the Bozeman Community Plan
2020.
“This category primarily includes urban density homes in a variety of types, shapes,
sizes, and intensities. Large areas of any single type of housing are discouraged. In
limited instances, an area may develop at a lower gross density due to site
constraints and/or natural features such as floodplains or steep slopes.
Complementary uses such as parks, home-based occupations, fire stations,
churches, schools, and some neighborhood-serving commerce provide activity
centers for community gathering and services. The Urban Neighborhood
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 43 of 44
designation indicates that development is expected to occur within municipal
boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density.
Higher density residential areas are encouraged to be, but are not required or
restricted to, proximity to commercial mixed-use areas to facilitate the provision of
services and employment opportunities without requiring the use of a car.”
Proposed Zoning Designation and Land Uses:
The applicant has requested zoning of R-3, Residential Medium Density District whose
intent is to:
The intent of the R-3 residential medium density district is to provide for the development
of one- to five-household residential structures near service facilities within the city. This
purpose is accomplished by:
1. Providing for minimum lot sizes in developed areas consistent with the
established development patterns while providing greater flexibility for clustering
lots and mixing housing types in newly developed areas.
2. Providing for a variety of housing types, including single household dwellings, two
to four household dwellings, and townhouses to serve the varied needs of
households of different size, age and character, while reducing the adverse effect
of non-residential uses.
Use of this zone is appropriate for areas with good access to parks, community
services and/or transit.
APPENDIX C - OWNER INFORMATION AND REVIEWING STAFF
Owner: Idaho Pole Company, 3325 Meridian Avenue East, Suite 4, Edgewood, WA
98371
Applicant: Sanbell, 106 East Babcock, Bozeman, MT 59715
Representative: Sanbell, 106 East Babcock, Bozeman, MT 59715
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Staff Report for the L Street Annexation and ZMA, Application 25360 Page 44 of 44
Report By: Tom Rogers, Senior Planner, Community Development Department
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be
changed by this Annexation or Zone Map Amendment.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715. The application materials can also
be viewed online by clicking the following web link.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=301760&dbid=0&repo=BOZEMAN
1119
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Mitch Overton, Parks and Recreation Director
SUBJECT:Appointments to the Urban Parks and Forestry Board
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint up to four members to the Urban
Parks and Forestry Board to a term ending December 31, 2027.
AND
I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the
Vice-chair.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Urban Parks and Forestry (UPF) Board has four positions available due to
a combination of vacancy and expiration of terms. The new terms expire
December 31, 2027.
The City Clerks Office posted the vacant position online and ran a legal ad in
the Bozeman Daily Chronicle. Applications were open and accepted until
November 30, 2025. Four applications were received.
An interview was held in conformance with Resolution 5323.
The role of Chair and Vice-chair will also need to be designated for the new
term.
UNRESOLVED ISSUES:Mathew Kortam also applied for the Sustainability Board. He can only serve
on one board at a time.
ALTERNATIVES:As per the Commission
FISCAL EFFECTS:None
Attachments:
Urban Parks and Forestry for Agenda.pdf
1120
Report compiled on: December 2, 2024
1121
Submit Date: Nov 04, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Urban Parks and Forestry Board: Eligible
How did you hear about this Board/Commission or vacancy?
Newspaper
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
0
Sally Schrank
Bozeman MT 59715
Greater YellowstoneCoalition Montana ConservationManager Nonprofit Management
Sally Schrank 1122
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I have been in the nonprofit conservation space in Montana for two decades and a Bozeman
resident for 15 years. My land work has focused on land protection projects, as well as
stream restoration projects. I have experience working with local, state and federal elected
officials. I have strong experience in fundraising. I have a master's degree in biology, with a
focus on fisheries. I also participate in several collaboratives for my current nonprofit
organization. My previous volunteering experience in Bozeman was focused on our schools
and music programs. With my kids graduating out of the school system, I am looking to fulfill
my volunteer time with something I love, our parks. I will bring my background in land
issues, fisheries and collaboration to the board to bring the best outcome for the citizens of
Bozeman. I would be happy to share my resume, should you have interest in learning more
about me.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I have read through the policy and it makes sense to me. I believe everyone should belong in
Bozeman.
References
Reference #1 Full Name
Sierra Harris
Relationship to Reference
Colleague/Friend
Phone Number
Email
Confirm Email
Reference #2 Full Name
Amy Sheppard
Sally Schrank 1123
Relationship to Reference
Friend and former colleague
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Sally Schrank 1124
Submit Date: Nov 06, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Urban Parks and Forestry Board: Eligible
How did you hear about this Board/Commission or vacancy?
word of mouth, social media
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
Urban Parks & Forestry, 1 term, Impact Fees, 1 term
Teri Lumsden
Bozeman MT 59718
Foundation Therapy Services Ops Manager Manager
Teri Lumsden 1125
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I believe in serving my community. I grew up in SW Montana, left and choose to return
because it's such a wonderful place. There are a few UPF projects that I would like to see
finalized during my second (and final) term. To honor the UPF efforts, I would like to continue
to assist with the projects. They are well thought out and in the best interest of our
community. As far as my qualifications, I'm from a family of natural resource scientists.
Family conversations often revolve around plants, trees, management of natural resources.
My "art" passion lies with natural landscaping, seeing and spending time in nature. I utilize
Bozeman's trails and live in the Cattail Creek corridor. I am the forthcoming President of the
Bozeman Sunrise Rotary Club, am married to the current President of the Gallatin Empire
Lions and have a child at Gallatin High School.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
Fairness to all to be concise. Everyone makes personal choices and has personal beliefs. The
resolution is trying to be fair to all citizens.
References
Reference #1 Full Name
Lori Johnson
Relationship to Reference
friend
Phone Number
Email
Confirm Email
Reference #2 Full Name
Alfons Staerk
Teri Lumsden 1126
Relationship to Reference
friend
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Teri Lumsden 1127
Submit Date: Nov 14, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Urban Parks and Forestry Board: Eligible
How did you hear about this Board/Commission or vacancy?
Friend, Amaia Sangroniz
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Matthew Kortan
Bozeman MT 59715
Human ResourceDevelopment Council Program Eligibility Specialist
Energy Share of Montanagrants for local applicantsseeking assistance on theirheat bill.
Matthew Kortan 1128
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
My qualifications for the Sustainability Board start with my personal belief that all life should
be approached with dignity. I began to experience the cruciality of compassion, connection,
and long-term thinking while teaching middle school science over the past couple of years.
My curriculum aimed to help students see that the natural world and human communities
are deeply intertwined, and that we thrive most when we cultivate one another’s well-being.
The Bozeman community has taught me about and made me extremely passionate for
coexistence between ourselves and the environment. Specifically, solutions that are non-
lethal, non-extractive, and grounded in reciprocity with the ecosystems that sustain us.
Through my volunteer work with the Montana Raptor Conservation Center, I help educate
the public about the value and individuality of birds of prey. I have seen people become
inspired when they realize that wild animals are beings just like us; beings with their own
needs, struggles, roles, and duties in our shared space, the need to invest in sustainable
solutions becomes apparent. This perspective informs my current work at HRDC, where I
help households access energy assistance through programs like LIHEAP. Although the
challenges look different, both people and wildlife are struggling to survive and dream of a
situation where they might even thrive. Compassion, accessibility, and community are the
only avenues toward environmental sustainability and continuing to meet human needs.
Bozeman is in a pivotal position. We are a rapidly developing city situated on the cusp of one
of the most ecologically important and intact prairie ecosystems in the world. To protect that
landscape, I want to support just and resilient growth in our city to ensure that as we build
our future, we honor the dignity of all life. I want to serve on the Sustainability Board to help
a place that I love make thoughtful, inclusive, and environmentally grounded decisions. I am
committed to bringing a perspective shaped by education, community service, and a belief
in coexistence to the Sustainability Board.
Matthew Kortan 1129
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan aims to cultivate a community that respects and celebrates
the inclusion of new backgrounds, perspectives, and identities in our city while
simultaneously honoring those that have held precedence in this place traditionally. I think it
is important that the plan characterizes belonging as not merely the emotional experience of
an individual, but as something designed by the public via intentional policy-making,
equitable access to services, inclusive community engagement initiatives, and a shared
culture of dignity. The plan hones in on these goals by outlining structural steps the city can
take to reduce barriers, expand opportunity, and uplift identities that are currently
underrepresented or underserved. To me, the plan is fundamentally about recognizing that
people thrive when they feel seen and supported, something I learned the hard way through
my work as a Middle School Educator. It has become clear to me that a sustainable city also
needs to be an inclusive one in order to foster collaboration, innovation, and caring. My work
at HRDC has made this feeling tangible. Every day, I interact with community members who
are navigating housing insecurity, energy burdens, and other challenges that can make a
person feel (literally) disconnected or overlooked. Many of the plan’s recommendations
reflect what I’ve seen firsthand: that accessible communication, compassionate systems,
and active outreach are essential for building trust and belonging. In implementing the plan,
policies should be designed with the understanding that people come from an array of
circumstances, speak different languages, and have varying levels of financial and social
stability. This means clear communication, low-barrier engagement processes, and multiple
pathways to participate are imperative. Also, we need to ensure that environmental
sustainability and belonging are treated as connected. A healthy environment is foundational
to community well-being, and sustainable practices must be implemented in ways that
benefit residents equitably. This includes acknowledging that growth, development, and
conservation decisions have the power to reinforce belonging or undermine it. Last, the
foundation for the plan is already strong among the community groups already doing great
work in this city. My experience has exposed me to the efforts of Montana Raptor
Conservation Center, Gallatin Watershed Council, Bozeman Democratic Socialists of
America, the HRDC, Museum of the Rockies, various Indigenous community organizations,
and other nonprofits that lead values-based initiatives rooted in dignity and education.
Supporting and collaborating with them amplifies the city’s reach and impact.
References
Reference #1 Full Name
Isabel Friedman
Relationship to Reference
Friend, fellow community organizer
Phone Number
Email
Matthew Kortan 1130
Confirm Email
Reference #2 Full Name
Carol O'Neil
Relationship to Reference
Supervisor at Montana Raptor Conservation Center
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Matthew Kortan 1131
Submit Date: Oct 05, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Urban Parks and Forestry Board: Appointed
How did you hear about this Board/Commission or vacancy?
Word of mouth
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
n/a
Paige Lisowski
Bozeman MT 59715
Open Source Integrators Bookkeeper Bookkeeper
Paige Lisowski 1132
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I have lived in Bozeman for almost 9 years now and our city’s parks have been a significant
point of joy for me in that time. Volunteering as a mentor with Big Sky Youth Empowerment
Program for more than 5 years allowed me to see first-hand how impactful access to access
to our city’s parks can be. I graduated from MSU with a degree in biochemistry, where I
developed excellent research skills and through several jobs I have gained experience in
creating engaging educational materials and coordinating community events.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
Much of my career has been spent working for programs with core values of diversity,
equity, and inclusion. I have both participated in and facilitated workshops centering on DEI.
References
Reference #1 Full Name
Lauren Rygg
Relationship to Reference
Coworker
Phone Number
Email
Confirm Email
Reference #2 Full Name
Benjamin Blumenstock
Relationship to Reference
Past coworker
Paige Lisowski 1133
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Paige Lisowski 1134
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Natalie Meyer, Sustainability Program Manager
SUBJECT:Appointments to the Sustainability Board
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint up to four members to the
Sustainability Board to terms ending December 31, 2027 and one member to
a term ending December 31, 2026.
AND
I move to appoint [Insert name] as Chair and [Insert name] as Vice-chair of
the Sustainability Board.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Sustainability Board has five positions available due to a combination of
vacancy and expiration of terms. Four terms will expire December 31, 2027
and one term will expire December 31, 2026.
The City Clerks Office posted the notice of positions online and ran a legal ad
in the Bozeman Daily Chronicle. Applications were open and accepted until
November 30, 2025. Nine applications were received.
An interview panel was held in conformance with Resolution 5323.
The role of Chair and Vice-chair will also need to be designated for the new
term.
UNRESOLVED ISSUES:Matthew Kortam also applied for the Urban Parks and Forestry Board. He
can only serve on one board at a time.
ALTERNATIVES:As per Commission
FISCAL EFFECTS:None
Attachments:
1135
Sustainability for Agenda.pdf
Report compiled on: December 2, 2024
1136
Submit Date: Nov 30, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Submitted
How did you hear about this Board/Commission or vacancy?
From current Board member Brooke Lahneman
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
n/a
Kendra Kallevig
Bozeman MT 59718
EDP Renewables NorthAmerica Senior EnvironmentalManager Renewable EnergyDevelopment
Kendra Kallevig 1137
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I grew up in Sidney, Montana, near where the Yellowstone River enters the Missouri, and now
call Bozeman home, a place between the headwaters of those two rivers. Over the course of
my life two themes have remained constant: a dedication to protecting the natural
environment, and a love for Montana. I have more than 15 years professional experience
focused in environmental work ranging from renewable energy, energy efficiency,
environmental policy, and conservation. I have worked in private industry, local and federal
government, and the non-profit sector. Currently, I am a Senior Environmental Manager for
EDP Renewables. I am responsible for environmental diligence and permitting activities for
utility scale wind and solar energy facilities across North America. In this role I regularly
interface with state and federal agencies, along with local permitting authorities and non-
profit organizations. I spend significant time at local permitting hearings in rural
communities and am so inspired by the dedication of local decision-making bodies to their
communities, and I feel compelled to become more involved in my own local government.
My experience working in local government was with the Climate Change Program for the
Borough of Kensington and Chelsea in London. There I was involved in tracking greenhouse
gas emissions, supporting energy efficiency projects at city facilities, and defining Key
Performance Indicators related to sustainability for Borough contractors. My academic
background includes a BA in Environmental Studies from the University of Montana and Civil
and a MS in Atmosphere/Energy from Stanford University. I live in Bozeman with my
husband, our nearly three-year-old son, and two dogs. When I’m not working, I’m usually in
the mountains or on the rivers. The natural environment forms the core of how people live in
Bozeman, and creates complicated challenges related to growth and environmental impacts.
Since moving back to Montana I have been looking for ways to engage in my community and
was excited to learn about openings on the Sustainability Board. My breadth of knowledge
related to sustainability topics is well-suited to this role. I’m particularly interested to
understand more about the work of the City Commission and where and how sustainability
considerations can be incorporated. Specific topics I hope to learn about and contribute to
include sustainability as it relates to transportation and affordability, and the metrics used to
measure impacts and progress. I am endlessly curious, dedicated, and look forward to the
opportunity to serve my community.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The goals of Resolution 5556 are intrinsically tied to the interrelated nature of sustainability
and environmental justice. A sustainable community means supporting justice and equity for
all its residents, and recognizing the unequal impacts of environmental issues and
opportunities on people in our community. I was impressed to read Resolution 5556’s vision
statements and commitment to data collection and progress updates. Through my work on
the Sustainability Board I would endeavor to keep in mind the eight vision statements. Any
initiatives related to environmental sustainability must also support equity and resiliency as
related to economic, social, educational, and community perspectives.
References
Reference #1 Full Name
Brooke Lahneman
Kendra Kallevig 1138
Relationship to Reference
Friend
Phone Number
Email
Confirm Email
Reference #2 Full Name
Adam Davis
Relationship to Reference
Neighbor and Colleague
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
Kendra Kallevig 1139
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Kendra Kallevig 1140
Submit Date: Nov 25, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
I am a current member of the board
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
I've served on the sustainability board since July 2024
Erin D Jackson
Bozeman MT 59715
Colorado State University PhD Candidate / Researcher Agroecologist
Erin D Jackson 1141
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I have served on the Sustainability Board for 1.5 years so I am familiar with how the board
functions. My professional and personal experiences, from community-based nonprofit
leadership to national policy-focused research about climate change and agriculture, are well
aligned with the goals of the board. I spent 10 years leading Farm to School programs in
Bozeman schools through service with FoodCorps AmeriCorps and as Education Director for
nonprofit Gallatin Valley Farm to School. Through these positions, I worked tirelessly to build
capacity for a sustainable, local food system through youth education, local food
procurement with farmers, and community outreach. I have expertise in food system and
agricultural policy from Tufts University and my current dissertation research. For example, I
am a co-author on the National Climate Change Roadmap, a publicly-available report
outlining the federal priorities for climate change and agriculture research for the next
decade. I am also working with farmers around Montana on a project to assess the potential
for dryland vegetable production as a climate resilience strategy. From a personal
standpoint, I am deeply concerned about the climate crisis and invested in promoting
sustainability. It would be an honor to continue serving on the Sustainability Board.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I applaud the City Commission for adopting the Belonging and Bozeman Plan and am
grateful to live in a community that prioritizes equity and inclusion. My understanding of the
resolution is that it directs the city to creation vision statements for several key areas
related to equity, including housing, education, health, and transportation. The city is then
required to create goals and an implementation plan for each area. I would like for the
Sustainability board to address implementation of these areas, as sustainability is
interconnected with equity. I suggest focusing on a few of the topics and first reviewing what
the city already has in place, whether it is successful, and making goals to better align with
the plan. The topic of transportation seems like a good first area to focus, as the city is
rapidly developing and has the opportunity to put into place accessible multi-model
transportation infrastructure now.
References
Reference #1 Full Name
Kareen Erbe
Relationship to Reference
Permaculture Design Teacher / Colleague
Phone Number
Email
Erin D Jackson 1142
Confirm Email
Reference #2 Full Name
Mary Stein
Relationship to Reference
Mentor
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Erin D Jackson 1143
Submit Date: Nov 19, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
I was invited and encouraged by various members of City Commission and different
community leaders.
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A- but I go to almost every city commission meeting
Gracie A Caldwell
Bozeman MT 59715
Montana State UniversityPlant Sciences Department BIOB160 TA (Introduction toMicrobiology)Full time student
Gracie A Caldwell 1144
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
As an environmental science major, I do not just specialize in analyzing policy and projects
through nonbiased, holistic perspectives. With my experience throughout my major, all of my
education has contributed to me understanding key issues such as soil health, water
allocation, energy use, and natural habitat creation. Additionally, as both an over-involved
MSU student and an over-involved participant, I know I bring a unique perspective to
community development in terms of sustainability. Some key experiences that would make
me a good fit for this board include: 1. My previous employment with the Well-Educated well
water extension program 2. My leadership in organizations such as Citizens Climate Lobby
MSU, Campus Climate Coalition (Climate Week) MSU, and Grow Our World MSU 3. My
internship at Shanghai Disney's Environmental Affairs team 4. My experience in city
government with my Student Advisory Council initiative proposal
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan, at its core, aims to support diversity of sexuality, gender,
race, and ethnicity both within the city of Bozeman government, and within policy/action of
the Bozeman city police. Suggestions: 1. The BPD should be implementing community
outreach that involves teaching citizen's self-defense: especially in pepper spray workshops.
Many students I know carry pepper spray, and frankly, wouldn't know how to use it if (god
forbid) they were in a dangerous situation. This is a great opportunity for the BPD to not just
connect with the community but actively empower them in a relevant field. 2. The City of
Bozeman should make an effort to encourage applications from youth. While many students
are still engaged in educational pursuits- they still have valuable experience, perspectives,
and abilities that is lacking from the City of Bozeman.
References
Reference #1 Full Name
Paul Lachapelle
Relationship to Reference
Advisor to an organization I run
Phone Number
Email
Confirm Email
Gracie A Caldwell 1145
Reference #2 Full Name
Rebecca Eberlin
Relationship to Reference
Advisory to the Student Advisory Council program I am trying to start
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Gracie A Caldwell 1146
Submit Date: Nov 18, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
Currently serving
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
City of Bozeman Sustainability Board
Brooke Lahneman
Bozeman MT 59715
Montana State University Assistant Professor ofManagement Educator/Professor
Brooke Lahneman 1147
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I am a professor of business sustainability, and teach and conduct research on this topic. So I
have deep knowledge of sustainability concepts and examples in action. I also have served
on the Sustainability Board (am currently Chair) since Jan. 2023, so have experience on this
board, with its procedures, policies, and workplan.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
My understanding of the Belonging in Bozeman Plan is that City Board members should
consider advising ideas and solutions that are inclusive and equitable to all citizens of the
City. That includes gender and race as well as economic considerations and environmental
justice. My thoughts on implementing the plan would be to consider inclusivity and equity in
all suggestions or ideas I offer as part of the board.
References
Reference #1 Full Name
Adam Sigler
Relationship to Reference
Husband
Phone Number
Email
Confirm Email
Reference #2 Full Name
Virginia Bratton
Relationship to Reference
Coworker/Friend
Brooke Lahneman 1148
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Brooke Lahneman 1149
Submit Date: Nov 16, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
Prior board experience
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
Sustainability Advisory Board for 3 years
Kristin Blackler
Bozeman MT 59718
Bridger Bowl Ski Area Sustainability Director Sustainability Director
Kristin Blackler 1150
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
With over 15 years of experience advancing sustainability in higher education, nonprofit, and
private sectors, I bring a deep commitment to environmental stewardship, climate resilience,
and organizational change management. As the current Sustainability Director at Bridger
Bowl,, I lead initiatives that reduce resource use, lower greenhouse gas emissions, and
embed sustainability into all aspects of resort operations with a particular emphasis on
supporting local sustainable businesses, employee and visitor education, outreach and
engagement. My work focuses on implementing data-driven strategies to optimize energy
and water efficiency, foster community partnerships, and guide the organization toward its
long-term environmental goals. Previously, as the inaugural Sustainability Director at
Montana State University, I established and led the university’s comprehensive sustainability
program, including the creation of its first Climate Action Plan, Sustainability Framework, and
Sustainability Minor. Under my leadership, MSU became the first university in Montana to
achieve STARS Gold recognition and launched impactful programs such as campus
composting, energy reinvestment, and sustainable transportation planning. I also served as
an adjunct faculty member, developing and teaching courses that integrated environmental
policy, energy efficiency, and community-based sustainability solutions. I have also had the
privilege of serving on the City of Bozeman Sustainability Advisory Board from 2021-2024,
and serving as the Treasurer for the Gallatin Valley Urban Transportation District Board until
my term ended in October, 2025. Now that I am no longer serving on the GVUTD Board I find
that I have extra time and a desire to give back to my community by applying for
reappointment to the City of Bozeman Sustainability Advisory Board.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan (Resolution 5556) in an important, and frankly, inspiring
framework to ensure that every person in Bozeman feels welcomed, valued, and supported
in a thriving, resilient community. At a time where legislation was being created to sow
division and strip social progress on diversity and inclusion, I applaud the City of Bozeman
for doubling-down on the importance of creating welcoming communities for everyone. The
plan’s emphasis on equity, trust, and inclusion complements the City’s sustainability goals
recognizing that environmental stewardship and social well-being are inseparable. A
sustainable Bozeman must also be an equitable Bozeman, where all residents have access
to clean air and water, affordable housing, safe transportation, and opportunities to
participate in shaping their community’s future. I view belonging and sustainability as
interconnected systems, social inclusion is essential for any climate action to help, rather
than exacerbate, the climate problem. Serving on the Sustainability Advisory Board would
allow me to bring my experience in strategic planning, stakeholder engagement, and
measurable outcomes to help advance Bozeman’s sustainability goals through the lens of
belonging and equity. I am passionate about supporting a future where environmental action
and community connection grow hand in hand.
References
Reference #1 Full Name
Bonnie
Relationship to Reference
Coworker
Kristin Blackler 1151
Phone Number
Email
Confirm Email
Reference #2 Full Name
Jennifer Joyce
Relationship to Reference
Friend
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Kristin Blackler 1152
Submit Date: Nov 15, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
Isabel F
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
no
Autumn Michels
Bozeman MT 59715
Main Street Overeasy Waitress Waitress
Autumn Michels 1153
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
My name is Autumn Michels, and I am a current resident of Bozeman, Montana, with a
staunch love for community organizing and environmentalism. My love for the environment
has come from many different aspects in my life, including my experience in managing
Idaho Conservation Corps youth programs, my current engagement in eco-socialism efforts
at our local community garden in Bozeman, Story Mill Gardens, and our warming shelter.
Along with this, my previous experience in New York State Parks, and helping to farm,
promote, and coordinate my father's organic farming business, Cascade Organic, has
created my love and passion for environmental work. I majored in politics at Ithaca College
to help the environmental movement and implement change legislatively to help our Earth
flourish. Through my time at Ithaca College, I learned that community is one of the most
important things when cultivating change in the environmental field. As we learn more about
the nature around us and the interconnectedness of our world, community blossoms as a
natural response to seeing how we all have more in common than different. From this
connection to the earth stemmed my love for community organizing. I currently volunteer all
throughout Bozeman, helping with Eco-socialism efforts at Story Mill and the Warming
shelter, Sweet-Pea, Montana for Palestine, Democratic Socialists of America, canvassing for
affordable housing, and efforts previously with the Gallatin Watershed Council. Outside of
being a volunteer, I have professionally managed trail crew efforts, conducting conservation
tasks throughout Idaho, Wyoming, and New York. Specifically, I helped build a fence to keep
cattle from disturbing riparian life around a lake near the Payette National Park. We also
worked on creating irrigation systems for trails that would allow the water to flow more
effectively off the trail and stop erosion. Along with this, I have experience in collecting data
for ADA surveying in the Palisades and combating invasive species all throughout Idaho. I am
very self-driven and have personally organized many volunteer benefits and shows with my
local band SKELECORE for various organizations in town. Previously, making over 3,000
dollars for local organizations here in Bozeman. I pride myself on my organizational skills,
which are paramount when planning such events. I have also worked in the service industry
for three years of my life and have excellent people skills. I would love the opportunity to be
on the Sustainability Advisory board, as this position highly aligns with my values and
passions for community and environmentalism. I am excited to use my past environmental
experience and community organizing to guide the city on suitability and I look forward to
learning more about how the city considers sustainable efforts. Thank you, Autumn Michels
Autumn Michels 1154
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan is a commitment to help residents in Bozeman thrive
regardless of race, identity, or life circumstances. Specifically addressing housing,
transportation, health and well-being, education, child care and youth programming,
economic security, community resilience, and community safety/ civic health. This plan
commits to conducting data collection to create a baseline of information on these issues
with annual progress updates, while also committing to implementing the plan itself, which
will organize the structure to provide more equitable treatment of Bozeman citizens. I value
this consideration of the inequality innate in our system due to race, identity, and or life
circumstances. As the power of the government is to represent its people, I believe “The
Belonging in Bozeman Plan” shows this deep consideration for all citizens in Bozeman to
thrive equitably. I have many thoughts when considering the implementation of this plan.
One, there are many things here that the city has named to address, so we must be diligent
when addressing so many things. Perhaps a large group consisting of all advisory boards
addressed in this plan should work together to organize this plan. Organization is key when
addressing so many issues. Two, this plan creates an ethos of inclusion that I believe should
be considered in its implementation alongside its end result. More simply put, the city should
consider inclusion when choosing who to work with to implement these goals and when
thinking of who to hire to collect research. This plan wishes to create a new culture in
Bozeman of inclusion that we must consider when considering people to help implement this
plan. Three, specifically housing, the city should consider establishing a Public Housing
Authority to help provide affordable housing. It is Montana law that if a city has unsafe or
unsanitary living that, a PHA must be established to help create safe and sanitary housing.
This would be a great avenue to help implement one of the goals of this plan, to provide
affordable, accessible, and safe housing. And finally, I believe that these goals will bring
more community to Bozeman and be an example to other communities on how to provide
more equitable treatment through city government.
References
Reference #1 Full Name
Isabel Friedman
Relationship to Reference
Community Organizing Partner
Phone Number
Email
Confirm Email
Autumn Michels 1155
Reference #2 Full Name
Amaia Sangroniz
Relationship to Reference
Leader of sustainable efforts at Story Mill
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Autumn Michels 1156
Submit Date: Nov 15, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
Board Member
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Nick Fitzmaurice
Bozeman MT 59715
Montana EnvironmentalInformation Center Energy Transition Engineer Nonprofit
Nick Fitzmaurice 1157
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I was deeply involved in sustainability initiatives while a student at Montana State University
from 2019 to 2023, working at the university's Office of Sustainability throughout my time as
a student. In 2022 I had a summer internship in Washington DC working at a Think Tank as
the Climate Policy and Economics intern, modeling theoretical economic impacts of a nation-
wide carbon tax policy. I graduated with a BS in Industrial and Management Systems
Engineering and a minor in Sustainability and Environmental Stewardship in May 2023, and
shortly after, moved to Helena where I started my current job at MEIC. I've been in this
position for over two years, and had the opportunity to move back to Bozeman this summer
to continue this job mostly remote. At MEIC we work to preserve and protect a clean air,
clean water, and a healthy climate for present and future generations through policy work at
the local, state, and federal level, though most of our work happens at the state level
through the legislature, Montana Public Service Commission, Department of Environmental
Quality, and other important decision-making forums. We engage in mining issues to protect
clean water, air quality permitting to protect clean air, zoning and planning decisions for
smart, forward-looking sustainable development, regulatory decision making around our
energy system at the public service commission, and lobby full time during the state
legislature on all of these issues and more. I focus on decarbonizing Montana's energy
system in my position, with lots of my work focussed around NorthWestern Energy and the
Public Service Commission. In my personal capacity, I would love to be a part of local
sustainability decision-making at the local level here in Bozeman!
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman plan is the City's commitment to fostering equity and inclusion in
the community of Bozeman for a community that values everyone that lives, works, or just
passes through regardless of their race, identities (gender, sexual orientation, religion, age,
nationality, and more), and life circumstances (socioeconomic status, housing status,
employment status, and more). This is an important commitment from the City, especially in
today's political climate where equity and inclusion are threatened by policy at the national
level. It is essential for the City to protect the people in Bozeman and create a safe and
inviting space for everyone to thrive. In the three pillar sustainability framework —
economic, social, environmental, the Belonging in Bozeman Plan fits soundly under the
social pillar as we build a sustainable and welcoming Bozeman into the future. I'm glad
Bozeman has made this committment!
References
Reference #1 Full Name
Anne Hedges
Relationship to Reference
Supervisor at MEIC
Phone Number
Nick Fitzmaurice 1158
Email
Confirm Email
Reference #2 Full Name
Paul Edlund
Relationship to Reference
Past Supervisor at MSU Office of Sustainability
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Nick Fitzmaurice 1159
Submit Date: Nov 14, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
Friend, Amaia Sangroniz
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Matthew Kortan
Bozeman MT 59715
Human ResourceDevelopment Council Program Eligibility Specialist
Energy Share of Montanagrants for local applicantsseeking assistance on theirheat bill.
Matthew Kortan 1160
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
My qualifications for the Sustainability Board start with my personal belief that all life should
be approached with dignity. I began to experience the cruciality of compassion, connection,
and long-term thinking while teaching middle school science over the past couple of years.
My curriculum aimed to help students see that the natural world and human communities
are deeply intertwined, and that we thrive most when we cultivate one another’s well-being.
The Bozeman community has taught me about and made me extremely passionate for
coexistence between ourselves and the environment. Specifically, solutions that are non-
lethal, non-extractive, and grounded in reciprocity with the ecosystems that sustain us.
Through my volunteer work with the Montana Raptor Conservation Center, I help educate
the public about the value and individuality of birds of prey. I have seen people become
inspired when they realize that wild animals are beings just like us; beings with their own
needs, struggles, roles, and duties in our shared space, the need to invest in sustainable
solutions becomes apparent. This perspective informs my current work at HRDC, where I
help households access energy assistance through programs like LIHEAP. Although the
challenges look different, both people and wildlife are struggling to survive and dream of a
situation where they might even thrive. Compassion, accessibility, and community are the
only avenues toward environmental sustainability and continuing to meet human needs.
Bozeman is in a pivotal position. We are a rapidly developing city situated on the cusp of one
of the most ecologically important and intact prairie ecosystems in the world. To protect that
landscape, I want to support just and resilient growth in our city to ensure that as we build
our future, we honor the dignity of all life. I want to serve on the Sustainability Board to help
a place that I love make thoughtful, inclusive, and environmentally grounded decisions. I am
committed to bringing a perspective shaped by education, community service, and a belief
in coexistence to the Sustainability Board.
Matthew Kortan 1161
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan aims to cultivate a community that respects and celebrates
the inclusion of new backgrounds, perspectives, and identities in our city while
simultaneously honoring those that have held precedence in this place traditionally. I think it
is important that the plan characterizes belonging as not merely the emotional experience of
an individual, but as something designed by the public via intentional policy-making,
equitable access to services, inclusive community engagement initiatives, and a shared
culture of dignity. The plan hones in on these goals by outlining structural steps the city can
take to reduce barriers, expand opportunity, and uplift identities that are currently
underrepresented or underserved. To me, the plan is fundamentally about recognizing that
people thrive when they feel seen and supported, something I learned the hard way through
my work as a Middle School Educator. It has become clear to me that a sustainable city also
needs to be an inclusive one in order to foster collaboration, innovation, and caring. My work
at HRDC has made this feeling tangible. Every day, I interact with community members who
are navigating housing insecurity, energy burdens, and other challenges that can make a
person feel (literally) disconnected or overlooked. Many of the plan’s recommendations
reflect what I’ve seen firsthand: that accessible communication, compassionate systems,
and active outreach are essential for building trust and belonging. In implementing the plan,
policies should be designed with the understanding that people come from an array of
circumstances, speak different languages, and have varying levels of financial and social
stability. This means clear communication, low-barrier engagement processes, and multiple
pathways to participate are imperative. Also, we need to ensure that environmental
sustainability and belonging are treated as connected. A healthy environment is foundational
to community well-being, and sustainable practices must be implemented in ways that
benefit residents equitably. This includes acknowledging that growth, development, and
conservation decisions have the power to reinforce belonging or undermine it. Last, the
foundation for the plan is already strong among the community groups already doing great
work in this city. My experience has exposed me to the efforts of Montana Raptor
Conservation Center, Gallatin Watershed Council, Bozeman Democratic Socialists of
America, the HRDC, Museum of the Rockies, various Indigenous community organizations,
and other nonprofits that lead values-based initiatives rooted in dignity and education.
Supporting and collaborating with them amplifies the city’s reach and impact.
References
Reference #1 Full Name
Isabel Friedman
Relationship to Reference
Friend, fellow community organizer
Phone Number
Email
Matthew Kortan 1162
Confirm Email
Reference #2 Full Name
Carol O'Neil
Relationship to Reference
Supervisor at Montana Raptor Conservation Center
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Matthew Kortan 1163
Submit Date: Nov 03, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Sustainability Board: Eligible
How did you hear about this Board/Commission or vacancy?
Side projects and wanting to become more involved in the city
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Lauren Mitro
Bozeman MT 59715
Williams Construction Designer Architecture, DesignConstruction
Lauren Mitro 1164
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
From the start of my professional pursuits, I have been passionate about community
building. I’ve surrounded myself with like minded individuals in pursuit of making our
collective surrounding the best version it can be. My professional experiences have been
based solely in architecture, art and design. I’ve been designing high end homes in Montana
for the last 5 years and before that, pursued a Master’s of Fine Arts in Ohio, where I am
originally from. Now that I am working remote, I am looking for ways to stay involved in the
built environment around Bozeman. I am a devoted community member and would love the
opportunity to serve on a board that is relevant to development and architecture. My
personal experiences are rooted in my insatiable desire to make things. Thankfully, I am
passionate about upcycling things and creating a sustainable practice that reuses until
something is unusable anymore. I paint, I sew clothes and sell them, and I shoot
photography for live music productions. These interests keep me present in the community
and allow me to express my creativity while sharing it with others.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
My understanding of the Belonging in Bozeman Plan is that we are committed to a non-
discriminatory process for employment, pay and altogether an inclusive community. This
includes discrimination towards women, BIPOC, and any inequalities faced by humans. My
thoughts are that this is a must in establishing and developing a city that feels like home to
its inhabitants. A plan like this is crucial to the well being and prosperity of a city and I am
proud that Bozeman has adopted this.
References
Reference #1 Full Name
Jamie Dauggard
Relationship to Reference
Firm Owner & Boss in MT
Phone Number
Email
Confirm Email
Lauren Mitro 1165
Reference #2 Full Name
John Humphries
Relationship to Reference
Creative Mentor / College Studio Professor
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Lauren Mitro 1166
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Brit Fontenot, Economic Development Director
SUBJECT:Appointments to the Economic Vitality Board
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint up to four members to the Economic
Vitality Board to a term ending December 31, 2027.
AND
I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the
Vice-chair of the Economic Vitality Board.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Economic Vitality Board has four positions available due to a
combination of vacancy and expiration of terms. The new terms expire
December 31, 2027.
The City Clerks Office posted the vacant position online and ran a legal ad in
the Bozeman Daily Chronicle. Applications were open and accepted until
November 30, 2025. Five applications were received.
An interview panel was held in conformance with Resolution 5323.
The roles of Chair and Vice-chair will also need to be appointed.
**Applications for the Economic Vitality Board were received through both
the old and new systems.**
UNRESOLVED ISSUES:None
ALTERNATIVES:As per Commission
FISCAL EFFECTS:None
Attachments:
1167
Economic Vitality Board for Agenda.pdf
Report compiled on: December 2, 2024
1168
Submit Date: Oct 13, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Economic Vitality Board: Eligible
How did you hear about this Board/Commission or vacancy?
Internet
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Andrew J Hill
BOZEMAN MT 59715
Andrew Hill Professor of Economics Government/MilitaryOccupations
Andrew J Hill 1169
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I moved to Bozeman in 2017 and quickly came to care deeply about the city and its future. I
want to contribute in a small way to its development. The economic vitality of the city is an
essential ingredient to its success. We need thriving businesses and content employees. My
sense is that both employers and workers are challenged by affordability: high leases and
high rents. Although the city has limited policy levers, as a professor of economics, I
understand some of the overarching trade-offs and constraints communities face. My hope is
to apply these skills to some of the specific challenges and opportunities Bozeman faces.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I was born in apartheid South Africa. I am acutely aware of the advantages I received as a
white South African, and fully appreciate the importance of taking steps to address historical
imbalances in wealth and opportunity.
References
Reference #1 Full Name
Isaac Swensen
Relationship to Reference
Colleague
Phone Number
Email
Confirm Email
Reference #2 Full Name
Jason Cook
Relationship to Reference
Friend
Andrew J Hill 1170
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Andrew J Hill 1171
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
*Full Name
Austin Shea
*Residential Address
1005 E. Griffin Dr.
N/A Bozeman 59715
*Primary Phone
(406) 558-9205
* Current Occupation
CEO, Montana’s Best Cleaning, CEO Gallatin Valley Commercial Cleaners
* Employer
Montana’s Best Cleaning
* Email
austinshea71@gmail.com
Which position are you applying for?
Economic Vitality Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
6-10 years
*Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
After graduating law school, I moved to Bozeman in the hopes of establishing a career. What career exactly was to be determined. After working in landscaping, then as a
loan officer, then in housekeeping, and finally as a business owner, I believe that Bozeman’s economic success depends largely on a dependable, year round labor source.
Bozeman’s number one priority needs to be supporting a middle class, so that development is sustainable and the employed are local Bozemanites.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I strongly defend the rights of all races, religions, and beliefs. I hire my employees based on merit, not the color of their skin. That being said, my best employees happen
to be women of color and members of the LGBTQ community. Not to generalize, but they work harder, have more attention to detail, and are easier to get along with. If
that’s inclusion, I don’t know, I only respect results, and have no patience for discrimination of any kind. Regardless of beliefs, we all work together.
Page | 1 1172
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Max Yzaguirre
* Phone
(406) 579-9553
* Email
info@montanaanglingco.com
* Reference #2 Full Name
David Lange
* Phone
(614) 203-2809
* Email
laingd2020@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Looking to run for a position on this board
Is there any other information that you feel we need to know?
33 years old, non-home owner, small business owner, fly fishing enthusiast, and love all dogs (and all animals in general (maybe no spiders but I won’t squish them).
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 1173
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
*Full Name
Daisy Romo
*Residential Address
4601 W Garfield St Apt 304
4106 W Garfield St #304
Bozeman MT 59718
*Primary Phone
(406) 922-5564
* Current Occupation
Chief Executive Officer
* Employer
Sky Federal Credit Union
* Email
daisyr@skyfcu.org
Which position are you applying for?
Economic Vitality Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
Less than 1 year
*Have you ever served on a City or County Board or Commission?
Yes
Where, how long, and what Board?
3 -4 years. City of Arvada, and City of Longmont in Colorado assisting in the Housing and Community Development Advisory Boards
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I bring 20 years of leadership experience in the financial services industry, a strong focus on community development, strategic planning, and inclusive economic growth. As
the current CEO of Sky Federal Credit Union, I lead initiatives that promote financial wellness, support small businesses, and expand access to housing and credit for
underserved populations. My work is deeply rooted in empowering individuals and communities through sustainable financial solutions.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
Prior to this role, I served as Executive Vice President at On Tap Credit Union in Colorado, where I oversaw cultural stewardship, marketing, business development, and
member experience. I successfully led partnerships with organizations such as Freddie Mac, the Colorado Housing Finance Authority, and HUD, driving programs that
addressed housing affordability and economic inclusion.
Page | 1 1174
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Michael Kendrick
* Phone
(720) 409-2725
* Email
vanessa@vkrealestateco.com
* Reference #2 Full Name
Megan Ferguson
* Phone
(970) 420-5942
* Email
megan@impactdf.org
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
Bozeman Chamber
Is there any other information that you feel we need to know?
I am excited about the opportunity to contribute to Bozeman’s vision for a thriving economy that reflects the values and needs of its residents. I believe my experience in
financial leadership, strategic development, and community engagement makes me a strong candidate for this board. I am Hispanic, and have a strong commitment to
diversity, equity, and inclusion, and I actively work to ensure that these principles are embedded in the policies and programs I lead.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 1175
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
*Full Name
Kelsey Larson
*Residential Address
2925 S 21st Ave
Apt 306
Bozeman MT 59718
*Primary Phone
(406) 570-3596
* Current Occupation
Assistant Professor, Department of Agricultural Economics & Economics
* Employer
Montana State University
* Email
kelsey.larson55@gmail.com
Which position are you applying for?
Economic Vitality Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
11 years or more
*Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I received my PhD in Economics at MIT for my thesis exploring how government policies can best be designed to meet environmental and land use goals. Broadly, my
training as a public and environmental economist prepares me to balance economic, social, and environmental goals; to spot possible unintended consequences of policies;
and to find ways to mitigate them. I want to help Bozeman keep our environmental, artistic, and community values while making the changes needed to grow well.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
I grew up as a child in the Bozeman School system, where I prized the diversity of my classmates and friends. My friends included the children of professors and doctors as
well as those of waiters and construction workers. My longtime Bozeman friends still carry that diversity of experience, and I want to build policy that supports the full range
of them. I also bring the experiences of being a queer woman in Bozeman.
Page | 1 1176
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Nick Hagerty
* Phone
(503) 764-7407
* Email
nicholas.hagerty@montana.edu
* Reference #2 Full Name
Amy Wallner-Drake
* Phone
(406) 570-8900
* Email
amy.wallner-drake@bsd7.org
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
A friend mentioned it
Is there any other information that you feel we need to know?
To clarify on time in Bozeman: I lived in Bozeman from 1996-2012, left for college and graduate school, and returned in 2023.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 1177
WELCOME
Thank you for your interest in joining a City Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the
decision-making process and encourage all interested members of our community to apply. As set forth in Resolution 5323, the City is committed to building Boards that
advance the City’s goals of increasing diversity, equity, and inclusion. Because of this goal, the City is actively working to achieve membership that reflects, at the least, the
demographics of our community. Women, minorities, individuals with disabilities, veterans, and other underrepresented groups are encouraged to apply.
CONTACT INFORMATION
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please
notify the City Clerks' Office if your email address changes for any reason.
Please note that your application will become public information. All required fields are marked with a red asterisk *.
STANDARDS OF CONDUCT
Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency
(Bozeman Municipal Code, Section 2.03.490.C.). Additional standards of conduct and norms are included in Resolution 5323 and Ordinance 2157.
Applicant Information
*Full Name
Natsuki Nakamura
*Residential Address
1706 W Beall St
Apt B
Bozeman MT 59715
*Primary Phone
(217) 898-6686
* Current Occupation
Baker
* Employer
MSU
* Email
nenakamura4@gmail.com
Which position are you applying for?
Economic Vitality Board
Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.)
Yes
How long have you lived in the Bozeman Area?
1-5 years
*Have you ever served on a City or County Board or Commission?
No
Where, how long, and what Board?
**SKIPPED**
* Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board.
I work at MSU and am a member of the Teamsters union. I believe strongly that unions are key for raising the floor for workers by winning better wages and benefits
needed to afford to live in Bozeman. I've followed the recent conversations about the UDC, AHO, and other policies around housing, and advocated for ideas such as a
public housing production fund and an affordable housing overlay zone. I would like to see high-quality community housing built to last.
* The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of
DEI.
It is important to acknowledge biases we have. I try to expose myself and listen to different perspectives that challenge my beliefs. DEI to me is about diversity of
backgrounds, promoting policies that promote equity, and everyone feeling safe in Bozeman. I appreciate that the city has made a lot of efforts to increase accessibility for
participation in city meetings and public spaces.
Page | 1 1178
References
Please provide name, phone, and email contact information for two references.
* Reference #1 Full Name
Colette Campbell
* Phone
(406) 599-0751
* Email
only1tigress@gmail.com
* Reference #2 Full Name
Noah ten Broek
* Phone
(406) 600-3841
* Email
njtenbroek@gmail.com
* The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online
and in person ethics training?
Yes
How did you hear about this board or vacancy?
announcement during EVB
Is there any other information that you feel we need to know?
Because I'm paid a livable wage, I'm able to participate in my community. I believe more people being able to participate would strengthen the economic vitality of
Bozeman. I have lived in other communities with wonderful public art programs and I hope to see more public art in Bozeman.
If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Max Ziegler, at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each meeting.
Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which
are electronically archived and available to the public.
Page | 2 1179
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
Chris Saunders, Community Development Manager
SUBJECT:Appointments to the Community Development Advisory Board
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint up to two Bozeman Citizen members
to the Community Development Board for terms ending December 31, 2027.
AND
I move to appoint [INSERT NAME] as the Chair and [INSERT NAME] as the
Vice-chair
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Community Development Board has two Commission appointed
positions available due to a combination of vacancy and the expiration of
terms. The new terms will expire on December 31, 2027.
The City Clerks' Office posted the notice of positions online and ran a legal
ad in the Bozeman Daily Chronicle. Applications were open and accepted
until November 30, 2025. Four applications were received.
An interview panel was held in conformance with Resolution 5323.
The roles of Chair and Vice-chair will need to be designated for the upcoming
term.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:None
Attachments:
Community Development Board for Agenda.pdf
1180
Report compiled on: December 2, 2024
1181
Submit Date: Nov 24, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Community Development Board: Submitted
How did you hear about this Board/Commission or vacancy?
Douglas Fischer recommended that I apply
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Trevor J Nameniuk
Bozeman MT 59718
Townsquare Media Account Executive Sales
Trevor J Nameniuk 1182
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I ran for Bozeman City Commission in 2025 based on my first-hand experience
working/volunteering in Bozeman as a marketing professional and a CAP Mentor with Thrive
which together give me a unique and close look into the lives and needs of community
members. My specific qualifications come through degrees in both Political Science and
Public Administration. And my sole interest, as interests relate here, is doing everything that
I can contribute to the betterment of our growing city. The things I learned and the
relationships that I've fostered through my campaign, paired with my directly-relatable
experience and qualifications, all on top of my raw passion for being actively engaged in
benefiting Bozeman's future, make me a plug-and-play fit to serve on the Community
Development Board.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
My understanding of the Belonging in Bozeman Plan is that it was established to address any
potential systematic inequities, especially in regard to housing, health, mobility, economic
opportunity for residents. The plan features 98 made recommendations which, collectively,
effectively influence how new development, city services, and civic processes evolve. It is
rooted in data, referred to as "Equity Indicators," which allows for objective review and I
believe that to be an imperative component to any plan.
References
Reference #1 Full Name
Douglas Fischer
Relationship to Reference
Friend
Phone Number
Email
Confirm Email
Trevor J Nameniuk 1183
Reference #2 Full Name
Jeff Krauss
Relationship to Reference
Friend
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Trevor J Nameniuk 1184
Submit Date: Nov 19, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Community Development Board: Submitted
How did you hear about this Board/Commission or vacancy?
I was invited and encouraged by various members of City Commission and different
community leaders.
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
1-5 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A- but I go to almost every city commission meeting
Gracie A Caldwell
Bozeman MT 59715
Montana State UniversityPlant Sciences Department BIOB160 TA (Introduction toMicrobiology)Full time student
Gracie A Caldwell 1185
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
As an environmental science major, I do not just specialize in analyzing policy and projects
through nonbiased, holistic perspectives. With my experience throughout my major, all of my
education has contributed to me understanding key issues such as soil health, water
allocation, energy use, and natural habitat creation. Additionally, as both an over-involved
MSU student and an over-involved participant, I know I bring a unique perspective to
community development in terms of sustainability. Some key experiences that would make
me a good fit for this board include: 1. My previous employment with the Well-Educated well
water extension program 2. My leadership in organizations such as Citizens Climate Lobby
MSU, Campus Climate Coalition (Climate Week) MSU, and Grow Our World MSU 3. My
internship at Shanghai Disney's Environmental Affairs team 4. My experience in city
government with my Student Advisory Council initiative proposal
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan, at its core, aims to support diversity of sexuality, gender,
race, and ethnicity both within the city of Bozeman government, and within policy/action of
the Bozeman city police. Suggestions: 1. The BPD should be implementing community
outreach that involves teaching citizen's self-defense: especially in pepper spray workshops.
Many students I know carry pepper spray, and frankly, wouldn't know how to use it if (god
forbid) they were in a dangerous situation. This is a great opportunity for the BPD to not just
connect with the community but actively empower them in a relevant field. 2. The City of
Bozeman should make an effort to encourage applications from youth. While many students
are still engaged in educational pursuits- they still have valuable experience, perspectives,
and abilities that is lacking from the City of Bozeman.
References
Reference #1 Full Name
Paul Lachapelle
Relationship to Reference
Advisor to an organization I run
Phone Number
Email
Confirm Email
Gracie A Caldwell 1186
Reference #2 Full Name
Rebecca Eberlin
Relationship to Reference
Advisory to the Student Advisory Council program I am trying to start
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Gracie A Caldwell 1187
Submit Date: Nov 03, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Community Development Board: Eligible
How did you hear about this Board/Commission or vacancy?
Side projects and wanting to become more involved in the city
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Lauren Mitro
Bozeman MT 59715
Williams Construction Designer Architecture, DesignConstruction
Lauren Mitro 1188
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
From the start of my professional pursuits, I have been passionate about community
building. I’ve surrounded myself with like minded individuals in pursuit of making our
collective surrounding the best version it can be. My professional experiences have been
based solely in architecture, art and design. I’ve been designing high end homes in Montana
for the last 5 years and before that, pursued a Master’s of Fine Arts in Ohio, where I am
originally from. Now that I am working remote, I am looking for ways to stay involved in the
built environment around Bozeman. I am a devoted community member and would love the
opportunity to serve on a board that is relevant to development and architecture. My
personal experiences are rooted in my insatiable desire to make things. Thankfully, I am
passionate about upcycling things and creating a sustainable practice that reuses until
something is unusable anymore. I paint, I sew clothes and sell them, and I shoot
photography for live music productions. These interests keep me present in the community
and allow me to express my creativity while sharing it with others.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
My understanding of the Belonging in Bozeman Plan is that we are committed to a non-
discriminatory process for employment, pay and altogether an inclusive community. This
includes discrimination towards women, BIPOC, and any inequalities faced by humans. My
thoughts are that this is a must in establishing and developing a city that feels like home to
its inhabitants. A plan like this is crucial to the well being and prosperity of a city and I am
proud that Bozeman has adopted this.
References
Reference #1 Full Name
Jamie Dauggard
Relationship to Reference
Firm Owner & Boss in MT
Phone Number
Email
Confirm Email
Lauren Mitro 1189
Reference #2 Full Name
John Humphries
Relationship to Reference
Creative Mentor / College Studio Professor
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Lauren Mitro 1190
Submit Date: Oct 16, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Community Development Board: Eligible
How did you hear about this Board/Commission or vacancy?
Website and word-of-mouth
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
NA
Erik Bonnett
Bozeman MT 59715
Studio Co+Hab Architect Architect
Erik Bonnett 1191
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
In addition to my general experience as an architect involved in the building industry for two
decades my career and practice has focused on several areas of innovation within the built
environment that play out at the community development scale. For instance, as the
architect of record for the Bozeman Cohousing project, I worked closely with staff and
members of the public to create the first cohousing community in Montana and as well as I
believe the first Zero Net Energy residential community in Montana. This project is typical of
more than a dozen I have worked to design across the country. This experience means that I
have a good understanding of the way that that planning approaches are applied both to
typical and atypical projects locally and within a broader context. Our practice also robustly
involves the future residents in the neighborhood design process, so I have a strong ability to
engage the public around design and planning, including working to understand stakeholder
input, recognize patterns, as well as valuable outlier ideas. Earlier at Rocky Mountain
Institute I contributed to the creation of the LEED for Neighborhood Development standard,
which is experience that would be useful in helping translate the city's sustainability goals
into action. I would also like to note my activism in the UDC adoption process, including
organizing architects to participate. I specifically would like to highlight the role I played
working to build consensus between the Better Bozeman Coalition and pro-housing
advocates. I was quoted in the Bozeman Chronicle saying “What are the shared values that
people are coming to this conversation with? I think a lot of them actually overlap. There’s
legitimate disagreements, but I think there’s common ground. ...Hopefully we can get to a
place where we all live in the city together and treat each other well.” This attitude will
reflect my service on the board: seeking to listen to all and build consensus around a
positive vision for the future of our city.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
My understanding is that I have reviewed the document, especially focusing on the history
and housing sections. The general approach to inclusion and understanding diversity aligned
with past personal and professional work I have done. A recent thought I have on
implementation is lamenting recent backsliding like the need to rename MSU's Diversity and
Inclusion Student Commons to the Student Commons. However, this is just a new context
into which the urgent work of the Plan needs to fit. Specifically in the housing sections five
goals are more pertinent than ever.
References
Reference #1 Full Name
Prof. Susanne Cowan
Relationship to Reference
Former Colleague, Client, Neighbor
Phone Number
Erik Bonnett 1192
Email
Confirm Email
Reference #2 Full Name
Kathryn Dayton
Relationship to Reference
Client, Neighbor
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Erik Bonnett 1193
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
David Fine, Urban Renewal Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Appointments to the Tax Increment Financing Board
MEETING DATE:December 16, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Consider the Motion: I move to appoint the following:
Commissioner Scott MacFarlane as the Gallatin County representative
Mike Waterman as the Bozeman School District 7 representative
Susan Fraser as the Midtown Urban Renewal District Representative
Natalie Van Dusen as the Northeast Urban Renewal District Representative
Nolan Campbell as a citizen member
Julien Morice as a citizen member
Martin Matsen as a citizen member
AND
I move to appoint [INSERT NAME] as the as the Chair and [INSERT NAME] as
the Vice-chair.
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On October 15th, 2025 the City Commission passed Resolution 2025-53
creating the Tax Increment Finance Advisory Board (TIF).
All seven positions are Mayoral appointments:
One member to be appointed by the Mayor, who may be an employee
or hold public office for Gallatin County;
One member to be appointed by the Mayor, who may be an employee
or hold public office for Bozeman School District 7;
One member to be appointed by the Mayor, who currently resides in,
owns a business, or owns property in the Midtown Urban Renewal
District;
One member to be appointed by the Mayor, who currently resides in,
owns a business, or owns property in the Northeast Urban Renewal
District;
1194
Three citizen members, to be appointed by the Mayor, who possess
qualifications in real estate, finance, engineering, architecture, or
professional
planning
The initial membership must consist, at a minimum, of one member
appointed for 1 year, two for 2 years, two for 3 years, and two for 4 years.
Each subsequent appointment must be for 4 years
The City Clerks Office posted the vacant positions online and ran a legal ad in
the Bozeman Daily Chronicle. Applications were open and accepted until
November 30, 2025. Nine applications were received.
An interview panel was held in conformance with Resolution 5323.
The roles of Chair and Vice-chair will need to be designated for the inaugural
term.
UNRESOLVED ISSUES:None
ALTERNATIVES:As per the Commission
FISCAL EFFECTS:None
Attachments:
Tax Increment Finance Advisory Board for Agenda.pdf
Report compiled on: December 2, 2024
1195
Submit Date: Nov 04, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Eligible
How did you hear about this Board/Commission or vacancy?
David Fine
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
• City of Bozeman Planning Board - 2013-2019 • City of Bozeman Zoning Commission -
2013-2019 • Gallatin County Planning Board - 2007-2009 • Gallatin County Subdivision
Review Committee - 2007-2009 • Gallatin County Growth Policy Committee - 2007-2009 •
Four Corners Planning/Zoning Implementation Committee - 2007-200
Julien D Morice
Bozeman MT 59715
Ironwood Inc.Principal
Real EstateDeveloper/GeneralContractor
Julien D Morice 1196
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
Bozeman resident for 33 years. Builder/Developer/Real Estate Agent.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The plan elevates eight (8) issues areas identified by the community as Priority Needs in the
2021 Equity Indicators Report through vision statements for what an inclusive Bozeman
would be like for all. Outlined beneath each vision statement, are the goals and
recommendations to make each vision a reality.
References
Reference #1 Full Name
David Fine
Relationship to Reference
Professional
Phone Number
Email
Confirm Email
Reference #2 Full Name
Greg Sullivan
Relationship to Reference
Friend
Phone
Julien D Morice 1197
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Julien D Morice 1198
Submit Date: Oct 31, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Downtown Area Urban Renewal District Board: Submitted
How did you hear about this Board/Commission or vacancy?
City Staff
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
6-10 years
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Marty Matsen
Bozeman MT 59718
Fall Creek Planning, LLC Owner Land use consultant
Marty Matsen 1199
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I have over twenty years of experience in city planning and management, including
extensive work with tax increment financing (TIF), development review, and urban
redevelopment projects. My background gives me a deep understanding of how TIF districts
can effectively balance public investment with private development to achieve community
goals. As the owner of a local planning firm, I’ve worked closely with developers, property
owners, and public agencies throughout the Gallatin Valley. This experience has honed my
ability to evaluate project feasibility, financial impacts, and long-term community benefits.
Personally, I care deeply about Bozeman’s future and value transparent, fiscally responsible
growth. I bring both technical expertise and a collaborative approach, and I’m committed to
helping ensure that our TIF districts are managed in a way that strengthens the local
economy and enhances quality of life for residents.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I understand the Belonging in Bozeman Plan as the City’s roadmap for creating a community
where everyone feels welcome, valued, and able to thrive. Adopted in 2023, it draws on the
Equity Indicators Project to identify disparities and guide measurable progress across
housing, transportation, economic opportunity, and civic participation. From my perspective,
the plan isn’t just about inclusion—it’s about aligning city policies, investments, and
partnerships to ensure all residents share in Bozeman’s success. Here’s how I’d approach
implementation through my role: • Integrate belonging into redevelopment decisions. Ensure
TIF investments support equitable access to housing, transportation, and jobs. • Use data
and accountability. Apply measurable goals and progress tracking, not just aspirational
language. • Leverage collaboration. Bring together city staff, developers, and community
groups to turn ideas into action. • Balance vision with practicality. Use my 20+ years in city
planning to translate the plan’s ideals into feasible, impactful steps. • Champion
transparency. Keep the community informed and engaged so that “belonging” remains a
shared, visible goal. Overall, I see the Belonging in Bozeman Plan as a vital framework—and
one that aligns closely with my professional experience and personal values around
inclusive, responsible growth.
References
Reference #1 Full Name
Brit Fontenot
Relationship to Reference
Friend
Phone Number
Marty Matsen 1200
Email
Confirm Email
Reference #2 Full Name
Terry Cunningham
Relationship to Reference
Friend
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Marty Matsen 1201
Submit Date: Oct 20, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Eligible
How did you hear about this Board/Commission or vacancy?
Brit Fontenot
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
N/A
Mike Waterman
Bozeman MT 59715
Bozeman Public Schools Executive Director ofBusiness & Operations Public School Finance andOperations
Mike Waterman 1202
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I work for the Bozeman School District and am administratively responsible for school
finance and I make recommendations to our Board of Trustees regarding financial decisions
and taxation.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I acknowledge receipt of the plan and reviewed it. I'm comfortable working within its
confines.
References
Reference #1 Full Name
Casey Bertram, Superintendent
Relationship to Reference
Supervisor
Phone Number
Email
Confirm Email
Reference #2 Full Name
Brit Fontenot
Relationship to Reference
Co-Board Member, Yellowstone Fiber
Phone
Mike Waterman 1203
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Mike Waterman 1204
Submit Date: Oct 18, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Not Eligible
How did you hear about this Board/Commission or vacancy?
I’ve been following TIF usage in Bozeman.
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
INC (Bogert Park) for last few years
Mark B Campanelli
Bozeman MT 59715
Intelligent MeasurementSystems LLC Owner Software Engineering &Building Science/HVAC
Mark B Campanelli 1205
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I have a PhD in mathematics, so I am good at analyzing complex systems and following the
data (and the money). I am an experienced software engineer but also in my second/last
year of the HVAC-R program at Gallatin College, and I have a great interest in building
science and the economic and environmental sustainability of our built community. I want to
see Bozeman incentivize non-pathological building with TIF funds.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I am publicly on the record criticizing and questioning Bozeman’s use of TIF for for-profit,
often luxury, and definitely non-affordable housing. This not only incentivizes housing our
community does not need and to the benefit of the wealthiest among us, but it also diverts
tax increments away from basic services we need as a result of the growth. I hope the City is
willing to strengthen this board by welcoming my diverse opinion on TIF.
References
Reference #1 Full Name
Alison Sweeney
Relationship to Reference
Friend and INC colleague
Phone Number
Email
Confirm Email
Reference #2 Full Name
Emily Talago
Relationship to Reference
Friend and former INC colleague
Mark B Campanelli 1206
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Mark B Campanelli 1207
Submit Date: Oct 09, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Eligible
How did you hear about this Board/Commission or vacancy?
David Fine
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
Served on both the Midtown and NE Urban Renewal Districts for many years as both
Chairman, and Vice Chairman
Nolan S Campbell
BOZEMAN MT 59715
bozehome Principal Broker Real Estate Broker
Nolan S Campbell 1208
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
Vast experience in the Real Estate industry for well over a decade, with a strong emphasis
on Design, Development, and Finance. Prior to that, my experiences were primarily focused
on construction management and design. I have also previously served on multiple URD
boards over the past decade, and have worked closely in the creation of the Pole Yard
District. Additionally, I served as the Executive Chairman of the Professional Standars
(Ethics) Committee for the Gallatin Association of Realtors for many years, and also have
previously completed the ethics training required to serve on multiple board positions for the
City of Bozeman.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
I fully agree with this resolution. This resolution is very similar to the Fair Housing Act, and
other ethical obligations that are a foundation of my industry.
References
Reference #1 Full Name
Chris Nauman
Relationship to Reference
Colleague, Friend
Phone Number
Email
Confirm Email
Reference #2 Full Name
Brit Fontenot
Relationship to Reference
Prior Board Experience
Nolan S Campbell 1209
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Nolan S Campbell 1210
Submit Date: Oct 03, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Eligible
How did you hear about this Board/Commission or vacancy?
David Fine
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
0
Colin W Ruh-kirk
Bozeman MT 59718
LBP INC.Owner Brewer, Bar Manager,Sales Manager
Colin W Ruh-kirk 1211
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
As a local business owner and active member of the Bozeman community, I have a strong
appreciation for how thoughtful development and strategic reinvestment can shape both the
economic and cultural health of our city. I own and operate a brewery that has grown
through hard work, community engagement, and local support, giving me firsthand
experience with the opportunities and challenges small businesses face in Bozeman's
evolving economic landscape. I bring a diversity range of professional experiences that
provide me with an understanding of multiple perspectives within the Bozeman Community.
As a graduate of Montana State University with a degree in Business Management, I
maintain a strong connection to the student experience here in Bozeman. In addition to
operating my own small business, I am involved in several family businesses. I support the
operations of Life Style Solutions Real Estate, where I served as project manager for the Ruh
building on the corner of 7th and Durston--overseeing construction and managing financial
aspects. I also led the subdivision of a property in Belgrade and currently manage the
farming activities of the family farm in Belgrade. These experiences give me insight into the
needs of students, small business owners, small real estate developers and farmers. In each
role I have managed P&Ls, led marketing and sales efforts and overseen day to day
operations. I am deeply invested in the future of Bozeman with a strong emphasis on
supporting local businesses and sustainable growth. Beyond my professional background, i
bring a diversity of thought shaped by my personal experiences. I am a proud Mason in
Bozeman and giving back to the community is something I take pride in. I actively
participate in all that Bozeman has to offer from festivals and concerts to farmers markets
and community events and regularly sponsor local charities such as United Way through our
businesses. As an avid outdoorsman I believe strongly in preserving nature for future
generations. I am committed to helping ensure that what makes Bozeman special is both
preserved and thoughtfully improved for years to come.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman plan is the City's Comprehensive roadmap for advancing equity,
inclusion, and belonging across all areas of community life. Adopted in December of 2023, it
identifies measurable goals and actionable strategies to ensure that every resident feels
welcomed, represented, and supported in Bozeman's growth and development. the plan
builds on data-driven equity indicators and emphasizes collaboration among city
departments, local organizations, and community members to create long term, sustainable
progress. From my perspective, implementing the Belonging in Bozeman Plan within the
context of the Tax Increment Finance Advisory Board means ensuring that economic
development and reinvestment projects truly benefit the entire community. that includes
supporting redevelopment efforts that are accessible, inclusive, and reflective of Bozeman's
diverse population. Equity-focused implementation could include considering how TIF
projects impact small business opportunities, housing affordability, transportation access,
and community connectivity. As a board member, I would advocate for thoughtful,
transparent use of TIF resources that strengthen economic vitality while aligning with the
City's broader goals of inclusion and belonging. I believe economic development and equity
are not separate priorities- they work best when they reinforce one another.
References
Reference #1 Full Name
Mike Meier
Colin W Ruh-kirk 1212
Relationship to Reference
Friend
Phone Number
Email
Confirm Email
Reference #2 Full Name
Dan Hornacek
Relationship to Reference
Friend
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
Colin W Ruh-kirk 1213
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Colin W Ruh-kirk 1214
Submit Date: Sep 30, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Eligible
How did you hear about this Board/Commission or vacancy?
David Fine
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
Northeast URD 2021-2024
Natalie Van Dusen Vdc Caffeinator
BOZEMAN MT 59715
Treeline Coffee Roasters Founder/Chief Caffeinator Entrepreneur
Natalie Van Dusen Vdc Caffeinator 1215
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I moved to Bozeman in 2011, drawn by the outdoor access and the strong sense of
community that make this such a special place to live. My husband and I chose Bozeman to
start our family and raise our son, and I’ve developed a deep love for this community that
continues to grow. In 2013, I founded Treeline Coffee Roasters in the Northeast
neighborhood, and through that work I’ve had the opportunity to be an active part of
Bozeman’s growth and culture—supporting local businesses, engaging with residents, and
creating spaces for community connection. I currently serve on the Downtown Bozeman
Partnership Business Advisory Board and previously served as Vice President of the Bridger
Bowl Foundation Board from 2019–2025. These roles have given me valuable experience in
community development and strategic decision-making. I care deeply about ensuring
Bozeman grows in a way that balances opportunity, livability, and long-term sustainability.
With my professional background as a small business owner and my personal commitment
to community involvement, I am eager to contribute my perspective to the Tax Increment
Finance Advisory Board.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
The Belonging in Bozeman Plan is the city’s roadmap for ensuring all residents, employees,
and visitors can thrive regardless of race, identity, or circumstance. It outlines eight key
areas—housing, transportation, health, education, childcare, economic security, community
resiliency, and civic health—where equity and inclusion need to be prioritized. This plan is a
commitment to realizing the purpose of the Belonging in Bozeman Equity and Inclusion Plan
and offering annual progress updates to the public.
References
Reference #1 Full Name
David Fine
Relationship to Reference
Worked with him when I was on the NEURD
Phone Number
Email
Confirm Email
Natalie Van Dusen Vdc Caffeinator 1216
Reference #2 Full Name
Ellie Staley
Relationship to Reference
Work with her on the DBA board
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Natalie Van Dusen Vdc Caffeinator 1217
Submit Date: Sep 29, 2025
Email Address
First Name Middle
Initial
Last Name
Home Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
Boards & Commissions
Application Form
Profile
Which Boards would you like to apply for?
Tax Increment Finance Advisory Board: Eligible
How did you hear about this Board/Commission or vacancy?
commission
Interests & Experiences
Please tell us about yourself and why you want to serve.
Do you live within Bozeman city limits? (Some positions do require you live
within Bozeman city limits, while others do not.)
Yes No
How long have you lived in the Bozeman area? *
11 or more
Have you ever served on a City or County Board or Commission?
Yes No
If yes, where, for how long, and on what Board/Commission?
Midtown URB, May 2008-shuttered
Susan L Fraser
Bozeman MT 59715
retired from MSU on8/29/2025 was Assoc Admin Mgr
now working towardsbecoming a school busdriver
Susan L Fraser 1218
Please describe your professional and personal experiences, interests, and
qualifications that make you a good fit for this board.
I've had the good fortune to live in the n7 urban renewal district since 1998. I participated in
the charettes, etc, after the corridor was designated as blighted in May 2006. I then served
on the ensuing urban renewal board from its inception until it was shuttered. I am an active
community member, keep up with the city commission agendas and all the news as I care
about my city, county and fellow community members.
On December 19, 2023, the City Commission adopted the Belonging in
Bozeman Plan via <a
href="https://weblink.bozeman.net/WebLink/DocView.aspx?
id=291616&dbid=0&repo=BOZEMAN" target="_blank"
rel="noopener">Resolution 5556</a>. Please describe your understanding of
the Belonging in Bozeman Plan and any thoughts related to implementing
the plan.
Discrimination occurs in every facet of our lives. I am glad that anyone serving on a
committee, board, etc, is held to a higher standard and has to be acutely aware of hidden
inequities within any system of governance. I will endeavor to be hyper-vigilant in this aspect
should I be selected to serve in this capacity.
References
Reference #1 Full Name
Rachael Maccagnano
Relationship to Reference
friend and work colleague for 20 years
Phone Number
Email
Confirm Email
Reference #2 Full Name
Duane Morris
Relationship to Reference
work colleague and friend
Susan L Fraser 1219
Phone
Email
Confirm Email
The Bozeman City Charter, voted in by the citizens of Bozeman in 2008,
requires annual ethics training. If appointed, do you understand you will be
required to take online and in person ethics training?
Yes No
If you have a disability that requires assistance or need accommodations, please
contact our ADA Coordinator at 406.582.2439.
Please note that for most City Boards, materials are distributed electronically for each
meeting.
Your application and all information submitted is considered a public record. All
applications are included in the City Commission’s Meeting materials for consideration
which are electronically archived and available to the public.
Susan L Fraser 1220
Professional Services Agreement for Public Relations Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred
to as “Contractor.” The City and Contractor may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 9th day of December 2024, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
DocuSign Envelope ID: CE28152C-75F7-4C32-A27B-AA77FE1D1EBE
The Nest Collective, LLC
3November14th
3191221
Professional Services Agreement for Public Relations Page 2 of 11
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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3201222
Professional Services Agreement for Public Relations Page 3 of 11
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
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3211223
Professional Services Agreement for Public Relations Page 4 of 11
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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Professional Services Agreement for Public Relations Page 5 of 11
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
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3231225
Professional Services Agreement for Public Relations Page 6 of 11
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Takami Clark, Communications & Engagement Manager, or such other
individual as City shall designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such communication or
submission shall be directed to the City’s Representative and approvals or authorizations shall
be issued only by such Representative; provided, however, that in exigent circumstances when
City’s Representative is not available, Contractor may direct its communication or submission
to other designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
DocuSign Envelope ID: CE28152C-75F7-4C32-A27B-AA77FE1D1EBE
Kendra Callantine
3241226
Professional Services Agreement for Public Relations Page 7 of 11
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against
people with disabilities in all services, programs, and activities offered or made available by the City.
This includes ensuring that the City’s communications with people with disabilities are as effective
as its communications with others.
If Contractor’s Scope of Services includes the production of digital content, documents, or web
applications for the City, Contractor must use both the City style guide when creating a design, and,
as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere
to level A and AA Success Criteria and Conformance Requirements as defined by the current Web
Content Accessibility Guidelines (WCAG).
The City will not accept digital content that does not comply with WCAG A and AA guidelines. If
the City refuses digital content because it is non-compliant with the City style guide, Section 508 of
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3251227
Professional Services Agreement for Public Relations Page 8 of 11
the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content
compliant and redelivered at no additional cost to the City.
15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
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17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
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competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
26. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
29. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
30. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
31. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
32. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than __________________________.
DocuSign Envelope ID: CE28152C-75F7-4C32-A27B-AA77FE1D1EBE
five years.
3281230
Professional Services Agreement for Public Relations Page 11 of 11
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: CE28152C-75F7-4C32-A27B-AA77FE1D1EBE
Principal
The Nest Collective, LLC
Kendra Callantine
3291231