HomeMy WebLinkAbout2018 Chapter_38___UNIFIED_DEVELOPMENT_CODEPART II - CODE OF ORDINANCES
Chapter 38 UNIFIED DEVELOPMENT CODE
Bozeman, Montana, Code of Ordinances Created: 2025-04-29 08:09:54 [EST]
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Chapter 38 UNIFIED DEVELOPMENT CODE1
ARTICLE 1. GENERAL PROVISIONS
DIVISION 38.100 IN GENERAL
Sec. 38.100.010. Citation.
This chapter is known and may be cited as the Unified Development Code of the City of Bozeman, except
when cited herein, where it is referred to as "this chapter."
Sec. 38.100.020. Authority.
This chapter is adopted by authority of MCA 76-2-301 et seq., MCA 76-3-101 et seq., and MCA 7-3-701 et
seq. Additional city authority is granted by various other sections of state law and the authority granted by those
sections is incorporated as if set forth herein.
Sec. 38.100.030. Jurisdictional area and application.
These regulations govern the division, development and use of land within the city limits and lands proposed
for annexation to the city. These regulations apply to all private and public lands, all uses thereon, and all
structures and buildings over which the city has jurisdiction under the constitution and laws of the state or
pursuant to the city's powers.
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.
B. It is the purpose of these regulations to promote the public health, safety and general welfare, including the
purposes for subdivision and zoning in MCA 76-1-102, 76-1-606, 76-2-304, 76-3-102, and 76-3-501 as may be
amended from time to time. Further, it is the purpose of these regulations to exercise to the fullest extent
the authority of the city's Charter, utility, and all other powers.
C. This chapter has been evaluated for compliance with the growth policy as part of the process to adopt this
chapter, and has been found to comply with the growth policy.
(Ord. No. 2089, § 2, 12-7-2021)
1Editor's note(s)—Ord. No. 1978, § 2(Exh. A), adopted Jan. 4, 2018, repealed the former Ch. 38 and enacted a new
Ch. 38 as set out herein. The former Ch. 38 pertained to similar subject matter. See the Code Comparative
Table for a complete derivation of the former Ch. 38.
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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 such minimums are exceeded. Wherever the requirements of this chapter
are at variance with the requirements of any other lawfully adopted rules or regulations, or wherever there
is an internal conflict within this chapter, the most restrictive requirements, or those imposing the higher
standards, will 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.
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. These regulations apply uniformly within each zoning district to each class or kind of structure, land or
development as set forth in this chapter.
E. Graphics are provided to enable understanding of the adopted text. In the event of a conflict between the
text and graphic, the text must control.
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 to be considered a grant to the donee.
Sec. 38.100.070. Conditions of approval.
A. Regulation of the subdivision and development of land, and the attachment of reasonable conditions to land
subdivided or developed, or a use undertaken, is an exercise of valid police power delegated by the state to
the city. Persons undertaking the subdivision, development or use of land have the duty of complying with reasonable conditions for design, dedication, improvement and restrictive use of the land so as to conform
to the physical and economic development of the city, and to the safety and general welfare of the future lot
owners and of the community at large. Such conditions may require compliance with more than the
minimum standards established by this chapter.
B. Conditions of approval may not be added after final action 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 original approval action; and
2. The project is not completed within the time period provided in the approval or by this chapter; 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.
However, should the owner seek material modifications (e.g., changes to the intent, nature, or scope of a
subdivision or development, or necessary improvements) to a previously approved subdivision, development
or condition of approval, the entire application must be considered to be 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. Final action includes the resolution of any appeals. The provisions of
section 38.240.150 may also apply to revisions of conditions for preliminary plats.
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C. 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 B of this section or other limitations on conditions of approval.
(Ord. No. 2089, § 3, 12-7-2021)
Sec. 38.100.080. Compliance with regulations required.
A. No land may hereafter be subdivided, used or occupied, and no building, structure or part thereof may
hereafter be erected, constructed, reconstructed, moved or structurally altered, and no development may
commence unless it is in conformity with all of the regulations herein 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.
(Ord. No. 2089, § 4, 12-7-2021)
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.
This chapter is not intended to affect any existing private agreement or condition such as a deed restriction
or covenant. If any provision of this chapter is more restrictive or imposes a higher standard than any such private
restriction, the requirements of this chapter control. Where the provisions of any private restriction are more
restrictive or impose higher standards than the provisions of this chapter, the city has no duty to enforce such
private restrictions or advise of their existence. The city may enforce a private restriction if the city is a party to
such covenant or restriction, if such restriction was required by the city, or if it was relied upon by the city during the land development process in order to meet the requirements of this chapter or another required standard. The
city may prohibit private restrictions that violate applicable law. Covenants are subject to the requirements of
section 38.220.320.
Sec. 38.100.110. Severability.
Where any word, phrase, clause, sentence, paragraph, or section or other part of these regulations is held
invalid by a court of competent jurisdiction by express inclusion in the decision to be invalid, such judgment 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. Insofar as these regulations are more restrictive than any other applicable law, these
regulations control, and if any other law is more restrictive, the more restrictive standard takes precedence over a
standard set forth in these regulations.
DIVISION 38.110. ADOPTED PLANS, STANDARDS AND RESOLUTIONS
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Sec. 38.110.010. Plans, standards and resolutions adopted by reference.
The following plans and documents (as amended), are hereby adopted by reference as a part of or in support
of this chapter:
A. Design manual.
B. Guidelines for historic preservation and neighborhood conservation overlay district.
C. Engineering design standards.
D. Water administrative manual.
E. Parks administrative manual.
F. Parks and recreation master plan.
G. Bozeman long range transportation plan.
H. MT public works standards.
I. Federal wetland delineation manual.
J. Application fee resolution.
K. Cash-in-lieu of water rights resolution.
L. Other similar plans, manuals, guidelines, and standards formally adopted by the city.
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 director of community
development.
ARTICLE 2. PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
DIVISION 38.200. JURISDICTION AND SCOPE OF AUTHORITY
Sec. 38.200.010. Review authority.
A. The city commission has the authority to review and require revisions to all development proposals subject
to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this
review is to prevent demonstrable adverse impacts of the development upon public safety, health or general
welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage
facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to
protect the character of the city; to protect the right of use of property; advance the purposes and standards
of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are
upheld.
1. The city commission retains to itself under all circumstances the review of the following:
a. Subdivisions which do not qualify as a subdivision exemption per article 2 of this chapter;
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b. Amendments to the text of this chapter or amendment to the zoning map including planned
development zones per 38.430.090;
c. Requests for cash-in-lieu of parkland dedications, except:
(1) In the B-3 zone district; or
(2) When by resolution the city commission delegates decisions on cash-in-lieu for
development for which it would not otherwise be the review authority.
d. Extensions of subdivision preliminary plat approvals for periods greater than two years;
e. Appeals from administrative interpretations and final project review decisions;
f. Approval of preliminary park master plans when associated with a development for which the
city commission is the review authority;
g. Large scale retail per section 38.360.160;
h. More than two deviations or where deviation is for more than 20 percent of standard.
2. The city commission conducts a public hearing for applications under 76-2-402, MCA.
B. The community development director must, upon recommendation from the applicable advisory bodies
approve, approve with conditions or deny all applications subject to this chapter except those listed below.
1. Projects excluded from community development director review:
a. Those applications specifically reserved to another approval authority as stated in this section;
b. Development of city property which does not conform to all standards of this chapter;
c. Any application involving variances from this chapter;
2. Exception. The city commission may, by an affirmative, simple majority vote of its members at a
regularly scheduled meeting reclaim to itself the final approval of a development application normally
subject to the approval of the community development director. The vote must occur prior to the
action of the community development director.
C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment must, upon
recommendation from the applicable advisory bodies approve, approve with conditions or deny those
applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the
appeal provisions of division 38.250 of this chapter.
1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly
scheduled meeting reclaim to itself the final approval of a development normally subject to the
approval of the board of adjustment. The vote must occur prior to the action of the board of
adjustment.
D. 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 and modifications therefrom for paving of streets and parking areas;
3. The waiver of required information per subparagraph 38.220.080.A.2.i(3);
4. Requirement for a traffic impact analysis and determination of its contents per subparagraph
38.220.120.A.2.c(5);
5. Site access and storm water for reuse and further development per section 38.230.160.B;
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6. Modifications in required completion time for subdivision improvements per subparagraph
38.270.030.B.1;
7. The use of a financial guarantee for paving of streets per paragraph 38.270.060.C;
8. Plans and specifications for public infrastructure and infrastructure to be granted to the public per
section 38.400.060, Street improvement standards paragraphs A and B.1-3;
9. Alternate curb return radii per subparagraph 38.400.090.C.3;
10. Departures for street vision triangles per section 38.400.100;
11. Exceptions to storm water controls per section 38.410.080;
12. Exceptions or modifications to installation of bikeways and boulevard trails per section 38.400.110.E;
13. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per paragraphs
38.540.020.D, F and J;
14. Protection of landscape areas per paragraph 38.550.050.G;
15. All actions required of the flood plain administrator per article 6 of this chapter;
E. 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 section 38.270.070.C;
2. Location of storm water facilities within neighborhood centers per section 38.410.020;
3. Waiver of the requirement to extend water, sewer, and streets to the perimeter of property being
developed per section 38.410.070;
4. The maximum length of dead end water mains per section 38.410.070;
5. The maximum length of service lines per section 38.410.070;
6. Provision of water rights as authorized in section 38.410.130; and
7. Landscape and irrigation plans per section 38.550.060.
F. 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 section 38.270.070.C.
2. All modifications or proposed standards in section 38.400.010;
3. Departure for street cross section in section 38.400.020.
4. Subject to section 38.400.060, exceptions to the level of service standards established in section
38.400.060.B.4;
5. Street improvement standards and modifications therefrom per section 38.400.060;
6. Acceptable alternative sidewalk design or materials per section 38.400.080;
7. Locations and modifications to drive accesses to public streets per paragraphs 38.400.090.G and H;
8. Alternate parking angles for surface and structured parking stall configurations listed in Table
38.540.020. All other numeric standards apply; and
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9. Designation of street classifications for collectors and arterials not shown in the long range
transportation plan;
G. 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 section 38.420.110.D.
2. Approve final park plans.
3. Approve preliminary park plans when a development is subject to approval by the director of
community development.
4. Approval of calculations of cash-in-lieu of parkland amounts for development of property when:
a. The initial dedication of land per section 38.420.020 has been provided;
b. Money to be paid is to address mitigation of recreation impacts above the minimum land
dedication; and
c. A park master plan has been approved for the park servicing the land to be developed.
H. 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. Division 38.380 Affordable Housing.
I. As detailed in division 38.200 of 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.
K. Decisions of the community development director and other review authorities are subject to the appeal
provisions of division 38.250 of this chapter.
(Ord. No. 2045, § 1, 9-17-2020; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2089, § 5, 12-7-2021; Ord. No. 2104, § 3, 9-
27-2022; Ord. No. 2105, § 2, 9-27-2022; Ord. No. 2124, § 2, 10-18-2022; Ord. No. 2155, § 2, 5-14-2024)
Sec. 38.200.020. Administration and enforcement; community development director
authority.
A. The community development director must administer and enforce this chapter unless a specific standard is
clearly assigned in section 38.200.010 to another authority. The community development director may be
provided with the assistance of such other persons as the community development director may supervise
and those assistants will have the responsibilities as directed by the community development director.
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B. The community development director may in the administration of this chapter consult with other persons
having expertise in relevant subject areas as in the community development director'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. 38.200.030. 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. 38.200.040. Stop-work order by community development director, building official, city
engineer authority.
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. 38.200.050. Permission to enter.
The city commission, or its designated agents, 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. 38.200.060. Inaccurate or incomplete information and waivers.
A. The city must review each submitted application for completeness and sufficiency as described in sections
38.240.130 and 38.230.070.
B. The final approval body may withdraw approval or conditional approval of a preliminary plat or other
development approval if they determine that information provided by the applicant, and upon which
approval or conditional approval of the preliminary plat or other development was based, is inaccurate or
incomplete.
1. Within 30 calendar days following approval or conditional approval of a preliminary plat or other
development application, any person or agency that claims that information provided by the applicant
is inaccurate or incomplete may submit the information and proof to the community development
department.
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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. 38.200.070. 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. 38.200.080. Date of submittal and associated review standards.
A. Subdivision. Review and approval or disapproval of a subdivision under these regulations may occur only
under those regulations in effect at the time a subdivision application for approval of a preliminary plat is
deemed adequate according to section 38.240.130 or for an extension under division 38.240 of this chapter
is submitted to the city.
B. Nonsubdivision. Review of nonsubdivision applications will be under such regulations as are in effect at the
time an application for approval of a preliminary site plan is deemed adequate according to section
38.230.090; except that an interim zoning ordinance adopted according to MCA 76-2-306 applies to a
nonsubdivision application without limitation to the date of adequacy of the application until final action has
been taken on the application. An applicant may waive, in writing, the shield from changing ordinances established by this section. In the event that such waiver is provided, the nonsubdivision application will be
reviewed under the ordinances in effect on the date of the final action on the application.
Sec. 38.200.090. Community development director and building official; plan application
checking; notice of noncompliance.
A. It is the intent 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. 38.200.100. Building permit requirements.
A. No building or other structure may be erected, moved, added to or structurally altered and no land use may
be changed without valid permits as prescribed in this division.
1. Only minor site surface preparation and normal maintenance is allowed prior to conditional approval
by the appropriate review authority and the issuance of a building permit, provided such activity does
not include excavation for foundations or the removal of mature, healthy vegetation. Minor site
surface preparation means disturbing less than one-half acre, movement of 30 cubic yards or less of
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material, or a cut or fill of less than cumulative one foot whichever is less. Any excavation and site
disturbance must be in conformance with an approved stormwater control plan. No excavation of
foundations or setting of forms can commence until final site or sketch plan approval has been granted
and until building permits have been issued. Proceeding prior to building permit issuance is at the
hazard of the landowner.
a. Exception: The issuance of building permits may be allowed prior to completion of infrastructure
improvements, pursuant to division 38.270.
2. Building permit. Within the limits of the city, building permits must be obtained as provided by section
10.02.020.
3. Based upon an approved sketch, site plan, certificate of appropriateness, 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 divisions
38.230.
(Ord. No. 2104, § 4, 9-27-2022; Ord. No. 2124, § 3, 10-18-2022)
Sec. 38.200.110. 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. 38.200.120. Permits issued contrary to title deemed void.
Any authorization, including without limitation subdivision approval, site plan approval or building permit,
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, and any work undertaken or use
established pursuant to any such building permit or other authorization is unlawful.
Sec. 38.200.130. 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 section 10.02.020.
Sec. 38.200.140. Fee schedule.
A. The city commission must establish a schedule of fees, charges and expenses and a collection procedure for
reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the
procedures listed below will be set from time to time by the city commission by resolution. The fees must be
available in the office of the community development director and may be altered or amended only by the
city commission.
B. No subdivision, or zoning permit allowed by this chapter 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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(Ord. No. 2124, § 4, 10-18-2022)
Sec. 38.200.150. 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. 38.200.160. 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 the provisions of this chapter or failure to comply with any of its requirements including
violations of conditions of approval imposed by the review authority is a misdemeanor. Any person
who violates this chapter or fails to comply with any of its requirements may upon conviction thereof
be fined or imprisoned or both, either as set forth in state law regarding subdivision and zoning, or in
accordance with section 1.01.210, and in addition must pay all costs and expenses involved in the case
except as stated in subsection D of this section.
1. Each day such violation continues is a separate offense and punishable as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of land in
violation of any provision of these regulations or the Montana Subdivision and Platting Act is a
separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions of MCA 46-
6-310 to any violator of this chapter.
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.
D. If transfers not in accordance with these regulations or the Montana Subdivision and Platting 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. The cost of the action must be imposed against the
party not prevailing.
E. When a violation has not been corrected by the property owner after written notice from the city, the
enforcement officer or community development director may seek approval from the city commission
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
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b. Schedule a public meeting to be held before the city commission requesting an order from
the city commission finding the violation valid and in need of correction, and authorizing
the recording of the notice of violation or noncompliance. Notice of such a hearing must be
provided as required by division 38.220 of this chapter.
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. Violation of this chapter is a municipal infraction and may be punishable by a civil penalty as provided
in section 24.02.040, in addition to other remedies of this section except that the court may impose the
following minimum civil penalties.
1. Each day such violation continues is considered a separate offense and punishable as such. The
minimum civil penalty for violation of this chapter by the same person for the same violation
within a 12-month period is:
a. First citation: $100.00.
b. Second citation: $150.00.
c. Third and subsequent citations: $200.00.
d. The determining factor with respect to the civil penalty is the receipt of service of the
citation and not the judgment.
H. Nothing herein contained prevents the city from taking such other lawful action as is necessary to
prevent or remedy any violation.
I. Upon resolution of an identified instance of noncompliance with the standards of this chapter the city
may record a document with the Gallatin County Clerk and Recorder to give notice of the resolution of
the noncompliance.
(Ord. No. 2124, § 5, 10-18-2022)
DIVISION 38.210. DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW
BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR), WETLANDS
REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA) JURISDICTION AND SCOPE
OF AUTHORITY
Sec. 38.210.010. Purpose of DRC, DRB, ADR, WRB, and BOA.
A. Purpose. The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and, if established, wetlands review board (WRB), is to coordinate, expedite and ensure
fair and equitable implementation of this chapter. The objective, to be implemented through their
procedures and deliberations, is to encourage development quality that will enhance both the natural and
built environments, with consideration to present and future property values, and to carry out the purposes
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of this chapter. All bodies authorized or referenced under this division 38.210 may call upon any city staff or
other persons with technical expertise, and may testify before any board, commission or other body upon
the subjects for which they have responsibility.
1. DRC. The DRC evaluates all proposals subject to the provisions of this chapter. The DRC is the body
charged with reviewing items relating to public health and safety. The DRC acts as an advisory body to
the review authority established by section 38.200.010.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR may review development applications subject to design review for zoning amendments,
or applications for moving, demolition or any other kind of permit.
4. WRB. The WRB, if established, has the duties and responsibilities established by section 2.05.2900.
5. BOA. The BOA, if established, has the duties and responsibilities established by section 2.05.2810.
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
prepared by the community development department
1. The DRC must at a minimum be composed of the following personnel: city engineer, fire marshal, the
streets superintendent, the sanitation superintendent, the water/sewer superintendent, the
community development director and the building official, 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.
C. Design review board procedures established. The DRB will be convened as necessary and must follow
procedures as set forth in section 2.05.3020.
D. Waiver of design review. In the event that the DRB is unable to convene a quorum or does not have the
necessary personnel to conduct the reviews required by this chapter, the requirement for review by DRB is
waived. Nothing in this section constitutes a waiver of the required review criteria established in divisions
38.340, 38.430, and 38.600 of this chapter.
E. Wetlands review board procedures. The WRB will be convened as necessary and must follow procedures as
set forth in section 2.05.2920 when a WRB has been established.
F. Board of adjustment procedures established. The BOA will be convened as necessary and must follow
procedures as set forth in section 2.05.2830 when a BOA has been established.
(Ord. No. 2124, § 6, 10-18-2022)
DIVISION 38.220. APPLICATIONS AND NOTICING
Part 1. Submittal Materials and Requirements
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Sec. 38.220.010. Submittal materials and requirements.
All applications must be submitted on official forms 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 director of community
development.
Sec. 38.220.020. 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 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 discharge general permit. Administered by the water quality bureau, state department of
environmental quality.
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.
9. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the water
rights bureau, state department of natural resources and conservation.
Sec. 38.220.030. 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:
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
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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 and if an adjacent PUD is in
place or proposed.
2. Topographic features. Topographic features of the proposed subdivision and adjacent subdivisions and
tracts, including:
Embankments, watercourses, drainage channels, areas of seasonal water ponding, areas within the
designated floodway, marsh areas, wetlands, rock outcrops, wooded areas, noxious weeds and areas
of active faults. Include copies of any permits listed in section 38.220.020 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, size and depth 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.
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-household units,
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 section 38.220.060 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:
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a. Park concept plan, including:
(1) Site plan for the entire property; and
(2) The zoning and ownership for adjacent properties; and
(3) The location of any critical lands (wetlands, riparian areas, streams, etc.); and
(4) General description of land, including size, terrain, details of location and history, water
features, and proposed activities; and
(5) Description of trails or other recreational features proposed to connect the proposed park
area to other park or open space areas.
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 division 38.380 for creation of affordable housing
with the subdivision.
12. Wildlife. 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.
13. Waivers of right to protest. Include copies of or the recorded document numbers of all existing waivers
of right to protest special improvement districts or maintenance districts which are applicable to the
property proposed to be subdivided.
14. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130. 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,
canal or water users association shares etc.
15. Agricultural water user facilities. Identify the location of all agricultural water user facilities and the
contact information for the facility user/representative per 38.360.280.
(Ord. No. 2089, § 6, 12-7-2021; Ord. No. 2155, § 3, 5-14-2024)
Sec. 38.220.040. 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
section 38.220.030.
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2. Subdivision information. Name and location of the subdivision, scale, scale bar, north arrow, date of
preparation, lots and blocks (designated by number), the dimensions and area of each lot, and the use
of each lot, if other than for single-household.
3. Subdivision map. Map of entire subdivision as specified on the application form provided by the
community development department.
4. Streets, roads and grades. All streets, roads, alleys, avenues, highways and easements; the width of the
right-of-way, grades and curvature of each; existing and proposed road and street names; and
proposed location of intersections for any subdivision requiring access to arterial or collector streets.
5. Adjoining subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
6. Adjoining owners. Names and addresses of record owners of lots and tracts immediately adjoining the
proposed subdivision.
7. Perimeter survey. A survey of the exterior boundaries of the platted tract with bearings, distances, and
curve data indicated outside of the boundary lines. When the plat is bounded by an irregular shoreline
or a body of water, the bearings and distances of a closing meander traverse must be given.
8. Section corner. The approximate location of all section corners or legal subdivision corners of sections
pertinent to the subdivision boundary.
9. Phased improvements. If the required improvements are to be completed in phases after the final plat
is filed, the approximate area of each phase must be shown on the plat. 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. Contours. Ground contours must be provided for the tract according to the following requirements:
Table 38.220.040
Where the average slope is: Contour intervals must be:
Under 10 percent 2 feet (if all lots are over one acre in size, five feet
intervals may be used)
Between 10 and 15 percent 5 feet
Greater than 15 percent 10 feet
11. Waivers. List of waivers granted from the requirements of section 38.220.060 during the pre-
application process must be submitted with the preliminary plat application.
12. Request for exemption from department of environmental quality review. If the developer is proposing
to request an exemption from the department of environmental quality for infrastructure plan and
specification review, the preliminary plat application must include a written request from the
developer's professional engineer, licensed in the state, that indicates the intent to request the
exemption, and details the extent of water, sewer and stormwater infrastructure that will be
completed prior to final plat approval. A detailed preliminary stormwater drainage plan must also be
submitted with the written request.
13. Sanitation information. When the subdivision does not qualify for the certification established in
section 38.240.170 the subdivider must provide the information regarding sanitation set forth in MCA
76-3-622.
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 subdivision variance and the
facts of hardship upon which the request is based (refer to division 38.250 of this chapter).
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 section 38.220.420.
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 division 38.420 or section 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.
a. 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
sections 38.550.050.D. and 38.550.070 of this Code.
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.
(Ord. No. 2048, § 1, 9-17-2020; Ord. No. 2089, § 7, 12-7-2021; Ord. No. 2155, § 4, 5-14-2024)
Editor's note(s)—See the editor's note to § 38.220.050.
Sec. 38.220.050. Reserved.
Ord. No. 2089, § 7, Dec. 7, 2021, renumbered § 38.220.050, preliminary plat supplements required for all
subdivisions, as subsection 38.220.040.B. The historical notations have been retained with the amended
provisions for reference purposes.
Sec. 38.220.060. 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 section 38.240.110. The developer must include
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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. Provide a revised
floodplain analysis report, in compliance with article 6 of this chapter, as appropriate.
d. Wetlands. If the subdivision contains wetlands, as defined in section 38.700.210 of this chapter,
then a delineation of the wetland meeting standards of division 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 section 38.41.020 that have been obtained for the
project.
2. Floodplains. A floodplain analysis report must be submitted with the preliminary plat in compliance
with division 38.600 of this chapter.
3. Groundwater.
a. Depth. Establish the seasonal minimum and maximum depth to the water table, dates on which
these depths were determined, and the location and depth of all known aquifers which may be
affected by the proposed subdivision. The high water table must be determined from tests taken
during the period of major concern as specified in writing by the county environmental health
department. Specific locations for test holes may also be determined by the county
environmental health department.
b. Steps to avoid degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
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.
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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
A.4.a of this section.
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 percent 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 division 38.610; and
(4) The developer must provide any special design methods planned to overcome the above
limitations.
e. Cuts and fills. Describe the location and amount of any cut or fill three or more feet in depth.
These cuts and fills should be indicated on a plat overlay or sketch map. Where cuts or fills are
necessary, describe any plans to prevent erosion and to promote revegetation such as
replacement of topsoil and grading.
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.
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b. Critical areas. Identify on a plat overlay of the proposed subdivision any known critical, significant
or "key" wildlife areas, such as big game winter range, waterfowl nesting areas, habitat for rare
or endangered species or wetlands.
c. Public access. Describe the effects on public access to public lands, trails, hunting or fishing areas.
d. Protective measures. Describe any proposed measures to protect or enhance wildlife habitat or
to minimize degradation (e.g., keeping building and streets back from shorelines, setting aside
wetlands as undeveloped open space).
e. Discussion of impact; documentation. The developer must discuss the impact of the proposed
development on fish and wildlife with the state department of fish, wildlife and Parks (FWP).
With the preliminary plat application, the developer must provide written documentation from
FWP that:
(1) Verifies that FWP has reviewed the proposed plat;
(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.
a. What measures will be taken, if any, to control family pets.
b. 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 and users of facilities per sections 38.360.280 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. All realignments 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.
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's
adopted design standards and chapter 40.
a. Water rights. Describe how the proposed subdivision intends to satisfy section 38.410.130.
Provide documentation of all water rights appurtenant to the proposed subdivision; e.g. previous
estimates or actual payment-in-lieu of water rights, certified well logs, decrees or adjudications,
etc.
b. The information needed to demonstrate proposed compliance with division 38.270. Special care
is needed when concurrent construction is proposed.
10. Stormwater management. A stormwater management plan meeting the requirements of section
40.04.700 and the city's adopted stormwater master plan.
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11. Streets, roads and alleys.
a. Description. Describe any proposed new public or private streets, roads or alley, or substantial
improvements of existing public or private streets, roads or alleys. The developer must
demonstrate that the land to be subdivided has access onto a legal street and the future streets
will be consistent with the city's adopted design standards, article 34.4, the long range
transportation plan, and other relevant standards
b. Bicycle and pedestrian pathways, lanes and routes. Describe bicycle and pedestrian pathways,
lanes or routes to be developed with the development.
c. Access to arterial. 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 section 38.400.090.
d. Modification of existing streets, roads or alleys. Explain any proposed closure or modification of
existing streets, roads or alleys.
e. Dust. Describe provisions considered for dust control on 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. Traffic generation. Discuss how much daily traffic will be generated on existing local and
neighborhood streets, roads and alleys, when the subdivision is fully developed, and provide the
following information:
(1) The report format must be as follows:
(a) Trip generation, using the Institute of Transportation Engineers Trip Generation
Manual;
(b) Trip distribution;
(c) Traffic assignment;
(d) Capacity analysis;
(e) Evaluation; and
(f) Recommended access plan, including access points, modifications, and any
mitigation techniques if level of service does not meet level of service standard.
(2) The report must include the following information:
(a) Land use and trip generation in the form of a table of each type of land use, the
number of units or square footage, as appropriate, the trip rates used (daily
and peak) and resulting trip generation.
(b) Traffic graphics, which show:
(i) A.M. peak hour site traffic;
(ii) P.M. peak hour site traffic;
(iii) A.M. peak hour total traffic;
(iv) P.M. peak hour total traffic; and
(v) Total daily traffic (with site-generated traffic shown separately).
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(c) A.M. and P.M. capacity analysis with an A.M. and P.M. peak-hour capacity
analysis provided for:
(i) All major drive accesses that intersect collector or arterial streets or
roads; and
(ii) All arterial-arterial, collector-collector and arterial-collector intersections
within one-half mile of the site, or as required by the city engineer during
the pre-application review, concept plan review, or informal project
review.
(d) For two-way stop controlled intersections, analysis of whether the intersection
would satisfy signalization warrants if the two-way stop control was removed.
h. Capacity. Indicate the levels of service (before and after development) of existing and proposed
streets and roads, including appropriate intersections, to safely handle any increased traffic.
Describe any anticipated increased maintenance that will be necessary due to increased traffic
and who will pay the cost of maintenance.
i. Traffic calming. Detailed drawings of any proposed traffic calming installations, including
locations and turning radius templates.
j. The information needed to demonstrate proposed compliance with division 38.270. 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. Indicate which affected utilities the subdivision plat has been submitted to for
review, and include a copy of responses.
b. The developer must provide a written statement from the utility companies that the proposed
subdivision can be provided with service.
c. 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, single-household;
(2) Residential area, multiple-household. Types of multiple-household structures and numbers
of each (e.g., two or four unit structures);
(3) Condominium (number of units);
(4) Recreational vehicle park;
(5) Commercial or industrial; and
(6) 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
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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 section 38.220.100 unless the parks department has adopted an alternate
plan standard, showing the location and specific types and species of plants, shrubs, trees
as well as grass seed mixes;
(7) General description of land, including size, terrain, details of location and history, water
features, and proposed activities;
(8) Trail design and construction showing compliance with adopted city standards and trail
classifications;
(9) Appropriate sections from the design guidelines for city parks;
(10) Cost estimate, installation phasing and responsibility, and maintenance plan tasks and
responsibility for custom features or atypical designs;
(11) If playground equipment will be provided with initial installation by the subdivider,
information including the manufacturer, installation data and specifications, installer, type
of fall zone surfacing and age group intended for use; otherwise a general identification of
proposed function;
(12) Soils information and analysis;
(13) A description of how the proposed park plan is consistent with the goals of the city's
current long range plan for parks;
(14) A description of how the proposed park will meet the recreational needs of the residents of
the development;
(15) The proposed manner of providing irrigation to the park including water source, amount of
water expected to be consumed annually, and proposed manner of transfer of water
facilities and rights to the city; and
(16) 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.
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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.
16. Lighting plan. The following lighting information must be submitted for all development where lighting
is proposed other than within the street right-of-way:
a. Proposed fixture locations, types, source of power, and demonstration of compliance with city
lighting standards.
b. When requested by the city, the applicant must also submit a visual-impact plan that
demonstrates appropriate steps have been taken to mitigate on-site and off-site glare and to
retain the city's character.
c. Post-approval alterations to lighting plans or intended substitutions for approved lighting must
only be made after city review and approval.
17. Miscellaneous.
a. Public lands. Describe how the subdivision will affect access to any public lands. Where public
lands are adjacent to or within 200 feet of the proposed development, describe present and
anticipated 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 division 38.380. The description
must be of adequate detail to clearly identify those lots complying with division 38.380 requirements
and to make the obligations placed on the affected lots readily understandable.
a. On all lots intended to comply with division 38.380, the building envelope must be depicted.
19. A description of how the proposed subdivision advances the adopted growth policy.
(Ord. No. 2089, § 8, 12-7-2021; Ord. No. 2155, § 5, 5-14-2024)
Sec. 38.220.070. 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
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be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in
the submittal.
2. A letter from the city engineer certifying 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.
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 section 38.220.060.A.14 and must include evidence of compliance with the
installation requirements of division 38.270. 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 38.550.050.D
and 38.550.070, and must comply with the installation requirements of division 38.270.
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, 38.550.070, and must comply with the
installation requirements of division 38.270.
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 division 38.380, the developer must provide a
description of how the subdivision has complied with division 38.380. The description must be of
adequate detail to clearly identify those lots designated as subject to division 38.380 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 per MCA 76-3-612;
b. Any covenants or deed restrictions relating to the subdivision;
c. The security required pursuant to section 38.270.060, securing the future construction of any
remaining private or public improvements to be installed;
d. Unless otherwise provided in this chapter, copies of final plans, profiles, grades, and
specifications for improvements, including a complete grading and drainage plan, with the
certification of a professional engineer that all required improvements which have been installed
are in conformance with the attached plans. The subdivider must file copies of final plans,
profiles, grades, and specifications for improvements, including a complete grading and drainage
plan, with the certification of a professional engineer that all required improvements which have
been installed are in conformance with the attached plans, with the city engineering division, and
the city parks department. A statement must be included on the conditions of approval sheet
stating where the plans can be obtained;
e. If a street, alley, avenue, road, or highway created by the plat will intersect with a state or federal
right-of-way, a copy of the access or encroachment permit;
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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, groundwater certificate and/or change authorization; and
i. 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.
(Ord. No. 2089, § 9, 12-7-2021; Ord. No. 2155, § 6, 5-14-2024)
Sec. 38.220.080. 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.
1. General information.
a. Complete, signed application including the following:
(1) Name of project/development;
(2) Location of project/development by street address and legal description;
(3) Name and mailing address of developer and owner;
(4) Name and mailing address of engineer/architect, landscape architect, irrigation designer,
and/or planner;
(5) Listing of specific land uses being proposed; and
(6) A statement signed by the owner of the proposed development of their intent to comply
with the requirements of this Code and any conditions considered necessary by the
approval body;
b. Location map, including area within one-half mile of the site;
c. List of names and addresses of property owners' according to division 38.220 of this chapter;
d. 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 or minor collector streets or streets where
construction traffic would disrupt neighborhood residential character or pose a threat to public
health and safety.
2. 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:
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a. Boundary line of property with dimensions;
b. Date of plan preparation and changes;
c. North point indicator;
d. Suggested scale of one inch to 20 feet, but not less than one inch to 100 feet;
e. Parcel and site coverage information:
(1) Parcel size in gross acres and square feet;
(2) Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio,
FAR), with a breakdown by land use; and
(3) Location, percentage of parcel and total site, and square footage for the following:
(a) Existing and proposed buildings and structures;
(b) Driveway and parking;
(c) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(d) Public street right-of-way;
f. Total number, type and density per type of dwelling units, and total net and gross residential
density and density per residential parcel;
g. Location, identification and dimension of the following existing and proposed data, on-site and to
a distance of 100 feet (200 feet for PUDs) outside site plan boundary, exclusive of public rights-
of-way, unless otherwise stated:
(1) Topographic contours at a minimum interval of two feet, or as determined by the
community development director;
(2) 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;
(3) On-site streets and rights-of-way;
(4) Ingress and egress points;
(5) Traffic flow on-site;
(6) Traffic flow off-site;
(7) Utilities and utility rights-of-way or easements:
(a) Electric;
(b) Natural gas;
(c) Telephone, cable TV, optic fiber, and similar utilities;
(d) Water; and
(e) Sewer (sanitary, treated effluent and storm);
(8) Surface water, including:
(a) Holding ponds, streams and irrigation ditches;
(b) Watercourses, water bodies and wetlands;
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(c) Floodplains as designated on the federal insurance rate map 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; and
(d) A floodplain analysis report in compliance with article 6 of this chapter if not
previously provided with subdivision review;
(9) Grading and drainage plan, including provisions for on-site retention/detention and water
quality improvement facilities as required by the engineering department, or in compliance
with any adopted storm drainage ordinance or best management practices manual
adopted by the city;
(a) 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:
(i) The name of the drainageway (where appropriate);
(ii) The downstream conditions (developed, available drainageways, etc.);
and
(iii) Any downstream restrictions;
(10) Significant rock outcroppings, slopes of greater than 15 percent or other significant
topographic features;
(11) Sidewalks, walkways, drive aisles, loading areas and docks, bikeways, 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 design standards and specifications policy, and
the city modifications to state public works standard specifications;
(12) Provision for handicapped 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;
(13) Fences and walls, including typical details;
(14) Exterior signs;
(15) Exterior refuse collection areas, including typical details;
(16) 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 section 38.220.060.A.18, if not previously provided;
(17) Curb, asphalt section and drive approach construction details;
(18) Landscaping and irrigation (detailed plan showing plantings, irrigation layout, and other
relevant information as required in section 38.220.100);
(19) 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;
(20) Snow storage areas;
(21) Location of city limit boundaries, and boundaries of Gallatin County's Bozeman Area Zoning
Jurisdiction, within or near the development;
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(22) Existing zoning within 200 feet of the site;
(23) Historic, cultural and archaeological resources, describe and map any designated historic
structures or districts, and archaeological or cultural sites; and
(24) Major public facilities, including schools, parks, trails, etc.;
h. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle racks,
compact spaces, handicapped spaces and motorcycle parking, on-street parking, number of
employee and nonemployee parking spaces, existing and proposed, and total square footage of
each;
i. The information required by section 38.220.060.A.12, subject to the following exceptions:
(1) Such information was previously provided through a subdivision review process; or
(2) The provision of such information was waived in writing during subdivision review of the
land to be developed; or
(3) The provision of such information is waived in writing by the city engineer prior to
submittal of a preliminary site plan application; or
(4) The application for site plan approval involves the redevelopment of property located
within the city's established neighborhood conservation overlay district. In such cases, the
city may require the property owner to sign a waiver of right to protest creation of a special
improvement district, or other form of agreement, assuring participation, on a fair share,
pro-rata basis, in future improvements to intersections in the vicinity of the development
proposal; or
(5) 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 section 38.220.060.A.12 to evaluate
the additional traffic impacts resulting from development of the larger building or complex
of buildings;
j. Building design information (on-site):
(1) Building heights and elevations of all exterior walls of the building or structure;
(2) 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;
(3) Floor plans depicting location and dimensions of all proposed uses and activities; and
(4) All on-site utilities and mechanical equipment;
k. 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;
l. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or
construction facilities, including temporary signs and parking facilities;
m. Unless already provided through a previous subdivision review, a noxious weed control plan
complying with section 38.220.050; and
n. Drafts of applicable supplementary documents as set forth in division 38.220 of this chapter;
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o. The information necessary to complete the determination of density change and parkland
provision required by section 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 section 38.220.060.A.16, must be provided;
p. Affordable housing. Describe how the site plan will satisfy any requirements of division 38.380
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 division
38.380 compliance requirements and to make the obligations placed on the affected lots and
dwellings readily understandable;
q. Phased site plans:
(1) A phasing plan showing the location of phase boundaries and that each phase will be fully
functional if subsequent phases are not completed;
(2) A utilities plan showing that each phase will be able to be fully functional if subsequent
phases are not completed;
(3) 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;
(4) 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.
r. When section 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 section 38.220.060.A.16.
(Ord. No. 2155, § 7, 5-14-2024)
Sec. 38.220.090. Certificates of appropriateness; additional application requirements, review
procedures and review criteria.
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
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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 section 38.230.070 or 38.230.080;
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 7 of this chapter, 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 section 38.280.040.B has been met or surpassed;
and
m. Such other information as may be required by the community development department.
2. It is further suggested that the applicant seek comments from the neighborhood or area.
Sec. 38.220.100. 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
division 38.230 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;
2. An individual with a degree in landscape design and two years of professional design experience in the
state; or
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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);
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 section 38.410.100, 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.
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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.
(Ord. No. 2029, § 1, 12-18-2019; Ord. No. 2155, § 8, 5-14-2024)
Sec. 38.220.110. 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 and 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.
(Ord. No. 2155, § 9, 5-14-2024)
Sec. 38.220.120. 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;
3. General land uses, including maximum number and unit type of dwelling units and maximum
gross floor area of non-residential land uses for each portion of the property;
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4. General lot and street network and access points to arterial and collector streets and current
transit facilities and routes;
5. General locations of trails, bicycle paths, and pedestrian ways;
6. General location of parks and open space network;
7. General landscaping plan for public areas, property boundaries, and proposed street frontages;
8. General storm drainage retention/detention areas, and stormwater design plan;
9. General locations of major water and sewer line locations and utility easements; and
10. 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. Acknowledgement 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
G. Any additional information needed to confirm that the application meets the eligibility requirements in
section 38.430.050.A through 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.
(Ord. No. 2104, § 5, 9-27-2022)
Ord. No. 2104, § 5, adopted Sep. 27, 2022, amended § 38.220.010, and in so doing changed the title of said section
from planned unit development submittal requirements to read as set out herein.
Sec. 38.220.130. Submittal materials for regulated activities in wetlands.
A. All parties applying for activity permits proposing action affecting federal, state or city regulated wetlands,
watercourses and/or buffers within the city limits must submit the following information:
1. A wetland and watercourse delineation report must be submitted to the city for all projects, if aquatic
resources are present. When required to determine applicability and scope of wetland location and
function the delineation shall go beyond the bound-ary of the property. If no aquatic resources are
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present, a letter must be submitted to the city stating that there are no water resources within the
subject property.
a. This wetland and watercourse delineation report must include, but not be limited to, the
following:
(1) Wetland and watercourse descriptions;
(2) Functional assessment, as determined by a state-accepted functional assessment method,
i.e., Montana Department of Transportation (Berglund and McEldowney 2008 as amended)
or Montana Department of Environmental Quality (Apfelbeck and Farris 2005 as amended);
(3) Wetland types, as determined by a state-accepted functional assessment method (i.e.,
Cowardin et al 1979 as amended);
(4) Wetland acreages (by a licensed surveyor);
(5) Maps with property boundaries, wetland and watercourse boundaries and acreages; and
(6) Wetland data forms (U.S. Army Corps of Engineers data forms).
2. If activities are planned in and/or adjacent to aquatic resources the following information is required:
a. A site plan which shows the property boundary; delineated wetland and watercourse
boundaries; buffer boundaries; and all existing and proposed structures, roads, trails, and
easements. The site plan will include a table of existing wetland functional ratings and acreage,
required buffers and acreage, and linear feet of all watercourses and ditches.
(1) All direct impacts to wetlands, watercourses, and buffers must be highlighted and
summarized in a table on the site plan. The water resource and buffer summary table must
include wetland/watercourse identification number; corresponding buffer width and
acreage; total site, wetland, watercourse, ditch, and buffer acreages; jurisdictional status;
impacts to all water resources and buffers; and, mitigation types and acreages.
(2) All indirect impacts (e.g., shading from boardwalks or public utility well drawdown) must be
summarized in the document.
b. A map with all proposed mitigation areas and their required buffers. The map must include a
table of mitigation wetland type and acreage and required buffers and acreage and a description
of the functional unit gain of the wetland mitigation (as determined by a state-accepted
functional assessment method).
c. The source, type and method of transport and disposal of any fill material to be used, and
certification that the placement of fill material will not violate any applicable state or federal
statutes and regulations as listed in section 38.220.020.
d. Copies of the following:
(1) Any Clean Water Act (CWA) section 404 and 401 permits;
(2) Any MT 301 permits;
(3) Any floodplain determinations for the proposed site known to the applicant;
(4) Any other applications, state or federal, for wetlands permits regarding the proposed site;
(5) Any U.S. Army Corps of Engineers jurisdictional determinations regarding wetlands on the
proposed and adjacent site; and
(6) If relevant, any Montana state joint applications for the proposed project site.
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e. A completed wetland review checklist.
3. If in the preparation or review of the required submittal materials it is determined that there are
unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water Act
permit, then the following information must be submitted to the city for all federal jurisdictional and
city-regulated wetlands (see section 38.700.210 for definition) in a compensatory mitigation report:
a. The descriptive narrative must include, at a minimum:
(1) The name and contact information of the applicant; the name, qualifications, and contact
information for the primary author of the compensatory mitigation report; a description of
the proposal; summary of the direct and indirect impacts and proposed mitigation concept;
identification of all the local, state, and federal wetland/stream-related permit required for
the project; and, a vicinity map for the project.
(2) A description of the existing wetland, watercourse and buffer areas that will be impacted
including area based on professional surveys; dominant vegetation; and functional
assessments and wetland ratings for the entire wetland and the portions proposed to be
impacted.
(3) An assessment of the potential changes in wetland hydroperiod for the proposed project
and how the design has been modified to avoid, minimize or reduce impacts to the wetland
hydroperiod.
(4) A description of the proposed conceptual mitigation actions for wetland, watercourse and
buffer areas. Provide specifications (including buffers) for all proposed mitigation for
wetland/watercourse/buffer impacts. Include a map with all proposed mitigation areas and
their required buffers.
(5) An assessment of existing conditions in the zone of the proposed mitigation including
vegetation community structure and composition, existing hydroperiod, existing soil
conditions, and existing wetland functions.
(6) Field data that was collected to document the existing conditions of the proposed
mitigation sites and on which the future hydrologic and soil conditions of the mitigation
wetlands are based (e.g., hydrologic conditions: piezometer data, staff/crest gage data,
hydrologic modeling, visual observations; soil conditions: data from hand-dug or
mechanical soil pits or boring results). The applicant may not rely on soil survey data for
establishing existing conditions.
(7) A planting 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
destruction. Native species must comprise 80 percent of the plants installed or seeded
within the mitigation site. Any irrigation installed in these areas must comply with
requirements outlined in the most recent version of the City of Bozeman Landscape and
Irrigation Performance and Design Standards Manual.
(8) The mitigation monitoring plan must include a period of not less than three years, and
establish the responsibility for long-term removal of invasive vegetation.
(9) Wetland mitigation performance criteria (measurable standards reflective of expected
development goals established for each year after the mitigation site is established, i.e., "At
the end of three years there will be an 80 percent survival of the planted shrubs and
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trees.") for mitigation wetlands and buffers, a monitoring schedule, reporting requirements
to the city, and maintenance schedule and actions for each year of monitoring.
(10) Contingency plans which clearly define course of action or corrective measures needed if
performance criteria are not met.
b. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:
(1) Existing wetland and buffer surveyed edges; proposed areas of wetland and buffer impacts;
and, location of proposed wetland and buffer compensation action.
(2) Surveyed topography at one- to two-foot contour intervals in the zone of the proposed
compensation actions if any grading activity is proposed in the compensation area. Provide
existing and proposed mitigation design cross section for the wetland and/or buffer
compensation areas.
(3) Required wetland buffers for existing wetlands and proposed mitigation areas;
c. A discussion of ongoing management practices that will protect and maintain the nonimpacted
and mitigation wetland, watercourse and buffer areas in perpetuity.
(Ord. No. 2155, § 10, 5-14-2024)
Sec. 38.220.140. 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 section 38.700.020;
5. Noticing materials required by section 38.220.420;
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.
(Ord. No. 2048, § 2, 9-17-2020)
Sec. 38.220.150. Administrative interpretation 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
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c. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks
as applicable;
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 section 38.220.420;
6. Required filing fee; and
7. 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.
(Ord. No. 2048, § 3, 9-17-2020)
Sec. 38.220.160. 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 commission to make a proper decision on the matter. 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 section 38.220.420;
5. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of
utilities, as applicable;
6. Location of all existing and proposed buildings;
7. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks as
applicable;
8. A clear description of the variance requested and the reasons for the request;
9. Written justification supporting the criteria of section 38.250.070.C.1, 2, 3 and, when applicable, 4;
10. 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
11. Required filing fee.
(Ord. No. 2048, § 4, 9-17-2020)
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Sec. 38.220.170. 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.
1. Submittal materials.
Table 38.220.170
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 collocation 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 X
A statement of whether the proposed facility is exempt or
nonexempt from environmental review under the Rules of the
FCC;
X X X
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;
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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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
A statement of how the collocation requirements of section
38.370.040.B are met.
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 collocation on the facility will be addressed;
c. A statement of willingness to allow collocation 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 section 38.370.040.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 percent 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 section 38.370.040. 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 section 38.370.040.B.
Sec. 38.220.180. Submittal materials for regulated flood hazard areas.
A. Applicable submittal materials required under section 38.600.150, Flood hazard evaluation, and section
38.600.170, Subdivision and plan review and approval, must be provided.
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(Ord. No. 2057, § 2, 3-9-2021)
Part 2. Supplementary Documents
Sec. 38.220.300. 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. 38.220.310. 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 section 38.270.090.
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.
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 permission of the city commission is required before the association can be dissolved or the
boundaries altered.
10. Regular maintenance program for items included in section 38.270.090.A and any other common area
and facilities and that the association is responsible for the maintenance program.
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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 section 38.220.320 and division 38.270 of this chapter. 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 approval by the city
commission.
(Ord. No. 2089, § 10, 12-7-2021)
Sec. 38.220.320. Covenants.
A. The city may require covenants to be recorded with the final plat or 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 section 38.270.090. All
covenants run with the land. If the covenants are not marked or noted on the final subdivision plat or other
final approval document, they must be contained in a separate instrument which must be recorded with the
final plat or prior to final approval of other applications. 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 title 7, chapter 22, part
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 tit. 70, ch. 16, pt. 2, title 81, chapter 4, part 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 mutual consent of the owners in
accordance with the amendment procedures in the covenants, and the city.
5. Common area and facility maintenance plan. The developer must submit a legal instrument setting
forth a plan consistent with section 38.270.090 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 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
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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.
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.
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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.
(Ord. No. 2089, § 10, 12-7-2021; Ord. No. 2155, § 11, 5-14-2024)
Part 3. Noticing
Sec. 38.220.400. Purpose.
It is the intent of sections 38.220.400 through 38.220.430 to provide for adequate notice of governmental
actions to those affected by such actions. Notice is required in order for citizens 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. In establishing standards for providing such notice, the
need for expeditious processing of applications is also recognized.
Sec. 38.220.410. 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 the date of any final public comment
deadline;
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 subject of the notice.
B. Mailed and posted notices required for applications specific to individual sites must also include a map of the
area of the development so as 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.
(Ord. No. 2124, § 7, 10-18-2022)
Sec. 38.220.420. 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 notice is required, only one of the required publication
dates must fall within the minimum and maximum days required. Newspaper publications for public
hearings follow the requirements of MCA 7-1-4127 in addition to the requirements of Table
38.220.420.
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2. Distance in Table 38.220.420 is the distance from the exterior property boundary of the site to all or
part of another parcel of land whose owners must be notified of a governmental action. This distance
includes the width of a right-of-way or other public ownership.
3. Notice must be provided not less than 15 or more than 45 calendar days prior to the close of the public
comment period or public hearing unless otherwise specified in this chapter.
4. Mail by first class or certified mail is to all landowners within 200 feet.
5. For all developments in Table 38.220.040 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
condominiums, wholly or partially within 200 feet of the site. 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. Where certified mail is required separate mailing labels may also be required.
6. The community development director will establish procedures for mailing notice.
7. The applicant is responsible for mailing notice. The city will provide the notice to the applicant for
duplication not less than four days prior to the notice period. The notice must be distributed such that
notices are submitted to the United States Postal Service at least two 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 inadvertently moved
through no fault of the city, this in no way invalidates the legal notice requirements of the scheduled public
hearing 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 in addition to posting, mailing, or publication to provide notice.
D. Notice is not required for final plans and final plats.
Table 38.220.420
Minimum standards for timing, location of noticing area and type of notice.
Application Distance Notice Type
Text amendment NA Newspaper
Zone Map Amendment—rezoning, with annexation, or
as planned development zone
200 Newspaper, post on-site,
mail 1st class
Zone Map Amendment—Resulting from ordinance
changes
None Newspaper
Variance—Floodplain and zoning 200 Newspaper, post on-site,
mail 1st class
Noticing for 76-2-402, MCA claims None Newspaper, post on-site
Deviation 200 Newspaper, post on-site,
mail 1st class
Appeals of Administrative Project Decisions 200 Newspaper, post on-site,
mail 1st class
Appeals of Administrative Interpretations None Newspaper
Sketch plan/reuse/change in use/further development None None
Sketch plans for adding dwellings in the neighborhood
conservation overlay district, demolition of historic
None Post on-site
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structures as defined in article 7 of this chapter, or
modification of wetlands.
Informal/concept plan None None
Preliminary site plan and master site plan 200 Post on-site, mail 1st
class
Special Use Permit 200 Newspaper, post on-site,
mail 1st class
Floodplain permit 200 Newspaper, mail 1st class
Certificate Of Appropriateness None None
Subdivision exemption None None
Subdivision subject to 76-3-616 MCA including
subdivision or other variances
200 Post on-site, mail 1st
class
Subdivision subject to 76-3-623 MCA 200 Newspaper, post on-site,
certified mail to adjacent
owners, mail 1st class all
others
Notice of violation per 38.200.160 None Certified mail to
landowner
(Ord. No. 2014, § 1, 6-3-2019; Ord. No. 2048, § 5, 9-17-2020; Ord. No. 2089, § 11, 12-7-2021; Ord. No. 2104, § 6, 9-
27-2022; Ord. No. 2124, § 8, 10-18-2022)
Sec. 38.220.430. Notice of city approval within neighborhood conservation.
In order to inform adjacent property owners' and residents that an application within an overlay district has
been approved by the city, any site approved for construction or alterations within an overlay district must be
posted with a notice supplied by the community development department. The notice must be posted in a
conspicuous place on the site before any construction begins and may be removed when the project is
substantially complete. The notice must specify the name of the owner of record, the address of the property, a
description of the scope of work approved and the date of city approval.
DIVISION 38.230. PLAN REVIEW
Sec. 38.230.010. Introduction.
A. All non-subdivision development proposals within the city will be subject to plan review and approval except
repair, maintenance, grading below the minimum defined limits of this chapter, and interior remodeling, or
other items specifically exempted in this chapter. Depending on the complexity of development and status of
proposed use in the applicable zoning district, either sketch plans, site plans, master site plans, or special use
permits (referred to herein as a "plan") will be required as specified in this division 38.230. Although work
may be exempt from zoning review it may require review for other permits before construction may begin.
B. Special development proposals (e.g. variances, etc.) require other information to be submitted in
conjunction with plans and are subject to requirements specific to the type of proposal. These additional
submittal requirements and review procedures are outlined in section 38.230.030.
C. When a development is proposed within a neighborhood conservation overlay district or historic district, or
proposes signs which do not specifically conform to the requirements of this chapter, design review is
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required in conjunction with plan review per the authority in section 38.210.010. In such cases, additional
submittal requirements and review procedures apply as outlined in section 38.220.090.
D. 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 38.230 is provided to meet the purposes of section 38.100.040 and all other relevant portions of
this chapter.
G. Applications subject to this division 38.230 are reviewed under the authority established by division 38.200
of this chapter.
(Ord. No. 2124, § 10, 10-18-2022)
Sec. 38.230.020. Classification of plans.
A. All developments, as defined in section 38.700.050 of this chapter, within the city are subject to the plan
review procedures and criteria of this chapter and the applicable submittal requirements of division 38.220
of this chapter. 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 section 38.230.070 and other development proposals
when so specifically identified by the director of community development 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. Use of a
master site plan is not required unless necessary to address phasing of a proposed development (see section
38.230.090.B.3) or if required as part of the residential emphasis mixed-use district. A master site plan
involves one or more of the following:
1. One hundred or more dwelling units in a multiple household structure or structures;
2. Fifty thousand or more square feet of office space, retail commercial space, service commercial space
or industrial space;
3. Multiple buildings located on multiple contiguous lots and/or contiguous city blocks;
4. Multiple owners;
5. Development phasing projected to extend beyond two years; or
6. Parking for more than 200 vehicles.
C. Any planned unit development must be reviewed according to the regulations in division 38.430, in addition
to this division 38.230.
D. Telecommunication facilities must be reviewed according to the regulations in division 38.370, in addition to
this division 38.230.
E. Uses identified in division 38.360 of this chapter must be reviewed according to the standards and
regulations contained in division 38.360 of this chapter, in addition to this division 38.230.
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Sec. 38.230.030. Special development proposals—Additional application requirements,
review procedures and review criteria.
A. Application requirements. Applications for special development proposals (e.g. CUP, flood plain development
permits, variances, etc.) must include:
1. The required information for plans described in section 38.220.080;
2. Any additional application information required for specific reviews as listed in the following divisions
of this chapter:
a. Division 38.360, Standards for Specific Uses;
b. Division 38.370, Telecommunications;
c. Division 38.600, Bozeman Floodplain Regulations; and
d. Division 38.250, Appeals, Deviations 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. Section 38.230.080, Certificate of appropriateness;
2. Section 38.230.120, Special use permit;
3. Division 38.360, Standards for Specific Uses;
4. Division 38.370, Telecommunications;
5. Division 38.600, Floodplain Regulations; and
6. Division 38.250, Appeals, Deviations and Variance Procedures.
(Ord. No. 2057, § 3, 3-9-2021; Ord. No. 2104, § 7, 9-27-2022; Ord. No. 2124, § 11, 10-18-2022)
Sec. 38.230.040. DRB review thresholds.
A. The review authorities are established in section 38.200.010 and as may be specified elsewhere in this
chapter.
B. The development review committee, design review board, and wetlands review board have the advisory
authority established in division 38.200 of this chapter.
C. DRB review thresholds. When a development is subject to design review and meets one or more of the
following thresholds the design review board must conduct the design review:
1. Forty-five or more dwelling units;
2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space
or industrial space;
3. Four stories or more;
4. Twenty thousand or more square feet of exterior storage of materials or goods;
5. Parking for more than 90 vehicles.
(Order No. 2018-01, § 1, 4-18-2018)
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Sec. 38.230.050. Application of plan review procedures.
A. These procedures apply to all developments within the city unless explicitly exempted in this chapter.
B. A plan may be approved by the review authority prior to the issuance of any building permit.
C. No occupancy permits must be issued for any development for which plan review is required until
certification has been provided under section 38.270.030 demonstrating that all terms and conditions of plan
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 an overlay district established by division 38.340
of this chapter a certificate of appropriateness is required in addition to other required review procedures.
G. Public notice of development proposals and approvals subject to this article must be provided as required by
division 38.220.400—38.220.430 of this chapter.
H. Improvements depicted on an approved plan must be installed subject to the requirements of division
38.270 of this chapter.
Sec. 38.230.060. 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 intent and purpose of this section.
B. Exception: Functions held within a 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 his authorized agent. A copy of the fees are available at the community development department. Such
application must be filed with the community development director who will charge and collect a filing fee
for each such application, as provided in division 38.200 of this chapter. The community development
director may also require any information deemed necessary to support the approval of a special temporary
use permit, including site plans per this division 38.230.
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D. Decision. Approval or conditional approval will be given only when in the judgment of the review authority
such approval is within the intent and purposes of this division 38.230.
E. Conditions. In approving such a 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;
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 intent and purpose of this section.
Sec. 38.230.070. 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 section 38.220.110.
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 sections 38.230.080 and 38.220.090).
3. Examples of projects which qualify for sketch plan review are:
a. Individual single-household including manufactured homes on individual lots.
b. Adding one dwelling on an infill site.
c. Two-household, three-household, and four-household residential units, each on individual lots
and independent of other site development.
d. Accessory dwelling units in the RS, R-1, R-2, R-3 R-4, R-O, and R-5 districts when a permitted use
in Table 38.360.040.
e. Group living for eight or fewer persons on a single lot.
f. Fences; signs in compliance with the requirements of this chapter.
g. Regulated activities in areas with regulated wetlands not in conjunction with a land development
proposal.
h. Grading of sites 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; special temporary uses.
i. Reuse, change in use, or further development of sites per section 38.230.150, essential services
Type II primarily underground with no above ground structures larger than 125 square feet; and
accessory structures associated with these uses.
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Other similar projects may be determined by the community development director to require
only sketch plan review. The community development director may determine submittal
requirements in addition to those in section 38.220.110. 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 or referred to the appropriate permitting authorities. In determining
whether compliance is achieved the community development department must consider the individual
circumstances of the site when the development is subject to section 38.230.150.
2. Certificate of appropriateness required. Sketch plans, including the material required by section
38.220.090, and such additional information as may be required for projects which require a certificate
of appropriateness as per section 38.230.080 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, exclusive of any legal nonconforming conditions. Plan changes may be required. Where appropriate,
the city may approve a sketch plan with restrictions which limit the duration of the use.
(Ord. No. 2029, § 7, 12-18-2019; Ord. No. 2155, § 12, 5-14-2024)
Sec. 38.230.080. Certificates of appropriateness—Additional review procedures and review
criteria.
A. Sign proposals which do not specifically conform to the requirements of this chapter. Independent sign
proposals (i.e., not in conjunction with other development) which do not specifically conform to the
requirements of this chapter, are required to submit full site plans. Additional site design information, in
sufficient detail to demonstrate compliance with the design objective plan, encompassing the property's
location must be provided.
B. Review procedures and criteria for certificates of appropriateness.
1. Certificates of appropriateness must be issued according to procedures and criteria specified in
divisions 38.210, 38.340 and 38.430, in addition to this chapter.
2. Sign proposals which specifically conform to the requirements of this chapter must be reviewed
according to procedures and criteria outlined in division 38.560 of this chapter.
C. 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 section
38.340.080.
2. Certificates of appropriateness must be issued according to procedures and criteria specified in
divisions 38.200, 38.340, and 38.430 as applicable, in addition to this article.
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Sec. 38.230.090. Plan review procedures.
A. Step 1: Conceptual review.
1. Conceptual review (Required):
a. Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards
and procedures that apply to his or her development proposal. Major problems can be identified
and solved during conceptual review before a formal application is made. Conceptual review
applications are reviewed by the development review committee and comments are provided in
writing to the applicant following the review. The primary focus of conceptual review is to
identify site specific challenges and/or constraints critical path elements which will affect review
process or submittal requirements.
b. Applicability. Conceptual review is required for development subject to section 38.230.050 and
not subject to section 38.210.070. Conceptual review may be waived by the director of
community development 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
director of community development as provided in the conceptual review checklist.
d. Staff review and recommendation. Upon receipt of a concept plan, and after review of such plan
by the DRC and a subsequent meeting with the applicant, the director of community
development 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.
e. Formal application must address the comments provided with the conceptual review.
B. Informal review (Optional):
1. Purpose. Informal review is an opportunity for an applicant to discuss the requirements, standards,
procedures, and potential modifications of standards or variances that may be necessary for a
development project. While the conceptual review process is a general consideration of the
development proposal, informal review provides an opportunity for the applicant to have the city
consider the development proposal in greater detail prior to formal submittal of an application.
Problems of both a major and minor nature can be identified during the informal review before a
formal application is made.
Informal review applications are reviewed by the DRC and may be reviewed by the DRB, recreation and
parks advisory board, or other applicable advisory boards. The city may invite other public or quasi-
public agencies which may be impacted by the development to comment and/or attend the informal
review meeting. These agencies may include the gas and electric utilities, state agencies, ditch
companies, railroads, cable television service providers and other similar agencies.
2. Applicability. Although an informal review is not required, an applicant may request informal review for
any development proposal. A request for informal review is made by filing an application with
accompanying fee.
3. Informal review submittal. In conjunction with an informal review, the applicant must submit all
documents required in the informal review checklist.
4. Staff review and recommendation. Upon receipt of a complete informal review proposal, and after
review of such proposal by the DRC or other applicable advisory board, the director of community
development must furnish the applicant with written comments and recommendations regarding such
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proposal. In conjunction with the foregoing, the director of community development will provide the
applicant with a list of critical issues, if any, which have been identified in the informal review and
which must be resolved prior to or during the review process of the formal development application.
The list of critical issues will provide applicants the opinion of the director of community development
regarding the development proposal, as that opinion is established based upon the facts presented
during informal review. Formal application must address the comments provided with the informal
review.
C. Step 2: Development application submittal.
1. Development application forms. All development applications must be in a form established by the
director of community development.
2. Fees. All fees established in the adopted fee schedule must be paid prior to the review authority
commencing review of the application.
D. Step 3: Review of applications. Acceptability and adequacy of application.
1. The community development department must review the application for acceptability within five
working 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, the application, and a written
explanation of what the application is missing must be returned to the property owner or their
representative. The five working day review period will be considered met if written explanation is
provided as a signed and dated letter placed in the outgoing mail or as electronic communication (such
as an email) within the five-day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it must be
reviewed for adequacy. A determination of adequacy means the application contains all of the
required elements in sufficient detail and accuracy to enable the review authority to make a
determination that the application either does or does not conform to the requirements of this chapter
and any other applicable regulations under the jurisdiction of the city. The adequacy review period
begins on the next working day after the date that the community development department
determines the application to contain all the required elements and must be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is
dated, signed and placed in the outgoing mail within the 15 working day review period. If the
application is inadequate, a written explanation of why the application is inadequate will be provided
to the property owner.
a. In the event the missing information is not received by the city within 15 working days of
notification to the property owner and applicant of inadequacy, application materials except file
records will be returned to the property owner or their representative, unless a longer period is
agreed between city and applicant. Subsequent resubmittal requires payment of a review fee as
if it were a new application.
b. A determination that an application is adequate does not restrict the city from requesting
additional information during the site plan review process.
3. Should the property owner choose not to provide the required information after an application has
been found unacceptable, nor to accept return of the application, the application may be processed by
the city with the recognition by the property owner that unacceptability is an adequate basis for denial
of the application regardless of other merit of the application.
4. 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 preliminary plan a
written statement describing the requested waiver and the reasons upon which the request is based.
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The final approval body must then consider each waiver at the time the preliminary site plan is
reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan
stage of review.
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.
E. Plans must be reviewed by the review bodies established by division 38.210 of this chapter and according to
the procedures established by this chapter. After review of the applicable submittal materials required by
division 38.220 of this chapter, and upon recommendation by the appropriate advisory bodies, the review
authority must act to approve, approve with conditions or deny the application, subject to the appeal
provisions of division 38.250 of this chapter. The basis for the review authority's action must be whether the
application, including any required conditions, complies with all the applicable standards and requirements
of this chapter, including section 38.100.050.
1. Plan. The review authority must provide an opportunity for the public to comment upon development
proposals. The duration of the initial comment period must be as required by division 38.220 of this
chapter and included in any notice required by division 38.270 of this chapter.
a. The review authority after receiving the recommendations of the advisory bodies and considering
any public comment must act to approve, approve with conditions or deny an application within
ten working days of the close of the public comment period. The decision must be in writing and
must include any special conditions which are to be applied to the development.
(1) After formal notice of a project review has been given, interested parties may request in
writing to receive a copy of the decision regarding an application. Persons making such a
request must provide an addressed envelope.
2. Plan with deviations or variances. The review authority must provide an opportunity for the public to
comment upon a proposed plan. The notice must comply with the requirements of division 38.220 of
this chapter.
a. The review authority, after receiving the recommendations of the advisory bodies and
considering any public comment must act to approve, approve with conditions or deny an
application. The decision must be in writing and must include any special conditions which are to
be applied to the development.
3. Phasing. The entitlement period for which a final plan is valid is specified in section 38.230.140.
Preliminary single phase plan applications will only be accepted for development that can occur under
building permits issued within this final plan approval period.
a. 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.
b. Each phase of a plan must not include more buildings than will be constructed within a one-year
timeframe. These subsequent site plan applications may be expedited through the review
process if they are consistent with the master site plan. Independent fees will be assessed for
each required application.
c. A preliminary site plan application may be received where it is unclear whether the buildings or
units can be constructed under building permits issued within one year of final site plan approval.
In this case, the director of community development may request proof of a construction
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financing commitment prior to accepting the application. Applications, where it is clear that the
buildings or units cannot be constructed under building permits issued within one year of final
site plan approval will be deemed unacceptable for review. Such applications must proceed
pursuant to a master site plan with first phase site plan process.
(Ord. No. 2124, § 12, 10-18-2022)
Sec. 38.230.100. Plan review criteria.
A. In considering applications for plan approval under this chapter, the review authority and advisory bodies
must consider the following criteria. When considering the criteria for future phases of a master site plan,
other than those for criteria 1—3, 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. See division 38.220 of this chapter for required submittal materials.
1. Conformance to and consistency with the city's adopted growth policy;
2. Conformance to this chapter, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Conformance with special review criteria for applicable permit type as specified in article 2;
5. Conformance with the zoning provisions of article 3, including:
a. Permitted uses (division 38.310);
b. Form and intensity standards (division 38.320);
c. Applicable zone specific or overlay standards (divisions 38.330-340);
d. General land use standards and requirements (division 38.350);
e. Applicable supplemental use criteria (division 38.360);
f. Wireless facilities and/or affordable housing provisions (divisions 38.370-380) if applicable;
6. Conformance with the community design provisions of article 4, including:
a. Transportation facilities and access (division 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;
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b. Community design and element provisions (division 38.410), notably:
(1) Lot and block standards;
(2) Provisions for utilities, including efficient public services and facilities;
(3) Site surface drainage and stormwater control;
(4) Grading;
c. Park and recreational requirements (division 38.420);
7. Conformance with the project design provisions of article 5, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent
neighborhoods and other approved development relative to architectural design, building mass,
neighborhood identity, 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, neighborhood, 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 harmony with the existing natural topography, natural water bodies and
water courses, existing 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, including:
f. Lighting;
g. Signage;
8. Conformance with environmental and open space objectives set forth in articles 4—6, including:
a. The enhancement of the natural environment (e.g., through low impact development
stormwater features or removal of inappropriate fill material);
b. Watercourse and wetland protections and associated wildlife habitats; and
c. If the development is adjacent to an existing or approved public park or public open space area,
have provisions been made in the plan to avoid interfering with public access to and use of that
area;
9. Conformance with the natural resource protection provisions of article 4 and article 6.
10. Other related matters, including relevant comment from affected parties.
11. 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
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
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12. Phasing of items listed in section 38.230.020.B, including but not limited to buildings and
infrastructure.
B. If the review authority, after recommendation from the applicable advisory bodies, determines the proposed
plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the
requirements of this chapter, and is in harmony with the purposes and intent of this chapter and the
Bozeman growth policy, the review authority must approve the proposed plan and may require conditions
and safeguards that must be met prior to final approval as deemed necessary. Notice of action must be given
in writing.
C. Plan approval may be denied upon a determination the application does not meet the criteria of this section.
Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval
must be in writing.
D. Following approval of a master site plan, the applicant must submit to the community development
department, sequential 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 subject to the review
criteria set forth in subsection A above. 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. 38.230.110. Reserved.
Ord. No. 2124, § 13, adopted Oct. 18, 2022, repealed § 38.230.110, which pertained to conditional use permit.
Sec. 38.230.120. Special use permit.
A. The person applying for a special use permit must fill out and submit to the community development
department the appropriate form with the required fee. The request for a special use permit must follow the
procedures and application requirements of this division 38.230.
B. The review authority, in approving a special use permit, must review the application against the review
requirements of section 38.230.100.
C. In addition to the review criteria of section 38.230.100, the review authority must, in approving a special use
permit, determine favorably as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate such use, and
all setbacks, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate
such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting property. Persons
objecting to the recommendations of review bodies carry the burden of proof;
3. That any additional conditions stated in the approval are deemed necessary to protect the public
health, safety and general welfare. Such conditions may include, but are not limited to:
a. Special setbacks, screening, and buffers;
b. Special fences, solid fences, and walls;
c. Surfacing of parking areas and stormwater controls;
d. Regulation of noise, vibrations, lighting, and odors;
e. Regulation of hours for certain activities;
f. Time period within which the proposed use must be developed;
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g. Location of use;
h. Duration of use; and
i. Other such conditions as will make possible the development of the city in an orderly and
efficient manner.
D. In addition to all other conditions, the following general requirements apply to every special use permit
granted:
1. The right to a use and occupancy permit is contingent upon the fulfillment of all general and special
conditions imposed by the special use permit procedure; and
2. All of the conditions constitute restrictions running with the land use, apply and must be adhered to by
the owner of the land, successors or assigns, are binding upon the owner of the land, their successors
or assigns, must be consented to in writing, and must be recorded as such with the county clerk and
recorder's office by the property owner prior to the issuance of any building permits, final plan
approval or commencement of the conditional use.
E. Applications for special use permits may be approved, conditionally approved or denied by the review
authority. If an application is denied, the denial constitutes a determination that the applicant has not shown
that the conditions required for approval do exist.
F. If the special use permit has been approved, the permit will be issued upon the signature of the review
authority after completion of all conditions and final plan.
G. Termination/revocation of special use permit approval.
1. Special use permits are approved based on an analysis of current local circumstances and regulatory
requirements. Over time these things may change and the use may no longer be appropriate to a
location. A special use permit will be considered as terminated and of no further effect if:
a. After having been commenced, the approved use is not actively conducted on the site for a
period of two continuous calendar years;
b. Final zoning approval to reuse the property for another use is granted;
c. The use or development of the site is not begun within the time limits of the final plan approval
in section 38.230.140.
2. A special use which has terminated may be reestablished on a site by either, the review and approval
of a new special use permit application, or a determination by the community development director
that the local circumstances and regulatory requirements are essentially the same as at the time of the
original approval. A denial of renewal by the review authority may not be appealed. If the review
authority determines that the special use permit may be renewed on a site then any conditions of
approval of the original special use permit are also renewed.
3. If activity begins for which a special use permit has been given final approval, all activities must comply
with any conditions of approval or code requirements. Should there be a failure to maintain
compliance the city may revoke the approval through the procedures outlined in section 38.200.160.
(Ord. No. 2124, § 14, 10-18-2022)
Sec. 38.230.130. Community design framework master plans.
A. The person applying for a community design framework master plan must fill out and submit to the
community development department the appropriate form with the required fee. The request for a
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community design framework master plan must follow the procedures and application requirements of this
division 38.230.
B. The review authority, in approving a community design framework master plan, must review the application
against the review requirements of sections 38.230.100 and 38.510.030.L.
C. Applications for community design framework master plans may be approved or denied by the review
authority.
Sec. 38.230.140. Final plan.
A. If the review authority is the city commission, no later than six months after the date of the commission's
approval of the plan, the applicant must submit to the community development department a final plan. The
number of copies of the final plan to be submitted is established by the director of community development.
The final plan must contain the materials required in sections 38.220.080, 38.220.090, 38.220.100, 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.
B. In addition to the materials required in subsection A of this section, 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.
C. If a plan is fully compliant with all applicable standards the review authority may approve the final plan after
the close of the public comment period. In addition to the materials required in subsections A and B of this
section, the owner must submit a statement of intent to construct according to the final plan. Such
statement must acknowledge that construction not in compliance with the approved final plan may result in
delays of occupancy or costs to correct noncompliance.
D. Following approval of a final plan, the approval of the final plan is effective for one year. Prior to the passage
of one year, the applicant may seek an extension of not more than one additional year. In such instances, the
director of community development must determine whether the relevant terms of this chapter and
circumstances have significantly changed since the initial approval. If relevant terms of this chapter or
circumstances have significantly changed, the extension of the approval may not be granted.
E. 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 director of community development determines the
criteria of subsection F of this section are met.
F. 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 38.230 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.
G. Upon approval of the final plan by the community development director the applicant may obtain a building
permit as provided for by division 38.220 of this chapter.
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.
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 has received final approval per this section.
1. Such a request for abandonment must be in writing to the director of community development, 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 director of
community development may establish standards for the content, form, and supporting materials to
be included in a request to abandon an approval.
2. The director of community development may approve such an abandonment in writing.
3. An application abandoned under this section is void.
(Ord. No. 2031, § 1, 12-18-2019; Ord. No. 2155, § 13, 5-14-2024)
Sec. 38.230.150. Amendments to plans.
A. It is the intent 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 public safety, mitigation of off-site environmental impacts and site character in relation to
surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and
further development of sites assure that these concerns are adequately and expeditiously addressed.
B. Any amendment to or modification of a plan approved under the ordinance codified in this division 38.230 (September 3, 1991—Ordinance 1332) must be submitted to the community development director for
review and possible approval. Proposals for further development, reuse or change in use of sites developed
pursuant to this chapter must be reviewed as an amendment to an approved plan. All amendments must be
shown on a revised plan drawing. Amendments to approved plans must be reviewed and may be approved
by the community development director 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 thresholds established
in section 38.230.160.C.
C. Modifications or amendments to a master site plan at the time an extension of approval is sought may be
proposed by either the applicant or the review authority, and must be based on substantive current
information that indicates that relevant circumstances have changed and that such circumstances support
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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 section 38.500.020.B to determine how the design standards within
article 5 are applied.
Sec. 38.230.160. Reuse, change in use or further development of sites developed prior to the
adoption date of the ordinance from which this chapter is derived.
A. It is the policy of the city to work with owners of property during the reuse, change in use, or further
development process to correct existing violations of the city's and other agency's regulations, to encourage
reinvestment and renewal of existing developed sites, and to move existing sites toward compliance with
current standards while recognizing the limitations that may exist in relation to an existing site.
B. Sites legally developed prior to the adoption of the ordinance codified in this chapter (September 3, 1991—
Ordinance 1332) are considered to have developed under an approved plan. Proposals for reuse, change in
use or the further development of sites legally developed prior to the adoption of the ordinance codified in
this chapter may be approved by the review authority upon determining that no significant alteration of the
previous use and site are proposed, and upon a determination that adequate access and site surface
drainage are provided. All such proposals must be shown on a plan drawing as required by section
38.220.110.
C. The criteria for determining that no significant alteration of the previous use and site will result from the
proposed reuse, change in use or further development of a site must include but not be limited to the
following:
1. The proposed use is allowed under the same zoning district use classification as the previous use,
however replacement of nonconforming uses must comply with the provisions of division 38.270 of
this chapter;
2. Changes proposed for the site, singly or cumulatively, do not increase 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 parking requirements, traffic generation or other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the criteria of section
38.230.040.C; or
b. By more than ten percent for developments meeting or exceeding one or more of the criteria of
section 38.230.040.C;
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.
D. If it is determined that the proposed reuse, change in use or further development of a site contains
significant alterations to the previous use and/or site, the application must be resubmitted as a new
application and will be subject to all plan review and approval provisions of this division 38.230.
E. When proposals for reuse, change in use or further development of a site are located in the neighborhood
conservation overlay district, review by ADR staff or the DRB may be required to determine whether
resubmittal as a new application is necessary.
F. For building additions and/or remodels to all existing development, except single to four-household
dwellings in any configuration, see section 38.500.020.B to determine how the design standards within
article 5 are applied.
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Sec. 38.230.170. Improvements to existing developed sites independent of site plan review.
The continued improvement of existing developed sites is desired to increase the level of compliance with
the provisions of this chapter and to encourage maintenance and viability of the site. An applicant may propose
improvements, not in association with a plan review, to increase conformity with the standards of this chapter for
landscaping, irrigation, lighting, parking or similar components of a site to occur over a defined period of time, not
to exceed three years. Such improvements must be depicted on a site plan drawn to scale and which must be
sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed
improvements and any phasing of work. Such improvements must be reviewed by and approved at the discretion
of the review authority which may require surety in accordance with the terms of division 38.270 of this chapter
for work performed. A certificate of appropriateness may be required if the site is located within the neighborhood
conservation overlay district.
(Ord. No. 2155, § 14, 5-14-2024)
Sec. 38.230.180. 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 division 38.220 of this chapter. No building permit may
be granted on the basis of an approved sketch or other plan whose approval has expired.
Sec. 38.230.190. Appeals.
Appeals of decisions rendered in conjunction with this division 38.230 may be taken as set forth in division
38.250 of this chapter.
DIVISION 38.240. SUBDIVISION PROCEDURES
Part 1. Subdivision and Platting Administrative Procedures
Sec. 38.240.010. 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 76-3-301, 76-3-302, and 76-3-303.
(Ord. No. 2089, § 12, 12-7-2021)
Sec. 38.240.020. Effect of recording complying plat.
The recording of any plat made in compliance with the Montana Subdivision and Platting Act (MCA 76-3-101
et seq.) has the effects established in MCA 76-3-304.
(Ord. No. 2089, § 12, 12-7-2021)
Sec. 38.240.030. 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 section
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38.240.160. 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 a public hearing is held on the plat
and a variance from the standard approved pursuant to the procedures for variances is granted. 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 76-3-305.
(Ord. No. 2089, § 12, 12-7-2021)
Sec. 38.240.040. Correction of recorded plat by governing body.
Under the circumstances set in MCA 76-3-614 the city commission may require correction of a recorded plat.
(Ord. No. 2089, § 12, 12-7-2021)
Sec. 38.240.050. Disposition of water rights.
When a subdivision creates parcels with lot sizes averaging less than five acres, the developer must address
disposition of water rights as required in MCA 76-3-504.
(Ord. No. 2089, § 12, 12-7-2021)
Part 2. Review Procedures for Subdivisions
Sec. 38.240.100. General review procedure.
Every subdivision must be reviewed, approved by the city commission 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. The applicant must identify the review procedure they intend to use as part of
the initial application for preliminary plat. When determining the number of lots in a subdivision all created parcels
including park and utility lots count towards the total number of lots.
Subdivision
Type
Pre-application
Review Required
Element and
Sufficiency Review
Required
Preliminary Plat
Review Period After
Sufficiency
Public Hearing
Held By
Review
Authority
Expedited Subdivision per 76-3-623 MCA
All Type Yes Yes 35 working days City
Commission
City
Commission
Subdivisions Subject to 76-3-616 MCA
1stMinor Yes Yes 35 working days None City
Commission
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2ndor
Subsequent
Minor
Yes Yes 60 working days None City
Commission
Major - 6-50
lots
Yes Yes 60 working days None City
Commission
Major >50 lots Yes Yes 80 working days None City
Commission
Phased Development Per 76-3-617 MCA
Any Type Yes Yes 30 working days City
Commission
City
Commission
(Ord. No. 2089, § 13, 12-7-2021)
Sec. 38.240.110. 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, and to discuss the proposed subdivision as it relates to these matters.
1. All subdivisions. Prior to the submittal of a subdivision application for a subdivision, the developer must
submit an application for subdivision pre-application review.
2. 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 section 38.220.030.
a. City review. The community development department coordinates the review within the City and
with outside agencies.
(1) Agency review. The community development department will distribute the pre-
application information to appropriate county and city departments and 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 growth policy provisions that may apply to the subdivision
process, will be forwarded to the applicant to aid in the preparation of the subdivision
application. The community development department must provide a list of the public
utilities, agencies of government, and other parties who may be contacted and their
timeframes for comment on the subdivision application. The comments collected by the
community development department must be provided in person or by letter to the
subdivider or their agent within 30 working days of a complete application being received
by the city. The 30 working day review period is met if the letter is dated, signed and placed
in the outgoing mail within the 30 working day review period.
(2) The applicant may 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
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writing of any waivers granted from section 38.220.060 after the pre-application review.
Information not waived at the time of pre-application must be provided with the
preliminary plat application.
(3) Time for review. The community development department must review the pre-application
plan and within 30 working days advise the developer as to whether the plans and data
meet the goals and objectives of applicable plans and this chapter. Every effort must be
made by the community development department to obtain department and agency
comment within this time period.
b. Optional planning board review. If the developer so wishes, the developer may request in writing
that the planning board review pre-application plans. The letter of request and additional copies
of the pre-application materials are required for this optional review.
(1) The request must be received at least 20 working days prior to the planning board meeting
at which it is to be considered. The application will be submitted to the planning board at
their next available meeting. A copy of the approved minutes of the planning board
meeting will be forwarded to the developer. Comments are advisory and are not binding or
limiting on the city's review of any subsequent subdivision application.
c. 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
planning office dates and places the letter in the outgoing mail or sends the letter via
electronically.
d. No formal written notification on the acceptability or adequacy of a subdivision pre-application
plan submittal is provided. Written comments as to applicability of standards, requested waivers,
required corrections, and procedures will be provided at the conclusion of the review. Written
comments may be provided electronically.
(Ord. No. 2089, § 13, 12-7-2021)
Sec. 38.240.120. Concurrent Montana Subdivision and Platting 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.
(Ord. No. 2089, § 13, 12-7-2021)
Sec. 38.240.130. Preliminary plat—All subdivisions agency review.
A. After the requirement for a pre-application review has been satisfied, the developer may submit a
subdivision application within one year of the date of the city's written comments as required by section
38.240.110. Subdivision applications must be submitted, along with the appropriate review fee and all
required subdivision application information as set forth in division 38.220 of this chapter 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.
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1. Element and sufficiency review of application. The city shall complete the review for required elements
and sufficiency as required in MCA 76-3-604. The working days specified in MCA 76-3-604 are met if
the written communication is dated and placed in the outgoing U.S. mail, or sent electronically, within
the required time.
a. The city must notify the applicant if required information is missing from the application. In the
event missing information is not received by the city and the applicant has not provided an
alternate schedule for timely submittal of the required information within 30 working days of
notification to the subdivider of inadequacy, the city may declare the application unreviewable
and terminate the review. Subsequent resubmittal will require payment of a review fee as if it
were a new application.
(1) A determination that an application is adequate does not restrict the city from requesting
additional information during the subdivision review process. A determination of adequacy
establishes the applicable review criteria as specified in section 38.200.080.A.
b. At the time of the pre-application 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. If in the opinion of the final approval authority the
waived materials are necessary for proper review of the development, the materials must be
provided before review is completed.
2. Review by affected agencies. After an application is deemed acceptable, 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 approval or
denial of the subdivision application. Review by public agencies or utilities must not delay the city
commission's consideration of the subdivision application beyond the statutorily specified review
period. 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 must notify the subdivider.
(Ord. No. 2089, § 13, 12-7-2021)
Sec. 38.240.140. Subdivision notice and public comment.
A. All subdivisions require notice and opportunity for public comment. Not all subdivisions require a public
hearing. Notice of subdivision is provided as required in division 38.220, part 3.
1. Public testimony. All written public comment received at or prior to a public hearing or during a public
comment period must be incorporated into the written record of the review. Minutes or a recording
must be taken of verbal comment received during any public hearing or public meeting.
2. Planning board review. At a regularly noticed public meeting, the planning board reviews subdivision
applications as identified in 38.240.100, together with required supplementary plans and information,
and determines whether the plat is in compliance with the city's growth policy. Pursuant to MCA 76-1-
107, the planning board has delegated its review of all minor subdivisions from a tract of record to the
community development director.
3. If an applicant proposes a phased subdivision per 76-3-617 MCA additional public notice and hearing
consistent with 76-3-617 MCA must be conducted.
(Ord. No. 2089, § 13, 12-7-2021)
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Editor's note(s)—Ord. No 2089, § 13, adopted Dec. 13, 2021, renumbered the former § 38.240.140—38.240.160 as
§ 38.240.170—38.240.190 and enacted new § 38.240.140—38.240.160 as set out herein. The historical
notations have been retained with the amended provisions for reference purposes.
Sec. 38.240.150. City commission review and action.
A. The city commission must review and take action on all proposed subdivisions.
1. The general review requirements per section 38.240.100 must be met.
2. The city commission must determine whether public comments or documents presented at or prior to
the city commission's consideration of a plat constitutes new information as required in MCA 76-3-615.
B. Criteria for city commission action. The basis for the city commission's decision to approve, conditionally
approve or deny the subdivision must be whether the subdivision application, public hearing if required,
advisory boards and agencies advice and recommendation and additional information demonstrates that
development of the subdivision complies with this chapter, the city's growth policy, the Montana Subdivision
and Platting Act and other 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
city commission must:
1. Review the preliminary plat, together with required supplementary plans and information, to
determine if it meets the requirements of this chapter, the development standards and policies of the
city, the city's growth policy, the Montana Subdivision and Platting Act, and other adopted state laws
and local ordinances, including but not limited to applicable zoning requirements.
2. Consider written comments from appropriate public agencies, utilities or other members of the public.
3. Consider the following:
a. Relevant evidence relating to the public health, safety and welfare;
b. Other regulations, code provisions or policies in effect in the area of the proposed subdivision;
c. The recommendation of the advisory bodies; and
d. Any relevant public comment.
e. Individual phases, existing conditions, and changed circumstances for any phase reviewed under
76-3-617 MCA.
4. When the subdivision does not qualify, pursuant to MCA 76-4-125, for the certification established in
section 38.240.170 the city commission may conditionally approve or deny a proposed subdivision as a result of the water and sanitation information provided pursuant to section 38.220.050.A.9. or public
comment received pursuant to MCA 76-3-604 on the information provided pursuant to section
38.220.050. A conditional approval or denial must be based on regulations that the city commission
has the authority to enforce.
5. The city may not approve a proposed subdivision if any of the features and improvements, including
well isolation zones, of the subdivision encroach onto adjoining private property in a manner that is not
otherwise provided for under MCA title 76, chapter 3 or 4.
C. Mitigation. The city commission may require the developer to design the subdivision to reasonably minimize
potentially significant adverse impacts identified through the review required by this chapter. The city
commission must issue written findings to justify the reasonable mitigation required by this chapter. The city
commission 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
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approval of the plat. When requiring mitigation under this subsection, the city commission must consult with
the developer and must give due weight and consideration to the expressed preference of the developer.
D. Findings of fact. Within 30 working days of the final action to approve, deny, or approve with conditions a
subdivision, the city commission must issue written findings of fact as required in MCA 76-3-620 that discuss
and weigh the applicable criteria pursuant to MCA 76-3-608, 76-3-616, and 76-3-623 as well as compliance
with other laws and regulations applicable to the subdivision.
Federal or state governmental entity input. If a federal or state governmental entity submits a written or oral
comment or an opinion regarding wildlife, wildlife habitat, or the natural environment relating to a subdivision
application for the purpose of assisting a governing body's review, the comment or opinion may be included in the
governing body's written statement under this section only if the comment or opinion provides scientific
information or a published study that supports the comment or opinion. A governmental entity that is or has been
involved in an effort to acquire or assist others in acquiring an interest in the real property identified in the
subdivision application must disclose that the entity has been involved in that effort prior to submitting a
comment, an opinion, or information as provided in this subsection.
F. Changes to conditions after approval. Upon written request of the developer, the city commission may
amend conditions of subdivision application approval where errors or changes beyond the control of the
developer have rendered a condition unnecessary, impossible or illegal. Changes to conditions that are not
unnecessary, impossible or illegal are subject to the provisions of section 38.100.070.
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.
3. If it is an application for a major subdivision, the city commission must conduct a public hearing on the
request. If it is an application for a minor subdivision, the city commission must consider the request at
a regularly scheduled meeting.
(a) If a public hearing is held, public notice of the hearing must be given in accordance with this
chapter.
4. The city commission may approve the requested change if it meets the criteria set forth in this chapter.
5. The city commission must issue written findings of fact as required in this chapter.
(Ord. No. 2089, § 13, 12-7-2021)
Editor's note(s)—See the editor's note § 38.240.140.
Sec. 38.240.160. Duration of approval.
A. Initial subdivision application approval period. Upon approving or conditionally approving a subdivision
application, the city commission must provide the developer with a dated and signed findings of fact and
order. This initial approval must be in force for not more than:
1. One calendar year for minor subdivisions;
2. Two calendar years for single-phased major subdivisions; and
3. Three calendar years for multi-phased major subdivisions after the date of the findings of fact and
order.
4. At the end of the period, the city may, at the written request of the developer, extend its approval for a
mutually agreed-upon period of time.
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5. Subdivisions reviewed under MCA 76-3-617 may not exceed a cumulative period for all phases to
exceed 20 years.
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 city commission or their authorized
agent. 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.
Review authority for extensions is established in division 38.220. 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.
(Ord. No. 2089, § 13, 12-7-2021)
Editor's note(s)—See the editor's note § 38.240.140.
Sec. 38.240.170. Notice of certification that water and waste services will be provided by local
government.
A. If the developer is proposing to request an exemption from the department of environmental quality (DEQ)
for infrastructure plan and specification 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
exemption, and details the extent of water, sewer and stormwater infrastructure that will be completed
prior to final plat approval. A detailed preliminary stormwater drainage plan must also be submitted with the
written request. The director of public works must, prior to final plat approval, send notice of certification to
the DEQ per MCA 76-4-127.
(Ord. No. 2089, § 13, 12-7-2021)
Editor's note(s)—See the editor's note § 38.240.140.
Sec. 38.240.180. Final plat application.
A. After the conditions of preliminary approval and the requirements for the installation of improvements have
been satisfied, the developer must cause to be prepared a final plat. 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
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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 working 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, all information required by section 38.220.070.
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 must comply with division 38.270 of this
chapter.
2. County treasurer certification. A final plat will not be accepted as complete until the county treasurer
has certified 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.
c. If an improvements agreement will be required per section 38.270.060 then the proposed
associated security must be provided for review and approval by the city attorney.
d. Transfer of ownership of public land, off-site land, private land, personal property, improvements
and water rights; documents required.
(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
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, 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.
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(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.
5. Final plat approval. The review authority must examine every final plat, and within 45 working 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.
"Date of receipt" means the date of delivery of all fully executed required documents to the reviewing
agency if accompanied by the applicable review fee.
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.
a. If the final plat is approved, the city officer must so certify the approval in a printed certificate on
the plat.
b. If the final plat is denied, the city shall cause a letter to be written to the developer stating the
reasons therefore.
6. 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.
(Ord. No. 2089, § 13, 12-7-2021)
Editor's note(s)—See the editor's note § 38.240.140.
Sec. 38.240.190. 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.
(Ord. No. 2089, § 13, 12-7-2021)
Editor's note(s)—See the editor's note § 38.240.140.
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 2. - PERMITS, LEGISLATIVE ACTIONS AND PROCEDURES
DIVISION 38.240. - SUBDIVISION PROCEDURES
Part 3. Subdivisions Created by Rent or Lease and Buildings For Lease Or Rent
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Part 3. Subdivisions Created by Rent or Lease and Buildings For Lease Or Rent2
Sec. 38.240.200. General.
A. Rent or lease of buildings or portions of buildings otherwise subject to MCA title 76 part 8, are exempt from
review under MCA title 76, part 8, since the city has adopted the necessary zoning to apply the exemption
authorized in MCA 76-8-103.
B. Per MCA 76-3-103(16), development for rent or lease for recreational camping vehicles or manufactured
homes, rather than sale of parcels of land is also considered a subdivision and subject to review procedures
for subdivision.
(Ord. No. 2089, § 14, 12-7-2021)
Secs. 38.240.210—38.240.230. Reserved.
Ord. No. 2089, § 14, adopted Dec. 7, 2021, repealed §§ 38.240.210—38.240.230, which pertained to land
subdivisions created by rent or lease—procedure, submittal requirements and review criteria; same—timing
of improvements; same—filling of final plan, and derived from Ord. No. 2059, § 3, 1-26-2021.
Part 4. Subdivision Exemptions
Sec. 38.240.300. Divisions of land entirely exempt from the requirements of this chapter
pertaining to subdivisions and the state subdivision and platting act.
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Montana
Subdivision and Platting Act (the "Act"), the requirements of this chapter pertaining to subdivisions and the
Act may not apply to any division of land that:
1. Is created by order of any court of record in this state or by operation of law or that, in the absence of
agreement between the parties to the sale, could be created by an order of any court in the state
pursuant to the law of eminent domain (MCA 76-3-201(1)(a));
a. 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;
b. Lots created as described in this section that do not comply with the standards of chapter 38,
BMC are not "nonconforming" lots subject to section 38.32.030 and are not individual buildable
lots;
2Ord. No. 2089, § 14, adopted Dec. 7, 2021, amended the title of Part 3 to read as herein set out. The former Part 3
title pertained to land divisions created by rent or lease.
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c. Not more than four lots can be created by order of a court of record from an original tract or
parcel;
2. 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 (MCA 76-3-201(1)(b));
a. This exemption applies:
(1) To a division of land of any size;
(2) To a parcel that is created to provide security, however the remainder of the tract of land is
subject to the provisions of the Montana Subdivision and Platting Act and division 38.240
of this chapter if applicable;
b. Lots created as described in this section that do not comply with the standards of chapter 38,
BMC are not "nonconforming" lots subject to section 38.280.030 and are not individual buildable
lots;
3. Creates an interest in oil, gas, minerals or water that is severed from the surface ownership of real
property (MCA 76-3-201(1)(c));
4. Creates cemetery lots (MCA 76-3-201(1)(d));
5. Is created by the reservation of a life estate (MCA 76-3-201(1)(e));
6. Is created by lease or rental for farming and agricultural purposes (MCA 76-3-201(1)(f));
7. Is created for rights-of-way or utility sites. A subsequent change in the use of the land to a residential,
commercial or industrial use is subject to the requirements of the Montana Subdivision and Platting
Act and division 38.240 of this chapter (MCA 76-3-201(1)(h));
8. Is created by lease or rental of contiguous airport-related land owned by a city, county, the state, or a
municipal or regional airport authority provided that the lease or rental is for onsite weather or air
navigation facilities, the manufacture, maintenance, and storage of aircraft, or air carrier-related
activities (MCA 76-3-205(1));
9. Is state-owned land unless the division creates a second or subsequent parcel from a single tract for
sale, rent or lease for residential purposes after July 1, 1974 (MCA 76-3-205(2)); and
10. Is created by deed, contract, lease or other conveyance executed prior to July 1, 1974 (MCA 76-3-206).
(Ord. No. 2089, § 15, 12-7-2021)
Sec. 38.240.310. Specific divisions of land exempt from review but subject to survey
requirements and zoning regulations for divisions of land not amounting to
subdivisions.
A. Unless the method of disposition is adopted for the purpose of evading this chapter or the Act, the following
divisions or aggregations of tracts of record of any size, regardless of the resulting size of any lot created by
the subdivision or aggregation, are not subdivisions under this chapter and the Act, but are subject to the
surveying requirements of MCA 76-3-401 for lands other than subdivisions and are subject to applicable
zoning regulations adopted under title 76, chapter 2, Montana Code Annotated (MCA 76-2-101 et seq.). A
division of land may not be made under this section unless the county treasurer has certified that no real
property taxes and special assessments assessed and levied on the land to be divided are delinquent. The
county clerk and recorder must notify the community development department of any land division
described in this section or MCA 76-3-207(1).
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1. Divisions made outside of platted subdivisions for the purpose of relocating common boundary lines
between adjoining properties (MCA 76-3-207(I)(a));
2. Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to
each member of the landowner's immediate family (MCA 76-3-207(I)(b));
3. Divisions made 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 (MCA 76-3-207(I)(c));
4. For lots within a platted subdivision, the relocation of common boundaries where the relocation does
not cross public or private street rights-of-way or an external boundary of the subdivision. (MCA 76-3-
207(I)(d)). The restriction of MCA 76-3-207(2) on the number of lots to be rearranged and designation
of review authority does not apply in such instances;
5. Divisions made for the purpose of relocating a common boundary line between a single lot within a
platted subdivision and adjoining land outside a platted subdivision. A restriction or requirement on
the original platted lot or original unplatted parcel continues to apply to those areas (MCA 76-3-
207(I)(e));
6. Aggregation of parcels or lots when a certificate of survey or subdivision plat shows that the
boundaries of the original parcels have been eliminated and the boundaries of the larger aggregate
parcel are established. A restriction or requirement on the original platted lot or original unplatted
parcel continues to apply to those areas (MCA 76-3-207(I)(f)). The restriction of MCA 76-3-207(2) on
the number of lots to be rearranged and designation of review authority does not apply in such
instances; and
7. Divisions of one or more lots within a platted subdivision to create cottage lot developments subject to
section 38.360.120 as authorized by MCA 76-3-203. This section is not applicable to the development
of condominiums. An amended plat of the original subdivision showing the new dependent lots and all
common lots must be filed and must comply with the uniform standards for final subdivision plats
specified in 24.183.1107, ARM and as updated.
(Ord. No. 2059, § 3, 1-26-2021)
Sec. 38.240.320. Reserved.
Sec. 38.240.330. Condominiums.
A. Condominium developments are exempt from the surveying and filing requirements of article 2 of this
chapter and the Montana Subdivision and Platting Act.
B. Condominiums, constructed on land divided in compliance with the Montana Subdivision and Platting Act,
are exempt from the provisions of division 38.240 of this chapter and the Montana Subdivision and Platting
Act if either:
1. The approval of the original division of land expressly contemplated the construction of the
condominiums and any applicable park dedication requirements of MCA 76-3-621 are complied with;
or
2. The condominium proposal is in conformance with applicable local zoning regulations where local
zoning regulations are in effect.
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Sec. 38.240.340. Exemption from surveying and platting requirements for lands acquired for
state highways.
Instruments of transfer for land which is acquired for state highways may refer by parcel and project number
to state highway plans which have been recorded in compliance with MCA 60-2-209 and are exempted from the
surveying and platting requirements of this chapter and the Act (MCA 76-3-209). If such parcels are not shown on
highway plans of record, instruments of transfer of such parcels must be accompanied by and refer to appropriate
certificates of survey and plats when presented for recording.
Sec. 38.240.350. Procedures and general requirements.
A. All certificates of survey or amended subdivision plats claiming an exemption inside city limits and subject to
survey requirements must be submitted to the community development department. The procedures and
requirements of this chapter are limited to the exemptions discussed in section 38.240.360.
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.
a. During this review, community development department staff will visit the proposed site,
understand thoroughly the nature of all activity occurring on the site, and must identify any
existing or potential zoning conflicts. The community development department must prepare a
memo evaluating the claimed exemption against applicable review criteria, which must also be
made available 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 nature of the claimant's business, 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.
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 30 days of submission of a
complete application.
e. If the exemption is disallowed, the community development department must provide written
notification, within 30 days of submission of a complete application, of its decision to the person
claiming the exemption and to the county clerk and recorder.
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 public
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review as subdivisions. Certificates of survey for divisions of land meeting the criteria set out in
MCA 76-3-207, must meet the following requirements:
(1) A certificate of survey of a division of land that would otherwise be a subdivision, but that
is exempted from subdivision review under MCA 76-3-207, 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;
(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) If the certificate of survey invokes an exemption from subdivision review under MCA 76-3-
207, 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
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"property owner," "landowner" and "owner" mean the seller of the parcel under the
contract-for-deed.
(7) Procedures for filing certificates of survey of divisions of land entirely exempted from the
requirements of the Act. The divisions of land described in MCA 76-3-201, 76-3-205 and 76-
3-209, and divisions of federally owned land made by a United States government agency
are not required to be surveyed, nor must a certificate of survey or subdivision plat
showing these divisions be filed with the county clerk and recorder. A certificate of survey
of one of these divisions may, however, be filed with the county clerk and recorder if the
certificate of survey meets the requirements for form and content for certificates of survey
contained in this section and bears a certificate of the surveyor performing the survey
citing the applicable exemption from the Act or, when applicable, that the land surveyed is
owned by the federal government.
(8) 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 section 24.183.1104, ARM
as may be amended or as required by the county clerk and recorder.
(9) 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 ARM 24.183.1104 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. Unless a division of land is exempt from subdivision review by MCA 76-3-201 or 76-3-207(1)(d) or (e), 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 section 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 and invokes an exemption from
subdivision review under MCA 76-3-201 or 76-3-207(1)(d) or (e), must be entitled "amended plat
of the (name of subdivision)," but for all other purposes is to be regarded as a certificate of
survey and subject to the requirements of this code.
Sec. 38.240.360. Exemption review criteria.
A. 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 Subdivision and Platting Act may be taken in the manner established for
administrative project decision appeals as set forth in section 38.250.030.
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 (MCA 76-3-201(1)(b)).
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 adopted for the purpose of evading the Act under the following conditions:
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(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 made outside of platted subdivisions for the purpose of relocating common boundary lines
between adjoining properties (MCA 76-3-207(I)(a)).
a. The proper use of the exemption for relocating common boundary lines is to establish a new
boundary between adjoining parcels of land outside of a platted subdivision, without creating an
additional parcel.
b. A certificate of survey for the relocation of common boundary lines may include five or fewer
parcels and/or lots.
c. 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).
d. The city makes a rebuttable presumption that a proposed relocation of common boundary lines
is adopted for the purpose of evading the Act, if:
(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 made outside of platted subdivisions for the purpose of a single gift or sale in each county to
each member of the landowner's immediate family (MCA 76-3-207(I)(b)).
a. A member of the immediate family is the spouse of the grantor, or whether by blood or
adoption, a son, daughter, mother or father of the grantor.
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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 outside of a platted subdivision 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 of less than 160 acres in size. Each exemption under this section will be
reviewed by the community development department under this chapter.
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 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 made 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 (MCA 76-3-207(I)(c)).
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 under parts 5 and 6 of the Act.
5. For lots within a platted subdivision, relocation of common boundaries and the aggregation of lots
(MCA 76-3-207(d), (f)).
a. The proper use of the exemption for aggregation of lots and/or relocation of common boundaries
is the rearrangement and/or aggregation of lots within a platted subdivision which does not
increase the total number of lots within the subdivision. The plat must contain the title
"amended plat" and must be filed with the county clerk and recorder.
b. The amended plat showing the aggregation of lots and/or relocation of common boundary within
a platted subdivision 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(s) that is acquiring
additional land;
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(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 amended plat must bear the signatures of all landowners whose parcels are changed
by the relocation or aggregation. The amended plat must show that the exemption was
used only to change the location of boundary lines or aggregate lots, 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 aggregation of lots and/or relocation of
common boundaries within a platted subdivision is adopted for the purpose of evading the Act if
it determines that the relocation crosses the boundary of a public or private street right-of-way
or the external boundary of the subdivision.
d. Any division of lots which results in an increase in the number of lots must be reviewed as a
subdivision and approved by the city prior to the filing of the final plat.
6. Divisions made for the purpose of relocating a common boundary line between a single lot within a
platted subdivision and adjoining land outside a platted subdivision (MCA 76-3-207(1)(e)).
a. The proper use of the exemption for relocating common boundary lines is to establish a new
common boundary line between a single lot within a platted subdivision and adjoining land
outside a platted subdivision. A restriction or requirement on the original platted lot or original
unplatted parcel continues to apply to those areas.
b. A certificate of survey for the relocation of common boundary lines may include five or fewer
parcels and/or lots.
c. Certificates of survey showing the relocation of common boundary lines must be accompanied
by:
(1) A 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).
d. The city makes a rebuttable presumption that a proposed relocation of common boundary lines
is adopted for the purpose of evading the Act, if:
(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.
7. For lots within a platted subdivision, divisions made for the purpose of creating lots subject to zoning
regulations as cottage development and not recorded as condominiums. (MCA 76-3-203).
a. The proper use of the exemption is to create lots for cottage development in compliance with
section 38.360.120. A restriction or requirement on the original platted lot continues to apply to
those areas.
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b. An amended plat of the original subdivision showing the new dependent lots must be filed and
must comply with the uniform standards for final subdivision plats specified in 24.183.1107, ARM
and as updated.
(Order No. 2018-01, § 2, 4-18-2018; Ord. No. 2059, § 3, 1-26-2021)
Sec. 38.240.370. Procedures for filing certificates of survey of divisions of land entirely
exempted from the requirements of the act.
A certificate of survey of a division of land entirely exempted from the requirements of this chapter and the
Act may be filed with the county clerk and recorder if it meets the requirements for form and content for
certificates of survey contained in this section and bears a certificate of the surveyor performing the survey stating
the applicable exemption from the Act.
Sec. 38.240.380. Correction of errors.
Correction of errors may be made by the submission of a corrected certificate of survey for the city's
approval.
Part 5. Subdivision Certificates
Sec. 38.240.400. General.
The certificates listed in sections 38.240.410 through 38.240.530 must be shown on plats and certificates of
survey, as appropriate. Other certificates than those shown may be required by the city when deemed
appropriate. The proper notary block must be used.
Sec. 38.240.410. Dedication or consent.
A. 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 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)
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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, 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 telephone, electric power, gas, internet, cable television 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 telephone, electric power, gas, internet, cable television 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)
(Ord. No. 2089, § 16, 12-7-2021)
Sec. 38.240.420. 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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Sec. 38.240.430. Parkland.
A. 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 commission of 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, Subdivision and Platting Act (MCA 76-3-101 through 76-3-625) and the Bozeman
Municipal Code.
DATED this _______ day of _______, _______.
Signature
City of Bozeman Director of Parks and Recreation
B. Off-site parkland dedication. Where parkland will be provided off-site, in accordance with section
38.420.100.A.4 or 5, 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 commission of 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 Subdivision and Platting Act (MCA 76-3-101 through 76-3-625), and
the Bozeman Municipal Code. The off-site parkland dedication will be provided with the following described
tract(s) of land or easement(s) to wit:
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
C. Parkland dedication to School District 7. Where parkland will be provided in accordance with section
38.420.100.A.6, plats of subdivision must show the following certificate:
CERTIFICATE ACCEPTING PARKLAND
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 commission of 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 Subdivision and Platting Act (MCA 76-3-101 et seq.), 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 section
38.420.080. The land dedication will be provided with the following described tract(s) of land, to wit:
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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
Sec. 38.240.440. 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 Subdivision and Platting Act (MCA 76-3-101 through
76-3-625), and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
Signature
Printed or Typed Name
Registration No.
(Seal of Surveyor)
Sec. 38.240.450. Improvements.
A. 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 section 38.240.450.A).
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Financially Guaranteed Improvements: (List improvements in accordance with section 38.240.450.B). 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)_______
B. 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.
Sec. 38.240.460. 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 Public Works, 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 Public Works
(Ord. No. 2089, § 17, 12-7-2021)
Sec. 38.240.470. 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.
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 growth policy which was adopted pursuant to MCA 76-
1-601 et seq., 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 Public Works
City of Bozeman, Montana
(Order No. 2018-01, § 3, 4-18-2018; Ord. No. 2089, § 18, 12-7-2021)
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Sec. 38.240.480. 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 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
Sec. 38.240.490. 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
Sec. 38.240.500. Certification of use of exemption claim.
A. 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, (Director of Community Development), 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 Subdivision and Platting Act (MCA 76-3-101 et seq.), and the Bozeman Municipal Code.
DATED this _______ day of _______, _______.
(Signature), Director of Community Development
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 76-3-207(1) (add appropriate subsection).
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of surveyed property)
(Ord. No. 2089, § 19, 12-7-2021)
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Sec. 38.240.510. Conditions of approval notifications and certifications.
The following certificate must be required on the conditions of approval sheet:
NOTIFICATIONS AND CERTIFICATIONS
(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the
Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that
all conditions of subdivision application have been satisfied.
(I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the
date of this certification, and that changes to any land-use restrictions or encumbrances may be made by
amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local
regulations.
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and
local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property,
including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers
of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded
and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning
department and become informed of any limitations on the use of the property prior to closing.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
Sec. 38.240.520. 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 covered by 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: _______
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Sec. 38.240.530. Certificate of completion of water-related improvements.
A. 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 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 covered by the
improvements agreement accompanying this plat.
Installed Improvements: (List improvements).
Financially Guaranteed Improvements: (List improvements).
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 Public Works (Date)_______
Sec. 38.240.540. Certificate of governing body.
A. 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, Director of Community Development, 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), Director of Community Development
(Ord. No. 2089, § 20, 12-7-2021)
DIVISION 38.250. APPEALS, DEVIATIONS, DEPARTURES AND VARIANCE
PROCEDURES
Sec. 38.250.010. Purpose.
A. This division 38.250 is adopted:
1. To establish procedures for granting relief from the requirements of this chapter subject to the
standards of this division 38.250 in order to preserve equitable implementation of the law, prevent
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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 by administrative staff approving, approving with conditions
or denying applications for development approval;
3. To provide through appeals of administrative 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 creativity and
excellence of design, in the application of the standards of this chapter in overlay districts and planned
unit developments 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 zoning variances a procedure for relief from the occasional inequities created by
the physical standards of this chapter relating to zoning 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;
8. To provide through subdivision variances a procedure for relief from standards relating to platting
requirements or improvements within public rights-of-way when such standards would result in undue
hardship and are not essential to the public health, safety and general welfare; and
9. 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 community development director must hear and decide requests for reasonable accommodation as
follows:
1. Authorize in specific cases such requests for reasonable accommodation from the terms of this chapter
as will advance the intent and purpose of this chapter and applicable non-discrimination laws and meet
the standards for the granting of reasonable accommodation.
C. The board of adjustment must hear and decide variances and deviations as follows:
1. Authorize in specific cases such deviations from the terms of this chapter relating to zoning as will
advance the intent and purposes of this chapter and meet the standards established for the granting of
deviations;
2. Authorize in specific cases such zoning variances from the physical standards of this chapter, exclusive
of those items included as subdivision variances, that will not be contrary to the public interest, where
owing to special conditions a literal enforcement of the provisions will result in unnecessary hardship,
and so that the spirit of this chapter will be observed and substantial justice done.
D. The city commission must hear and decide appeals of administrative decisions, variances and deviations, and
requests for reasonable accommodation and must:
1. When reclaimed per section 38.200.010C,
a. Authorize in specific cases such deviations from the terms of this chapter relating to zoning as
will advance the intent and purposes of this chapter and meet the standards established for the
granting of deviations; and
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b. Authorize in specific cases such zoning variances from the physical standards of this chapter,
exclusive of those items included as subdivision variances, that will not be contrary to the public
interest, where owing to special conditions a literal enforcement of the provisions will result in
unnecessary hardship, and so that the spirit of this chapter must be observed and substantial
justice done; and
c. Authorize in specific cases such requests for reasonable accommodation from the terms of this
chapter as will advance the intent and purposes of this chapter and applicable non-discrimination
laws and meet the standards established for the granting of reasonable accommodation.
2. Hear and decide subdivision variances from the platting requirements and standards for improvements
within public rights-of-way required by this chapter where it is found that strict compliance would
result in undue hardship and is not essential to the public health, safety and general welfare.
3. Hear and decide appeals from decisions of the community development director regarding subdivision
exemptions.
4. Hear and approve or deny deviations to standards of the title when proposed through a planned unit
development.
5. Hear and decide appeals where it is alleged there is error in any order, requirement, decision or
determination made by an administrative official in the enforcement of this chapter or of any
standards adopted pursuant thereto. An aggrieved person may appeal the final decision of the
community development director in the manner provided in this division 38.250.
Sec. 38.250.020. Hearing and notice requirements.
A. There must be an opportunity for public comment to the review authority for any appeal of administrative
decisions and interpretations and for each application for any variance or deviation. When a public hearing is
required, the hearing must be held at an appointed time and place. Comment must be taken by the review
authority from persons interested in the application and from the staff.
B. The community development director must give public notice as required by division 38.220 of this chapter
of all public hearings or public comment periods.
Sec. 38.250.030. Administrative project decision appeals.
A. An aggrieved person may appeal the final decision of the administrative review authority in the manner
provided in this section. Any appeal of a final administrative decision to approve, approve with conditions or
deny an application must be an appeal on the basis of the information available to the administrative review
authority including this chapter, all submitted application materials, review and recommendations by
administrative staff or advisory bodies, public comment and such other materials as were available. Denial of
requests for waiver or alteration of applicable regulations is not a decision subject to appeal of an
administrative decision. This section also applies to decisions by the administrative review authority
regarding evasion of the Subdivision and Platting Act per section 38.240.360.
B. Failure to raise an issue during the provided public comment opportunity, in person or in writing, or the
failure to provide statements or evidence sufficient to afford the administrative review authority an
opportunity to respond to an issue, precludes an appeal based on that issue, unless the issue could not have
been reasonably known by any party during the time of the public comment opportunity.
C. Appeal procedures. Appeals from administrative review authority to the appellate review authority or the
courts are set forth in the various sections of this division 38.250. Appeals are permitted under the provisions
of this section in the manner set forth herein.
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1. These appeal procedures apply to decisions by an administrative review authority in their actions to
administer this chapter.
2. Appeals must be from the administrative review authority to the appellate review authority according
to section 38.250.010.
D. Filing of appeal. An appeal must be taken by filing with the department of community development by 5:00
p.m. on the tenth working day following the final decision of the administrative review authority a
documented appeal and appeal fee. Upon receipt of the completed appeal the department of community
development must inform the administrative review authority from whom the appeal is being made of the
submission of the appeal.
E. Appeal contents. In all cases, the complete appeal application must include, and must not be deemed filed
until, all of the materials required by section 38.220.140 are submitted.
F. 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 in the same manner as was required for notice of
the initial application. 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.
G. Scheduling. Upon receipt of a complete appeal application the city clerk must place the appeal on the
regularly scheduled appellate review authority agenda. The appeal must be scheduled for consideration not
later than 45 working days of the receipt of a complete appeal.
H. Material. The material to be considered by the review authority must be the record of the project review,
including the administrative review authority's decision, in addition to materials that may be submitted
during the processing and review of the appeal.
I. 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 such person for the purpose of eliciting
information and for the purpose of clarifying information presented.
J. 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 administrative project decision.
K. Construction hold. During the time of the appeal all construction must cease and may not commence unless
notified in writing to do so by the appellate review authority.
Sec. 38.250.040. Administrative interpretation appeals.
A. A request for appeal of an interpretation of this chapter, including classifications of use per division 38.310 of
this chapter, must be made by filing an application, with appropriate fees, with the department of
community development within 20 working days of the interpretation decision. After receiving a completed
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application the city clerk must schedule consideration of the appeal at a regularly scheduled meeting of the
review authority. In all cases, the complete application must include, and will not be deemed filed until, all of
the materials required by section 38.220.150 are submitted.
B. The appellate 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 intent and purpose of this chapter. During the time of the appeal all construction must cease and may
not commence unless notified in writing to do so by the by the appellate review authority.
C. When interpreting the meaning of this chapter, sections 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.
Sec. 38.250.050. Deviations.
All requests for deviations in the neighborhood conservation overlay district must be heard by the review
authority established in section 38.200.010. Deviations may only be applied for in conjunction with submittal of a
development proposal of a type authorized by division 38.230. Standards and criteria for award of deviations are
contained in division 38.340. The granting of a deviation is an exercise of administrative power that can effect no
change in the chapter. A deviation may be granted only in a specific instance permitting a nonconformity in order
to accomplish the specific objectives of section 38.340.070, 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 other
ordinances or statutes.
(Ord. No. 2104, § 8, 9-27-2022)
Sec. 38.250.060. 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 article 2 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 applicable departure criteria that
applies 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.
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Sec. 38.250.070. Zoning variances.
A. Application. A request for one or more variance must be made by filing an application, with appropriate fees,
with the community development department at least 30 calendar days prior to the review authority's
consideration of the application and must be accompanied by the materials described in section 38.220.160.
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 intent and 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
standards of MCA 76-2-323 in that the variance:
1. Will not be contrary to and will serve the public interest;
2. Is necessary, owing to conditions unique to the property, to avoid an unnecessary hardship which
would unavoidably result from the enforcement of the literal meaning of this chapter:
a. 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;
and
b. Conditions unique to the property may include, but are not limited to, slope, presence of
watercourses, after the fact imposition of additional regulations on previously lawful lots, and
governmental actions outside of the owners control;
3. Will observe the spirit of this chapter, including the adopted growth policy, and do substantial justice;
4. In addition to the criteria specified above, in the case of a variance relating to the flood hazard
provisions of article 6 of this chapter:
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.
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:
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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.); and
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 section 38.250.090. If a building permit or land use permit is not obtained for the subject
property within six months from the date of the review authority's decision, the variance will be
automatically canceled and become null and void.
F. Variances. Variances are subject to MCA 76-2-321 through 76-2-328.
G. 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.
(Ord. No. 2104, § 9, 9-27-2022; Ord. No. 2124, § 15, 10-18-2022)
Sec. 38.250.080. Subdivision variances.
A. Procedure. The subdivider must provide during the pre-application process, and include with the submission
of the preliminary plat, a written statement describing the requested variance and the facts of hardship upon
which the request is based. The relevant advisory bodies must include their findings and conclusion regarding the requested variance in its recommendation. The review authority must consider each variance
during their review of the preliminary plat.
B. Review criteria. Per MCA 76-3-506, a variance to this chapter must be based on specific variance criteria, and
may not have the effect of nullifying the intent and purpose of this chapter. The city must not approve
subdivision variances unless it makes findings based upon the evidence presented in each specific case that:
1. The granting of the variance will not be detrimental to the public health, safety, or general welfare, or
be injurious to other adjoining properties;
2. Because of the particular physical surroundings, shape or topographical conditions of the specific
property involved, an undue hardship to the owner would result if strict interpretation of this chapter
is enforced;
3. The variance will not cause a substantial increase in public costs; and
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4. The variance will not, in any manner, place the subdivision in nonconformance with any other
provisions of this chapter or with the city's growth policy.
C. Variances from floodway provisions not authorized. The review authority may not, by subdivision variance,
permit subdivision for building purposes in areas located within the floodway of a flood of 100-year
frequency as defined in title 76, chapter 5, Montana Code Annotated (MCA 76-5-101 et seq.). Any variances
related to floodways must meet the standards of 38.250.070.C.4.a.
D. Conditions. In granting subdivision variances, the review authority may require such conditions as will, in its
judgment, secure the objectives of this chapter. Any approval under this section must be subject to the terms
of the conditions designated in connection therein. Any conditions required must be related both in purpose
and scope with the relief sought through the variance.
E. Statement of facts. When any variance from this chapter is granted, the motion of approval must contain a
statement describing the variance and conditions upon which the issuance of the variance is based.
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.
G. Limitations on approvals. For subdivision variances, the variance approval will be null and void if the final plat
is not filed within the time allowed for final approval by the city's decision.
(Ord. No. 2089, § 21, 12-7-2021; Ord. No. 2104, § 10, 9-27-2022)
Sec. 38.250.090. Appeals from city commission or board of adjustment actions.
Appeals may be made as authorized by state law.
Sec. 38.250.100. 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.
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.
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1. Application. A request for reasonable accommodation must be submitted on an application form
provided by the community development department or in the form of a letter to the community
development director, and must contain the following information:
a. The applicant's name, address, and telephone number;
b. Address of the property for which the request is being made;
c. Authorization from the owner of the subject property for the applicant to request the reasonable
accommodation;
d. The current actual use of the property;
e. The basis for the claim as follows:
(1) That the individual or group of individuals is considered physically or mentally disabled or
handicapped under the applicable non-discrimination laws, including identification and
description of the disability or handicap which is the basis for the request for
accommodation and current, written medical certification and description of disability or
handicap and its effects on the person's medical, physical or mental limitations; or
(2) That the individual or group of individuals is a protected class based on race, color, religion,
sex, creed, familial status, marital status, age, or national origin, as defined under the
applicable non-discrimination laws, including identification and description of the
protected class which is the basis of the request for accommodation.
f. The code provision, regulation, procedure and/or policy from which reasonable accommodation
is being requested;
g. The type and extent of reasonable accommodation sought;
h. The reason(s) why the accommodation is reasonable and necessary for the needs of the
individual(s), including a summary of any potential alternatives contained in this chapter
considered in requesting the accommodation and why other alternatives contained in this
chapter are not feasible;
i. Copies of memoranda, correspondence, pictures, plans or background information reasonably
necessary to reach a decision regarding the need for the accommodation; and
j. Other supportive information deemed necessary by the department to facilitate proper
consideration of the request, consistent with applicable non-discrimination laws.
2. Review with other land use applications. If the project for which the request for reasonable
accommodation is being made also requires some other discretionary approval, 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.
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4. Review.
a. Community development director. The director must make a written determination within 20
calendar days of the application being deemed complete and either grant, grant with conditions,
or deny a request for reasonable accommodation. If necessary to reach a determination on the
request for reasonable accommodation, the director may request further information from the
applicant consistent with applicable non-discrimination laws, specifying in detail the information
that is required. In the event that a request for additional information is made, the 20-day period
to issue a decision must be stayed until the applicant responds to the request.
b. Other review authority. The written determination on whether to grant or deny the request for
reasonable accommodation must be made by the authority responsible for the discretionary land
use application in compliance with the applicable review procedure for the discretionary review.
5. Notice.
a. Community development director. No advance notice or public hearing is required for
consideration of reasonable accommodation requests by the community development director.
b. Other review authority. Requests for reasonable accommodation subject to review by other
review authorities require public notice and a public review process pursuant to the
requirements for the other discretionary land use application that is the subject of the review,
including all public notice provisions pursuant to section 38.220.420.
6. Balancing rights and requirements. In reviewing applications for requests for reasonable
accommodation, the city must balance:
a. The privacy rights and reasonable request of an applicant for confidentiality; with
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 Tables of Authorized Uses found in division 38.310 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.
(Ord. No. 2124, § 16, 10-18-2022)
DIVISION 38.260. TEXT AND ZONING MAP AMENDMENTS
Part 1. Text Amendments
Sec. 38.260.010. Initiation of amendments and changes.
A. The city commission may, from time to time, amend this chapter. An amendment may be initiated by the city
commission, city manager, zoning commission, planning board or upon petition from an owner of property
within the city.
B. The city commission, planning board or zoning commission may upon a vote of a majority of its members
direct the initiation of an amendment to this chapter. When one of these bodies initiates an amendment, the
application must be signed by the mayor, chair of the planning board or chair of the zoning commission as
applicable.
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C. 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.
Sec. 38.260.020. Amendments; investigation requirements.
Upon initiation of an amendment, the city must cause to be made an investigation of facts bearing on such
initiation or petition. The purpose of the investigation is to provide the necessary information to ensure that the
action of each such petition is consistent with the intent and purpose of this chapter as set forth in section
38.100.040; this includes but is not limited to accordance with the city growth policy. Amendments only addressing
zoning standards will be measured against the zoning purposes. Amendments which address only subdivision
standards will be measured against the purposes related to the subdivision purposes. Amendments which apply to
both zoning and subdivision standards will be reviewed against all the purposes.
Sec. 38.260.030. Public hearing procedures and requirements.
A. The city commission, zoning commission and/or planning board must hold one or more public hearings on
the matters referred to in such initiation or petition at which parties in interest and citizens must have an
opportunity to be heard. Notice of such public hearings must be provided as required by division 38.220 of
this chapter.
B. Any text amendment must be the subject of one or more public hearing before the city commission, after
receiving a recommendation from the zoning commission and/or planning board as set forth in this section.
C. The public hearings to be heard by the zoning commission and/or planning board must be conducted by the
bodies specified in this subsection:
1. Any text amendment affecting only zoning provisions of this chapter must be heard by the zoning
commission.
2. Any text amendment affecting only subdivisions must be heard by the planning board.
3. Any text amendment affecting both zoning and subdivision must be heard as a joint hearing of the
planning board and zoning commission with the president of the planning board to preside. When
there is a question as to whether an amendment would affect both subdivision and zoning, the public
hearing must be jointly held.
4. After such hearing or hearings, the zoning commission and/or planning board will make reports and
recommendations on the petition or initiation to the city commission.
D. In the event that there is a question as to whether a proposed text amendment affects both zoning and
subdivision, or only one of the subjects, the community development director will determine which subject is
affected.
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E. Recommendations to the city commission and other official actions by both the zoning commission and the
planning board will only be official if made by at least a majority of a quorum of the body.
F. In the case of protest against such changes, signed by the owners of 25 percent or more of either the area of
the lots included in any proposed change or those lots or condominium units 150 feet from a lot included in a
proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of
the present and voting members of the city commission. When considering protests from owners of
condominiums the provisions of MCA 76-2-305(3) apply. The provisions of this subsection D include the
ability for an applicant to protest a possible decision to adopt a zoning less than originally requested when
the applicant meets the same criteria as other affected landowners.
Part 2. Zoning Map Amendments
Sec. 38.260.100. Initiation of zoning map amendments and changes.
A. The city commission may, from time to time, amend the zoning district maps appertaining to this chapter. An
amendment may be initiated by the city commission, zoning commission or upon application from an owner
of property within the city.
B. The city commission or zoning commission may upon a vote of a majority of its members direct the initiation
of an amendment to the zoning map. When either body initiates an amendment, the application must be
signed by the mayor or chair of the zoning commission as applicable.
C. Whenever the property owner of any land or building desires a reclassification on the owner's property, they
may file with the community development department an application requesting an amendment or change
of regulations prescribed for such property. Applications for change of district boundaries or reclassification
of districts as shown on the zoning district map must be on forms supplied and prepared by the department.
When the application, bearing property owner' signatures, is filed with the department it must contain or be
accompanied by:
1. All the data and information pertinent to the understanding and judgment of the proposal, as may be prescribed by the commission for that purpose so as to ensure the fullest practicable presentation of
facts for the permanent record; and
2. A notarized statement by at least one of the owners of property within the area proposed to be
changed attesting to the truth and correctness of all facts and information presented with the
application.
D. Whenever an owner of any land within the city desires a reclassification on property that they do not own,
such as a request to establish a different zoning classification for a block or other group of properties, they
may file 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 percent of either the area of lots or number of lots
of the affected property requesting an amendment for such property. When the application, bearing
property owners' signatures, is filed with the department it must contain or be accompanied by:
1. All the data and information pertinent to the understanding and judgment of the proposal, as may be
prescribed by the commission for that purpose so as to ensure the fullest practicable presentation of
facts for the permanent record; and
2. A notarized statement by at least one of the owners of property within the area proposed to be
changed attesting to the truth and correctness of all facts and information presented with the petition.
E. An application containing less than the required number of signatures will be considered incomplete and
invalid and will not be processed.
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Sec. 38.260.110. Zoning map amendments and rezonings; investigation requirements.
Upon initiation of an amendment the city must cause to be made an investigation of facts bearing on such
initiation or application as will provide necessary information to ensure that each such application is consistent
with the intent and purpose of this chapter. Specifically the investigation must address the criteria of MCA 76-2-
304 which are contained in section 38.100.040.C.
Sec. 38.260.120. Zoning map amendments—Public hearing procedures and requirements.
A. The city commission and zoning commission must hold public hearings on the matters referred to in such
application at which parties of interest and citizens must have an opportunity to be heard.
1. If there is a protest, to be valid the protest must be submitted on a zoning protest form provided by
the city.
B. The community development director must give public notice as required by division 38.220 of this chapter.
The community development director must provide to the city commission and zoning commission a report
of the staff's analysis of the application.
C. After such hearing or hearings, the zoning commission will make reports and recommendations on the
application to the city commission.
D. After the zoning commission has forwarded a recommendation on the amendment to the zoning district
map, a public hearing must be held by the city commission for the purpose of acting upon the proposed
amendment after public notice.
1. In the case of protest against such changes, signed by the owners of 25 percent or more of either the
area of the lots included in any proposed change or those lots or condominium units 150 feet from a
lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and voting members of the city commission. When
considering protests from owners of condominiums the provisions of MCA 76-2-305(3) apply. The
provisions of this subsection D include the ability for an applicant to protest a possible decision to
adopt a zoning less than originally requested when the applicant meets the same criteria as other
affected landowners.
2. If the city commission intends to adopt a zoning designation different than that applied for, the hearing
will be continued for a minimum of one week to enable the applicant to consider their options and
whether to protest the possible action. In the case of protest against a change to the zoning map by
the applicant the same favorable vote of two-thirds of the present and voting members of the city
commission is required as for any other protested zoning action.
DIVISION 38.270. IMPROVEMENTS AND SECURITIES3
Sec. 38.270.010. 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
3Ord. No. 2074, § 3, adopted July 8, 2021, amended the title of Div. 38.270 to read as herein set out. The former
Div. 38.270 pertained to improvements and guarantees.
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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 receiving a certificate of occupancy 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.
(Ord. No. 2074, § 3, 6-8-2021; Ord. No. 2155, § 15, 5-14-2024)
Sec. 38.270.020. 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
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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's design standards and specifications
policy, 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 design standards and specifications policy.
2. Scope of work. The intent 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.
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's design standards and specifications policy, 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.
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d. After a final site plan is approved, subject to section 38.270.030, and prior to 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.
(Ord. No. 2074, § 3, 6-8-2021; Ord. No. 2155, § 16, 5-14-2024)
Sec. 38.270.030. 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 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 city prior to the approval of the final plat, building permit, issuance of a
certificate of occupancy or other identified benchmark as appropriate.
2. Record drawings and project certification complying with the city's design standards and specifications
policy, 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, issuance of a certificate of occupancy, or release of security associated with the
improvements to be dedicated to the public.
3. As-built drawings complying with the city's design standards and specifications policy, including timing
for submittal of materials, must be provided prior to final plat approval for subdivisions, issuance of a
certificate of occupancy, or release of security associated with the improvements to be dedicated to
the public.
a. Public street or road improvements must be developed to adopted city standards.
4. Public right-of-way lighting. Lighting, as required in division 38.570 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
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not be issued until the improvements are installed, 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.
5. 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, issuance of a certificate of
occupancy for the building or site, or other identified benchmark 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 improvements must be installed prior to the issuance of a building permit for any lot within a
subdivision, 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.
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 section 38.100.070.
(1) The subdivision streets improvements must be installed prior to final plat approval. This
requirement may be modified by the review authority for streets where dictated by
circumstances, such as cold weather conditions that do not permit paving, 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, and sanitary sewer manhole rims and water valve boxes must be located at a grade
that will not be damaged by traffic. This requirement must generally not be modified for
non-residential developments; 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.
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 C.1 of this section, 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,
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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.
1. Provision of municipal central water distribution, municipal sanitary sewer collection systems, streets,
and stormwater systems means that the criteria in either subsection a or subsections b and c 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;
constructed to city standards; physically adjacent to the site proposed for construction; installed
and accepted by the city; and 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 Environmental Quality when applicable, prior to issuance of any
building permit for the development; and
(4) A certificate of occupancy must not be issued 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:
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 38.380.030;
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
section 38.270.080. If a financial security is used, the amount will be determined by the city and in an
amount not less than 150 percent of the cost of the improvements verified against city publicly bid unit
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prices, where such are available. If no publicly bid unit prices are available, any cost estimate
acceptable to the city may be used. 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 the final engineering design, including location and grade, for any public infrastructure
must be obtained from the engineering department, and the Montana Department of Environmental
Quality when applicable, 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 cancelled 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;
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, and a certificate of occupancy has been issued;
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.
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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.
(Ord. No. 2074, § 3, 6-8-2021; Ord No. 2104, § 11, 9-27-2022; Ord. No. 2155, § 17, 5-14-2024)
Sec. 38.270.040. 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 occupancy of a building subject to development
review, excluding sketch plans.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to installation of
these improvements as long as the improvements are subject to an approved improvements
agreement and are financially secured.
B. Neighborhood center 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 and occupancy permits may be issued 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.
(Ord. No. 2074, § 3, 6-8-2021)
Sec. 38.270.050. 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, landscaping, 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, state
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's design standards and specifications policy 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 issuance of a certificate of
occupancy for site development, or other identified benchmark as appropriate.
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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 a certificate of occupancy, final plat, or other conclusory action if all terms and details of the
approval are in compliance. Except as provided in section 38.270.060, no final plat approval can be
permitted, or certificate of occupancy issued, unless the terms and details of an approved plat or site
development or sketch plan are met. Prior to receiving a certificate of occupancy, the developer must certify
the completion of the improvements as required in section 38.270.030.A.
(Ord. No. 2074, § 3, 6-8-2021; Ord. No. 2155, § 18, 5-14-2024)
Sec. 38.270.060. 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, occupancy of buildings, 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 require actual installation of improvements prior to
occupancy 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. 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. 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 section
38.270.030.D.
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
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clearly states that certificate of occupancy will not be issued 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 section
38.270.030.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 percent 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 of this section 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 percent of the value of the remaining uncompleted work, and such that not more than
90 percent 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; and
i. The financial security must be held in the possession of the city.
2. Subdivisions. Improvements agreements for subdivisions must meet the following standards in addition
to those listed in subsection C.1 of this section:
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
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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 of this section:
a. If occupancy of the structure 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 38.270;
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
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 during the term
of the improvements agreement, or matters related to life safety are required to be
installed prior to any occupancy; and
e. When all provisions are met 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, occupancy or other similar 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, the city must record a notice of completion stating that
the work that was the subject of the improvements agreement is complete.
(Ord. No. 2074, § 3, 6-8-2021)
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Sec. 38.270.070. 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 section 38.200.010, 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 section 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 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 section 38.200.010, 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.
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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 section 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.
(Ord. No. 2074, § 3, 6-8-2021)
Sec. 38.270.080. 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. Irrevocable letters of credit satisfactory to the city attorney as to form and manner of execution;
3. Cash escrows held by the city, or held by an approved escrow agent and subject to an executed escrow
agreement; 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;
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;
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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.
(Ord. No. 2074, § 3, 6-8-2021)
Sec. 38.270.090. 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 section 38.700.040);
4. Neighborhood centers (except for neighborhood commercial and civic uses and their grounds) as set
forth in section 38.410.020;
5. Pathways (as defined in section 38.700.150);
6. Lighting;
7. Stormwater facilities, and
8. Irrigation facilities installed in common areas.
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 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. 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 section 38.220.320 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
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maintenance plan. Maintenance must be provided by the property owners' association for stormwater
facilities, with the exception of storm sewer mains, inlets, and manholes 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 sections 38.220.300—38.220.320 apply to this
section.
1. Landscaping warranty. The maintenance plan must provide that any required or proposed landscaping
must be maintained in a healthy, growing condition at all times, and that any plant that dies must be
replaced with another living plant that complies with the approved landscape plan.
2. Irrigation system warranty. 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.
3. 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.
(Ord. No. 2074, § 3, 6-8-2021; Ord. No. 2155, § 19, 5-14-2024)
Sec. 38.270.100. Warranty.
A. Publicly dedicated. All publicly dedicated improvements must be subject to a warranty of duration and scope
to meet the city's design standards and specifications manual and park design standards as applicable.
B. Private improvements. If an improvements agreement is entered to guarantee installation of private
improvements, the improvements must be subject to a warranty of not less than one year from the date of
installation.
(Ord. No. 2074, § 3, 6-8-2021)
DIVISION 38.280. NONCONFORMING SITUATIONS
Sec. 38.280.010. 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 hereinafter specified, or in the case of signage as specified in division 38.560 of this
chapter.
B. Except as otherwise specified in this division, the right to operate and maintain a nonconforming use must
terminate when the structure or structures housing such use are destroyed by any means to an extent of
more than 50 percent of its replacement cost at the time of destruction. However, in the event of damage by
natural disaster to the extent described herein, a nonconforming use or uses may be reestablished through a
special use permit procedure as set forth in division 38.230 of this chapter. Such restoration must comply to
the maximum extent reasonably feasible with the requirements of this chapter.
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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.
(Ord. No. 2124, § 17, 10-18-2022)
Sec. 38.280.020. 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. Except, however, a lawful nonconforming non-
residential use may be changed to another nonconforming use, provided that the proposed use is not
of greater intensity than the original use, as determined by the criteria in section 38.280.020.A.2, and
that a 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 conditional use permit application, the review
authority must weigh the criteria set forth in 38.230.110. In addition, the review authority must
consider whether the expansion is reasonable, natural and incidental to the growth and use of an
existing business. In general, proposals to expand nonconforming uses must not be approved if the
expansion would encompass new land or property which was not in use at the time of the enactment
of zoning or a change in zoning.
2. To approve a 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 growth policy and this chapter;
e. The level of conflict with other uses in the surrounding area;
f. The presence of other nonconformities in the surrounding area;
g. The degree to which any existing unsafe or hazardous conditions would be mitigated;
h. The viability of the subject structure; and
i. On-site and off-site impacts from noise, dust, smoke, surface or groundwater contamination, or
other environmental impacts.
B. Lawful nonconforming residential use.
1. A lawful nonconforming residential use may be reduced in terms of the number of dwelling units, in an
effort to achieve greater conformance with the underlying zoning designation, through the review
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process required by divisions 38.340 and 38.230 of this chapter, without the need to obtain a special
use permit from the review authority. A lawful nonconforming residential use must not be permitted
to increase the number of dwelling units.
2. The maintenance and reconstruction of existing nonconforming residential dwelling units is allowed, in
compliance with applicable fire and building codes, including expansion of up to 20 percent 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.
(Ord. No. 2124, § 18, 10-18-2022)
Sec. 38.280.030. 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 section 38.700.110 of this chapter, in a subdivision
of record does not own sufficient land within the lot of record to enable the owner to conform to the
minimum lot size requirements, or does not have sufficient lot width to conform to the minimum lot width
requirements, such plot of land may nevertheless be used 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 of acceptable size to be built upon the lot, with such reduction to be determined by the review
authority designated in section 38.200.010. 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.
1. In the R-S, R-1 and R-2 districts, the reduction must permit only a single-household residence.
2. In the R-3, R-4 and R-O districts, the reduction must permit only a two unit structure.
B. No lot, even though it may consist of one or more adjacent lots in common ownership at the time of passage
of the ordinance from which this chapter is derived, may be reduced in size so that lot width or size of
setbacks or lot area per household or any other requirement of this chapter is not maintained except as
provided for in this chapter. This section views lots as merged for the purposes of planning and zoning
regulation of bulk, size, or similar dimensional standards only, and does not aggregate individual parcels of
land in a manner affected by MCA 76-3-103(17)(b). This section does not apply when a portion of a lot is
acquired for a public purpose.
C. Adjacent parcels which do not conform to minimum lot requirements, and which are in common ownership,
are considered individual lots of record for the purposes of this code only if they are each greater than one
acre in size and were created prior to the passage of the ordinance codified in this chapter.
Sec. 38.280.040. Nonconforming structures.
A. Any nonconforming structure lawfully existing upon the effective date of the ordinance from which this
chapter is derived may be continued at the size and configuration existing upon such date except as
hereinafter specified, or in the case of signage as specified in division 38.560 of this chapter and lighting as
specified in section 38.570.110.
B. The right to operate and maintain a nonconforming structure terminates when the structure is destroyed by
any means to an extent of more than 50 percent of its replacement cost at the time of destruction. However,
in the event of damage by natural disaster to the extent described herein, said nonconforming nonresidential
structure may be reestablished through a special use permit procedure as set forth in division 38.230 of this
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chapter. Such restoration must comply to the maximum extent feasible with the requirements of this
chapter.
C. Normal maintenance of a lawful nonconforming structure is permitted, including necessary structural repairs
provided such structural repairs do not enlarge the structure or intensify the use.
(Ord. No. 2124, § 19, 10-18-2022)
Sec. 38.280.050. 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 divisions
38.340 and 38.230 of this chapter. 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 divisions
38.340 and 38.230 of this chapter.
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.
Figure 38.280.050
Clarifying acceptable and unacceptable examples of expanding nonconforming structures.
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 3. ZONING DISTRICTS AND LAND USES
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ARTICLE 3. ZONING DISTRICTS AND LAND USES
DIVISION 38.300. ZONES, MAPS AND DESIGNATIONS4
Part 1. Zoning Districts and Zoning Map
Sec. 38.300.010. Purpose.
Individual zoning districts are adopted for the purposes described in section 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 growth policy.
E. Zoning districts and the zoning map communicate the City's expectation for land use in each particular
district.
Sec. 38.300.020. Use districts designated, zoning map adopted.
A. The city is divided into zones, or districts, as shown on the official zoning map which, together with all
explanatory matter thereon, is adopted by this reference and declared to be a part of this chapter.
B. The purpose statements for each zone and map designation set forth in part 2 of this division shall be used to guide the application of the zones and designations to all lands in the city. The purpose statements also shall
guide interpretation and application of land use regulations within the zones and designations, and any
changes to the range of permitted uses within each zone through amendments to this title. For the purpose
of this chapter, the city is divided and classified into the following use districts:
R-S Residential Suburban District
R-1 Residential Low Density District
R-2 Residential Moderate Density District
R-3 Residential Medium Density District
R-4 Residential High Density District
R-5 Residential Mixed-Use High Density District
R-O Residential-Office District
RMH Residential Manufactured Home Community District
4State law reference(s)—Municipal zoning, MCA 76-2-301 et seq.
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B-1 Neighborhood Business District
B-2 Community Business District
B-2M Community Business District - Mixed
B-3 Downtown Business District
UMU Urban Mixed-Use District
M-1 Light Manufacturing District
M-2 Manufacturing and Industrial District
B-P Business Park District
PLI Public Lands and Institutions District
NEHMU Northeast Historic Mixed-Use District
NC Neighborhood Conservation Overlay District
REMU Residential Emphasis Mixed-use District
PDZ Planned Development Zone
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.
(Order No. 2018-01, § 4, 4-18-2018; Order No. 2019-01, 9-13-2019; Ord. No. 2104, § 13, 9-27-2022)
Sec. 38.300.030. Official map availability, certification and authority; changes.
A. The official maps must be available in the community development department and must bear a certificate
with the signature of the mayor attested by the city clerk and the date of adoption of the ordinance codified
in this chapter.
B. This certificate should read as follows:
This is to certify that this is an Official Zoning Map referred to in section _______ of Ordinance No. _______ of
the City of Bozeman, Montana.
Mayor _______
Attested _______
Date of Adoption _______
C. Regardless of the existence of purported copies of the official zoning maps, which may from time to time be
made or published, the official zoning maps kept in the community development department must be the
final authority as to the current zoning status of land and water areas, buildings and other structures in the
city.
Sec. 38.300.040. Official map replacement conditions.
A. In the event that the official zoning maps become damaged, destroyed, lost or difficult to interpret because
of the nature or number of changes or additions thereto, the city commission may adopt and certify new
official zoning maps which must supersede the prior official zoning maps. The new official zoning maps may
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correct drafting or other errors or omissions in the prior map, but no such corrections shall have the effect of
amending the original official zoning maps or any subsequent amendment thereof.
B. If any changes to the map are made by amendment of this chapter in accordance with division 38.260 of this
chapter, such changes must be made to the official zoning maps and signed, dated and certified upon the
map or upon the material attached thereto. Interpretations per 38.300.050 and revisions to the map to
accommodate annexations and other changes necessitating interpretation must be reflected.
C. The new official zoning maps must be identified by signature of the mayor attested by the city clerk. The
certificate should read as follows:
This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted as
part of Ordinance No. _______ of the City of Bozeman, Montana.
Mayor _______
Attested _______
Date of Adoption _______
Sec. 38.300.050. Boundary interpretation guidelines.
A. 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:
1. Boundaries indicated as approximately following the centerline of streets, highways or alleys must be
construed to follow such centerlines;
2. Boundaries indicated as approximately following platted lot lines must be construed as following such
lot lines;
3. Boundaries indicated as approximately following city limits must be construed as following such city
limits;
4. Boundaries indicated as following railroad lines must be construed to be midway between the main
track or rails;
5. Boundaries indicated as following the centerline of streams, rivers, canals or ditches must be construed
to follow such centerlines; and
6. Boundaries indicated as parallel to or extensions of features indicated on the official zoning map must
be determined by the scale of the map.
7. 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.
B. Where physical or cultural features existing on the ground are at variance with those shown on the official
zoning map, or where other circumstances or controversy arise over district boundaries, the community
development director must interpret the district boundary. Such interpretation is subject to appeal as set
forth in division 38.250 in this chapter.
C. Where district boundaries divide a lot or parcel into two or more districts, the following rule applies:
For the purpose of determining permitted uses and development form and intensity, the community development
director may allow minor adjustments (up to ten percent 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 site topography, proximity of non-compatible uses adjacent to the subject property, and
overall function and integration of the development with the community.
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Sec. 38.300.060. Zoning of annexed territory.
A. All territory which may hereafter be 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 city zoning district.
B. Areas of annexed public right-of-way must be considered to be zoned according to the provisions of section
38.300.040.A. The city commission must determine the appropriate zoning for any and all areas to be
annexed to the city but must request a recommendation from the zoning commission and must take into
consideration the city growth policy. Any ordinance adopting such zoning amendment must not take effect
prior to the effective date of such annexation.
Part 2. Zoning District Intent and Purpose Statements
Sec. 38.300.100. Residential zoning districts—Intent and purpose.
The intent and purpose of the residential zoning districts is to establish areas within the city that are
primarily residential in character and to set forth certain minimum standards for development within those areas.
The residential districts also allow complementary non-residential uses. The purpose in having more than one
residential district is to provide opportunities for a variety of housing types and arrangements within the
community while providing a basic level of predictability. There is a presumption that the uses set forth for each
district will be compatible with each other when the standards of this chapter are met and any applicable conditions of approval have been satisfied. The presumption of compatibility may be overcome by a showing of
specific evidence through the development review process that proves a development to be non-compliant with
applicable standards.
Additional requirements for development apply within overlay districts. All development is subject to section
38.100.050. Residential density is correlated with many community goals and objectives that are contained in the
city's adopted growth policy, as well as many standards and purposes of this chapter. Section 38.320.020 and
Table 38.320.030 sets standards for minimum densities in residential districts which will advance these goals,
objectives, and purposes.
A. Residential suburban district (R-S). This district is not available for newly created subdivisions,
undeveloped land, or any land annexed into the city on or after January 1, 2018. The intent and
purpose of the R-S residential suburban district is to commemorate and preserve existing RS zoning
only. These purposes are accomplished by:
1. Allowing permitted uses in circumstances where environmental constraints limit the desirable
density.
2. Providing for a minimum lot size in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and housing types in newly
developed areas.
B. Residential low density district (R-1). The intent of the R-1 residential low density district is to provide
for primarily single-household residential development and related uses within the city at urban
densities. These purposes are accomplished by:
1. Providing for a minimum lot size in developed areas consistent with the established development
patterns while providing greater flexibility for clustering lots and housing types in newly
developed areas.
2. Providing for such community facilities and services as will serve the area's residents while
respecting the residential character and quality of the area.
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C. Residential moderate density district (R-2). The intent of the R-2 residential moderate density district is
to provide for one- and two-household residential development at urban densities within the city in
areas that present few or no development constraints. These purposes are 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 housing types in newly
developed areas.
2. Providing for community facilities to serve such development while respecting the residential
quality and nature of the area.
Use of this zone is appropriate for areas with moderate access to parks, community services and/or
transit.
D. Residential medium density district (R-3). 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.
E. Residential high density district (R-4). The intent of the R-4 residential high density district is to provide
for high-density residential development through a variety of housing types within the city with
associated service functions. 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 compatible housing types, including single and multi-household
dwellings to serve the varying needs of the community's residents.
3. Allowing office use as a secondary use, measured by percentage of total building area.
Use of this zone is appropriate for areas adjacent to mixed-use districts, commercial districts, and/or
served by transit to accommodate a higher density of residents in close proximity to jobs and services.
F. Residential mixed-use high density district (R-5). The intent of the R-5 residential mixed-use high
density district is to provide for high-density residential development through a variety of compatible
housing types and residentially supportive commercial uses in a geographically compact, walkable area
to serve the varying needs of the community's residents. These purposes are accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to serve
the varying needs of the community's residents.
2. Allowing offices and small scale retail and restaurants as secondary uses provided special
standards are met.
Use of this zone is appropriate for areas adjacent to mixed-use districts and/or served by transit to
accommodate a higher density of residents in close proximity to jobs and services.
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G. Residential-office district (R-O). The intent of the R-O residential-office district is to provide for and
encourage the development of multi-household and apartment development and compatible
professional offices and businesses that would blend well with adjacent land uses. These purposes are
accomplished by:
1. Providing for a mixture of housing types, including single and multi-household dwellings to serve
the varying needs of the community's residents.
Use of this zone is appropriate for areas characterized by office or multi-household development;
and/or areas along arterial corridors or transitional areas between residential neighborhoods and
commercial areas.
H. Residential manufactured home community district (RMH). The intent of the RMH residential
manufactured home community district is to provide for manufactured home community development
and directly related complementary uses at a density and character compatible with adjacent
development. Use of this zone is appropriate for existing mobile home parks and areas adjacent to
commercial or mixed-use districts and/or served by transit.
(Ord. No. 2104, § 12, 9-27-2022)
Sec. 38.300.110. Commercial and mixed-use zoning districts—intent and purpose.
The intent and purposes of the commercial zoning districts are to establish areas within the city that are
primarily commercial in character and to set forth certain minimum standards for development within those areas.
The purpose in having more than one commercial district is to provide opportunities for a variety of employment
and community service opportunities within the community, while providing predictability. There is a rebuttable
presumption that the uses set forth for each district will be compatible with each other both within the individual
districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions
of approval have been satisfied. Additional requirements for development apply within overlay districts.
A. Neighborhood business district (B-1). The intent of the B-1 neighborhood business district is to provide
for smaller scale retail and service activities frequently required by neighborhood residents on a day to
day basis, as well as residential development as a secondary purpose, while still maintaining
compatibility with adjacent residential land uses. Design standards emphasizing pedestrian oriented
design are important elements of this district. Use of this zone is appropriate for areas functioning as a
center for surrounding residential neighborhoods.
B. Community business district (B-2). The intent of the B-2 community business district is to provide for a
broad range of mutually supportive retail and service functions located in clustered areas bordered on
one or more sides by limited access arterial streets. Multi-household dwellings, townhouses, and
apartments are allowed as a secondary use due to their complementary nature and ability to enhance
the walkability of these districts. Design standards emphasizing pedestrian oriented design are
important elements of this district. Use of this zone is appropriate for arterial corridors, commercial
nodes, and/or areas served by transit.
C. Community business district-mixed (B-2M). The intent of the B-2M community business district-mixed
is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the
character of the city. This district provides for a range of commercial uses that serve both the
immediate area and the broader trade area and encourages the integration of multi-household
residential as a secondary use. Design standards emphasizing pedestrian oriented design are important
elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or
areas served by transit.
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D. Downtown district (downtown B-3). The intent of the downtown B-3 business district is to provide a
central area for the community's business, government service and cultural activities with urban
residential development as an essential supporting use. The downtown B-3 district should be the area
of greatest density of development, intensity of use, and appropriate infill. Design standards
reinforcing the area's historical pedestrian-oriented context are very important.
This district encourages high volume, pedestrian-oriented uses in ground floor space in the "core area"
of the city's central business district, i.e., along Main Street from Grand to Rouse and to the alleys one-
half block north and south from Main Street. Lower volume pedestrian uses such as professional
offices may locate on ground floor space in the downtown B-3 area outside the above-defined core.
E. Urban mixed-use zoning district (UMU) The intent and purposes of the UMU urban mixed-use district
are to establish areas within the city that are mixed-use in character, and to set forth certain minimum
standards for development within those areas which encourage vertical mixed-use development with
high density. The purpose in having an urban mixed-use district is to provide options for a variety of
employment, retail and community service opportunities within the community, with incorporated
opportunity for some residential uses, while providing predictability in uses and standards to
landowners and residents. There is a rebuttable presumption that the uses set forth for each district
will be compatible both within the individual districts and with adjoining zoning districts when the
standards of this chapter are met and any applicable conditions of approval have been satisfied.
Additional requirements for development apply within overlay districts.
1. It is the further the intent of this district to:
a. Allow complementary land uses which encourage mixed uses on individual floors including,
but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation
and civic uses, and housing, to create economic and social vitality and to encourage the
linking of trips;
b. Foster the development of vertically oriented mixed uses, in contrast to single use
development distributed along high vehicle capacity roadways;
c. Encourage development that exhibits the physical design characteristics of vibrant, urban,
pedestrian-oriented, storefront-style shopping streets with pedestrian amenities;
d. Provide roadway and pedestrian connections to residential areas;
e. Provide appropriate locations and design standards for automobile and truck-dependent
uses;
f. Create central urban gathering places such as community squares or plazas;
g. Allow for urban oriented recreational activities consistent with the standards and intent of
the district; and
h. To encourage and support the use of sustainable building practices.
2. To accomplish the intent of the district, the UMU district should ideally be located at the
intersections of major traffic corridors; that is, at the intersections of two arterials, or, less
frequently, an arterial and a collector street. The major intersections should have or be planned
to have a stop light or other active traffic control. While placement at major intersections is a
necessary precondition, not all major intersections should have the UMU district adjacent to
them. Additionally, placement of this district should be adjacent or near to dense residential
development to enhance walking and bicycle use.
F. Residential emphasis mixed-use zoning district (REMU). The intent and purpose of the REMU district is
to establish areas within Bozeman that are mixed-use in character and to provide options for a variety
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of housing, employment, retail and neighborhood service opportunities within a new or existing
neighborhood. These purposes are accomplished by:
1. Emphasizing residential as the primary use, including single household dwellings, two to four
household dwellings, townhouses, and apartments.
2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting
residential.
3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood
setting.
4. Promoting neighborhoods that:
a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles;
b. Support compact, walkable developments that promote balanced transportation options;
c. Have residential as the majority use with a range of densities;
d. Provide for a diverse array of commercial and civic uses supporting residential;
e. Have residential and commercial uses mixed vertically and/or horizontally;
f. Locate commercial uses within walking distance;
g. Incorporate a wider range of housing types; and
h. Encourage developments that exhibit the physical design characteristics of vibrant, urban,
and pedestrian-oriented complete streets.
5. Providing standards and guidelines that emphasize a sense of place:
a. Support or add to an existing neighborhood context;
b. Enhance an existing neighborhood's sense of place and strive to make it more self-
sustainable;
c. Encourage a new neighborhood commercial center(s) with a unique identity and strong
sense of place;
d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to
pedestrians; and
e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle
travel, transit, on-street parking and physical elements of complete streets.
6. Providing standards and guidelines that emphasize natural amenities:
a. Preserve and integrate the natural amenities into the development; and
b. Appropriately balance a hierarchy of both parks and public spaces that are within the
neighborhood.
7. Providing standards and guidelines that emphasize the development of centers:
a. Group uses of property to create vibrant centers;
b. Where appropriate create a center within an existing neighborhood;
c. Facilitate proven, market driven projects to ensure both long and short-term financial
viability;
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d. Allow an appropriate blend of complementary mixed land uses including, but not limited
to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses,
and housing, to create economic and social vitality;
e. Foster the master plan development into a mix of feasible, market driven uses;
f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater
Bozeman area; and
g. Maximize land use efficiency by encouraging shared use parking.
8. Promoting the integration of action:
a. Support existing infrastructure that is within and adjacent to REMU zones;
b. Encourage thoughtfully developed master planned communities;
c. Provide flexibility in the placement and design of new developments and redevelopment to
anticipate changes in the marketplace;
d. Provide flexibility in phasing to help ensure both long and short term financial viability for
the project as a whole;
9. Providing standards and guidelines that promote sustainable design
Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an
existing or planned residential area to help sustain commercial uses within walking distance and a
wider range of housing types.
G. Northeast historic mixed-use district—intent and purpose.
1. The intent of the northeast historic mixed-use district is to provide recognition of an area that
has developed with a blend of uses not commonly seen under typical zoning requirements. The
unique qualities and nature of the area are not found elsewhere in the city and should be
preserved as a place offering additional opportunities for creative integration of land uses. The
intent of this area is to allow private and case-by-case determination of the most appropriate use
of land in a broad range of both non-residential and residential uses. Standards for buffering
between different land uses are deliberately not as high as standards elsewhere in the
community as it is assumed that persons choosing to locate in this area are aware of the variety
of possible adjacent land uses and have accepted such possibilities as both acceptable and
desirable. It is expected that the lots within this district will continue to develop under a variety
of uses which may increase or decrease in scope in any given portion of the district.
2. The clear intent of this district is to support a mix and variety of non-residential and residential
uses. Nothing in division 38.300 of this article shall be interpreted to be discouraging or
prejudicial to any listed use except as set forth as principal and special uses.
(Ord. No. 2124, § 20, 10-18-2022)
Sec. 38.300.120. Industrial zoning districts—Intent and purpose.
The intent and purpose of the industrial zoning districts is to establish areas within the city that are primarily
industrial in character and to set forth certain minimum standards for development within those areas. The
purpose in having more than one industrial district is to provide opportunities for a variety of employment and
community service functions within the community while providing predictability. There is a rebuttable
presumption that the uses set forth for each district will be compatible with each other when the standards of this
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chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for
development apply within overlay districts.
A. Light manufacturing district (M-1). The intent of the M-1 light manufacturing district is to provide for
the community's needs for wholesale trade, storage and warehousing, trucking and transportation
terminals, light manufacturing and similar activities. The district should be oriented to major
transportation facilities yet arranged to minimize adverse effects on residential development,
therefore, some type of screening may be necessary.
B. Manufacturing and industrial district (M-2). The intent of the M-2 manufacturing and industrial district
is to provide for heavy manufacturing and industrial uses, servicing vocational and employment needs
of city residents.
C. Business park district (B-P). The intent of the B-P business park district is to provide for high quality
settings and facilities for the development of a variety of compatible employment opportunities. These
areas should be developed so as to recognize the impact on surrounding or adjacent development and
contribute to the overall image of the community. Compatibility with adjacent land uses and zoning is
required.
Sec. 38.300.130. Public lands and institutions district—Intent.
The intent of the PLI public lands and institutions district is to provide for major public and quasi-public uses
outside of other districts. Not all public and quasi-public uses need to be classified PLI. Some may fit within another
district; however, larger areas will be designated PLI.
DIVISION 38.310. PERMITTED USES
Sec. 38.310.010. Interpretation of land use tables.
A. Uses in the various districts are depicted in Tables 38.310.030—38.310.040. Principal uses are indicated with
a "P," special uses are indicated with a "S", accessory uses are indicated with an "A" and uses which are not
permitted within the district are indicated by a "-."
B. Additional uses for wireless facilities are contained in sections 38.370.010 to 38.370.040.
C. The uses listed are deliberately broad and some are given special definitions in article 7 of this chapter. The
intent of this method is to provide general guidance for uses while allowing the unique needs and
circumstances of each proposal to be specifically addressed through the review process. Some uses are the
subject of special regulations contained in division 38.360 of this article.
D. Clarification of permitted uses and special conditions:
1. If a * appears after the use, then the use is defined in article 7.
2. Where a code section is referenced after the use, then the use is subject to the additional standards in
that code section.
3. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the use
is subject to all applicable development conditions.
4. Where a number with a "sf" reference appears below a P or S in the box, it means that the use is
permitted up to the (maximum) listed square footage in gross building area.
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5. If more than one letter-number combination appears in the box (e.g., P2, 3 ), the use is allowed in the
zone subject to different sets of limitations or conditions depending on the review process indicated by
the letter, the general requirements of the code and the specific conditions indicated in the
development condition with the corresponding number immediately following the table.
(Ord. No. 2124, § 21, 10-18-2022)
Sec. 38.310.020. Classification of uses; community development director and city commission
authority.
A. When a use is not clearly defined or otherwise identified in the code so that it may be determined if it is
allowed within a district the community development director must determine the appropriate classification
of a particular use. In making this determination, the community development director must find:
1. That the use is the same as one or more uses permitted in the district wherein it is proposed to be
located; or
2. That the use is so similar to one or more uses permitted in the district wherein it is proposed to be
located as to be interpreted as the same, so long as:
a. The use and its operation are comparable with the uses permitted in the district wherein the use
is proposed to be located, in terms of:
i. The amount, type, and pattern of vehicular traffic anticipated for the use, and
ii. The expected outdoor uses and activities associated with the use;
b. The use will not cause substantial injury to values of property in the neighborhood or district
wherein it is proposed to be located; and
c. Neither the intent of this chapter nor the intent of the district will be abrogated by such
classification.
Persons objecting to a decision of the community development director regarding a classification of a use carry the
burden of proof to establish error in the decision.
B. If a question arises concerning the appropriate classification of a particular use, the community development
director may submit the question to the city commission to determine whether the particular use is the
same or so similar as to be interpreted the same as a listed permitted or special use. In making such a
determination, the city commission must find that the criteria set forth in either subsection A.1 or 2 of this
section are met.
C. If a specific use is not listed and cannot be interpreted to be the same, or so similar as to be interpreted the
same, as a listed accessory, principal or special use, the use must not be allowed. However, an amendment
to the text of this chapter may be submitted for review and approval pursuant to the requirements of this
chapter to allow such use as a listed principal, special, or accessory use (as defined in division 38.700).
(Ord. No. 2124, § 21, 10-18-2022)
Sec. 38.310.030. Authorized uses—Residential zoning districts.
Table 38.310.030.A
Permitted general and group residential uses in residential zoning districts
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Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7. 3. Where a code section is referenced after the use, then the use is subject to the additional standards specific
to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described
in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
General residential
Accessory dwelling units*
- attached or detached
(38.360.040)
P P P P P P P —
Apartments/apartment
building*
— — — — P P P —
Apartments/apartment
building*
— — — — P P P —
Apartment building,
limited (38.360.070)
— — — P P P P —
Cottage housing
(38.360.120)*
P P P P P P P P
Manufactured homes on
permanent
foundations(38.360.170)*
P P P P P P P P
Manufactured home
communities*
— — — — — — — P
Single-household
dwelling (38.360.220)
P P P P P P P P
Two-household dwelling
(38.360.220)
— — P P P P P —
Three household dwelling
or four-household
dwelling (38.360.220)
— — — P P P P —
Townhouses* &
rowhouses* (two
attached
units)(38.360.250)
— — P P P P P —
Townhouses* &
rowhouses* (five
attached units or less)
(38.360.250)
— — — P3 P P P —
Townhouses* &
rowhouses* (more than
five attached units)
(38.360.250)
— — — — P P P —
Group residential
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Community residential
facilities* with eight or
fewer residents
P P P P P P P P
Community residential
facilities* serving nine or
more residents
— — — S P P P —
Cooperative household* S S S P P P P S
Family day care home* P P P P P P P P
Group day care home* P P P P P P P P
Group living
(38.360.135)*
P P P P P P P P
Lodging houses* — — — S P P P —
Transitional and
emergency housing
(38.360.140)* and related
services
S S S S S S S S
Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by
the underlying growth policy land use designation. Where the district lies over a residential growth
policy designation the primary use shall be non-office uses; where the district lies over a non-
residential designation the primary use shall be office and other non-residential uses. Primary use shall
be measured by percentage of building floor area.
2. In the R-3 district, townhouse groups must not exceed 120 feet in total width.
Table 38.310.030.B
Permitted accessory and non-residential uses in residential zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional standards specific
to the subject use in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s) described
in the footnotes immediately following the table.
Uses Zoning Districts
R-S R-1 R-2 R-3 R-4 R-5 R-O1 RMH
Accessory uses
Essential services
Type I*
A A A A A A A A
Guest house* A A A A A A A —
Home-based
businesses
(38.360.150)*
A/S A/S A/S A/S A/S A/S A/S A/S
Other buildings and
structures typically
A A A A A A A A
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accessory to
authorized uses
Private or jointly
owned recreational
facilities
A A A A A A A A
Signs*, subject to
article 5 of this
chapter
A A A A A A A A
Temporary
buildings and yards
incidental to
construction work
A A A A A A A A
Temporary sales
and office buildings
A A A A A A A A
Non-residential uses
Agricultural uses*
on 2.5 acres or
more (38.360.270)
P — — — — — — —
Agricultural uses*
on less than 2.5
acres (38.360.270)
S — — — — — — —
Bed and breakfast* S S S S P P P —
Commercial stable
(38.360.230)
S — — — — — — —
Community
centers*
S S S S S S P S
Day care centers* S S S P P P P S
Essential services
Type II*
P P P P P P P P
Essential services
Type III*2
S S S S S S S S
Short Term Rental
(Type 1)*
A A A A A A A —
Short Term Rental
(Type 2)*
— — A A A A A —
General service
establishment*
— — — — — — P5 —
Golf courses S S — — — — — —
Offices* — — — — S3 S3 P —
Public and private
parks
P P P P P P P P
Medical offices,
clinics, and centers*
— — — — S S3 P —
Recreational vehicle
parks (38.360.210)*
S — — — — — — P
Restaurant* — — — — — P4 P5, 6 —
Retail* — — — — — P4 P5, 6 —
Veterinary uses S — — — — — — —
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Notes:
1. The primary use of a lot, as measured by building area, permitted in the R-O district is determined by
the underlying growth policy land use designation. Where the district lies over a residential growth
policy designation the primary use shall be non-office uses; where the district lies over a non-
residential designation the primary use shall be office and other non-residential uses. Primary use shall
be measured by percentage of building floor area.
2. Only allowed when service may not be provided from an alternative site or a less intensive installation
or set of installations.
3. Only when in conjunction with dwellings.
4. Subject uses are limited to 2,500 square feet of gross floor area and only allowed on street corner sites
within a mixed-use building featuring residential units next to and/or above subject uses.
5. Subject uses are limited to 1,500 square feet of gross floor area per individual tenant.
6. These uses may not include drive-through facilities.
(Ord. No. 1997, § 2, 3-19-2018; Ord. No. 2041, § 1, 9-17-2020; Ord. No. 2044, § 1, 9-17-2020; Ord. No. 2059, §§ 1,
3, 1-26-2021; Ord. No. 2104, § 14, 9-27-2022; Ord. No. 2105, § 3, 9-27-2022; Ord. No. 2124, § 21, 10-18-2022; Ord.
No. 2149, § 3, 11-14-2023)
Sec. 38.310.040. Authorized uses—Commercial, mixed-use, and industrial zoning districts.
Table 38.310.040.A
Permitted general sales uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or S in the box, it means that the use is
permitted up to the (maximum) listed square footage in gross building area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU2 BP M-
1
M-
2
General sales
Automobile fuel
sales or repair
(38.360.080)*
S S S S S S P — P P —
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Convenience uses
(38.360.110)*
— P P P P P P — — — —
Heavy retail
establishment
(Retail, large scale -
38.360.160)*
— P P S P S P — P P —
Restaurants* P3 P P P P P P 1,500
sf
— P3 P3 —
Retail*
• 0-5,000sf GFA P4 P4 P4 P4 P4 P4,5 A6 /S7 A6 A6
/S7
A6
/S7
—
• 5,001-24,999sf
GFA
— P4 P4 P4 P4 P4,5 A6 /S7 A6 A6
/S7
A6
/S7
—
• 25,000sf-
39,999sf GFA
— P4 P4 P4 P4 — A6 /S7 A6 A6
/S7
A6
/S7
—
• Over 40,000sf
GFA (Retail, large
scale -
38.360.160)*
— P4 P4 — S4 — — — — — —
Sales of alcohol for
on-premises
consumption
(38.360.060)
S8 S8 S8 S8 S8,9 S8,9 S8 — S8 S8 —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in
this table).
3. Occupying not more than 20 percent of the gross floor area of a building or 1,500 square feet, whichever is less, or occupying not more than 45 percent of the gross floor area of a food processing facility.
4. Excluding adult businesses as defined in section 38.700.020 of this chapter.
5. Special REMU district conditions based on the amount of on-site retail uses:
a. Retail uses greater than 5,000 square feet and less than or equal to 12,000 square feet are limited to no more than four structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C.
b. Retail uses greater than 12,000 square feet and less than or equal to 25,000 square feet are limited to no more than two
structures per 100 acres of contiguous master planned development and subject to section 38.310.060.C.
6. Retail sales of goods produced or warehoused on site and related products, not to exceed 20 percent of gross floor area or 10,000 square feet, whichever is less.
7. Retail establishments as a primary use require a special use permit.
8. Also subject to chapter 4, article 2.
9. No gaming allowed.
Table 38.310.040.B Permitted services and temporary lodging uses in commercial, mixed-use, and industrial zoning districts
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Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or S in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU2 BP M-1 M-2
Personal and general service
Animal shelters — — — — — — S — S S —
Automobile
washing
establishment*
— P P P S S P — P P —
Daycare—
Family, group,
or center*
P P P P3 P P P/A4 P/A4 S/A4 S/A4 P
General service
establishment*
P P P P P P P P P S —
Health and
exercise
establishments*
P P P P P P P S/A4 P P —
Heavy service
establishment*
— P P S P S P — P P —
Medical and
dental offices,
clinics and
centers*
P P P P3 P P P P P P —
Mortuary — S S S S — — — — — —
Offices* P P P P3 P P P P5 P P —
Personal and
convenience
services*
P P P P P P A A A A —
Truck repair,
washing, and
fueling services
— — — — — — S — S P —
Temporary lodging
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Bed and
breakfast*
— — — — — P S — — — —
Short Term
Rental (Type
1)*
— A A A A A A — — — —
Short Term
Rental (Type
2)*
— A A A A A A — — — —
Hotel or motel* — P P P P P
40,000sf
P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (see table 38.310.030 for those not listed in
this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue
to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. If primarily offering services to a single business or group of businesses within the same building or building complex.
5. Professional and business offices only.
Table 38.310.040.C
Permitted residential uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU2 BP M-
1
M-
2
General residential
Accessory dwelling
unit (38.360.040)
— — — — — P P — — — —
Apartments*3 P4 P4 P5 P5 P P A6 — A6 A6 —
Apartment
buildings*3
— S P P5 P P — — — — —
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Cottage housing*
(38.360.120)
— — — — — P — — — — —
Single household
dwelling
(38.360.220)
— — — — — P P — — — —
Three household
dwelling or four-
household
dwelling
(38.360.220)
— — — — — P — — — — —
Townhouses*3 &
rowhouses*
(38.360.250)
— S7 P7 P7 — P8 P — — — —
Two-household
dwelling
(38.360.220)
— — — — — P P — — — —
Live-work units* P P P P P P P — — — —
Ground floor
residential
S P5 P5 — — — — — — —
Group residences
Community
residential
facilities with eight
or fewer
residents*
P4 P4,
5
P4,
5
P4,
5
P4, 5 P P — — — —
Community
residential
facilities serving
nine or more
residents*
- S S — P P — — — — —
Cooperative
household*
— — — — — P S — — — —
Group living
(38.360.135)*
P4 P4 P5 P4 — P P — — — —
Lodging houses* — S S5 S3 P P — — — — —
Transitional and
emergency
housing and
related services
(38.360.140)*
— S S S S S S S S — S
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
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2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this
table).
3. May be subject to the provisions of chapter 38, article 380.
4. When located on the second or subsequent floor, or basement as defined in section 38.700.030 of this chapter. Lobbies
associated with residential uses are allowed on the ground floor.
5. Non-residential uses (except for lobbies associated with residential uses) are required on the ground floor to a minimum depth of 20 feet from front building façade on properties adjacent to designated storefront streets per section 38.500.010.
6. For the purpose of this section, accessory means less than 50 percent of the gross floor area of the building, and not located on
the ground floor.
7. Five or more attached units.
8. Five or fewer attached units.
Table 38.310.040.D
Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-
2
B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU2 BP M-
1
M-
2
Industrial and Wholesale
Junk salvage or
automobile
reduction/salvage
yards
— — — — — — — — — S —
Manufacturing,
artisan*
P P P P3 P P P P P P —
Manufacturing
(light)*
— S S S3 P4 P5 P P4 P4 P —
Manufacturing
(moderate)*
— S S — — — P P P P —
Manufacturing
(heavy)*
— — — — — — — — S P —
Outside storage — — — — — — P A P P —
Refuse and
recycling
containers
A A A A A A A A A A —
Warehousing* — — — — — — P — P P —
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Warehousing,
residential storage
(mini warehousing)
(38.360.190)*
— — — — — — P — P P —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless
visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet
from the front building façade adjacent to a street.
4. Completely enclosed within a building.
5. Limited to 5,000 square feet in gross floor area.
Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
Table 38.310.040.E
Permitted public, regional, recreational, cultural and accessory uses in commercial, mixed-use, and industrial
zoning districts
Table clarifications:
1. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. Where a code section is referenced after the use, then the use is subject to the additional
standards in that code section.
4. If a number appears in the box, then the use may be allowed subject to development condition(s)
described in the footnotes immediately following the table. If there are multiple numbers, then the
use is subject to all applicable development conditions.
5. Where a number with a "sf" reference appears below a P or S in the box, it means that the use is
permitted or conditionally permitted up to the (maximum) listed square footage in gross building
area.
Uses Zoning Districts
Commercial Mixed Use Industrial PLI
B-
11
B-2 B-
2M
B-
3
UMU
(38.310.050)
REMU
(38.310.060)
NEHMU2 BP M-
1
M-
2
Public, educational, government and regional
Business, trade,
technical or
vocational
school
— P P P3 P P P P P P —
Cemeteries* — — — — — — — — — — P
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Essential
services
(38.360.130)
• Type I A A A A A A A A A A A
• Type II P P P P3 P P P P P P P
• Type III S4 P P S3,
4
S S4 P P P P P
Meeting hall — P P P P P — — — — —
Production
manufacturing
and generation
facilities
(electric and
gas)
— — — — — — — — — S —
Public and
nonprofit, quasi-
public
institutions, e.g.
universities,
elementary
junior and
senior high
schools and
hospitals
— — — — — — — — — — P
Public buildings
and publicly
owned land
used for parks,
playgrounds and
open space
P— P— P P P P P P P P P
Solid waste
transfer station
— — — — — — — — — S P
Solid waste
landfill
— — — — — — — — — — S
Truck, bus and
rail terminal
facilities
— — — — — — P — P P —
Recreational, cultural and entertainment
Adult business
(38.360.050)*
— — — — — — — — P P —
Amusement and
recreational
facilities
— P P — P — P — P S —
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Arts and
entertainment
center*
P P P P P P
12,000sf
— — — — —
Casinos — — — — — — — — S S —
Community
centers
(38.360.090)*
P P P P P P P P P P P
Accessory and/or other uses
Agricultural
uses*
— — — — — — — — — P —
Home-based
businesses
(38.360.150)*
A A A A A A A A A A —
Other buildings
and structures
(typically
accessory to
permitted uses)
A A A A A A A A A A A
Temporary
buildings and
yards incidental
to ongoing
construction
work
— — — — — — A A A A —
Notes:
1. In the B-1 district, the footprint of individual buildings must not exceed 5,000 square feet.
2. Authorized uses in the NEHMU district include those uses allowed in the R-2 district (some of which aren't addressed in this
table).
3. Use not allowed on the ground floor of buildings in the downtown core (those properties along Main Street from Grand Avenue
to Rouse Avenue and from the alley one-half block north of Main Street to the alley one-half block south of Main Street) unless visitor access is available from an alley and another use not subject to this footnote is present to a minimum depth of 20 feet from the front building façade adjacent to a street.
4. Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations.
5. Also excludes retail, large scale uses.
Additional uses for telecommunication facilities are provided for in division 38.370 of this article.
(Ord. No. 1997, § 2, 3-19-2018; Order No. 2018-01, § 5, 4-18-2018; Ord. No. 2019, § 1, 6-3-2019; Ord. No. 2029, §
8, 12-18-2019; Ord. No. 2046, §§ 1—3, 9-17-2020; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2104, § 15, 9-27-2022;
Ord. No. 2124, § 21, 10-18-2022; Ord. No. 2149, § 4, 11-14-2023)
Sec. 38.310.050. Supplemental use provisions for the urban mixed-use zoning district.
Mixed uses required and limited:
A. Development must include a mix of uses.
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B. Uses must be grouped as commercial, industrial, office, institutional, and residential. A combination of
at least two different groups of uses must be provided within each site plan.
C. No use group must exceed 70 percent of the total gross building floor area in the entire site
development. Multiple buildings may be shown on a single site plan as allowed in division 38.230 of
this chapter. For the purposes of calculating the percentage of a use within the site development the
gross square foot floor area of building for each use must be utilized. Single use buildings are allowed
provided the entire site meets the required use mix standard.
D. At least 70 percent of the ground level block frontages (see division 38.510) must be occupied by non-
residential uses. To meet this requirement, the depth of non-residential floor area must be at least 20
feet deep. Ground level lobbies for residential uses on upper floors may qualify as a non-residential use
for the purpose of this standard provided such lobby occupies no more than 50 feet of the block
frontage. Structured parking is classified as a non-residential use. Structured parking at the ground
level must include liner buildings of usable proportions along at least 40 percent of the building façades
facing a street or greenway.
Sec. 38.310.060. Supplemental use provisions for the residential emphasis mixed-use zoning
district.
A. Uses required and limited.
1. REMU districts are intended to be developed with a mix of uses that encourage a range of building
types, scales, densities, and site configurations.
2. Developments are encouraged to include non-residential uses, especially commercial and
neighborhood support services, mixed horizontally and/or vertically, to promote compact, walkable
and sustainable neighborhoods.
3. Non-residential uses must not exceed 30 percent of the total gross building square footage of all uses
within the master planned area unless otherwise allowed in this section, through a master site plan
review.
4. For the purposes of calculating the percentage of a use within the master planned area, the gross
square foot floor area of building for each use must be utilized.
5. The specific method of tracking will be determined during the master site plan or site plan review.
6. Home-based businesses are not considered non-residential uses and must not be limited by the
provisions of the section.
7. Non-residential uses intended for public benefit and shared public amenities must not be limited by
the provisions of this section. These uses include, but are not limited to, schools, parks, community
centers, city operated services and structured parking facilities.
B. Development review applications.
1. To accomplish the intent of the district, the REMU district is anticipated to be located on sites five acres
or larger. Development review applications for sites in the REMU district greater than, or equal to, five
acres will first be subject to review as a master site plan per article 2 of this chapter.
2. 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 division 38.230 of this
chapter.
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3. All development review applications for property in the REMU district smaller than five acres are
subject to the standards in this article and may be subject to review as a master site plan per division
38.230 of this chapter upon a finding by the city that:
a. The development application is for a site considered a major infill site, having a significant impact
on an existing neighborhood; or may create a center within an existing neighborhood;
b. The proposed development is located at an intersection deemed to have special significance;
c. The proposed development may have a significant impact on existing transportation and open
space network, pedestrian and bicycle travel; and/or
d. The proposed development requires a multi-year approval and multiple phases for completion.
(Ord. No. 2104, § 27, 9-27-2022)
DIVISION 38.320. FORM AND INTENSITY STANDARDS
Sec. 38.320.010. Interpretation of tables.
A. The form and intensity standards tables within this division include the form and intensity requirements for
development specific to individual zoning districts. The zoning districts are located on the vertical columns
and the form/intensity elements being addressed are located on the horizontal row of these tables. Where a
"-" is listed in a cell, it means that the use type or standard does not apply to the district.
B. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set
forth in that section or chapter.
C. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
D. Division 38.350 provides clarification and exceptions to the form and intensity standards herein.
Sec. 38.320.020. Form and intensity standards elements.
A. Lot area and width.
1. All lots must have a minimum area as set forth in the form and intensity standards tables within this
division and the more restrictive applies. These minimums assume a lack of development constraints.
All newly created lots must have a minimum area adequate to provide for required setbacks and
parking as set forth in the tables within this division Lots less than 3,000 square feet, or less than 25
feet wide may be limited in their ability to comply with other required standards of the municipal code.
2. All lots must have a minimum width as set forth in the form and intensity standards tables within this
division. These minimums assume a lack of development constraints. All lots must conform to
development standards for provision of public and private utilities.
3. Lot area and width may be reduced to allow a density bonus through the PUD process. The amount of
a bonus, methodology for calculating the bonus, and standards for allowing a bonus are described in
section 38.430.090.E.2.b(6).
B. Minimum density. New residential development must provide a minimum net density in applicable zones, as
set forth in the form and intensity standards tables within this division. A minimum is required to support
efficiency in use of land and provision of municipal services, and to advance the purposes and goals of this
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chapter and the adopted growth policy. Density may be achieved by averaging lot sizes over an entire
development.
C. Lot coverage and floor area.
1. Maximum lot coverage by principal and accessory buildings are set forth in the form and intensity
standards tables within this division.
2. Minimum floor area requirements for each dwelling in all districts are that area required by the city's
adopted International Building Code.
3. Maximum floor area ratios (FAR) must not exceed the ratios set forth in the form and intensity
standards tables within this division. FAR refers to the total floor area of all buildings or structures
(excluding basements) on a lot divided by the size of the lot.
Figure 38.320.020.C
Clarification of floor area ratio and lot coverage.
D. Maximum building height for each district are set forth in the form and intensity standards tables within this
division.
E. Minimum setbacks.
1. Minimum setbacks for each district are set forth in the form and intensity standards tables within this
division.
2. When a lot has one or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line, a setback from the property line equal to that for a rear setback
must be provided.
3. All setbacks are subject to the provisions of sections 38.340.060, 38.350.050, 38.410.100, 38.400.100
and 38.550.050.
4. Setbacks for accessory structures are set forth in section 38.360.030.
5. Easements for utilities or other special standards may require adjustments to minimum building
setbacks.
F. All developments except single to four-household dwellings are subject to the block frontage standards of
division 38.510, which provides standards for building placement and related block frontage provisions
depending on the applicable block frontage designation.
(Order No. 2018-01, § 6, 4-18-2018)
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Sec. 38.320.030. Form and intensity standards—Residential districts.
Table 38.320.030.A
Minimum and maximum lot area
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Minimum area in a lot per dwelling (square feet)1
Single-household
dwelling
4,000 4,000 4,000 4,000 4,000 3,000 4,000 3,000
Two-household
dwellings
— — 2,5001 2,5001 2,5001 2,500 3,000 —
Lot area per
dwelling in three- or
four-household
dwelling
configurations
— — — 3,000 3,000 None 3,000 —
Townhouses &
rowhouses per
dwelling
— — 3,000 3,0002 3,0002 None 3,0002 —
Apartments—First
Dwelling
— — — — 3,000 None 3,000 —
Apartments—Each
dwelling after the
first
— — — — 1,200 None 1,200 —
Apartments and
Apartment Building,
Limited—First
dwelling
— — — — 5,000 None 5,000 —
Apartments and
Apartment Building,
Limited—Each
dwelling after the
first
— — — — 1,200 None 1,200 —
Apartment Building,
Limited—Each
dwelling
— — — 3,000 — — — —
Additional area
required for an
accessory dwelling
unit
1,0004 1,000 1,000 1,000 1,000 None 1,000 —
All other uses 5,000 5,000 5,000 5,000 5,000 None 5,000 5,000
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Maximum lot area (net acres) (38.320.020.A)
Residential use — — — 2.53 2.53 2.53 2.53 —
Notes:
1. In order to comply with the standards contained in this chapter, lot area in excess of the required
minimum may be needed (for corner lots, parking, landscaping or large residential structures, for
example), and may be necessary for property adjacent to watercourses, ridgelines, or other
environmental features in order to provide an appropriate buildable area on the lot.
2. For townhouse or rowhouse clusters, the lot area per dwelling may be averaged within the cluster.
3. Departures from the maximum lot size requirements may be allowed where the planned development
fits into the context of the neighborhood and proposed pedestrian and vehicular circulation measures
meet community objectives.
Table 38.320.030.B Minimum lot width (feet)
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set
forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Single-household
dwelling
50 50/401 50/401 50/401 50/351 35/251,2 50/401 50/401
Two household
dwelling
— — 60/501 60/401 50/401 50/401 50/501 —
Accessory dwelling
unit3
50 40 40 40 40 None4 40 —
Accessory dwelling
unit3 on lots with
Townhouses
30 30 30 Width of
interior
units2
Width of
interior
units2
Width of
interior
units2
Width of
interior
units2
—
Dwellings in three- or four-household
dwelling
configurations
- - — 60 60 None2,4 60 —
Townhouses 30 30 30 Width of
interior units,2
Width of
interior units,2
Width of
interior units,2
Width of
interior units,2
—
All other uses 50 50 50 50 50 None2,4 50 50
Notes:
1. When the lot is adjacent to an alley and vehicle access is taken only from that alley.
2. Lot width is subject to section 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
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width and placement, and utilities. Home design and size will be restricted as a result. Mitigation
measures may be required for placement and separation of public and private utilities.
3. Second dwellings in accessory buildings are subject to all restrictions in this chapter relating to
accessory buildings. Lot area and width must be provided as if the dwelling were attached to the
principal use. Dwellings to be developed under this option are subject to section 38.360.040.
4. Lot widths may be variable provided they are sized and shaped sufficient to accommodate permitted
uses and conform to applicable design and density standards.
Figure 38.320.030.1.
Minimum setback to an individual, garage oriented to the street
Table 38.320.030.C
Density, building height, and setbacks
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set
forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Use Type/Standard Zoning District
R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Density, floor area and lot coverage
Density, minimum
(dwellings per net
acre)
(38.320.020.B)
2 5 5 5 8 81 6 5
Lot coverage,
maximum2
(38.320.020.C.1)
25% 40%3 40%3 40%3 50%3 - — 40%3
Floor area ratio,
maximum4
(38.320.020.C.3)
0.45:1 0.5:1 0.75:1 1:1 1.5:1 — 1.5:1 —
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Maximum building height (feet) (38.320.020.E)
Roof pitch in feet R-S R-1 R-2 R-3 R-4 R-5 R-O RMH
Less than 3:12 28 28 30 36 40 505 50 28
3:12 or greater 42 40 40 46 50 605 60 40
Minimum setbacks (feet)(38.320.020.F)
Front setback 156 15 15 15 15 157 15 15
Setback to an
individual garage
oriented to the
street
208 208 208 208 208 208 208 208
Rear setback 206 20 20 20 20 20 20 20
Side setback 56 59 59 59 59 59 59 59
Notes:
1. The minimum density in the R-5 zone is eight dwelling units per "gross" acre.
2. In all residential zoning districts for those lots used to satisfy the requirements of division 38.380, not
more than 60 percent of the lot area can be covered by principal and accessory buildings. When a
larger lot has a portion of its total dwellings subject to the requirements of division 38.380, either
directly or inherited from a previous subdivision, the portion used for those dwellings may have up to
60 percent of the lot area covered by principal and accessory buildings.
3. The maximum lot coverage for townhouses and rowhouses:
a. R-1, R-2, R-3, and RMH districts: 50 percent.
b. R-4 and townhouses complying with affordable housing provisions of division 38.380 of this
chapter: 85 percent.
4. Floor area ratio adjustments:
a. For townhouse developments, the floor area ratio standard applies to all townhouse lots.
Designated common area specifically associated with the townhouses may be used as applicable
site area in determining compliance with the floor area ratio requirement.
b. Dwellings used to satisfy requirements of division 38.380 of this chapter are allowed a 25 percent
increase in allowable floor area ratio.
5. An area, not to exceed a total of ten percent of the building footprint, may extend above the maximum
building height by up to 12 feet. Such elements may include stair or elevator penthouses, service
elements, or habitable area and must be set back from the edge of the building by at least five feet
(see Figure 38.320.030.1 below for an example) to reduce the visibility of such feature.
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Figure 38.320.030.2.
Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided
they occupy no more than ten percent of building's footprint and are setback from the edge of the building by at least five feet to reduce their visibility from the ground level.
6. All barns, stables or permanent corrals must be set back not less than 100 feet from any residence or
public road and not less than 50 feet from any property line.
7. Porches and covered entries in the R-5 district may project as allowed 38.350.050.
8. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to a property
line, unless explicitly authorized otherwise under this chapter.
9. No side setback is required for the interior walls of townhouses.
(Ord. No. 2014, § 2, 6-3-2019; Ord. No. 2019, § 2, 6-3-2019; Ord. No. 2059, § 2, 1-26-2021; Ord. No. 2070, § 1, 6-8-
2021; Ord. No. 2105, § 5, 9-27-2022)
Sec. 38.320.040. Form and intensity standards—Residential emphasis mixed-use zoning
district.
Table 38.320.040
Table of Form and Intensity Standards—
Residential Emphasis Mixed-Use Zoning District
Table clarification:
1. Where a code reference or link appears after the form and intensity topic, the use is subject to standards set
forth in that section or chapter.
2. If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Standard Small-lot
single-
household
Single-
household
Townhouse/rowhouse
townhouse/rowhouse
cluster1
Two to
four
household
dwellings,
group
Mixed use
(residential
over
commercial)
Non-
residential
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living,
apartments
Lot and Floor Area Standards
Minimum lot
area (square
feet)
(38.320.020.A)
2,500 4,0002 None Note3 None —
Minimum lot
width (feet)
(38.320.020.A)
25 40 15.5 Note3 None —
Maximum lot
coverage
(38.320.020.C.1)
75% 50% 75% 75%4 75%4 100%5
Maximum
allowable floor
area ratio
(38.320.020.C.3)
1.5:1 1:1 2.5:1 4:1 0.75:16 Max:
0.5:16
Minimum and Maximum Building Height (feet) (38.320.020.D)
(where only one number is shown in the column, the number must represent the maximum height limit)
Roof pitch: Less
than 3:12
35 35 35 5 stories
maximum
2 stories
minimum &
5 stories
maximum
15 feet
minimum
& 5 stories
maximum Roof pitch: 3:12
or greater but
less than 6:12
38 38 38
Roof pitch: 6:12
or greater but
less than 9:12
40 40 42
Roof pitch:
Equal to or
greater than
9:12
42 42 44
Minimum-Maximum Setbacks (feet) (38.320.020.E)
(where only one number is shown in the column, there is no "maximum" setback)
Front Setback
(minimum and
maximum)
10-15 10-15 10-15 10-15 Note7 Note8
Setback to an individual
garage oriented
to the street
2011 2011 2011 — — —
Rear Setback 10 15 10 10 — —
Rear Setback
Adjacent to an
Alley
6 6 6 6 — —
Side Setback 59 59 510 5 — —
Garages and Special Parking Standards
Residential
garages
Note12 Note12 Note12 Note12 Note12 —
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Special Parking
Standards
— — — Note13 Note6,13,14 Note6,13,14
Notes:
1. Supplemental townhouse/rowhouse cluster standards:
a. Portions of site development review applications within the REMU zone for attached multi-
household developments should be urban in character and may be designed such that each
dwelling unit has a ground level entry oriented to the public realm, and shares one or more walls
with another dwelling unit.
b. Such units should be broadly consistent in scale and level of architectural detail, but must be
designed to emphasize a distinction in individual dwelling units through form, massing,
articulation, color and other architectural means.
c. Townhouse/rowhouse units may incorporate home-based businesses at the ground level with direct access from a public right-of-way or other accessible route. These uses are exempt from
off-street parking requirements.
d. Developments incorporating townhouse/rowhouse units may include individual retail uses at the
ground level no greater than 2,000 square feet in area, when located along the primary frontage.
The first 2,000 square feet of any non-residential use in this development type is exempt from
off-street parking requirements. Parking lots for such uses must not be permitted along primary
street frontages. Apply standards of section 38.540.050.D for accessible parking spaces.
2. Additional area for accessory dwelling unit: 800 square feet minimum.
3. Apply standards of Table 38.320.030 (lot area standards), section 38.360.135, or if a structured internal
parking facility is provided, then required lot area may be reduced by up to 50 percent.
4. Lot coverage may be up to 100 percent if a structured parking facility that accommodates all required
parking is provided.
5. Lot coverage may be up to 100 percent if parking requirements are met by shared or off-site parking
facilities, or if a structured parking facility that accommodates all required parking is provided.
6. Special parking standards.
a. Structured parking incentive. A floor area bonus of one square foot of non-residential up to a
total of 50 percent of the gross building area of all uses may be granted for each square foot of
structured parking area.
b. Parking for individual lots may be provided elsewhere within the district with a shared parking agreement, provided that the overall parking ratio for the district is comparable with
documented parking ratios in developments of similar scale, intensity of use, population density,
and scope.
7. Special setback standards for mixed-use:
a. No minimum setbacks are required for the mixed-use district. Easements for utilities or other
special standards may require buildings to be placed back from lot lines.
b. Maximum setback. Buildings must be oriented to the adjacent street. At least 50 percent of the
total building frontage must be placed within ten feet of any minimum required separation from
the property line.
8. Special setback standards for non-residential uses:
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a. Minimum setback. No minimum setback are required for non-residential uses. Easements for
utilities or other special standards may require buildings to be placed back from lot lines.
b. Maximum setback. Buildings must be oriented to the primary street. At least 50 percent of the
total building frontage must be placed within ten feet of any minimum required separation from
the property line.
c. Special setback requirements. All setbacks associated with non-residential development must be
subject to the provisions of section 38.550.050.B, additional screening requirements, and section
38.550.050.C (parking lot landscaping), when applicable.
9. Allow "zero-lot line" development through shared use easements or placement of buildings on or near
one of the side lot lines.
10. Or zero feet for interior walls of townhouses.
11. All vehicle entrances oriented to the street into garages must be no closer than 20 feet to a property
line, unless otherwise explicitly authorized under this chapter.
12. Special garage standards for single to four-household uses. To ensure that the subject housing types
contribute to a community-oriented, pedestrian-friendly streetscape, they must comply with the
following specific standards of this chapter:
a. Section 38.350.070, parking and garages for single to four-household residential uses.
b. Section 38.400.090.C.2.a, drive access requirements—residential.
c. Section 38.540.010.A.4, stacking of off-street parking spaces.
d. Section 38.540.010.A.5, no parking permitted in required front or side setbacks.
e. Section 38.540.010.A.6, parking permitted in rear setbacks.
13. Bicycle parking. Covered bicycle parking must be provided by all mixed use development. The covered
spaces must be either ten bicycle parking spaces or one-half of the total minimum bicycle parking,
whichever is less.
14. Mixed-use and non-residential developments are subject to block frontage standards of division
38.510.
(Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2161, § 2, 6-18-2024)
Sec. 38.320.050. Form and intensity standards—Non-residential and other mixed-use
districts.
Table 38.320.050
Table of Form and Intensity Standards— Non-Residential and Other Mixed-Use Districts
Table clarification:
1. Where an code reference or link appears after the form and intensity topic, the use is subject to standards
set forth in that section or chapter.
2 If a number appears in the box, refer to the development condition with the corresponding number
immediately following the table. If there are multiple numbers, then all development conditions apply.
Standard Zones
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Commercial Zoning Districts UMU Industrial Zoning Districts PLI NEHMU
B-1 B-2 B-2M B-3 BP M-1 M-2
Lot and floor area standards
Minimum lot
area (square
feet)
(38.320.020.A)
5,000 — - - — 43,560 7,500 — — 5,0001
Minimum lot
width (feet)
(38.320.020.A)
50 100 — — — 150 75 100 — 50
Maximum lot
coverage
(38.320.020.C)
100% 100% 100% 100% 100%4 60% 100% 100% - 40%—
100%5
Minimum
floor area
ratio
(38.320.020.C)
— — — — 0.50 — — — — —
Building height standards (feet)
Minimum
building
height
— — — — 226 — — — — —
Maximum
building
height
Variable8 55/709 6010 50 50 — 50
Minimum
floor to floor
height
1521 1521 1521 1521 1521 — — — — —
Roof pitch <
3:12
40 507 427
Roof pitch
3:12 or >
45 607 487
Minimum setback (feet)
Front Setback Front setback provisions are set forth in the block frontage standards in division 38.510.
Setback to an
individual
garage
oriented to
the street
— 20 20 20 — — — — — 20
Rear Setback 10 10 1013 015 0 2017 3 3 012 3
Side Setback 514 514 514 015 0 1517, 14 314 314 012 3
Side or Rear
Setback
Adjacent to
Alley
5 5 5 5 5 5 5 5 5
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Parking &
loading areas
(feet)
Note15 Note15
Front
Setback
Note11 Note11 Note11 Note11 Note11 Note11 Note11 Note11
Rear
Setback
1016 1016 516 017 - — —
Side
Setback
816 816 516 017 - - -
Garages and special parking standards
Residential
Garages
— Note18 Note18 Note18 — — — — — Note18
Special
Parking
Standards
Note19,
20
Note19,
20
Note19, 20 Note20 Note19,
20
Note20 Note19,20 Note19,20 Note20
Notes:
1. The lot area must provide all required setback areas and off-street parking and loading. Lot area per
dwelling must not be less than 5,000 square feet per detached single-household dwelling and 3,000
square feet per attached dwelling. Lot area per each dwelling used to satisfy the requirements of
division 38.380 must not be less than 2,700 square feet per detached single-household dwelling and
2,500 square feet per attached dwelling.
2. Reserved.
3. Reserved.
4. In the UMU district, the footprint of individual buildings must not exceed 45,000 square feet.
5. The maximum lot coverage must be 40 percent for principally residential uses or 100 percent for
principally non-residential uses.
6. Buildings within a development or each phase of a multi-phased development must have varying
heights achieved through the use of multiple stories.
7. Height exceptions:
a. Maximum height may be increased by up to a maximum of 50 percent when the zoning district is
implementing a regional commercial and services growth policy land use designation.
8. B-2M height limits:
a. For buildings designed for non-residential or mixed-use: Five stories or 60 feet (whichever is less),
provided the top floor of five-story buildings within 30 feet of the front property line feature has
a stepback of at least ten feet from the front face of the building.
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Figure 38.320.050.1.
The top floor of five story buildings within 30 feet of a street property line must feature a ten-foot stepback
along the front façade to reduce the perceived scale of the building.
b. For buildings designed for single purpose residential use: Four stories or 50 feet (whichever is
less).
c. An area, not to exceed a total of ten percent of the floor area which is located at street level, may
extend above the maximum building height by up to 12 feet.
Figure 38.320.050.2.
Limited exceptions to height limits for elevator or stair penthouses or similar features are permitted provided
they occupy no more than ten percent of building's footprint and are set back from the edge of the building
by at least five feet to reduce their visibility from the ground level.
9. Maximum building height in the B-3 district must be 55 feet in the district core area and 70 feet outside
of the core area.
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10. Maximum building height may be increased by up to but not more than an additional 25 feet when
structured parking is provided per section 38.330.040.E.2, and when determined to be in compliance
with the review criteria of 38.230.100.
11. Front setback provisions are set forth in the block frontage standards in division 38.510 and in
38.350.070.
12. In the PLI district, there is no setback requirement except when a lot is adjacent to another district. The
setbacks then must be the same as those in the adjacent district. The setback requirements of RS must
be interpreted as those of R-1.
13. The minimum rear setback is five feet for accessory buildings.
14. Zero lot lines are allowed per 38.350.050.B.
15. All vehicle entrances into garages must be no closer than 20 feet to a property line, unless explicitly
authorized otherwise under this chapter.
16. Side and rear setbacks for parking may be allowed to be zero feet when coordinated parking
arrangements between adjacent properties are provided.
17. Rear and side setbacks adjacent to alleys must be at least five feet.
18. Garage location standards: for single to four-household uses, see 38.350.070.
19. This chapter provides opportunities for parking requirements to be met by shared and off-site parking
as allowed by division 38.540 of this chapter.
20. Non-residential and multi-household developments are subject to the block frontage standards of
division 38.510.
21. Floor-to-floor height is defined as the height between each floor plate in a building measured from the
top of the ground floor to the top of the floor above. This standard applies to non-residential buildings,
and mixed-use buildings, except for residential portions of mixed-use buildings.
(Ord. No. 2014, § 3, 6-3-2019; Ord. No. 2070, § 2, 6-8-2021; Ord. No. 2062, § 1, 11-16-2021)
Sec. 38.320.060. Zone edge transitions.
A. Intent. To provide measures that help to provide a compatible transition between certain higher and lower
intensity zoning districts.
B. Zone edge transition standards. The following standards are intended to supersede other form and intensity
standards in this division.
1. Setback adjustments.
a. Minimum side and rear setbacks for development within BP, M-1, and M-2 districts where
adjacent to a residential district: 15 feet. No additional setbacks required adjacent to alleys and
streets.
b. Minimum side and rear setbacks for development within B-3 and UMU districts adjacent to a
residential district: five feet. No additional setbacks are required adjacent to alleys and streets
2. Height/setback adjustments.
a. For development on sites in the B-3, B-2M, UMU, and R-5 districts that are adjacent to the RS, R-
1, or R-2 district. From a height of 38 feet at a ten foot setback from the property line adjacent to
applicable residential districts, buildings must step back at a 45-degree angle away from the
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applicable property line as shown in figure 38.320.060. No such 45 degree angle setback is
required if separated by a street.
Figure 38.320.060.
45 degree angle stepback rule for certain zone edge development.
b. For development on sites in the B-3 district that border R-3 and R-4 districts. From a height of 38
feet at a five foot setback from the property line adjacent to applicable residential districts,
buildings must step back at a 45 degree angle away from the applicable property line.
c. For buildings located at the edge of a zoning district and which use the height incentives of
38.380.030. At the required setback from property line for the district in which the site is located;
and from the maximum building height allowed in the district without the height incentive;
buildings must step back at a 45-degree angle away from property lines. This requirement does
not apply to interior common walls within the same development, such as between townhomes.
d. Permitted 45 degree angle step back encroachments in a-c of this paragraph:
(1) Permitted horizontal encroachments include those elements and standards set forth in
section 38.350.050.A.
(2) Permitted vertical encroachments include those elements and standards set forth in
section 38.350.050.D.
(Ord. No. 2105, § 6, 9-27-2022)
Sec. 38.320.070. Departures for housing creation.
A. Intent. The intent of this provision is to allow minor departures from existing residential development
standards when the review authority determines that the departure will reduce the cost of production of
and an increase production of housing while maintaining consistency with the city's adopted growth policy
and purposes of this chapter. These departures are especially applicable to infill sites as defined in
38.700.100 and missing middle housing as defined in 38.700.120.
B. Applicability. The review authority may approve departures from residential development standards as
identified in Table 38.320.070 if the review authority determines that the criteria in Subsection C below have
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been met. Approval of a departure authorizes development with a different standard than is otherwise
required by this chapter.
Table 38.320.070
Ordinance Standard Amount of Departure Permitted from Standard
All Types of Residential Dwellings
Maximum or minimum building
setbacks
10% Reduction from minimum setback requirements of Division 38.320,
(which may be limited by other standards or may have impacts on
construction costs); Does not apply to watercourse or floodplain
setbacks.
Maximum building height 5 feet above the maximum applicable limit in Division 38.320
Maximum lot coverage 10% above the maximum applicable limit in Division 38.320
Parking requirements for single or
multi-household dwellings with 2
or more bedrooms
2 parking spaces per dwelling, without regard to number of bedrooms in
each dwelling for, not less than one and up to 5 dwellings or 20% of
dwellings, in a development whichever is more.
Parking requirements for multi-
household dwellings with one or
fewer bedrooms
1 parking space per dwelling for any efficiency or one-bedroom unit for,
not less than one and up to 5 dwellings or 20% of dwellings, in a
development whichever is more.
Townhouse or Rowhouse Dwellings
Useable open space (38.360.220) Reduction of up to 20% in required dimension, or area, or both of per-
unit useable open space.
Multi-household Residential (5+ units)
Useable open space (38.520.060) 20% reduction for any new development within one-quarter mile
pedestrian travel distance of an existing park.
Accessory Dwelling Units (ADU)
Lot size ADUs may be permitted on any lot in a district where ADUs are an
allowed use that meets the lot size requirement for the principal
structure and all other standards in the zone district in which the lot is
located (except for lots under 3,000 sq. ft. in area or lots containing
attached townhomes), without the requirement for 1,000 square feet of
additional lot area.
Minimum Lot Width A reduction of not more than 10 feet to the numerically specified
minimum residential lot width in Division 38.320.
Number permitted Up to 1 internal and 1 detached ADU per lot
ADU size Minimum size is allowed to be above 600 feet up to a maximum size of
60% of gross floor area of primary dwelling unit; or
If the ADU is above a garage: Equal to footprint of main floor of garage; or
If the ADU is in an attic or basement: Equal to footprint of main floor of
the primary dwelling.
C. Criteria. To approve departures the review authority must determine that criteria 1 and 2; and at least one of
criteria 3—5 are met:
1. The departure will result in at least one more home than would otherwise be possible; and
2. The purpose of the standard can still be accomplished if the departure is granted; and
3. The departure will not impose negative impacts on surrounding property; or
4. The departure is applicable to missing middle housing; or
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5. The departure is applicable to an infill site.
D. Procedure. The request for a departure must be submitted with the initial application for any development.
Review times and processes are coordinated with the development application. These departures are not
applicable to subdivision reviews.
E. Appeals. A decision by the review authority to approve or deny a departure may not be appealed
independently, but the decision regarding an application as a whole that includes a departure may be
appealed pursuant to Division 38.250.
(Ord. No. 2111, § 2, 6-28-2022)
DIVISION 38.330. ZONE SPECIFIC PROVISIONS
Sec. 38.330.010. UMU district—Special standards.
A. A UMU district is anticipated to generally be not less than 20 acres in area. The city may approve a lesser
area of not less than ten acres upon finding that a smaller area will still provide for adequate transition
between adjacent districts, provide a reasonable community setting for the intensity of the district, and that
a smaller area will not constitute spot zoning.
B. The district must be surrounded by perimeter streets unless precluded by topography.
C. Block frontages and building orientation. See division 38.510 for applicable standards for all development
types.
D. Site planning and design element standards. See division 38.520 for applicable standards for all development
types.
E. Building standards.
1. Building design. See division 38.520 for applicable standards for all development types.
2. Floor area of ground-floor space.
a. All commercial floor space provided on the ground floor of a mixed-use building must contain the
following minimum floor area:
(1) At least 800 square feet or 25 percent of the lot area (whichever is greater) on lots with
street frontage of less than 50 feet; or
(2) At least 20 percent of the lot area on lots with street frontage of 50 feet or more.
3. 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.
F. Special parking standards.
1. Maximum surface parking.
a. In order to achieve the intent of the district and achieve efficiency in the use of land, surface
parking provided for the sole use of an individual development must not exceed 100 percent of
the minimum parking requirement for the subject land use based upon the requirements of
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division 38.540 of this chapter. The UMU district may utilize the parking reductions authorized in
section 38.540.050.2.c.1. All qualifying reductions must be included in determining the 100
percent requirement.
b. Exemptions to section 38.330.010.G.1.a, to allow unstructured surface parking up to 100 percent
of the minimum parking requirement exclusive of reductions may be approved through the
development review process for developments that provide shared parking to other
development, valet parking spaces, parking for off-site users for which an hourly or other regular
rent is paid, or similarly managed parking facilities.
2. Structured parking incentive. A floor area bonus of one square foot may be granted for each square
foot of area of parking provided within a building. Additional height of building is allowed to
accommodate this additional building area per Table 38.320.050.
3. Bicycle parking. Covered bicycle parking must be provided. The covered spaces must be at least one-
half of the total minimum bicycle parking. The minimum number of covered spaces must be the
greater of either ten bicycle parking spaces or five percent of motor vehicle parking provided on-site.
G. Lighting. All building entrances, pathways, and other pedestrian areas must be lit with pedestrian-scale
lighting (e.g., wall mounted, sidewalk lamps, bollards, landscaping lighting, etc.). Alternative lighting meeting
the intent of the design guidelines and other criteria of this chapter may be approved through site
development review.
H. Public spaces. The UMU district is urban in nature. Public parks and recreational areas are likewise expected
to be urban in nature. This will include elements such as plazas or other hardscapes, landscaping with
planters, furniture, developed recreation facilities such as basketball and tennis courts or indoor recreation
facilities, and will be more concentrated in size and development than anticipated in a less urban setting. The
requirements of this section give direction in the development of park plans and the application of the
standards of division 38.420 of this chapter. The parkland dedication requirements of division 38.420 of this
chapter may be satisfied by a cumulative contribution of land and the value of on-site improvements to
create spaces with the characteristics and functions described in this section. Development within the UMU
district may also utilize any of the options of sections 38.420.030 and 38.420.100 to satisfy the requirements of section 38.420.020.A. The requirements of this section must prevail if these standards conflict with the
application of the standards of article 4 of this chapter.
1. Public spaces must be designed to facilitate at least three of the following types of activities to
encourage consistent human presence and activity.
2. Public spaces must be designed to:
a. Facilitate social interaction between and within groups;
b. Provide safe, pleasant, clean and convenient sitting spaces adaptable to changing weather
conditions;
c. Be attractive to multiple age groups;
d. Provide for multiple types of activities without conflicting;
e. Support organized activities;
f. Be visually distinctive and interesting;
g. Interconnect with other public and private spaces; and
h. Prioritize use by persons.
(Ord. No. 2029, § 2, 12-18-2019; Ord. No. 2062, § 2, 11-16-2021)
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Sec. 38.330.020. REMU district—Special standards.
A. The special standards set forth in this section are minimum standards for a development review application.
Standards not specifically addressed by this section are subject to the standards set forth in this chapter.
B. Street and circulation standards.
1. The policies and standards of the city's long-range transportation plan apply to REMU districts. New
streets within REMU districts must be complete streets that accommodate pedestrians, bicycles, buses,
automobiles and wintertime snow storage, and work in concert with internal property accesses and
adjacent development to create a connected and vibrant public realm. REMU street standards also
include the following stipulations:
a. Natural storm drainage systems are allowed within street rights-of-way.
b. Boulevard strips and medians may incorporate natural drainage technologies.
c. Buildings must be oriented with front facades facing the street as specified in the block frontage
standards of division 38.510 of this chapter.
d. Shared drive accesses must be used to reduce the need for additional curb cuts, when feasible.
e. On-street parking should be maximized wherever feasible.
2. Front-loaded local streets. To ensure that front-loaded streets are community-oriented and pedestrian-
friendly, adjacent buildings, garages and drive aisles must comply with the following specific standards
of this chapter.
a. Section 38.350.070, parking and garages (for single to four-household dwellings).
b. Section 38.400.090.C.2.a, drive access requirements—Residential.
c. Division 38.510, block frontage standards (for all development except single to four-household
dwellings)
d. Section 38.540.010.A.4, stacking of off-street parking spaces.
e. Section 38.540.010.A.5, no parking permitted in required front or side setbacks.
f. Section 38.540.010.A.6, parking permitted in rear setbacks.
3. Woonerfs. Woonerfs, or streets where pedestrians and cyclists have priority over motorists, are
encouraged on private drive accesses or properties in the REMU district. Woonerfs may be permitted
on public local streets or alleys through the subdivision variance.
4. Alleys. Alleys are encouraged, but not required, in the REMU district.
a. Apply standards of section 38.400.060.B (street improvement standards—alleys) where
applicable.
C. Site planning and design element standards. See division 38.520 for applicable standards for all development
types, except single to four-household dwellings. See section 38.360.220 for applicable standards for single
to four-household dwellings.
D. Open space standards. The REMU district is urban in nature. Public parks and recreational areas and publicly
accessible private open spaces are likewise expected to be urban in nature. This may include elements such
as plazas or other hardscaping, or landscaping with planters and furniture. Such areas may be more
concentrated in size and development than anticipated in a less urban setting. Public spaces must be
designed to facilitate distinct types of activities to encourage consistent human presence and activity.
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1. Public parks and recreational areas. The requirements of this section must give direction in the
development of park plans and the application of the standards of division 38.420 of this chapter.
2. Publicly accessible private open space in commercial developments. See section 38.520.060 of this
chapter for the minimum amount and design of pedestrian-oriented open space.
3. Private residential open space. See section 38.520.060 of this chapter for the minimum amount and
design of usable residential open space.
E. Building standards.
1. See division 38.520 for applicable standards for all development types, except single to four-household
dwellings.
2. Parking structures must not have more than one two-way vehicle entrance or two one-way vehicle
entrances facing any public way. Fifty percent of a parking structure's ground floor linear frontage
along the primary street must be retail, commercial, office, civic, residential, or live/work.
3. Building encroachments are permitted in accordance with section 38.350.050, subject to any and all
applicable International Building Codes.
4. All projects in the REMU district are exempt from the rear setback lot coverage requirements of section
38.360.030.I.
F. Landscape and planting standards. Developments are subject to the landscaping standards in division 38.550
of this chapter and the provisions herein.
G. Lighting standards. See division 38.580 for applicable standards.
(Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2104, § 28, 9-27-2022)
Sec. 38.330.030. PLI district—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 2 of this chapter 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.
Sec. 38.330.040. NEHMU District—Special standards and requirements.
A. The requirements for landscape buffering for residential adjacency required by division 38.550 of this
chapter are not applicable in the northeast HMU.
B. All necessary screening or other buffering determined to be necessary between adjoining uses must be the
responsibility of the use established last in time.
C. When a lot is adjacent to or across the street from a residential zoning district, the setback requirements
must be the same as the adjoining zone and buildings must be screened with either a decorative fence or
plantings. The provisions of R-S must be interpreted as those of R-1.
DIVISION 38.340. OVERLAY DISTRICT STANDARDS
Part 1. Neighborhood Conservation Overlay District and Historic Preservation
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Sec. 38.340.010. Intent and purpose.
A. All new construction, alterations to existing structures, movement of structures into or out of the
neighborhood conservation overlay district, hereinafter 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 design review board or administrative design review staff must be
given careful consideration in the final action of the review authority.
B. Sections 38.340.010 through 38.340.130 define and set forth standards which apply to the conservation
district.
C. The intent and purpose of the conservation district designation is to stimulate the restoration and
rehabilitation of structures, and all other elements contributing to the character and fabric of established
residential neighborhoods and commercial or industrial areas. New construction will be invited and
encouraged provided primary emphasis is given to the preservation of existing buildings and further
provided the design of such new space enhances and contributes to the aesthetic character and function of
the property and the surrounding neighborhood or area. Contemporary design will be encouraged, provided
it is in keeping with the above-stated criteria, as an acknowledged fact of the continuing developmental
pattern of a dynamic, changing community.
D. 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 part 1 recognizes that this diversity is a contributing element of
the historic character of these neighborhoods or areas. The provisions of this part 1 must be applied in a
manner that will encourage the protection and enhancement of the many diverse features for future
generations.
E. The conservation district boundary is largely 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 part 1 sets forth the means of
protecting and enhancing the conservation district.
F. 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 part 1 to:
1. Protect, preserve, enhance and regulate historically significant structures, archaeological or cultural
sites, and areas that:
a. Are reminders of past eras, events or persons important in local, state or national history;
b. Provide significant examples of land planning or architectural styles, or are landmarks in the
history of land planning and architecture;
c. Are unique or irreplaceable assets to the city and its neighborhoods;
d. Provide examples of physical surroundings in which past generations lived; or
e. Represent and express the unique characteristics of small agricultural-based, western city
developmental patterns;
2. 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;
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3. 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;
4. 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
5. 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 thereof.
G. It is further the purpose of this article to protect historic structures and sites as defined in article 7 of this
chapter by requiring any person seeking to demolish or move a historic structure or site to comply with
section 38.230.080 whether or not the structure is located within the NCOD.
Sec. 38.340.020. Design review board and administrative design review staff powers and
duties within conservation districts.
A. The DRB and administrative design review 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.
B. In carrying out this mission, in addition to the duties established in division 38.200 of this chapter, the design
review board and administrative design review 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.
Sec. 38.340.030. 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 division 6, Historic Preservation Advisory Board of article 5, chapter 2,
and division 38.260, Text and Map Amendments, of this chapter. Property owner concurrence is necessary for the
designation or revision of landmark status.
Sec. 38.340.040. Certificate of appropriateness.
A. A certificate of appropriateness is required before any and all alteration(s) other than those specifically
exempted in subsection 1 of this section, or repair(s) as defined in section 38.700.160, are undertaken upon
any structure in the conservation district. The review authority for certificates of appropriateness is
established in division 38.200.010 of this chapter. Compliance with the terms of the final decision is required.
The Montana Historical and Architectural Inventory Form must be reviewed and, if necessary, updated to
reflect current conditions on the site, prior to the review of the proposal. Application procedures are as
follows:
1. No building, demolition, 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.
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a. Limited exceptions. The following construction located within the neighborhood conservation
overlay district, within an established historic district, or at a site which is individually listed on
the National Register of Historic Preservation, does not require a certificate of appropriateness if
the project satisfies the following standards:
(1) Fences meeting all other provisions of this chapter (e.g. height limitations, street vision
triangle, finished side out, etc. per section 38.350.060) which are built of wood, wrought-
iron, or any other non-synthetic material and whose construction allows "transparency" as
set forth in Chapter 3, Section F of the design guidelines referenced in section
38.340.050.D. Chain link fencing is not included in this exception.
(2) Basement egress windows whose window material and configuration is present elsewhere
in the structure, and whose window wells are not on the front or corner-side setback
elevation of the structure, and which do not establish or provide egress from an illegal
dwelling unit.
(3) Accessory structures under 120 square feet as measured from the outer edge of the
exterior walls, which meet the setback requirements, are not more than 14 feet to their
highest point and which do not require a building permit.
(4) Alterations in roofing material, if installing wood shingle, slate, tile, or asphalt shingle
material, and no changes are made to the roof shape, pitch or slope.
(5) Photovoltaic panels which are flush mounted to a roof.
2. Application, review and public notice procedures for proposals located within the conservation district
are set forth in division 38.230, Plan Review, and division 38.220, Applications and Noticing, of this
chapter. If demolition or movement of structures or sites subject to the conservation district
requirements is proposed, the procedures in section 38.340.080 apply.
(Ord. No. 2014, § 4, 6-3-2019; Ord. No. 2105, § 7, 9-27-2022; Ord. No. 2124, § 22, 10-18-2022)
Sec. 38.340.050. Standards for certificates of appropriateness.
A. 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).
B. 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:
1. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding
structures;
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7. Architectural details;
8. Concealment of non-period appurtenances, such as mechanical equipment; and
9. 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).
C. 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.
D. When applying the standards of subsections A through C of this section, 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.
E. Conformance with other applicable development standards of this chapter. Development in the NCOD must
comply with all other applicable development standards of this chapter.
F. Tax abatement certificate of appropriateness applications are also reviewed with the procedures and
standards established in chapter 2, article 6, division 2.
Sec. 38.340.060. 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 division 38.230 of this chapter. Where development projects in the conservation
district require only sketch plan review per division 38.230 of this chapter (i.e., single-household, two-household,
three-household and four-household residential structures, each on individual lots; signs; fences; property
alterations; and certain amendments to site plans), applications for certificates of appropriateness must be made
on a form provided by the community development department, and must include the information and material
set forth in division 38.220 of this chapter.
Sec. 38.340.070. Deviations from underlying zoning requirements.
A. Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, some buildings within the conservation district do not conform to 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 division 38.250 of this chapter. 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 section 38.340.050, 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
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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 intent and purpose set
forth in this part 1.
(Ord. No. 1994, § 2, 3-31-2018)
Sec. 38.340.080. Review of demolition or movement of historic structures or sites.
A. The demolition or movement of any structure or site must be subject to the provisions of this article. This
process applies to:
1. Historic properties and sites, as defined in article 7 of this chapter.
2. Non-historic properties per section 38.340.100.
3. Unsafe structures whether historic or non-historic per section 38.340.110. The provisions for unsafe
structures take priority over other provisions for demolition.
B. An application to move or demolish a structure subject to this article must follow the applicable review
procedures.
C. 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:
1. The property's historic significance and a neighborhood's historical significance.
2. 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.
(Ord. No. 1994, § 3, 3-31-2018)
Sec. 38.340.090. Demolition or movement of a historic structure or site.
A. 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.
B. 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 division 38.220 of this chapter.
C. 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:
1. The property's historic significance.
2. 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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3. Whether the subsequent development complies with section 38.340.050.
4. Whether the subsequent development includes construction of new building(s) unless the existing
character of the area does not include buildings.
5. 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 section 38.230.070, the review authority may determine the proposed subsequent
site development is more appropriate for the site based on the criteria in section 38.230.100.
D. Review process.
1. Upon application for a COA for demolition and subsequent development the review authority may:
a. Grant preliminary or final approval of the demolition with standard contingencies and/or project
specific conditions.
b. Deny the COA application.
2. COA approval.
a. 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.
b. 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.
3. If an application for demolition or moving is denied due to failure to meet section 38.340.090.C
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.
a. 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.
b. 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.
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c. 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.
4. Standard requirements.
a. Subsequent development of the site must receive zoning approval, building permit approval, and
pay all related fees prior to issuance of a demolition permit.
b. 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
paragraph section 38.340.120.
c. The review authority may require a developer to enter into a development agreement with the
city at the time of issuance of a certificate of appropriateness authorizing demolition of all or part
of a historic structure in the neighborhood conservation overlay zoning district or in a designated
historic district. The development agreement may provide for conditions of demolition, timing of
reconstruction, and may require the developer to post a surety bond naming the city as a
beneficiary for not more than ten percent 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.
Sec. 38.340.100. Demolition or movement of a non-historic structure or site in the NCOD.
A. 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).
B. Public notice. Notice must be provided in accordance with division 38.220 of this chapter.
C. Criteria.
1. The applicable criteria are the COA criteria of section 38.340.050.
2. The subsequent development must include construction of new building(s) unless the immediately
prior character of the area did not include buildings.
D. Review process.
1. Upon application for a COA for demolition and subsequent development the review authority may:
a. Grant preliminary or final approval of the demolition with standard contingencies and/or project
specific conditions.
b. Deny the COA application.
2. COA approval.
a. 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.
b. Final COA approval. If the submitted application materials demonstrate compliance with
development standards and completion of contingencies and conditions, including
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documentation, the review authority must approve the COA for demolition and subsequent
development.
3. 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 storm-water runoff and weeds are controlled and landscaping is
reestablished.
Sec. 38.340.110. Demolition or movement of an unsafe structure whether historic or non-
historic.
A. 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 storm-water runoff and weeds are
controlled.
B. Public notice. Notice must be provided in accordance with division 38.220 of this chapter.
C. 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.
D. The provisions of this section may be initiated by a land owner; or by the city in accordance with article
16.02.
Sec. 38.340.120. Documentation and administrative procedures.
A. Documentation. All structures or sites approved for demolition or moving must be fully documented.
1. 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.
2. 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.
B. A building permit application, in accordance with applicable codes and requirements, must be submitted and
approved before any demolition or construction is allowed.
C. 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.
1. 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.
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D. In addition to the remedies in division 38.200 of this chapter, 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.
Sec. 38.340.130. 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 division 38.340 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.
DIVISION 38.350. GENERAL LAND USE STANDARDS AND REQUIREMENTS
Sec. 38.350.010. Area requirements for individual buildings—restrictions.
No part of any setback, open space, or off-street parking or loading space required in connection with any
building for the purpose of complying with this chapter may be included as part of a setback, open space or off-
street parking or loading space similarly required for any other building except as provided in section 38.540.060.
Sec. 38.350.020. Setbacks and lots reduction prohibited.
No setback or lot existing at the time of the adoption date of the ordinance from which this chapter is
derived may be reduced in dimension or area below the minimum requirements of this chapter except as set forth
herein. Setbacks or lots created after the effective date of said ordinance must meet at least the minimum
requirements established by this chapter.
Sec. 38.350.030. Use of lands; buildings and structures.
A. Only uses specifically identified by this chapter are to be built. No building, or structure or part thereof may
be erected, altered or enlarged for a use, nor must any existing building, structure or part thereof, or land, be
used for a purpose or in a manner that is not in conformity with the uses listed as authorized uses for the
zone in which such buildings, structure or land is situated. In addition, any land, building or structure to be
erected or used for a purpose listed as a special use in such zone must first receive final approval of a permit
for the use. Existing nonconforming uses and structures must comply with division 38.270 of this chapter.
B. No building, or part thereof, or structure may be erected, nor may any existing building be altered, enlarged
or rebuilt, or moved into any zone, nor may any open space be encroached upon or reduced in any manner,
except in conformity to the setback regulations designed for the zone in which such building or open space is
located, except as otherwise specified in this chapter.
C. Recreational vehicle parking on residential lot. 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 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
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2. In the event of hardship, temporary use permits may be granted for occupying such recreational
vehicle or mobile home.
D. Municipal infrastructure requirements.
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 division 38.270 of this
chapter.
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;
(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.
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3. The issuance of a building permit may be allowed prior to completion of the public infrastructure,
provided the criteria, standards, and limitations of section 38.270.030 are met.
(Ord. No. 2104, § 16, 9-27-2022; Ord. No. 2124, § 23, 10-18-2022)
Sec. 38.350.040. 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 section 38.360.170 can at any time be used as a dwelling unit, unless approved for use as a
temporary dwelling unit due to a demonstrated hardship.
B. Use of basements. The basement portion of a finished home must be properly damp-proofed and have
nature lighting, heating, ventilation, and suitable fire protection and exits if used for living.
(Ord. No. 2059, § 3, 1-26-2021)
Sec. 38.350.050. Setback and height encroachments, limitations and exceptions.
A. Permitted encroachments into setbacks. The following are permitted encroachments into required setbacks,
subject to any and all applicable International Building Code requirements and/or utility easements:
1. Architectural features which do not add usable area to a structure, such as chimneys, wing walls, sills,
pilasters, lintels, cornices, eaves, gutters, awnings, window wells and steps, provided such architectural
features do not extend more than five feet into any required front or rear setback;
2. Architectural features, which do not add usable area to a structure, such as chimneys, wing walls, sills,
pilasters, lintels, cornices, awnings, window wells and steps, provided such architectural features do
not extend more than two feet into any required side setback, except that eaves and gutters may
extend two and one-half feet into any required side setback;
3. Terraces and patios, uncovered decks and stoops or similar features, provided that such features do
not extend above the height of the ground floor level of the principal structure nor more than five feet
into any required front or rear setback or two feet into any required side setback;
4. Porches and entries on residential structures, except multi-household developments featuring more
than four attached dwelling units, may project up to five feet into the front setback area except where
front setback utility easements prevent such projects;
5. Fire escapes may be permitted in required side or rear setbacks only;
6. Wheelchair ramps may encroach into any required setback, but must not be located closer than three
feet from any property line;
7. Flagpoles, ornamental features, trees, shrubs, walkways, and nameplate signs may be located within a
required setback. Street vision triangle requirements apply; and
8. Essential services Type I and Type II may be located within a required setback when they are within a
utility easement.
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Figure 38.350.050.A.
Example of permitted encroachments.
B. Zero lot line conditions. In districts where zero side setbacks are not otherwise allowed, where an individual
owns two or more adjoining lots, or where the owners of two or more adjoining lots make legal written
agreement recorded at the county clerk and recorder, a zero lot line concept may be used for commercial, or
single-household dwelling unit developments, or detached accessory structures. In all such cases in
residential districts, a minimum eight-foot side setback must be maintained adjacent to the exterior side, or
nonzero lot line side, of the structure.
Figure 38.350.050.B.
Zero lot line conditions.
C. Required setbacks from watercourses are set forth in section 38.410.100.
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D. Height limitation exceptions.
1. Non-specific exemptions. No building, or part thereof, or structure must be erected, reconstructed or
structurally altered to exceed in height the limit herein designated for the district in which such
building is located, except as is specified in division 38.250 of this chapter.
2. Specific exemptions.
a. Height limitations do not apply to church spires, belfries, cupolas and domes; monuments;
chimneys and smokestacks; flag poles; public and private utility facilities; parapet walls extending
no more than four feet above the limiting height of the building except as hereinafter provided:
amateur radio antennae; solar energy collectors and equipment used for the mounting or
operation of such collectors; and building mounted horizontal and vertical axis wind energy
collectors under 15 feet in height from the building mounting surface, and equipment used for
the mounting or operation of such collectors.
b. Places of public assembly in churches, schools and other permitted public and semi-public
buildings may exceed height limitations otherwise established by this chapter, provided that:
(1) The portion of the building that exceeds the height limit must be limited to 10 percent of
the total building footprint; and
(2) That for each one foot by which the height of such building exceeds the maximum height
otherwise permitted in the district, its side and rear setbacks must be increased in width or
depth by an additional one foot over the side and rear setbacks required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are exempt from height
limitations otherwise established in this chapter, provided that no linear dimension of any such
structure exceed 50 percent of the corresponding street frontage line.
d. Towers and monuments, cooling towers, gas holders or other structures, where the
manufacturing process requires a greater height, and grain elevators and silos are exempt from
this chapter, provided that any structure above the height otherwise permitted in the district
must occupy no more than 25 percent of the area of the lot and must be at least 25 feet from
every lot line.
e. Height restrictions for wireless facilities are governed by division 38.370 of this chapter.
(Ord. No. 2014, §§ 5, 6, 6-3-2019; Ord. No. 2104, § 17, 9-27-2022)
Sec. 38.350.060. Fences, walls and hedges.
A. Location and height. Except as provided in section 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. 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.
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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 façade 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.
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.
C. Construction and maintenance. Every fence or wall must be constructed in a substantial, workman-like
manner and of substantial material reasonably suited for the purpose for which the fence or wall is proposed
to be used. Every fence or wall 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.
1. No barbed wire or similar sharp fencing or electric fences is permitted, except in R-S districts; 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.
2. When electrically charged fences are used in an R-S district, such fences must be posted with warning
signs at intervals not to exceed 150 feet where such fences are adjacent to public rights-of-way.
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.
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Figure 38.350.060.
Fences.
(Order No. 2018-01, § 7, 4-18-2018; Ord. No. 2061, § 1, 4-6-2021)
Sec. 38.350.070. Parking and garages for single to four-household residential uses.
A. Applicability. The following standards apply to all residential development, except multi-household
developments featuring more than four attached dwelling units.
B. General requirements.
1. Surface parking may be allowed within the front setback when located in front of a parking space that
meets setback provisions of division 38.320.
2. Surface parking may be allowed in the rear setback.
3. See section 38.400.090 for drive access requirements.
C. Residential garage setback standards.
1. Individual garages are subject to setback standards in Tables 38.320.030—38.320.040.
2. All garages facing the street must be at least four feet behind the front façade of the structure. Garage
entrances may also be tucked under the second floor to help meet this requirement.
D. Residential garage width standards.
1. Where a garage door or doors facing the street occupy more than ten feet of the façade's width, the
total width of the garage door or doors must comprise no more than 50 percent of the width of the
ground level façade facing the street.
2. There is no restriction on the number of individual garage doors facing the street, only the proportion
of the façade associated with a garage door or doors exceeding ten feet in total width.
E. Individual garages facing the street are not permitted in the B-3 district when an alley is adjacent to the
property.
DIVISION 38.360. INDEX OF SUPPLEMENTAL USE CRITERIA
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Sec. 38.360.010. Purpose.
The purpose of this section is to further describe the standards and conditions under which certain uses may
be permitted as principal or special uses in specific districts.
(Ord. No. 2124, § 24, 10-18-2022)
Sec. 38.360.020. Applicability.
All uses listed in this section are subject to the specific standards described for each use, in addition to all
other applicable standards.
Sec. 38.360.030. Accessory buildings, uses and equipment.
A. 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 38.360.030.A.
Accessory building example.
B. Accessory buildings, uses or equipment may not be stored or constructed between the front lot line and
front façade of the building. On a corner lot with two streets, the accessory building must be placed behind
both front façades of the primary structure. For lots with three or more frontages, alternate locations may be
allowed. The review authority shall 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.
C. Accessory buildings and garages may not be located within a utility easement without written approval of
the easement holder.
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D. Accessory buildings in any business or industrial district may be located only to the rear of the front line of
the principal building.
E. No accessory building may exceed the footprint of the principal building unless such accessory building has
been otherwise approved per this chapter.
F. 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.
G. Accessory building height and setback limitations in residential zoning districts:
1. Accessory buildings may not exceed the height of the principal building unless such accessory building
has been otherwise approved per this chapter; and
2. From a height of 15 feet at the minimum side setback as set forth in division 38.320, buildings must
step back at a 45 degree angle away from the side property line as shown in figure 38.360.030.G
below, except zero lot line situations meeting the standards of section 38.350.050.B:
Figure 38.360.030.G. Angled setback plane for accessory buildings alongside setbacks.
Permitted setback plane encroachments:
a. Permitted horizontal encroachments include those elements and standards set forth in section
38.350.050.A.
b. Permitted vertical encroachments include those elements and standards set forth in section
38.350.050.D.
H. Mechanical equipment screening.
1. Rooftop mechanical equipment must be screened. Screening must be incorporated into the roof form
when possible. The requirement for screening of rooftop mechanical equipment does not apply to
solar or wind energy collection devices.
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2. Ground-mounted mechanical equipment must be screened from public rights-of-way with walls,
fencing or evergreen plant materials. Mechanical equipment may not encroach into required setbacks.
I. Detached structures setback requirements.
1. Accessory structures less than or equal to 120 square feet in footprint may not be located in any front,
side, or corner-side setback and must maintain a minimum setback of three feet from the property
lines in the rear setback.
2. Accessory structures greater than 120 square feet but less than or equal to 600 square feet in footprint
may not be located in any front, side, or corner-side setback. The accessory structure must be set back
a minimum of either:
a. Six feet, or
b. When parking is provided between the structure and the rear property line, 20 feet except when
required parking spaces need a greater setback for back-up maneuverability.
See the following examples:
Alley Right-of-Way
Width
Setback for Garage
without Stacked Parking
Setback for a Garage with Stacked Parking Off of an
Alley
30 feet 6 feet 20 feet
20 feet 6 feet 24 feet
16 feet 8 feet 28 feet
14 feet 10 feet 30 feet
3. Accessory structures greater than 600 square feet may not be located in any required front or side
setback, or in a rear setback when no alley is present. Adequate back-up maneuverability for required
parking spaces must be provided.
4. Accessory structures greater than 600 square feet may be located in required rear setbacks when an
alley is present and must provide adequate backup maneuverability for required parking spaces.
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Figure 38.360.030.I.1.
Detached structure setback requirements.
Figure 38.360.030.I.2.
Garage setback requirements.
J. Structures may occupy no more than 40 percent of the area of the lot located to the rear of the principal
building.
Figure 38.360.030.J.
Accessory structures are limited to a maximum of 40% of the lot area between the principal building and the
rear lot line.
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K. All structures located within the neighborhood conservation district require a certificate of appropriateness
unless exempted in division 38.340 of this article.
(Order No. 2018-01, § 8, 4-18-2018; Ord. No. 2014, § 7, 6-3-2019)
Sec. 38.360.040. ADU use table in residential zoning districts.
Table 38.360.040
ADU use table in residential zoning districts
Table clarification:
1. Uses: P = Principal; S = Special uses; — = Uses which are not permitted.
2. If a * appears after the use, then the use is defined in article 7.
3. If a number appears in the box, then the use may be allowed subject to development condition(s) described
in the footnotes immediately following the table.
Zoning districts
R-S R-1 R-2 R-3 R-4 R-5 RMH REMU
Detached ADU P P P P P P — P
Attached ADU P P P P P P — P
The following ADU standards and 38.320.070 apply to all zoning districts:
Occupancy limit 2 persons
Deviations No
# of ADU per lot One
Location ADUs are permitted above accessory buildings and on the ground floor.
Ground floor ADUs require alley access or 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 600 square feet or have more than
a single bedroom. The method of calculating the maximum ADU square
footage will be "living area" defined as "all floor area exclusive of areas
with a sloped ceiling less than three feet in height, stairwells, and exterior
decks." Bedrooms, living rooms, kitchens, casework, interior walls,
hallways, closets, bathrooms, and any other living space must be included
in the maximum square footage calculation.
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 Notwithstanding the limitations in section 38.360.030.G, a detached ADU
may exceed the height of the principal building but may not exceed 22
feet in height.
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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 except where otherwise noted.
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 lot area, utility services, and
compliance with setbacks and height standards.
Notes:
Location. The ADU may be a part of the principal dwelling unit, provided the ADU is clearly incidental to the
principal dwelling unit and meets all of the following criteria:
a. Lot area per Table 38.320.030 is provided.
b. The ADU does not exceed one-third of the total area of the principal structure.
c. If the entrance for the ADU is separate from the entrance of the principal structure, the entrance must
be on a façade different than that of the main entry.
(Ord. No. 2014, § 8, 6-3-2019; Ord. No. 2041, § 2, 9-17-2020; Ord. No. 2091, § 1, 12-21-2021; Ord. No. 2105, § 8, 9-
27-2022)
Editor's note(s)—Ord. No. 2014, § 8, adopted June 3, 2019, repealed the former § 38.360.040, and enacted a new
§ 38.360.040 as set out herein. The former § 38.360.040 pertained to accessory dwelling units (ADU) and
derived from Ord. No. 1994, § 3, adopted March 31, 2018 and Order No. 2018-01, § 1, adopted April 18,
2018.
Sec. 38.360.050. Adult businesses.
A. In addition to the requirements for all development established in this chapter, the following requirements
apply to all adult businesses:
1. 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.
Sec. 38.360.060. Alcohol sales for on-premises consumption.
A. Alcohol sales for on-premises consumption, on either a temporary or permanent basis, may not be
conducted on the same lot or premises where an adult business or the sale of auto retail fuel is permitted.
B. Pursuant to section 4.02.020, the restrictions in MCA 16-3-306(1) do not apply to:
1. A person operating a temporary event using a catering endorsement; or
2. 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:
a. 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:
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1. Restaurants serving alcoholic beverages are limited to those with state beer and wine licenses issued
since 1997, prohibiting any form of gambling and occupying not more than 45 percent of the total
building area of a food processing facility; and/or
2. Retail sales for on-premises consumption of alcohol produced on site, not to exceed 10,000 square feet
or 50 percent of the facility, whichever is less.
(Ord. No. 1999, § 2, 4-16-2018; Ord. No. 2124, § 25, 10-18-2022; Ord. No. 2132, § 5, 7-18-2023)
Editor's note(s)—Section 3 of Ordinance No. 1999, adopted May 16, 2018, states "Section 16-3-306(4), MCA
recognizes the City's authority to supplant the provisions of 16-3-306(1), MCA. The City Commission hereby
supplants such restrictions as provided for in Sections 1 and 2 of this Ordinance."
Sec. 38.360.070. Apartment buildings, limited.
A. Apartment building, limited is subject to the following:
1. No fewer than five or more than eight dwellings in a single building.
2. Do not exceed 120 feet in width or length and 10,000 square feet in maximum floor area
within all dwellings, attached parking structures, and parking spaces internal to the building
combined. Common interior spaces are not included in the calculation of the 10,000 square
feet maximum area. Common interior spaces means enclosed spaces which are designed for
use by occupants of more than a single dwelling. Examples include but are not limited to
elevators, shared stairs, walkways, atriums, laundry rooms, and mail rooms.
3. The maximum area of common interior spaces attached to or included within an individual
apartment building, limited is :
a. One thousand square feet plus 250 square feet per dwelling in the individual building; and
b. If an apartment building, limited is part of a larger development, and there are common spaces
attached to the building to serve the larger development, an additional 150 square feet per
dwelling in the larger development is allowed to be added to the common interior spaces
attached to an apartment building, limited.
4. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority provided the alternative proposal meets the intent of the
standards, plus the following criteria.
a. A departure may be granted to alter the proportion of area of common interior spaces to area of
dwellings. The criteria for the departure is the combined area of dwelling area and common
interior spaces does not exceed 13,000 square feet.
b. A departure for additional building length or width may be granted on lots larger than 24,000 square feet at a rate of one linear foot of building length or width per 3,500 square feet of lot
area in excess of 24,000 square feet up to 160 total lineal feet of building length or width.
c. Departures must demonstrate the additional common area or length/width meets the intent of
the apartment buildings, limited designation to allow more flexibility in building form and
dwelling unit arrangement while also being consistent with the mass and scale of medium
density zoning districts.
(Ord. No. 2059, § 3, 1-26-2021)
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Ord. No. 2059, § 3, adopted Jan. 26, 2021, renumbered the former §§ 38.360.070—38.360.260 as 38.360.080—
38.360.270, and added a new § 38.360.070 as set out herein. The historical notations have been kept with
the amended provisions for reference purposes.
Sec. 38.360.080. Automobile repair and/or fuel sales.
A. In addition to applicable project design standards in article 5 of this chapter and the requirements for all
convenience uses in section 38.360.110 and elsewhere in this chapter, the following requirements apply to
all service station and automobile uses as listed in this section. Compliance with all criteria listed in this
section does not necessarily guarantee approval by the city.
1. Gas pump and pump island canopies must be located not closer than ten feet to any side or rear
property line. Design of the canopy must architecturally match the design of the main building. All
canopies must be connected to the roof of the main structure unless otherwise approved. All lighting
must meet the lighting standards of this chapter. The maximum height of the canopy must not exceed
18 feet. All signs must conform to the sign regulations of division 38.560 of this chapter;
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;
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 section 38.410.080.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
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Sec. 38.360.090. Community center.
A. 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.
B. 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.
C. Each community center site with more than 40 parking spaces must provide a minimum of two
ingress/egress points which comply with section 38.400.090.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.100. 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, as well as covenants,
conditions and restrictions for the condominium development, in compliance with division 38.220 of this
chapter. The bylaws, covenants, conditions and restrictions must be submitted to the city for review and
approval prior to the granting of plan approval or approval for condominiumization of existing development.
C. Internal circulation in a condominium development must be designed in accordance with division 38.540 of
this chapter, and must, when deemed necessary by the city engineer, comply with section 38.400.020.
(Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2105, § 9, 9-27-2022)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.110. Convenience uses and drive-through/drive-in restaurants.
A. In addition to applicable building design standards in division 38.530 of this chapter, the following
supplemental architectural guidelines must apply:
1. All convenience uses must be designed with an architectural and design character that is appropriate
for and compatible with the area;
2. Standardized corporate identification themes integrated into the architectural design is considered sign
area and is subject to the requirements of division 38.560. Excessive use of such themes may be
grounds for denial of the project;
3. When located in shopping centers, the architectural character of the building must be integrated with
the design theme of the center through the use of the same building materials, shapes and details. The
effect of color in creating a design character that is appropriate for and compatible with the area will
be considered. All parking, circulation, drive aisles, setbacks and signage must be integrated with the
entire design theme of the project;
4. The elevation design of the building must provide design character and detailing on all four sides; and
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5. Screening of drive-through areas may be required to control glare affecting public right-of-way or
adjacent properties.
B. Noise from drive-through speakers must not be audible from adjacent residential districts.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.120. Cottage housing subdivisions.
A. Purpose and intent.
1. The purpose of this section is to achieve the goals and objectives of the land use and housing chapters
of Bozeman's growth policy and the goals of division 38.380 Affordable Housing. Cottage housing
enables higher density development by allowing smaller lots, smaller home sizes, and clustered home
sites, which are subject to design standards. This housing development option encourages more
efficient use of land and energy.
2. Cottage housing development regulations are designed to:
a. Provide opportunities for creative, diverse and high quality infill and greenfield development
compatible with existing neighborhoods;
b. Support development of diverse housing in accordance with the growth policy;
c. Increase the variety of housing types available within the community;
d. Support the creation of neighborhoods with a mix of housing opportunities for mixed incomes;
and
e. Provide opportunities for small, detached cottages within existing neighborhoods.
B. Goals.
1. Increase housing supply and the choice of housing styles available in the community as encouraged by
the growth policy;
2. Provide for development of housing that responds to changing demographics and smaller-sized
households;
3. Support the efficient use of land and higher density infill in developed areas;
4. Promote housing affordability and greater choice by encouraging smaller and more diverse home sizes;
5. Promote high-quality housing design to minimize impacts of more dense development on adjacent
properties;
6. Allow flexibility in site and design standards while promoting infill projects compatible with existing
single-household developments;
7. Ensure cottage housing contributes to the overall character of residential areas;
8. Provide for centrally located and functional common open space that fosters a sense of community;
9. Provide for semi-private areas around individual cottages to enable diversity in landscape design and
foster a sense of ownership;
10. Minimize visual impacts of parking areas; and
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11. Provide opportunities for creative, diverse and high quality developments compatible with existing
neighborhoods.
C. Cottage housing subdivisions.
1. Cottage housing developments involve the subdivision of a parcel of land, referred to herein as the
primary lot, into: a) dependent lots for individual dwellings; and b) a private common area for the
common use of the owners of the dependent lots.
2. The review procedures for cottage housing subdivisions are as follows:
a. For the creation of five or fewer lots, the provisions for approval of a first minor subdivision
apply;
b. For the creation of six or more lots, the provisions for approval of a major subdivision apply;
c. A cottage housing subdivision is exempt from subdivision review pursuant to section 38.240.310
if;
(1) The primary lot was previously reviewed as part of a subdivision;
(2) All public street, water, sewer, and stormwater infrastructure (excluding individual services
to proposed lots and internal main extensions) is installed; and
(3) All park requirements applicable to the proposed density of dwellings have been satisfied.
d. Cottage housing subdivisions meeting the requirements of section 38.360.120.D.2.c must:
(1) Include notice to the public equal to that required for a site plan in Table 38.220.420; and
(2) The subdivision application is subject to review for acceptability and adequacy pursuant to
section 38.230.090.
3. Requirements and restrictions.
a. The development as a whole must meet the development standards of this chapter applicable at
the time the subdivision application is deemed adequate.
b. The primary lot must meet the size, length, width, frontage, and similar development standards
of this chapter.
c. Homes on dependent lots do not need to meet the lot size, lot coverage, lot configuration, or
setback requirements (except watercourse and overlay district) in this chapter except as shown
in table 38.360.120.G-1. Private open space for each cottage must be provided on the same lot as
the cottage it serves and any structure must be within the boundary of the dependent lot.
d. Lot subdivisions and subsequent platting actions, additions or modifications to the structure(s)
may not create or increase any nonconformity of the primary lot.
e. Notes on the conditions of approval page of the plat must include the restrictions applicable to
the dependent lots including but not limited to:
(1) The dependent lot is not a buildable lot independent of the primary lot and associated
cottage housing development;
(2) Additional development of the dependent lots may be limited as a result of the application
of development standards applicable to the primary lot;
(3) Any and all restrictions that apply to the common open areas; and
(4) Permitted cottage square footages.
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f. A cottage housing subdivision may use the concurrent construction provisions of section
38.270.030.D without the requirement of a planned unit development.
g. Reciprocal joint use and maintenance agreements, for each dependent lot within the primary lot,
must be executed for access, use and maintenance of common garage or parking areas, common
open area and other similar features, and recorded with the Gallatin County Clerk and Recorder's
Office along with the final plat.
h. A cottage housing subdivision must include establishment of a property owner's association
which meets the requirements of sections 38.220.310 and 38.220.320. The property owner's
association must hold title to and maintain all common areas.
i. Separation or use of a dependent lot in a manner contrary to the approved cottage housing
subdivision is a material modification of the project and subject to section 38.100.070.
j. If a subdivision exemption is used to create a cottage housing subdivision, installation of all
required water and sewer mains and services, parking areas, and similar features must be
completed and accepted by the city prior to recording of the subdivision exemption; or the
developer may enter into an improvements agreement to secure the same work.
k. The following modifications require compliance with section 38.100.070:
(1) Increasing the number of cottages;
(2) Altering the character of the development by relocating common spaces, adding or
removing common buildings, or changing the design of more than 20 percent of the
cottages;
(3) Increasing the floor area in one building by more than ten percent;
(4) Changing access points to the primary lot;
(5) Moving buildings around on the site;
(6) Reducing the area of common open spaces by more than two percent; or
(7) Diminishing the effectiveness of perimeter buffers.
D. Density standards.
1. The following density standards apply to cottage housing subdivisions and replace those listed in
sections 38.320.020 and 38.320.030. A "cluster" refers to a group of cottages oriented toward a
common open area.
a. Up to two cottages may be built for each non-cottage single-household dwelling allowed under
the zoning applied to the property.
b. Existing single-household dwellings on the primary lot will count towards total units. If the
existing dwelling exceeds the maximum allowed gross floor area of a cottage it counts as two
cottages in determining maximum allowed density.
c. Minimum units per cottage cluster: four.
d. Maximum units per cottage cluster: 12.
e. Maximum units per cottage housing development: 24.
f. Accessory dwelling units are not allowed within a cottage development.
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g. When cottage housing units meet the definition of affordable housing under division 38.380 the
maximum units under (d) and (e) do not apply. Every unit in the proposed development would
have to be affordable in order to exceed the maximum.
2. Existing dwellings. An existing detached single-household dwelling that is incorporated into a cottage
housing subdivision as a residence and which exceeds the standards of this section may remain and will
be counted as one or more of the allowed units. However, the extent of the noncompliance may not be
increased unless the proposed change is determined by the review authority to be consistent in
character, scale and design with the cottage housing development. Repair, maintenance and
reconstruction of a nonconforming dwelling are regulated by division 38.280. An existing dwelling may
be replaced with cottage units consistent with this section.
E. Departures from the design standards in this section.
1. An applicant may request departures from the provisions of paragraphs G-I of this section. Departures
must be consistent with the purpose, intent and requirements of this section.
2. The applicant must describe each requested departure, and document in writing how the departure is
consistent with the purpose, intent and requirements of this section.
3. A departure must not exceed ten percent of any numeric standard. A departure may not alter
procedural requirements. A departure may only apply to the application of standards internal to the
primary lot and not to standards applicable to the separation or interaction of cottage housing to an
adjacent parcel.
4. The review authority may approve a departure after documenting in writing that the departure is
consistent with the intent, purpose and requirements of this chapter; and do not threaten the public
health, safety, or welfare.
F. Design standards. The cottage housing option minimizes the required sizes of side, rear, and front setbacks
on dependent lots. As a result, small lots are ultimately shaped by building configuration. Designers should
consider how the arrangement of interior space affects exterior massing and how the configuration of
building elements responds to adjacent buildings. Design strategies incorporating neighborhood context
include considerations of: building height transitions, arrangement of buildings and open space, landscape
elements, vehicular drive aisles and pedestrian paths, and architectural details and scaling devices that break
down the massing of the development. With reduced setback requirements and small lot areas, providing
access to air, light, and ventilation is more challenging than with typical single dwelling designs. Architects
and builders must use the following design standards to take full advantage of the unique design
opportunities presented to them to create livable environments.
These design standards:
1. Ensure that cottage designs are based on a coherent architectural concept;
2. Ensure that the overall sizes of cottages are smaller and cause less visual impact than standard sized
single-household dwellings;
3. Ensure that cottages contribute positively to the architectural character of the neighborhood;
4. Provide flexibility in design and contrast among individual cottages while assuring attention to design
features and character; and
5. Provide variety in cottage housing developments through a mixture of building sizes and footprints.
The following table establishes specific performance standards for development of cottages and cottage housing.
All cottage development must be evaluated against the standards of this table.
Table 38.360.120.G-1
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Standard Requirement
Minimum number of cottages with less than 1,000
square feet gross floor area
25% of total cottages
Maximum number of cottage exceeding 1,200 square
feet gross floor area
25% of total cottages
Maximum gross floor area per cottage 1,500 square feet
Maximum cottage footprint 1,000 square feet (includes attached garages)
Maximum size of 2nd floor 100% of gross floor area of 1st floor
Minimum floor area per cottage Minimum livability standards as defined by Chapter 3
of the International Residential Code
Minimum common open space per cottage (See
subsection H below for more information)
400 square feet
Minimum private open space per cottage (See
subsection F.10 below for more information)
200 square feet
Maximum height for cottages 25 feet for two stories and 18 feet for single story
cottages
Maximum dormer size Dormers greater than 40% of sidewall width in
aggregate will be considered a floor
Setbacks (to exterior property lines of primary lot) See 38.320.020 or 38.320.030 as applicable; except
that porches and steps may encroach up to five feet
into a required front setback
Maximum height for accessory structures and
community buildings
18 feet
Minimum distance between detached structures
(including accessory structures)
Seven feet with allowed eave protrusion into the
required distance of up to 18 inches
Lot coverage Allowed lot coverage within individual dependent lots
- 100% so long as all other standards are met allowed
lot coverage within primary lot - As otherwise
restricted in this section
6. Cottage size. Areas within a cottage which do not count toward the gross floor area or footprint
calculations:
a. Interior spaces with a finished ceiling height of six feet or less, such as in a second floor area
under the slope of the roof;
b. Unheated storage space located under the ground floor of the cottage;
c. Attached unenclosed porches;
d. Detached garages;
e. Carports; or
f. Architectural projections (i.e., bay windows, fireplaces or utility closets) no greater than 12 inches
in depth and four feet in width.
7. Documentation of approved cottage size. The total approved square footage of a cottage must not be
increased from its approved size by more than two percent. A note must be placed on the conditions of
approval sheet of the final plat stating this limitation for each dependent lot and noting the approved
size of the cottage for that dependent lot.
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8. Roofs. A gable, hipped, or other sloped roof form is required. Non-sloped roofs may be considered as a
departure. Dormers are allowed.
9. Orientation of cottages.
a. Each cottage must be oriented toward a common open space, and not less than 60 percent of
the units must abut the common open space;
b. Dependent lots in a cottage housing development are not required to abut a public street. Lots
not abutting a public street must provide legal and physical access from a public street to the
dependent lot;
c. Each cottage abutting a public street (not including alleys) must have a secondary entrance,
porch, bay window, or other architectural enhancement oriented to the public street;
d. Cottages must be arranged around the common open space. The cottage's main entries may be
either off the common open space or from the public street.
10. Private open space. The private open space required in Table 38.360.120.G-1 must be provided
contiguous to each cottage and be contained within the boundary of the dependent lot for the
exclusive use of the cottage residents. Orientation of private open spaces toward the common open
space is required unless applicant demonstrates that an alternative location provides a superior
outcome for both the individual cottage and cottage housing subdivision. The area of an unenclosed
porch may be included in the required private open space. Private open space must have no dimension
less than ten feet.
11. Basements. Cottages may have basements. In areas where groundwater is determined to be at a depth
of less than nine feet no basement is allowed.
12. Cottages located facing a public street. Cottages located facing a public street must provide:
a. A covered entry feature (with a minimum dimension of six feet by six feet) visible from the street;
b. At least two architectural details visible from the street, such as:
(1) Decorative lighting;
(2) Decorative trim;
(3) Special door details;
(4) Trellis or decorative building element;
(5) Bay window; or
(6) Alternative design treatments, which may be considered by the review authority on a case-
by-case basis.
13. Character and diversity. Cottages and accessory buildings within a cluster must be designed within the
same family of architectural styles.
a. Examples of unifying architectural elements include:
(1) Similar building/roof form and pitch;
(2) Similar siding materials;
(3) Similar porch detailing; and
(4) Similar window trim.
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b. Variety in building and site design. Cottage housing developments must avoid the repetitive use
of the same combination of building size, styles, features, and site design elements within an
entire cottage housing subdivision and between adjacent dwellings. Dwellings with the same
combination of features and treatments may not be located adjacent to each other.
c. Porches. Porches must create a visual and physical connectivity to the common open space and
to other cottages. Cottage porches must:
(1) Be unenclosed, covered;
(2) Surround or enclose the primary entrance to the cottage;
(3) Be oriented toward a common open space or a public street; and
(4) Have at least 80 square feet in area with no horizontal dimension shorter than six feet.
d. Façade transparency. Transparent windows and/or doors are required on the façades of cottages
facing a street and common open space. The area of the windows and doors must be at least ten
percent of the area of the façade on which they are located.
14. Fence design standards. The standards of this paragraph are in addition to the standards of section
38.350.060.
a. Fencing and screening. The intent of internal decorative fencing and screening is to delineate
private yards and to screen parking structures, community assets and cottage walls. A cottage
housing development must internally be an open community sharing common areas;
b. Decorative fencing may be used for delineating private yards;
c. Fencing or shrubbery may be used to screen parking areas, community assets, and cottage walls;
d. Dependent lot fencing and shrubbery may not exceed 36 inches in height, except directly
adjacent to a parking area.
G. Community assets.
1. Common open space. Setbacks and common areas serve a dual function, and therefore deserve
particular attention. They act both as habitable outdoor space for owners and as shared areas within
the proposed development and the neighborhood. The setback is a visual amenity to the development,
neighborhood, and passers-by. Additionally, it serves as a semi-transparent bridge between the private
interior of the home and common areas. Landscaping should be visually interesting, sustainable, and
relatively easy to maintain. The minimum common open space requirements set forth in this section
are intended to provide a sense of openness, visual relief, and community. Common open spaces
provide many of the functions of required rear and front setbacks in sections 38.320.020 and
38.320.030. Common open space must provide a centrally located, focal area for the cottage housing
subdivision.
a. The total common open space must be at least 1,600 square feet, regardless of the number of
units in the cluster;
b. The required common open space may be divided into no more than two separate areas per
cluster;
c. To be included as part of the common open space requirement, a common area must have
minimum dimensions of 20 feet on all sides;
d. At least two sides of each common open space must have cottages along the perimeter;
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e. Common open space must comply with the term's definition in section 38.700.040. However, the
building footprints of community buildings, excluding garages, are counted towards the common
open space requirements;
f. Landscaping requirements:
(1) All common open spaces must have landscaping as defined in section 38.700.110 except
those portions developed for play structures, common structures, gardens or similar uses;
(2) All cottage housing developments must be designed to have a minimum of 160 square feet
of tree canopy cover per dwelling at maturity of the species selected for the landscaping;
(3) The provisions of section 38.550.060 do not apply to cottage housing subdivisions.
2. Community buildings.
a. Community buildings are permitted in cottage housing developments.
b. Community buildings must be clearly incidental in use and size to cottages.
c. Design must be similar to and compatible with the design of the cottages.
d. Other shared facilities could include tool sheds, gazebos, workshops, or similar common
elements.
3. Storage.
a. Storage closets for each cottage may be included as part of community buildings or added to
garages.
b. Storage for gardening supplies or similar shared items may be included as part of a community
building.
H. Access and parking.
1. Purpose. The intent of these access and parking standards is to minimize the visual impact of vehicles
and parking areas for residents of the cottage housing development and adjacent properties and to
provide for adequate off-street parking for cottage housing.
2. Off-street parking.
a. No off-street parking space is required to be enclosed.
b. Garages may not exceed 125 percent of the minimum width or area required by Table
38.540.020 for a single vehicle.
c. Guest parking may be clustered with resident parking. Guest parking must be clearly identified as
reserved for visitors.
d. At least one stall of each parking type must meet the accessibility standards of the building code.
e. Enclosed garages may not be located on the façade of the cottage with the primary entrance.
Carports or unenclosed parking adjacent to a cottage may be on the façade with the primary
entrance.
3. Parking design. The intent of these parking design standards is to create unobtrusive parking, by
screening parking structures and spaces from surrounding properties, including screening by
architectural design and/or vegetation, and by minimizing the number of contiguous parking spaces.
a. Shared detached garage structures may not exceed four garage doors per building and a total
footprint of 1,200 square feet.
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b. Parking must be separated from the common open space, adjacent properties, and public streets
by landscaping and/or architectural screening. Solid board fencing is not allowed as an
architectural screen. Exception: One parking structure may be adjacent to the common open
area, if the garage includes architectural features to make it look consistent with the cottages
and community buildings.
c. Parking, including garages, must be set back a minimum of 20 feet from a public street.
d. The parking layout must be designed to minimize walking distance to cottages.
e. A sloped roof is required for all parking structures.
f. The design of garages and carports, including roof lines, must be similar to and compatible with
that of the cottages within the cottage housing development.
g. Parking may be located between or adjacent to cottages or common garages, if it is located
toward the rear of the structure and is served by an alley or driveway.
h. Parking stalls, circulation areas, and related spaces must comply with division 38.540. If there is a
conflict between division 38.540 and this paragraph, the provisions of this paragraph apply.
4. Walkways.
a. A system of interior paved walkways must connect all cottages with each other, the parking area,
and the sidewalks abutting any public streets bordering the cottage housing development.
b. Interior walkways must be a minimum of five feet and a maximum of eight feet in width.
(Ord. No. 1994, §§ 5, 6, 3-31-2018; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2105, §§ 10, 11, 9-27-2022)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.130. Essential services.
A. In recognition of Section 69-4-201, MCA, city ordinances cannot conflict with the National Electric Safety
Code (NESC).
B. In recognition of Section 69-3-102, MCA, 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 section 38.230.160. Reuse, change in use or
further development of sites developed prior to September 10, 2014 (Ordinance No. 1893).
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.135. Group living.
A. Applicability. All group living uses (as defined in section 38.700.080) except for health care facilities and
community residential facilities with eight or fewer residents are subject to the standards of this section.
B. Density.
1. 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
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addresses areas of legitimate public concern and the purposes of zoning as established by the state
legislature and adopted locally in section 38.100.040.
2. 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.
3. Group living use requires the following area of land within the site for each resident.
District Name Minimum Area Required per Resident in Square Feet
REMU, R-4, and R-O 602
RS and R-1 1,000
R-2, R-3, R-5, RMH 750
C. On-site service and facilities. In any R district other than REMU, on-site services and facilities may be provided
only to residents of the group living use.
D. 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.
E. On-site open space for group living uses is required per section 38.520.060.
(Ord. No. 2029, § 9, 12-18-2019; Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.140. Transitional and emergency housing.
A. Purpose and intent. 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.
B. Applicability. This section applies to all transitional and emergency housing and related services as defined in
section 38.700.180.
C. Required standards. All applicable development standards of this chapter apply unless noted in this
subsection C. In addition, the following standards must be met in order for a special use permit to be granted
for the use:
1. Transitional and emergency housing may be provided in:
a. A shared structure on any level where residential use is allowed;
b. A mixed-use structure on any level where residential use is allowed;
c. Detached ground-level units only if the units include individual bathrooms.
2. The structure must be on a permanent foundation.
3. 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.
4. On-site facilities and related services are provided only for the residents of the transitional and
emergency housing unless the provision of such services to non-residents is permitted in the applicable
zoning district.
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5. This use is exempt from parkland dedication requirements. Open-space requirements per section
38.520.060 apply.
6. A management plan from the applicant addressing the following factors:
a. Provision for continuous on-site management from an employee or volunteer during all hours of
operation.
b. Staff training.
c. Intake screening of clients to insure compatibility with services provided at the facility.
d. Client code of conduct.
e. Provision of on-site storage for clients' belongings.
f. Security measures to be adopted.
D. Additional criteria. The review authority may, in its sole discretion, apply additional criteria the review
authority deems necessary to mitigate impact(s) of the proposed use as a condition of approving a special
use permit, including but not limited to:
1. The site where such use is proposed is within ¼ mile of a sheltered public transit stop.
2. Limitation on the maximum occupancy and/or number of beds provided by the facility.
(Ord. No. 1997, § 3, 3-19-2018; Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.150. Home-based businesses.
A. 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.
B. Home-based business as accessory use.
1. 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, and must comply with the standards of subsection C of this section.
2. Purpose. It is in the intent 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 division 38.560 of this chapter. 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.
3. 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:
a. Such home-based business must be conducted by resident occupants in their residence with not
more than one on-premises halftime nonresident employee;
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b. No more than 25 percent of the gross area of all structures may be used for such purpose;
c. 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;
d. 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;
e. There shall be no outside storage of any kind related to the home-based business;
f. 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
g. No use must 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.
4. 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 such person's home, must acknowledge by
signature such person's understanding of the requirements and conditions of this chapter.
C. Home-based business as special use.
1. 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 thereof or adversely affect the principal uses
permitted in the residential 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. The home-based business must comply with the standards of
subsection C.3 of this section.
2. Special use. It is the intent of this section to provide, through the special use process established in
division 38.230 of this chapter, 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 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.
3. 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:
a. Such home-based business must be conducted by resident occupants with not more than one on-
premises halftime nonresident employee;
b. No more than 30 percent of the gross area of all structures may be used for such purpose;
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c. 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;
d. 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;
e. There may be no outside storage of any kind related to the home-based business;
f. 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;
g. Home-based businesses by special use permit may only be allowed on lots occupied by single-
household detached dwellings;
h. Such special use must be subject to all conditions set forth in this chapter, except the provisions
of section 38.550.060, Landscape Performance Standards; and
i. 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.
4. 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 division 38.230 of this chapter. The community
development director must determine if a home-based business requires a special use permit.
D. Complaints. Complaints by citizens of the city may be cause for termination of the home-based business.
Final administrative actions in relation to complaints are subject to appeal per article 2 of this chapter.
E. 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; medical marijuana
not meeting the exclusion in section 38.360.180.A.3; mobile oil and lube services; painting of vehicles,
trailers or boats; private schools with organized classes; radio or television repair; and upholstering.
F. Appeal to city commission. Any person may appeal the community development director's action relating to
a home-based business as provided for by article 2 of this chapter.
(Order No. 2018-01, § 10, 4-18-2018; Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.160. Large-scale retail, size limitations and design and site development
guidelines and requirements.
A. Purpose.
1. The purpose of this section is to establish general development standards for large scale retail
developments. These standards are intended and designed to ensure compatibility of uses; to prevent
urban blight, deterioration and decay; and to enhance the health, safety and general welfare of the
residents living within the city.
2. These standards are also intended to supplement applicable project design standards of article 5 of this
chapter and be used as guidelines for evaluating the quality and design of proposed large scale retail
developments. The particulars of any large scale retail development will be evaluated against their
respective standards contained in this division 38.360. It is expected that the quality and design of large
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scale retail developments, while not necessarily complying with the exact standards of this division, will
meet or exceed the intent behind these standards.
3. Applicability. All uses listed in this division 38.360 must comply with the specific standards described
for each use, in addition to all other applicable standards which may apply.
B. Design and site development guidelines for certain retail developments.
1. Retail development consisting of a single-tenant building greater than 40,000 square feet must comply
with the design and site development criteria and development standards contained in subsections B.2
and 3 of this section. These guidelines must be applied as part of the review and approval process for
use permits and detailed applications. If there is any conflict between the project design standards in
article 5 of this chapter and the guidelines herein, the more restrictive provision must apply. The
guidelines in this section must not be applied to any development or portion of a development that is
covered by an approved use permit as of March 21, 2003, unless modifications to the use permit are
proposed by the applicant.
2. Design criteria and development standards. In addition to all other applicable review procedures and
design criteria, all development governed by this section must exceed the site, building, and
landscaping design standards of divisions 38.520—38.530 and 38.550, regardless of location or zoning
district. Said design standards must be exceeded through design practices such as additional
architectural detailing, exceptional landscape design, improved public spaces, use of renewable energy
and/or recycled construction materials, and provisions for alternative modes of transportation. The
review authority must determine whether established design standards have been exceeded based on
a recommendation from the design review board.
3. Adaptability for reuse/compartmentalization. The building design must include specific elements for
adaptation for multi-tenant reuse. Such 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. Façades that readily adapt to multiple entrances and adapt to entrances on all but one side of the
building;
c. Parking lot schemes that are shared by establishments or are linked by safe and functional
pedestrian connections;
d. Landscaping schemes that complement the multiple entrance design; and
e. Other elements of design which facilitate the multi-tenant reuse of the building and site.
4. Appeals. Appeals may be taken as provided for in division 38.250 of this chapter.
C. Additional criteria and site development guidelines for certain retail developments.
1. Applications for large scale retail development must include a renewal plan that will afford maximum
opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or
redevelopment of the structure in the event of closure or relocation by the original occupant. Such
plan will be approved if the review authority finds that:
a. The plan conforms to the city's growth policy and the requirements of this chapter or parts
thereof for the municipality as a whole;
b. A sound and adequate plan exists for said redevelopment;
c. The plan affords maximum opportunity for rehabilitation or redevelopment of the structure by
both private enterprise and the city; and
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d. The renewal plan provides a maintenance plan for normal repairs and upkeep of property,
including but not limited to building, parking lot and surfacing, landscaping, signage and
elimination of legible impressions, images, or remnants of signs remaining on a building or sign
surface after the use for which the sign was permitted ceases to operate.
2. The city may enter into an agreement with the owner of the real property and undertake activities,
including the acquisition, removal or demolition of structures, improvements or personal property
located on the real property, to prepare the property for redevelopment. A development agreement
entered into in accordance with this section must contain provisions obligating the owner to redevelop
the real property for a 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.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.170. Manufactured homes on individual lots.
A. Intent. It is the intent of this section to allow manufactured homes, as defined in section 38.700.120 of this
chapter, in specified zoning districts in which similar single-household dwellings constructed on the site are
permitted subject to requirements and procedures set forth herein to ensure acceptable similarity in exterior
appearances between such manufactured homes and dwellings that have been or might be constructed
under these and other regulations on adjacent lots in the same district or area. It is the intent of this section
to permit only those manufactured homes certified as meeting the Mobile Home Construction and Safety
Standards of the U.S. Department of Housing and Urban Development.
B. Application, material to be supplied. One copy of the application for the proposed manufactured home on
the individual building lot must be submitted to the building department in conjunction with the application
for a building permit for the building foundation. The application must include all information deemed
necessary by the community development director to make determinations as to conformity with subsection
C of this section, and it must include a minimum of color photographs of all sides of the manufactured home;
the nearest existing residences or other grounds or buildings on each side of the proposed site; existing
residences or grounds fronting upon the same street as the proposed site and opposite thereto, and those
within 150 feet of each corner of the proposed site. As a minimum requirement, it must also include a
description of siding and roofing material in sufficient detail as to make possible determination as to its
appearance and durability.
C. Standards for determination of acceptable similarity in exterior appearance and construction. The following
standards must be used in determinations of acceptable similarity in appearance and construction between
manufactured homes with permanent foundations and residences constructed near the site to ensure that
such manufactured homes will be compatible in appearance with site built housing that has been or may be
constructed in adjacent or nearby locations:
1. The roofing material must be shake, tile, composition shingle, or other materials commonly found on
conventionally built homes in the surrounding areas.
2. The exterior covering material must be similar or closely compatible to that found on conventionally
built residential structures in the surrounding area. Reflection from such exterior must not be greater
than from siding coated with clean, white, glossy, exterior enamel.
3. The exterior covering material must extend below the top of the foundation.
4. A solid concrete or masonry perimeter foundation must be used.
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5. The exterior covering and roofing materials of additions or accessory buildings must be compatible
with the materials on the manufactured home.
6. The manufactured home must be located on the lot so that the home presents a primary entrance to
the principal street frontage. Such primary entrance may be established by the presence of porches,
overhanging gables, and similar architectural features consistent with the character of site built homes
in the near vicinity.
7. Manufactured homes may be approved for location on individual building lots only if they have been
certified as meeting the Mobile Home Construction and Safety Standards of the U.S. Department of
Housing and Urban Development.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.180. Marijuana.
A. Any activity involving a marijuana business as defined in chapter 16 of this code must meet all requirements
of state law including, but not limited to, the standards of MCA tit. 16, ch. 12(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
division 38.700 of this chapter 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 code, 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 section 38.360.180 A(1)(a)—(e)
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
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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 in a—e, may
continue to operate in the established location at the size and capacity originally licensed.
3. Any activities meeting the definitions of "agriculture," "manufacturing," "office" or "retail" as
established in article 7 of this chapter 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-4 and
R-5 districts, or on properties adjacent to Main Street within the core area of the B-3 district as defined
in section 38.300.110.D.
4. The requirements of subsections 1 and 2 of this section 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 section 38.200.100.
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.
(Ord. No. 1994, § 7, 3-31-2018; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2084, § 4, 11-9-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.190. Mini warehouses.
A. Minimum site size must be one acre.
B. On-site circulation, drives and parking.
1. Each mini warehouse site must provide a minimum of two exits;
2. 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;
3. All two-way drive aisles must provide for one ten-foot parking lane and two ten-foot travel lanes; and
4. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
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Figure 38.360.190.
Mini warehouses.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.200. Outdoor sales and display.
A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user may be
displayed beyond the confines of a building in any commercial district, but the area occupied by such
outdoor display must not constitute a greater number of square feet than ten percent of the ground floor
area of the building housing the principal use, unless such merchandise is a type customarily displayed
outdoors, such as automobiles and garden supplies. In such cases, the maximum area for outdoor sales and
display must not exceed 50 percent of the total lot area.
B. Outdoor sales and display areas must not be located in any required setback and are also subject to section
38.320.110.
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Figure 38.360.200.
Outdoor sales and display.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.210. Recreational vehicle park and overnight campground.
A. Recreational vehicle parks and overnight campgrounds are included in the state classification of land
subdivisions by rent or lease. Therefore, applicants for such developments must apply for and be reviewed
under both site plan and subdivision procedures unless exempted by section 38.240.200.
1. Recreational vehicle parks must be screened from view of any adjacent residential development.
2. Internal circulation roads must be paved with a concrete or asphaltic concrete surface.
3. Individual recreational vehicle parking pads must be plainly marked and maintained with a dust free
surface.
4. Individual recreational vehicle parking pads must be set back at least 30 feet from the perimeter of the
park and 30 feet from any public street right-of-way.
5. Approved trash disposal, bathroom and laundry facilities, including facilities for the handicapped, must
be provided for use of overnight campers.
6. Recreational vehicle spaces must be separated by no less than 15 feet and must be no less than 1,500
square feet in area.
Figure 38.360.220.
Recreational vehicle park and overnight campground.
(Ord. No. 2059, § 3, 1-26-2021)
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Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.220. Single, two, three, and four-household dwellings.
A. Purpose.
1. To enhance the character of the street.
2. To maintain "eyes on the street" for safety to pedestrians and to create a more welcoming and
interesting streetscape.
3. To de-emphasize garages and drive aisles as major visual elements along the street.
4. To provide usable setback space for residents.
B. Entries.
1. Clear and obvious pedestrian access between the sidewalk and a building entry that faces the street is
required for new dwellings (the driveway may be used to help meet this requirement).
2. All new dwellings must provide a covered pedestrian entry with minimum weather protection of three
feet by three feet.
C. Residential garages.
1. Where lots abut an alley, it may be necessary to take access from alley to meet another standard in the
municipal code.
2. See section 38.350.070 for garage location and design standards.
D. Driveway access standards. See section 38.400.090.
E. Minimum useable open space for alley-loaded lots. All new alley-loaded dwelling units must provide a
contiguous open space within the side or rear yard with a minimum dimension of 15 feet on all sides. The
open space(s) must be equivalent to ten percent (minimum) of the lot size (excluding area within an adjacent
alley or right-of-way). For example, a 6,000 square foot lot would require a contiguous open space of at least
600 square feet, or 20 feet by 30 feet in area. Drive aisles do not count in the calculations for usable open
space. Additions must not create or increase any nonconformity with this standard.
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Figure 38.360.220.E.
Examples of how to meet open space requirements for alley-loaded lots.
(Order No. 2018-01, § 11, 4-18-2018; Ord. No. 2014, § 9, 6-3-2019; Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.230. Stable, commercial.
A. The minimum property size must be ten acres.
B. Structures or facilities used for stabling, storing, showing or training of animals must be set back a minimum
of 100 feet from any adjacent privately owned property. Dwelling units, accessory structures incidental to
dwelling units and irrigated pasturage may occur within the 100-foot setback area, subject to the setback
requirements of the applicable zoning district.
C. There must be at least a 20-foot setback adjacent to any street.
D. Shows or other activities which would generate more traffic than is normal to a residential area are
prohibited, unless the proposed site has direct access from an arterial street as set forth in the city growth
policy. Permission for such shows and activities must be obtained from the city. Notification must be
provided in a letter that explains the nature and duration of the activity, and accommodations for spectators,
traffic control and additional parking for cars and trailers. This letter must be submitted to the community
development department at least one month prior to the date of the show or activity.
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E. All pasture and animal storage areas must be enclosed with fences or walls of a minimum of four feet six
inches in height. The design of these enclosures must be shown on drawings submitted with the special use
permit application.
F. All laws applicable to public health and appropriate care of animals must be complied with for the entire
period of operation of the stable.
G. All activity and pasture areas that are not grassed must be treated for dust control.
H. Adequate parking for daily activities must be shown on the site plan and improved to city parking standards.
Additional parking must be provided for shows or other special events. Amounts and required improvements
to temporary parking must be determined through a special temporary use permit if such temporary parking
was not shown and approved through the original approval.
Figure 38.360.230.
Stable, commercial.
(Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2124, § 26, 10-18-2022)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.240. Tennis and racquet club.
A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. Perimeter fencing of the site may be required. Fencing of outdoor courts must not exceed 16 feet in height,
and fencing may be required to be opaque by the review authority.
C. When the club is located within a residential zoning district, shows, tournaments or other activity which
would generate more traffic than is normal to a residential area are prohibited, unless access is provided
from an arterial street as set forth in the city's long range transportation plan. If access is not provided from
an arterial street, permission for such shows and activities must be obtained from the city through the
special temporary use process.
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D. There must be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as otherwise
determined by the ADR or DRB.
E. Hours of operation may be controlled by the review authority.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.250. Townhouse and rowhouse dwellings.
A. Purpose.
1. To enhance the character of the street.
2. To maintain "eyes on the street" for safety to pedestrians and to create a more welcoming and
interesting streetscape.
3. To de-emphasize garages and drive aisles as major visual elements along the street.
4. To provide usable open space for residents.
5. To reduce the apparent bulk and scale of large townhouse/rowhouse buildings.
6. To promote architectural variety that adds visual interest to the neighborhood.
B. Parking and garage access.
1. Setbacks. See division 38.320 for minimum building and garage setbacks for the applicable district.
2. For buildings with less than five attached units, see section 38.350.070 for parking and garage
standards.
3. Buildings with five or more attached units are subject to the landscaped block frontage standards as
set forth in section 38.510.030.C. This includes standards for entrances, façade transparency, weather
protection, parking, landscaping, and sidewalk widths.
4. Individual garages facing the street are not allowed in the B-3 district when an alley is adjacent to the
property.
5. See section 38.400.090.C. for driveway standards.
C. 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:
1. 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.
2. 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.
Alternative designs will be considered, provided they meet the intent of the standards.
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Figure 38.360.250.C.
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).
D. Internal drive aisle standards.
1. Must meet minimum widths of any city adopted International Fire Code.
2. 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.
3. Upper level building projections over drive aisles are limited to three feet, and must comply with
provisions in subsection D.2 of this section.
E. Usable open space. Townhouse and rowhouse dwellings must provide open space at least equal to ten
percent of the building living space, not counting automobile storage. The required open space may be
provided by one or more of the following ways:
1. Usable private open space directly adjacent and accessible to dwelling units. Such space must have
minimum dimensions of at least 12 feet on all sides and be configured to accommodate human activity
such as outdoor eating, gardening, toddler play, etc. Front setbacks may be used to meet this standard,
provided they are defined with a fence meeting the standards of section 38.350.060.
2. Balconies, roof decks and/or front porches.
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Figure 38.360.250.E.2.a.
Usable open space examples for townhouses/rowhouses.
Figure 38.360.250.E.2.b.
Usable open space examples for townhouses/rowhouses.
F. Building design.
1. Townhouse/rowhouse articulation. Townhouse and rowhouse buildings must comply with residential
building articulation standards as set forth in section 38.530.040.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 façades facing a street, common or
other shared open space, and common parking areas at intervals no greater than 15 feet.
2. Repetition with variety. [see figures 38.360.250.F.1 and 2] Townhouse and rowhouse developments
must employ one or more of the following "repetition with variety" guidelines:
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a. Reversing the elevation of two out of four dwellings.
b. Providing different building elevations by changing the roofline, articulation, windows, and/or
building modulation patterns.
c. 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).
d. 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 intent of the standards.
Figure 38.360.250.F.1.
Acceptable townhouse configuration employing the repetition with variety concept.
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Figure 38.360.250.F.2.
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 façade detailing. The
internal and external units in the right example include reverse elevations.
(Order No. 2018-01, § 12, 4-18-2018; Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.260. Short term rentals.
A. Purpose and intent. The purpose of this section is to provide for the regulation of short term rentals in
certain zoning districts within the city to preserve neighborhood character and promote a supply of long
term rental housing stock, while encouraging economic activity and diversity, and to promote public health,
safety, and welfare.
B. Applicability.
1. The provisions of this section apply to transient occupancy of a short term rental as defined herein.
2. 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).
3. A lower-priced or moderate-priced home subject to and defined by chapter 38, article 380, 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 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.
C. Definitions. For purposes of this article, the following definitions apply:
1. "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.
2. "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.
3. "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 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.
4. "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).
5. "Primary residence" means the dwelling unit a natural person occupies for a minimum of 70 percent of
the calendar year. A natural person can have only one primary residence.
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6. "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.
7. "Short term rental is defined in article 7 of this chapter."
8. "Transient occupancy" of a short term rental means occupancy which has the following characteristics:
a. The period of occupancy is less than 28 consecutive days, and
b. The person(s) occupying the short term rental has a primary residence other than the short term
rental.
D. Short term rental classifications. Short terms rentals are classified as:
1. Type-1: A short term rental of one or more bedrooms in a host's primary residence while the host is
occupying the same dwelling unit for the entire short term rental period.
2. 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:
a. 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.
b. 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.
E. Where allowed. A host may operate a short term rental in all zoning districts where such use is authorized in
chapter 38 subject to the requirements of this chapter and pursuant to a valid and current short term rental
hosting permit.
F. Compliance with laws.
1. 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 J. of this section.
2. 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.
G. 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:
1. 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 38.360.260.J.2. by maintaining an
online tool accessible to the city that includes all required data. All rules are subject to city commission
review and modification.
2. Adopt forms. The director will adopt all forms and prescribe the information to be given therein.
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3. 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.
4. Investigate. The director will investigate and determine the eligibility of any applicant for a short term
rental permit as prescribed herein.
5. 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.
6. 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.
7. 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.
H. Hosting permits. The following requirements apply to all short term rental hosting permits unless otherwise
noted.
1. 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.
2. 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:
a. 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.
b. The state department of revenue tax registration number for the short term rental.
c. 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.
d. 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.
e. 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.
f. All hosting platforms on which the short term rental is listed.
g. The permit fee and fire inspection fee.
3. Safety inspections.
a. 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
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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.
b. 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.
c. 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.
4. 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.
5. Fees. Short term rental hosting permit and inspection fees shall be established by resolution of the city
commission.
6. 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:
a. The director determines the short term rental meets all city requirements for a permit; and
b. 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 department of health and human
services pursuant to MCA Title 50, Chapter 51.
7. 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.
8. 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.
9. 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.
10. 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
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.
I. Short term rental standards. The following requirements apply only to type-2 short term rentals unless
otherwise noted.
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1. 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.
a. 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.
b. The list of rules must include those rules required by this section to be included.
c. The list of rules must be prominently displayed within the short term rental.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Noise and nuisance.
a. The host 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.
b. 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.
c. 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.
J. Hosting platforms obligations.
1. 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.
2. 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:
a. The address of each short term rental located in the city for which it conducts a booking
transaction;
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b. The name of any host or responsible person for each transient occupancy for which the hosting
platform conducted a booking transaction.
3. 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.
4. 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.
K. Violations; enforcement.
1. 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:
a. Failure to comply with any provision of this Code;
b. 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;
c. Cancellation of the health department's public accommodation license, tax authority registration,
or any other required permit; or
d. The securing of the permit by fraud or misrepresentation, including but not limited to supplying
false or incorrect information on the permit application.
2. 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.
a. The host will be notified in writing by the director at least seven days prior to the action
contemplated and the reasons therefore.
b. 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.
c. 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.
d. 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.
3. 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.
a. For any violation by a host, the director may recover a civil penalty of not more than $500.00.
b. For any violation by a hosting platform, the director may recover a civil penalty of not more than
$500.00.
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4. Appeal. An aggrieved person may file an application to appeal the matter to the city commission
according to the procedures in section 38.250.030.
5. Unpaid fee constitutes debt. The amount of any unpaid fee, the payment of which is required
hereunder, constitutes a debt due the city.
6. Violation constitutes a misdemeanor. In addition to suspension or revocation under subsection 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 section 38.200.160 except a person may not be
imprisoned for a violation of this section.
(Order No. 2018-01, § 13, 4-18-2018; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2131, § 2, 8-11-2023; Ord. No. 2149,
§ 2, 11-14-2023)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.270. Agricultural uses in residential suburban.
Agricultural use standards per two and one-half acres: one horse or one cow; two sheep or two goats; ten
rabbits; 36 fowl (chickens, pheasants, pigeons, etc.) or six larger fowl (ducks, geese, turkeys, etc.). For larger
parcels the review authority may determine that a larger number of livestock is consistent with the requirements
of this section.
(Ord. No. 2059, § 3, 1-26-2021)
Editor's note(s)—See the editor's note to § 38.360.070.
Sec. 38.360.280. Agricultural water user facilities.
A. Purpose. 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.
B. Notice requirements concerning agricultural water user facility:
1. 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, 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 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 45 calendar 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 for an incorporated or otherwise
organized group of water users such as a ditch or canal company, and the water users have
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officially elected or otherwise appointed a representative or group of representatives, written
notice shall be to the agricultural water user facility's authorized representatives.
b. In the event the agricultural water user facility conveys water for water users that have not
organized or officially elected or otherwise appointed a representative, the developer shall give
written notice to all water users.
c. In the event the agricultural water user facility conveys water in a combination of the scenarios
described in i and ii above, the subdivider shall give written notice to the agricultural water user
facility's authorized representatives, and any water users not represented by the agricultural
water user facility's authorized representatives.
d. The Montana Department of Natural Resources and Conservation is the agency that maintains
the official records for water rights.
3. The pre-application or concept plan submittal shall 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.
4. If the water users and/or agricultural water user facility's authorized representatives have provided the
applicant with written comments, those comments shall be submitted with the pre-application or
concept plan submittal.
5. 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 shall comply with the notice and documentation requirements described above to be
submitted with the formal application.
6. 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. 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. Agricultural water user facilities may also be subject to section 38.410.060.
(Ord. No. 2089, § 22, 12-7-2021)
DIVISION 38.370. WIRELESS FACILITIES
Sec. 38.370.010. Intent, 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 growth policy, and is an important part of
the public welfare;
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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 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 38.370 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 38.370 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 7 of this chapter.
1. The provisions of this division 38.370 only apply to facilities which meet the definition of a wireless
facility or that are otherwise specifically brought under the authority of this division 38.370.
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Sec. 38.370.020. Special submittal requirements.
In addition to the materials required by division 38.220 of this chapter for site plans or special use permits,
the materials required by section 38.220.170 must be submitted.
(Ord. No. 2124, § 27, 10-18-2022)
Sec. 38.370.030. Uses within districts and required review procedures.
A. Purpose. This section authorizes telecommunication uses in specific districts. Unless specifically exempted by
this division 38.370, all other standards and procedures of this chapter must apply.
1. The Montana Subdivision and Platting Act (MCA 76-3-101 et seq.) may require subdivision review when
land interests are created by rent or lease. Depending on how the ownership and use of land for a
facility subject to this division 38.370 is established, subdivision review may be required in addition to
site plan review.
B. No wireless facility may be permitted except in accordance with the development review processes indicated
in Table 38.370.030 in subsection B.1 of this section, based on the applicable zoning district and scope of the
proposed facility. All applications are subject to the review processes, submittal requirements and other
requirements of articles 38.230, 38.430 and 38.220 of this chapter as may be applicable.
1. Review procedures. Uses: P = Principal uses; S = Special uses; A = Accessory uses; — = Uses which are
not permitted.
Table 38.370.030
Zoning District Large scale Small scale Micro scale Non-broadcast
PLI P P A P
M-2 P P A P
M-1 P P A P
B-P S P/S1 A P
B-3 S P/S1 A P
B-2 S P/S1 A P
B-2M S P/S1 A P
B-1 S P/S1 A P
UMU S P/S1 A P
REMU S9 P/ S1 A P
NEHMU P P A P
R-O S9 S1 P P
R-5 S9 S1 P P
R-4 S9 S1 P P
R-3 S9 S1 P P
R-2 S9 S1 P -
R-1 S9 S1 P -
R-S S9 S1 P P
C. Special review requirements by type.
1. Special use review is required when the proposed facility exceeds the height limitation of the district.
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2. Collocation upon a previously approved wireless facility, when such additional facilities were
contemplated as part of the original review, must be reviewed as a sketch plan in all zones.
3. A wireless facility may be permitted as an accessory use in any non-residential district when:
a. It is for the exclusive use of a single on-site business when the business has otherwise been
approved under division 38.230 or 38.430 of this chapter, rather than offered to additional
parties;
b. It is in compliance with the maximum building height limitations of the zoning district;
c. It complies with all setback and other zoning requirements; and
d. Has eight or less square feet of total antenna surface area.
4. Installations located within the neighborhood conservation overlay district must be reviewed against
the criteria of division 38.340 of this chapter as applicable, and a certificate of appropriateness is
required before issuance of a building permit.
5. Prior to submitting an application for a large scale or small scale wireless facility, the applicant
complete a concept review per 38.230 with the community development department. The purpose of
the concept review is to acquaint the participants with the applicable requirements of this division
38.370, as well as with any preliminary concerns the department may have.
6. The applicant's concept review submittal must include the following information with regard to the
proposed facility:
a. Location;
b. Overall height;
c. Number of antennas proposed, including those of other providers to be collocated;
d. Type of wireless communication services to be provided; and
e. Coordination of ground equipment shelters.
7. Adequate review of applications may require the city to retain consultants or other third party
assistance to review an application. In such event the applicant must reimburse the city for the actual
costs incurred prior to issuance of a building permit.
8. The provisions of division 38.280 of this chapter must apply for all nonconforming facilities subject to
this division 38.370.
9. When demonstrated to be necessary to meet federal requirements for continuity of service in an area.
(Ord. No. 2104, § 18, 9-27-2022; Ord. No. 2124, § 28, 10-18-2022)
Sec. 38.370.040. Standards.
A. Safety. All wireless facilities subject to this division 38.370 must meet the following standards:
1. The structural design for all wireless facilities greater than ten feet in height or which have more than
four square feet of total antenna area must be certified by a professional structural engineer licensed
to practice in the state. A building permit must be obtained prior to the installation of any facility
subject to this division 38.370.
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
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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 section 38.370.040.B may be waived by the review authority as determined by
division 38.220 of this chapter where it has been demonstrated that the waiver will result in
superior compliance with the intent and purposes of this chapter.
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 division 38.550, 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 of
this chapter.
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 intent of the
requirements of this subsection B.1.f 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 2.a.(1) of this
section, 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 collocation 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 section 38.700.170 of this chapter, 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.
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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;
(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 38.370.040:
a. Stealth installation is required;
b. Wireless facilities are exempt from the height limitations of section 38.350.050, but are subject
to the height limitations of section 38.370.040;
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; and
d. Only allowed when service may not be provided from an alternative site or a less intensive
installation or set of installations.
Table 38.370.040
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-3 c a, c b -
B-2 c a, c b -
B-2M c a, c b -
B-1 c a, c b -
UMU c a, c b -
REMU d a, c b -
NEHMU b b b -
R-O d a, c a, b -
R-5 d a, c a, b -
R-4 d a, c a, b -
R-3 d a, c a, b -
R-2 d a, c a, b -
R-1 d a, c a, b -
R-S d a, c a, b -
4. Stealth.
a. Installations located within the conservation overlay district must be stealth facilities.
b. A stealth wireless facility may exceed the height limitations of the district by ten feet.
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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.
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 section
38.370.040.B.2.a.(1), 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 collocation 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 collocation 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.
Collocation may be denied based on verifiable and substantial expectations of interference from
additional users. Later failure to comply with the requirements supporting collocation 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;
(b) Exceed 40 feet in height when its base elevation is above 4,850;
(c) Notwithstanding the provisions of subsections B.6.c.(2)(a) and (b) of this
section, 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.
(1) Residential district setbacks for a large scale wireless facility must be 100 percent of facility
height, which may be reduced to no less than 50 percent 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 percent of facility height, which may be reduced to no less
than 30 percent 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
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minimum setback from residential zoning or property boundaries of at least 50 percent of
facility height. All installations must maintain the minimum zoning district setbacks,
including special setbacks for applicable block frontage in division 38.510 of this chapter.
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 subsection B.6.i of this section are met and a critical need
exists for the proposed location, or that a closer placement is desirable to advance the intent 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;
(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 as provided for in section 38.370.040.B. 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:
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(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.
7. Non-broadcast. A non-broadcast telecommunication facility located within a B-1, B-2, B-2M or B-3
district, a mixed-use district, the neighborhood conservation overlay district or a residential zoning
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 section
38.520.070.
5. No facilities which require employees to be present on a routine basis may be established in residential
areas, with the exception of periodic maintenance activities, unless the zone allows offices and
appropriate review has been completed.
6. Failure to comply with the terms of this chapter is grounds for facilities to be removed by action of the
city at the facility or landowner's expense.
7. Any modifications to existing wireless sites shall only occur in compliance with the review procedures
required in section 38.370.030.
8. Denial of an application must be made only after the review body has determined that specific criteria
of this chapter cannot be met. Said determination must be made in writing and must include the
reasons for the denial and the evidence which supports those reasons. Public opposition alone is not
sufficient to deny the application.
(Order No. 2018-01, § 14, 4-18-2018; Ord. No. 2124, § 29, 10-18-2022)
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 3. - ZONING DISTRICTS AND LAND USES
DIVISION 38.380. AFFORDABLE RENTAL HOUSING
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DIVISION 38.380. AFFORDABLE RENTAL HOUSING5
Sec. 38.380.010. Purpose.
A. The purpose of this division is to promote the public health, safety, and welfare by incentivizing increased
production of affordable rental housing to meet the needs of city residents and businesses and the goals of
the adopted growth policy and the community housing action plan and to maintain the affordability of
housing.
B. The purpose of this division is also to provide regulatory incentives to ensure housing affordability in new
development and redevelopment. The incentives in this division require affordable rental rates and provide
for an increase in the amount of affordable housing provided as a landowner increases the use of the
incentives. The greater the incentives being requested the greater the affordability required.
(Ord. No. 2025-001, § 2, 2-11-2025)
Sec. 38.380.020. 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 section 38.320.070.
B. The incentives in section 38.380.040 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 38.380.020-1 and 2 of this division.
C. Tables 38.380.020-1 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 38.380.020-1
Affordable Dwellings Required with Type A Incentives
5Ord. No. 2025-001, § 2, adopted February 11, 2025, amended Division 38.380 in its entirety to read as herein set
out. Former Division 38.380, §§ 38.380.010—38.380.080, pertained to affordable housing, and derived from
Ord. No. 2105, § 12, 9-27-2022.
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Type of Housing Minimum
Percentage of
Dwellings
Maximum AMI
Percentage for
Rentals
Duration of
Affordability
Period
Single-Household
Detached Dwelling
≥ 5% of Dwellings 80% of AMI ≥ 50 Years
Single-Household
Attached Dwelling
(Rowhouses and
Townhouses)
≥ 5% of Dwellings 80% of AMI ≥ 50 Years
Multi-Household Dwelling ≥ 5% of Dwellings at
or
≥ 8% of Dwellings at
60% of AMI
or
80% of AMI
≥ 50 Years
Table 38.380.020-2
Affordable Dwellings Required with Type B or C Incentives
Type of Housing Minimum
Percentage of
Dwellings
Maximum AMI
Percentage for
Rentals
Duration of
Affordability Period
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 section 38.380.030 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 section
38.380.070.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
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received an incentive in return for commitments to provide affordable housing, may 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 United State 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. Efficiency 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 state board of housing or the United States Department of
Housing and Urban Development (HUD).
(Ord. No. 2025-001, § 2, 2-11-2025)
Sec. 38.380.030. Affordable housing plan required; pre-application meeting.
A. For a development authorized pursuant to section 38.380.020.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.
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 section 38.380.020 and any administrative
procedures related to this division.
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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 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 section 38.380.040.
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.
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 section 38.230.090, 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 20 business 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.
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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 ten business days after the community
meeting.
c. A representative from the city may attend.
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.
(Ord. No. 2025-001, § 2, 2-11-2025)
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Sec. 38.380.040. Incentives.
A. The number of affordable dwellings must meet or exceed the minimum standards set forth in section
38.380.020 needed to qualify for the applicable incentive. Any incentive not requested in the affordable
housing plan in section 38.380.030 is waived.
B. Incentives may be applied to dwellings:
1. In a residential-only development; or
2. In a mixed-use development. If the mixed-use development contains a mix of residential and
nonresidential primary uses, the incentives in this section are only available if 50 percent or more of
the gross floor area of the development contains residential uses.
C. Type A Incentives (Table 38.380.020-1). The applicant may apply the incentives in this subsection as follows:
1. For single-household detached dwellings, a minimum lot size of 3,000 square feet. Alternatively, if the
applicant demonstrates that all other applicable city regulations related to lot development, access,
and utilities can be met, a minimum lot size of 2,500 square feet is allowed.
2. For single-household attached dwellings (townhouse or rowhouse):
a. A minimum lot size of 2,200 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,800 square feet is allowable.
b. No minimum lot width, maximum lot coverage, or maximum floor area ratio requirement if the
applicant demonstrates that all other applicable city regulations related to lot development,
access, and utilities can be met.
c. A townhouse or rowhouse development that includes only dwellings of 1,200 square feet or less
of livable square footage is exempt from a minimum on-site parking requirement but may
provide one parking space located within a driveway area in the required front setback, provided
that the building in which the dwellings are located is three or fewer stories in height.
d. In addition to the above incentives, a townhouse or rowhouse cluster with four or fewer
attached homes that includes only dwellings of 1,200 livable square feet or less in size is exempt
from the following:
(1) Minimum lot size;
(2) Lot coverage;
(3) Floor area ratio;
(4) Lot area per dwelling unit density standard;
(5) Lot width; and
(6) Minimum parking requirement.
e. For affordable housing developments in R-3, 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 section 38.320.060.B apply.
f. For affordable housing developments in R-4, 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 section 38.320.060.B apply.
3. For multi-household dwellings and mixed-use buildings:
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a. In all zoning districts:
(1) The residential off-site parking standards of section 38.540.070.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 percent of the residential open space requirements of section 38.520.060 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-3, R- 4, R-5, R-O, 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-3 district, the incentive of one additional story of
height (maximum 15 feet per story) is only allowed if the proposed buildings have four or fewer
total dwellings.
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 section 38.320.060.B
apply.
e. For affordable housing developments in the UMU, 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
section 38.320.060.B apply.
f. Minimum motor vehicle parking requirement of one space per dwelling for all districts other than
B-3; however, the bicycle parking standards and requirements of section 38.540.050 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 section 38.540.050 remain applicable.
h. For affordable housing developments in R-3, R-4, R-5, R-O and RMH, the minimum area per
dwelling standards in table 38.320.030.A do not apply.
i. For the M-1 zoning district:
(1) An apartment building in an M-1 zoning district is a principal use and the prohibition on
locating residential uses on the ground floor of an apartment building in M-1 zone in table
38.310.040.C does not apply.
(2) In determining the maximum allowable residential square footage of a development in M-
1, table 38.310.040.C footnote 6 is calculated for the development as a whole rather than
per individual buildings.
D. Type B incentives (table 38.380.020-2). If the applicant proposes to construct affordable dwellings that meet
the standards in table 38.380.020-2 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 percent 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 minimum lot size of 1,600 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,400 square feet is allowed.
b. No minimum lot width requirement if the applicant demonstrates that all applicable city
regulations related to lot development, access, and utilities can be met.
c. Off-street parking requirement of one space per dwelling. A townhouse or rowhouse
development that includes only dwellings of 1,200 livable square feet or less of livable square
footage is exempt from a minimum on-site parking requirement, but may provide one parking
space located within a driveway area in the required front setback, provided that the building in
which the dwellings are located is three or fewer stories in height.
d. For affordable housing developments in R-3, 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 section 38.320.060.B apply.
e. For affordable housing developments in R-4, 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 section 38.320.060.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 section 38.540.070, 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 0.25 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 section 38.540.050 apply. The number of secure
bicycle racks provided must exceed or be equal to 50 percent of the number of dwellings within
the development.
e. For multi-household dwellings and mixed-use buildings in all zoning districts the minimum lot
area per dwelling does not apply.
f. For the M-1 zoning district:
g. 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.
(1) In determining the maximum allowable residential square footage of a development in M-
1, table 38.310.040.C, footnote 6, is calculated for the development as a whole rather than
per individual buildings.
E. Type C incentives (table 38.380.020-2). If the applicant proposes to construct affordable dwellings that meet
the standards in table 38.380.020-2 in the same development as market-rate dwellings, the applicant may
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apply the following incentives to all buildings in the development in which 50 percent or more of the livable
floor area contains residential uses:
1. For single-household detached dwellings:
a. A minimum lot size of 2,000 square feet. Alternatively, if the applicant demonstrates that all
other applicable city regulations related to lot development, access, and utilities can be met, a
minimum lot size of 1,600 square feet is allowed.
b. Off-street parking requirement of one space per dwelling.
2. For single-household attached dwellings (townhouses and rowhouses):
a. A development that proposes a single grouping of two townhouses or rowhouses is a principal
use in the R-1, RS, and RMH zoning districts.
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 1,200 square feet or less of livable square footage is
exempt from minimum on-site parking requirements, but may provide one parking space located
within a driveway area in the required front setback, provided that the building in which the
dwellings are located is three or fewer stories in height.
3. For multi-household dwellings other than those in subsection E.2. above and mixed- use buildings:
a. One additional story of height (maximum 15 feet per story) beyond that allowed in the R-3 and R-
4 zoning districts. For affordable housing developments in the R-3 district, the incentive of one
additional story of height (maximum 15 feet per story) is only allowed if the proposed buildings
have four or fewer total dwellings.
b. Two additional stories of height (maximum 15 feet per story) beyond that allowed in the R-5, R-
O, REMU, B-1, B-2, B-2M, B-3, M-1, and UMU 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 section 38.320.060.B apply.
c. ADA parking spaces must be provided in accordance with applicable building codes.
Notwithstanding the provisions of section 38.540.070, 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 section 38.540.050 apply. The number of bicycle
racks provided must exceed or be equal to 50 percent of the number of dwellings within the
development.
f. For multi-household dwellings and mixed-use buildings in all zoning districts the minimum lot
area per dwelling does not apply.
g. For the M-1 zoning district:
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(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.
(Ord. No. 2025-001, § 2, 2-11-2025)
Sec. 38.380.050. 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 section 38.380.050.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.
(Ord. No. 2025-001, § 2, 2-11-2025)
Sec. 38.380.060. Alternatives for land donation and cash-in-lieu.
As an alternative to constructing the affordable dwellings required by section 38.380.020, the applicant may
qualify for the incentives listed in section 38.380.040 by:
1. 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:
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a. 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.
b. 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 section 38.380.040, 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.
c. The city commission must approve the donation of land pursuant to section 2.08.100.
2. 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:
a. For each affordable dwelling required by section 38.380.020, but not provided, the cashin-lieu
amount will be established based on a per dwelling price adopted by resolution of the
commission.
b. 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.
c. 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.
d. Cash-in-lieu payments must be paid prior to issuance of a building permit for any dwelling in the
development.
(Ord. No. 2025-001, § 2, 2-11-2025)
Sec. 38.380.070. 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.
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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.
(Ord. No. 2025-001, § 2, 2-11-2025)
Sec. 38.380.080. 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 section 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.
(Ord. No. 2025-001, § 2, 2-11-2025)
ARTICLE 4. COMMUNITY DESIGN
DIVISION 38.400. TRANSPORTATION FACILITIES AND ACCESS
Sec. 38.400.010. Streets, general.
A. All streets must comply with the adopted growth policy 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 division 38.200.010.
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1. Relation to undeveloped areas. When a proposed development adjoins undeveloped land, and access
to the undeveloped land would reasonably pass through the new development, streets and alleys
within the proposed development must be arranged to allow the suitable development of the
adjoining undeveloped land. Streets and alleys 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. If the development being reviewed is a subdivision, a request for an alteration of this
standard must be processed as a subdivision variance. If the development being reviewed is not a
subdivision, a request for an alteration of this standard must be reviewed against the criteria of section
38.250.080.B, but will not alter the review authority who would otherwise decide upon the application.
2. Relation to developed areas. The developer must arrange the streets and alleys 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.
3. 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.
4. 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.
5. Dead-end streets and alleys. Dead-end streets must comply with city design specifications and
standards, and with any city-adopted International Fire Code. 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 no parking.
a. "T" turnarounds, in-lieu of temporary culs-de-sac, must be specifically approved by the review
authority. "T" turnarounds must include two straight backup lengths of 45 feet each to
accommodate city fire trucks. All other design requirements are established by the review
authority.
6. Local streets. Local streets must be laid out to discourage speeding.
7. 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.
8. Second or emergency access. 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.
a. This provision may be waived or conditionally waived by the DRC.
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9. Culs-de-sac. Culs-de-sac 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. Pedestrian walks must be
installed at the end of culs-de-sac where deemed appropriate.
10. Bridges and culverts. Culverts or bridges must be provided and installed by the developer where
drainage channels intersect any street right-of-way.
a. Bridges. Bridges must be built to state department of transportation H-20 load standards, and
must be reviewed and approved by the county road office and the city engineering department.
b. Culverts. 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.
(1) 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 be
equivalent to a circular diameter of 15 inches.
11. Encroachment permits. The person or entity undertaking the development must obtain encroachment
permits for all access to state highways.
12. 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 modifications to state public works standard
specifications.
13. Sight distances. The alignment of all streets must provide adequate sight distances based on design
operating speeds.
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 subdivided.
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 of 60 feet, and the standard back-
of-curb to back-of-curb width is 35 feet; or
(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:
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(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 intent of this chapter,
and the intent of the city's growth policy.
(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 section 38.270.090.
(Ord. No. 2089, § 23, 12-7-2021; Ord. No. 2104, § 19, 9-27-2022)
Sec. 38.400.030. Intersections.
A. The following requirements apply to street intersections:
1. Streets must intersect at 90-degree angles except when topography prohibits this alignment. In no case
may the angle of an intersection be less than 60 degrees to the centerline of the street or road being
intersected;
2. Two streets meeting a third street from opposite sides must be offset at least 125 feet for local roads
and 300 feet for arterials or collectors. Distances must be measured from the inside edge of the access,
extended at its intersection with the projected curb line of the intersecting street, to the right-of-way
line, along the street frontage right-of-way line. See Figure 38.400.030;
3. No more than two streets may intersect at one point;
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4. Intersections of local streets with major arterials or highways must comply with section 38.400.090;
5. Intersections must be designed to provide adequate visibility for traffic safety based on the designated
operating speeds of the intersecting roadways;
6. Hilltop intersections are prohibited, unless no alternatives exist. Intersections on local streets within
100 feet of a hilltop are prohibited. Intersections on arterial and collector streets within 200 feet of a
hilltop are prohibited. If no alternatives to a hilltop intersection exist, additional traffic control devices
are required;
7. The grade of approaches to major highways may not exceed five percent; and
8. Any street which intersects a paved minor collector or greater street must be paved for at least 75 feet
from the existing edge of pavement.
Figure 38.400.030.
Intersections.
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 and roads 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 Standards and Specifications Policy; 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 38.400.
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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 Mylar 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 design standards and
specifications policy and the city modifications to state public works standard specifications.
2. Alleys. In subdivisions where alleys are proposed, a 20-foot-wide right-of-way must be provided. The
driving surface of the alley must be 16 feet wide and must be improved with gravel.
a. Subdividers may elect to pave subdivision alleys provided that adequate stormwater facilities are
available.
b. Alleys must be designed and constructed in accordance with the city design standards and
specifications policy and the city modifications to state public works standard specifications, and
subject to approval by the city engineer.
c. Alleys used for backing under section 38.540.020.D must be designed to provide the required
aisle width.
3. Traffic progression. Traffic progression is of paramount importance. Consequently, all potential
intersections with signals must be placed on quarter-mile points unless otherwise approved by the
review authority.
4. Level of service standards. All arterial and collector streets and intersections with arterial and collector
streets must operate at a minimum level of service "C" unless specifically exempted by this section. The
city determines level of service (LOS) values by using the methods defined by the most recent edition
of the Highway Capacity Manual. The review authority may approve a development only if the LOS
requirements are met in the design year, which must be a minimum of 15 years following the
development application review or construction of mitigation measures if mitigation measures are
required to maintain LOS. Intersections must have a minimum acceptable LOS of "C" for the
intersection as a whole.
a. Exception: If an intersection within the area required to be studied by section 38.220.060.A.12
does not meet LOS "C" and the intersection has been fully constructed to its maximum lane and
turning movement capacity, then an LOS of less than "C" is acceptable.
b. Exception: The review authority may grant a waiver from an LOS of less than "C" at a specific
intersection if the review authority determines:
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(1) Granting a waiver for the intersection would not be contrary to public health and safety
and is in the public interest;
(2) Improvements to the intersection to raise the overall level of service to a "C" or better are
currently scheduled for commencement of construction within three years as shown on the
most recently adopted Transportation Capital Improvement Plan;
(3) All rights-of-way necessary for the required intersection improvements have been obtained
by the city or by the Montana Department of Transportation; and
(4) The commission has approved a financing plan for the intersection improvements.
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.
c. If the review authority does not grant a waiver from the level of service standard under this
subsection B.4, 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 division 38.570.
B. Timing. For the timing of street lighting improvements, see section 38.270.030.B.3.
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 design standards and specifications policy and the city modifications to state public
works standard specifications and per the block frontage standards of division 38.510 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 and development frontages adjacent to public lands are subject to the provisions of
section 38.510.030.I.
C. Timing. The following requirements regarding the timing of the installation of sidewalks apply:
1. For subdivision improvements, please refer to section 38.270.030.B.2.
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 division 38.270 of this chapter.
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 design standards and specifications policy, and the city
modifications to state public works standard specifications.
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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.
a. A city curb cut and sidewalk permit must be obtained from the engineering department prior to
installation of the approach.
2. 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:
a. Any street or alley within the city constructed to a standard which meets or exceeds standards
established by this chapter, the city design standards and specifications policy, and the city
modifications to state public works standard specifications;
b. Constructed public streets which may not meet current city standards but which are constructed
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. Twenty-five feet of frontage on a public or approved private street;
b. Twenty-five feet of frontage on a public or approved private street and an improved alley; or
c. Twenty-five feet of frontage on an improved alley and a greenway corridor or trail corridor with
public access. 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.
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 division 38.230 of this chapter.
2. Parking areas for residential developments subject to the sketch plan review procedures of section
38.230.070, 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 section 38.540.020.D.
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 38.540.020 may not exceed 12 feet
in width measured at the right-of-way line and 18 feet in width measured at the
curb line.
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(b) Individual residential drive accesses facing the street with two or more internal
parking bays meeting the standard of table 38.540.020 may not exceed 20 feet
in width measured at the right-of-way line and 26 feet in width measured at the
curb line.
(c) Individual and shared drive accesses must be physically separated by means of
a landscaped area greater than or equal to ten feet in width between paved
areas and extending from the front line of the building to the right-of-way line.
(d) Residential complexes with 25 or more dwelling units must meet the
commercial access standards in section 38.400.090.C.3.b.
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.
Figure 38.400.090.C.2.b.
Commercial and industrial accesses.
c. 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 15-foot return radii
unless otherwise approved by the review authority. All commercial and industrial drive accesses
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on other streets may have either return radii or depressed curbs. The minimum radius allowed is
four feet.
D. Spacing standards for drive accesses.
1. General.
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 subsections D.2 and 3 of this section.
d. Subsection D of this section does not apply to single-household, two, three, or four unit
structures on individual lots.
Figure 38.400.090.D.
Spacing standards for drive accesses.
2. These standards 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.
Table 38.400.090-1
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
Access Located on
Arterial Streets
Access Located on
Collector Streets
Access Located on Local
Streets
Average Spacing In All Districts In All Districts In All Districts
Partial access1 315' 150' 40'3
Full access2 660' 330' 40'3
Minimum separation 315' 150' 40'
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1 Partial access includes right turn in and out only.
2 Full access allows all turn movements, in and out.
3 Accesses on local streets must be at least 150 feet from an intersection with an arterial.
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.
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 section 38.700, 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 section 38.700.170
of this chapter, 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 intent of this chapter, or
the intent of the city's growth policy.
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.
A. Arterial streets. On corner lots on arterial streets in all districts, no fence, wall or planting in excess of 30
inches above the street centerline grade is permitted within a triangular area defined as follows: beginning at
the intersection of the projected curblines of the two intersection streets, thence 50 feet along one curbline,
thence diagonally to the point 50 feet from the point of beginning on the other curblines, then to the point
of beginning, except when traffic control signals are installed, in which case the a local street vision triangle
shall apply. Nothing in this section prohibits portions of buildings 12 feet or more above grade from
encroaching into required vision triangle setbacks.
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B. Collector and local streets. On corner lots, on collector and local streets, in all districts, no fence, wall or
planting in excess of 30 inches above the street centerline grades is permitted within a triangular area
defined as follows: beginning at the intersection of the projected curblines of two intersecting streets,
thence 40 feet along one curbline, thence diagonally to a point 40 feet from the point of beginning on the
other curbline, then to the point of beginning.
C. Drive aisles and alleys. At the intersection of each driveway or alley with a street, no fence, wall or planting in
excess of 30 inches above the street centerline grade is permitted within a triangular area where corners are
defined by two points on the right-of-way line, 15 feet on each side of the centerline of the driveway or alley
and a point on centerline ten feet outside the right-of-way. Any driveway or alley wider than 30 feet curb to
curb at the right-of-way line must use the vision triangle standard for local streets when intersecting local,
collector, or arterial streets.
D. Provision for trees in street vision triangle.
1. Single-stem canopy trees are discouraged but may be permitted in street vision triangles as described
in this section, provided that mature trees do not significantly affect safe driving conditions and are
maintained such that no canopy foliage exists below a height of ten feet above centerline of
intersecting streets.
2. Trees which are located in the street vision triangle and which preexisted the adoption of the
ordinance from which this chapter is derived may be allowed to remain, provided the trees are
trimmed such that no limbs or foliage exist below a height of ten feet above centerline grades of
intersecting streets.
E. The review authority may grant a departure from the standards of this section for intersections with traffic
signals, intersections on one-way streets, or intersections on streets classified as an urban route by the
Montana Department of Transportation. Departure criteria are: a revision can be accomplished without
jeopardizing the public's health, safety and welfare, the intent of this chapter, or the intent of the city's
growth policy.
Figure 38.400.100.
Street vision triangles.
(Ord. No. 2045, § 2, 9-17-2020)
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Sec. 38.400.110. Transportation pathways.
A. General. Pathways must be installed in accordance with this chapter, the growth policy, 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. See also sections 38.410.100,
38.420.070 and 38.420.110.
B. Pathway categories. The development review committee (DRC) must determine whether a pathway is a
transportation pathway or a recreation pathway. For subdivision and planned unit development proposals,
this determination must be made during the pre-application process.
1. Transportation pathways. Developers must install transportation pathways, to provide adequate
multimodal transportation facilities within the development, as part of the required development
improvements. Transportation pathways must be Americans with Disabilities Act (ADA) accessible, and
include the following types of facilities:
a. Sidewalks (also see division 38.510 for sidewalk standards, depending on the applicable block
frontage designation);
b. On-street bike lanes and bike routes;
c. Boulevard trails; and
d. 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
e. Pathways that connect community or neighborhood commercial nodes by a reasonably direct
route; or
f. 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 section 38.420.110.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 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.
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 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. 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 American Association of State
Highway and Transportation Officials (AASHTO) standards, into the design and construction or improvement
of the streets or roads. The decision to install a boulevard trail instead of a bike lane must be based on the
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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 bike 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 percent
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.
J. Development frontages adjacent to trails are subject to the block frontage provisions of section 38.510.030.I.
Sec. 38.400.120. Public transportation.
A. Street design. All interior and exterior development streets that are designated as transit routes 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;
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. Developments must be designed to accommodate a bus length of at least 90
feet on designated transit routes;
3. Distance from intersection. Transit stops must be at least five feet from pedestrian crosswalks or the
end of corner radii;
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4. Driveway conflicts. Lots and lot accesses must be configured to avoid conflicts with transit stops; and
5. Lighting. Subdivision 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, bike racks, lighting and bus shelters.
DIVISION 38.410. COMMUNITY DESIGN AND ELEMENTS
Sec. 38.410.010. General standards.
A. Conformance. The design and development of all land uses must conform to this chapter, adopted growth
policies, any relevant adopted neighborhood or subarea plan, and other resolutions and regulations,
including any and all amendments thereto.
B. Natural environment. The design and development of all land uses must be properly related to topography,
and must, to the extent possible, preserve the natural terrain, natural drainage, existing topsoil, trees and
other existing vegetation.
C. Lands unsuitable for development. Land which the city has found to be unsuitable for development because
of potential hazards such as flooding, landslides, excessive slope, rock falls, subsidence, high water table,
presence of wetlands; or because of unreasonable burdens on the general public such as requirements for
the excessive expenditure of public funds, environmental degradation, or congestion in the streets or roads
must not be used for building or residential purposes unless the hazards or excessive public burdens are
eliminated or will be overcome by appropriate design and construction plans. Slopes of 25 percent or greater
are presumed unbuildable unless demonstrated otherwise by the developer.
Sec. 38.410.020. Neighborhood centers.
A. To provide a neighborhood focal point, all residential subdivisions or planned unit developments that are ten
net acres in size or greater, must have a neighborhood center. Developments may be exempted from this
requirement if every lot within the development is within one-half mile of an existing neighborhood center.
Generally, the center must be no less than one acre in size. The center must be comprised of a park, square,
green, plaza, transit stop, neighborhood commercial center, civic use or any combination of these. The
following requirements apply to all neighborhood centers:
1. The geographic center point of the neighborhood center 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 development would create parcels that are all non-residential;
b. The center is a neighborhood commercial center or is adjacent to a neighborhood commercial
center;
c. The site is constrained by the presence of critical lands;
d. The site is part of an approved subarea plan that shows the center in a different location; or
e. The topography of the site presents physical constraints on the property.
2. With the exception of civic and neighborhood commercial center uses, the developer must install all
center-related improvements as part of the required development improvements. When a multi-phase
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project is developed, improvements must be installed with each phase. Required improvements must
be based on the definition of each feature found in article 7 of this chapter, and/or city standards.
3. The neighborhood center must have frontage along 100 percent of its perimeter on public or private
streets or roads. The city may consider and approve the installation of streets along less than 100
percent, but not less than 50 percent, of the perimeter in accordance with section 38.420.060.
4. With the exception of civic and neighborhood commercial center buildings and grounds, the center is
considered a common area to be owned and maintained by the property owners' or a property
owners' association. The property owners' association may establish an improvement district to collect
assessments to pay for the maintenance.
5. Areas within neighborhood centers used for park, square, or green may count towards parkland
dedication requirements (subject to review and approval by the review authority) if they meet the
following criteria:
a. The area is predominantly open space with enhanced natural features, but may contain
amenities such as sidewalks, seating, drinking and ornamental fountains and public art; and
b. The area provides active and/or passive recreation opportunities.
6. The neighborhood center may be used for limited stormwater retention/detention facilities if reviewed
and approved by the review authority. However, any part of the center used for stormwater
management does not count towards park dedication requirements.
7. New neighborhood commercial centers are subject to the community design framework master plan
provisions of sections 38.210.130 and 38.510.030.L.
(Ord. No. 2089, § 25, 12-7-2021)
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 private internal roadway. Minimum
standards:
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1. Maximum number of lots served by a courtyard access: Five (this includes lots fronting the street on
either side of the courtyard access).
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.
Figure 38.410.030.D. Examples of courtyard access lots.
E. Corner lots. Corner lots must have sufficient width to permit appropriate building setbacks from both streets
and provide acceptable visibility for traffic safety.
1. 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 townhomes; lots used to meet the requirements of division
38.380; 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.
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.
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I. Frontage. Unless otherwise allowed by this chapter, all lots must have frontage in compliance with section
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. All tracts except ROW must have an identifying lot number restarting with each block.
(Ord. No. 2105, § 13, 9-27-2022)
Sec. 38.410.040. Blocks.
A. Size and orientation. Blocks must be designed to ensure a high level of multimodal connectivity, traffic safety,
and ease of traffic control and circulation; to accommodate the special needs of the use contemplated; and
to take advantage of the limitations and opportunities of the topography.
B. Block length. Block length must not be designed, unless otherwise impractical, to be more than 400 feet in
length or less than 300 feet in length. Block lengths may be longer than 400 feet if necessary due to
topography, the presence of critical lands, access control, or adjacency to existing parks or open space. In no
case may a block exceed 1,320 feet in length.
C. Block width. Blocks must not be less than 200 feet or more than 400 feet in width, except where essential to
provide separation of residential development from a traffic arterial or to overcome specific disadvantages of
topography and orientation.
D. Rights-of-way for pedestrians. Rights-of-way not less than ten feet wide for pedestrian walks are required
where deemed necessary to provide circulation or access to parks, open space, schools, playgrounds,
shopping centers, transportation, and other community facilities. In addition, no continuous length of block
may exceed 600 feet without intersecting a street or pedestrian walk. Pedestrian walks must also be installed
at the end of cul-de-sac where deemed appropriate.
1. Setbacks adjacent to pedestrian rights-of-way less than 30 feet wide must be not less than ten feet.
Setbacks adjacent to pedestrian rights-of-way 30 feet wide or greater must be not less than five feet.
2. The pedestrian walks must be maintained by the adjacent property owner or by the property owners'
association. The party responsible for maintenance of pedestrian walks must be identified in the
preliminary plat application.
3. Pedestrian walks must be constructed as a city standard sidewalk, and comply with the provisions of
section 38.400.080.
E. 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.
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Figure 38.410.040.
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.
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 section
38.410.060.
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.
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B. Private utility easements. Private utilities include, but are not limited to, natural gas, electricity, telephone,
cable and fiber optic lines. The developer must provide private utility easements necessary to extend private
utilities to the development, and to provide for the construction and maintenance of private utilities within
the development.
1. General.
a. Building setbacks must be coordinated with all provided utility easements. If a utility easement
will be greater than the building setback required by this chapter, a note to that effect must be
placed on the final plat and/or final site plan as appropriate.
b. Where a utility easement is to be located in an existing, dedicated right-of-way, an encroachment
permit must be obtained from the local or state street or road department having jurisdiction.
c. If placed in a city right-of-way, easements must be in a location required by and agreed upon in
writing by all of the appropriate utility companies and the review authority.
2. Easement size.
a. Front setback utility easements. Front setback utility easements must be ten feet wide, and must
always be provided unless written confirmation is submitted to the community development
department from all utility companies providing service indicating that front setback easements
are not needed.
b. Rear setback utility easements. The provision of rear setback utility easements is not mandatory
unless they are required by any or all of the utility companies to adequately serve the
development. If provided, rear setback utility easements on each lot must be six feet wide if
adjacent to a public alley and ten feet if not adjacent to a public alley.
c. Side setback utility easements. The provision of side setback utility easements is not mandatory
unless they are required by any or all of the utility companies to adequately serve the
development. If provided, the width of the side setback utility easement must be determined on
a case-by-case basis based on the needs of the utility companies.
3. Private utility plans.
a. When the concurrent construction option will be used, based on the provisions of section
38.270.030.D, private utility plans must be included with the preliminary PUD submittal.
b. Private utility plans must be provided with any plans and specifications submittals for the
construction of new water, sewer or street infrastructure as specified in the city's design
standards and specifications policy.
4. 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.
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 either one or two utility mains. An
additional ten feet of width is required for each additional main that occupies the easement. Wider
easements may be required at the discretion of the city for large utility lines.
2. Public utility easements must be provided for all meter pits and fire hydrants maintained by the city.
3. No permanent structures shall be placed within public utility easements unless an encroachment
permit has been obtained from the city.
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D. Easements for agricultural water user facilities.
1. Except as noted in subsection D.2 of this section, 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 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 irrigation water through the land to be
developed to lands adjacent to or beyond the development's boundaries in quantities and
in a manner consistent with historic and legal rights; and
(2) A minimum easement width of ten feet is required on each side of irrigation canals and
ditches.
b. Are a sufficient distance from the centerline of the agricultural water user facility to allow for
construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than grass within the
agricultural water user facility easement without the written permission of the facility owner.
2. The developer need not establish agricultural water user facility easements as provided above if the
following provisions were met or will be met via the subdivision or site plan process:
a. The average lot size is one acre or less and the developer provides for disclosure, in a manner
acceptable to the review authority, that adequately notifies potential buyers of lots that are
classified as irrigated land and may continue to be assessed for irrigation water delivery even
though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the water rights from
the subdivided or developed land. If the water rights have been or will be removed from the land
within the development it must be so noted with the preliminary plat or plan submittal. If
removal of water rights is not complete upon filing of the final plat or approval of the final site
plan, the developer must provide written notification to prospective buyers of the intent to
remove the water right and must document that intent, when applicable, in agreements and
legal documents for related sales transactions.
3. The realignment or relocation of active irrigation ditches or pipelines 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 or final plan 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.
4. 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.
5. 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
subsection D.2, the developer may remove ditch laterals from within the subdivision.
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6. 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
Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation
works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability. The notice
must include language to assure the duties are binding upon all successors in interest and remain in
effect until such time that the agricultural water user facility is abandoned in accordance with the
requirements of Montana Law or alternative requirements are agreed to in writing by all applicable
parties. The easements must be prepared as documents separate from a final plat but may be
referenced on a final plat.
7. 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 and or agricultural water user facility's authorized representatives.
E. Easements for city-owned irrigation systems. Easements benefitting 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 38.550.070.
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.
(Ord. No. 2089, § 24, 12-7-2021; Ord. No. 2155, § 20, 5-14-2024)
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, or a system
allowed by section 38.350.030.D, 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 Design Standards and Specifications Policy 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.
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 intent of this chapter, or the intent of
the city's growth policy.
B. Municipal water supply system; additional requirements. Municipal water supply system facilities must also
comply with the following requirements:
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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.
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 control plan. The city's requirements are contained in the
Design Standards and Specifications Policy 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. Generally, 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 occupancy approval as appropriate. Exceptions may be granted by the
city when adequate drainage facilities are provided. 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. Drainage systems must not discharge into any sanitary sewer facility or agricultural water user facility.
D. Stormwater retention or detention ponds may be located within public parkland, but such areas must not
count towards the parkland dedication requirement. Any stormwater ponds located on parkland must be
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. The city may require the developer to establish easements or other perpetual controls to prevent
encroachment or disruption of drainageways or facilities.
F. Stormwater facilities generally must not occupy more than one-third of a required front setback. Departures will be considered (per section 38.250.060) 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 38.550.050.J.
H. 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 percent of
surface area covered with live vegetation appropriate for the depth and design of the retention/detention
facility, and be lined with native grasses, indigenous plants, wet root tolerant plant types and groupings of
boulders to create a functional, yet natural site feature. A cross section and landscape detail of each facility
must be submitted with the final landscape plan for review and approval. Facilities with a slope up to and
including ten percent grade may be grassed and irrigated to blend into the adjacent landscaped area.
(Ord. No. 2155, § 21, 5-14-2024)
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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 design standards and specifications policy and the city
modifications to state public works standard specifications must apply.
Sec. 38.410.100. Watercourse setback.
A. Where a development is crossed by or is adjacent to a watercourse, the developer must mitigate the impacts
of the development on the watercourse. This mitigation may not be less restrictive than the requirements of
the city floodplain regulations or any other applicable regulation of this chapter. The purpose of this
mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood control.
1. Setback for developments granted preliminary plan or plat approval prior to July 10, 2002. These
provisions apply to all developments granted preliminary plan or plat approval prior to July 10, 2002,
including applicable subdivision exemptions:
a. Setbacks. A minimum 100-foot setback must be provided along both sides of the East Gallatin
River. A minimum 35-foot setback must be provided along both sides of all other watercourses.
(1) A portion of the required setback, immediately adjacent to the ordinary high water mark,
must be left in a natural vegetative state as follows:
(a) East Gallatin River—50 feet.
(b) Other watercourses—Five feet.
(2) No fence, residential or commercial structure, fill material, parking or other similar
improvements shall be located within required watercourse setbacks.
(3) All watercourse setbacks must be measured from the ordinary high water mark as defined
in section 38.700.140. When no ordinary high water mark is discernible, setbacks must be
measured from the top of the stream bank.
2. Setbacks for developments granted preliminary plan or plat approval on or after July 10, 2002. These
provisions apply to all developments granted preliminary plat or plan approval on or after July 10,
2002:
a. In the event a site with an existing development, that is subject to subsection 1 of this section, is
submitted to the city for a review subject to divisions 38.230, 38.430 and 38.280 of this chapter
after July 10, 2002, the proposed development must comply with this subsection 2 to the extent
reasonably feasible given the existing site conditions. The final approval body for the proposed
development must determine the extent that is reasonably feasible, subject to any appeal
provisions that may apply. Such administrative relief must not reduce setbacks below those
provided for in subsection 1 of this section.
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b. In addition to any relaxation of watercourse setbacks provided by subsection 2.a of this section,
nothing in this section prohibits an owner of affected property from:
(1) Applying for a variance to dimensional standards of the watercourse setbacks as allowed by
and subject to the requirements of division 38.250 of this chapter;
(2) When applicable, seeking a deviation to dimensional standards of the watercourse setback
as allowed by and subject to the requirements of divisions 38.340 or 38.430 of this chapter;
(3) Combining two or more lots to assemble a larger and more usable parcel;
(4) Petitioning the state department of fish, wildlife and parks and the county water
conservation district to seek the reclassification of the relevant watercourse as an irrigation
facility not subject to the requirements of this section;
(5) After receipt of required permits, relocating the watercourse; or
(6) Pursuing any other lawful means of relief from the effects of this section.
c. Setbacks. Unless otherwise specified in subsection 2.e of this section, 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 required watercourse setbacks must be extended as necessary to address these
additional requirements.
(a) The setback must extend to the edge of the delineated boundary of the
regulated flood hazard area per section 38.600.130.B if the regulated flood
hazard boundary is larger than the setbacks established in this subsection 2.c;
(b) The setback must include immediately adjacent wetlands (i.e., fringe). The
buffer width must be extended by the width of the wetland;
(c) Areas with a slope greater than 33 percent do not count towards the width of
the setback; and
(d) The setback must include connected wetlands. The buffer width must be
extended by a minimum of 50 feet beyond the perimeter of the connected
wetlands.
(5) All watercourse setbacks must be measured from the ordinary high water mark as defined
in section 38.700.090. When no ordinary high water mark is discernible, setbacks must be
measured from the top of the stream bank.
d. No newly constructed residential or commercial structure, addition to an existing structure,
fence, deck, fill material (other than that required for exempt uses), parking lot or other
impervious surfaces, or other similar improvements may be located within required watercourse
setbacks, unless approved through, and in conformance with, a variance or deviation process as
authorized in this chapter.
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e. Exceptions. The watercourse setback is divided into two zones. Zone 1 consists of the 60 percent
of the setback closest to the watercourse, and Zone 2 consists of the 40 percent of the setback
furthest from the watercourse.
(1) On-site stormwater treatment facilities may be located in Zone 2.
(2) Trails and trail-related improvements may be placed within the required watercourse
setback subject to the following provisions:
(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 water's edge 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 other geographical constraints,
portions of non-spur trails may need to be placed within Zone 1. Trail
construction within Zone 1, inclusive of watercourse crossings and spur trails,
per each side of the watercourse, may not exceed the length of 300 percent 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, sidewalks, utility lines or similar public construction may be permitted within all
zones for the purpose of crossing a watercourse or protecting public health and safety. The
following practices must be observed:
(a) Crossings must be minimized to the greatest extent feasible;
(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;
(d) The subdivision grading and drainage plan must be designed to prevent the
discharge of untreated stormwater into a watercourse; and
(e) A bank stabilization plan for all public construction watercourse crossings must
be prepared and approved by the city prior to site preparation and installation
of the improvement.
(4) Outlets from stormwater treatment facilities may pass through all zones in order to
discharge to the receiving watercourse, provided that all required permits are obtained.
(5) Control of noxious weeds is required and activities required within limits outlined in any
approved noxious weed control plan may occur in all zones.
f. Setback planting. A setback planting plan must be prepared by a qualified landscape professional,
and must be reviewed and approved by the community development department 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:
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(1) Zone 1: Zone 1 must be planted with new or existing native materials suited for a riparian
area based on the following calculations. One hundred percent of the disturbed areas of
Zone 1 must be planted with a ground cover of native riparian 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 is required 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 (wetness of soil
and depth to the water table) must be used. Tree and shrub species selected must be
suitable for the climate and for planting in a riparian area with an emphasis on native
species. The Natural Resources Conservation Service (NRCS), the state native plant society
and the county local water quality district (LWQD) are good sources of landscaping
materials and/or landscaping information.
(2) Zone 2: Disturbed areas of Zone 2 must be planted with new or existing native grasses
suited for the area.
(3) Maintenance of the watercourse setback landscaping is required. 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 section 38.550.050.G.3.
(5) To prevent soil erosion and the invasion of noxious weeds, the watercourse setbacks on all
land proposed for development must be covered with existing vegetation or must be
seeded with native grasses as soon as seasonally feasible or prior to commencement of any
site development or site preparation work.
(6) Native must mean those plants which are native to the Gallatin Valley.
(7) Use native grasses, forbs, sedges and other herbaceous plants in areas of disturbance (e.g.,
bridges, culverts, utilities installation, trails) within the watercourse setback. Native woody
plantings are required in all zones in both disturbed and undisturbed areas.
g. If irrigation is to be installed in the setback area, an irrigation plan must be provided per
38.220.100 and the 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.
h. Except as otherwise allowed in subsections 2.e and f. of this section, no disturbance of soils and
existing vegetation shall occur in any zones.
3. Other provisions.
a. The watercourse setback must be depicted on all preliminary and final plats and plans.
b. These provisions do not apply to agricultural uses, including lands controlled in the conservation
reserve program (CRP), and activities and structures that existed prior to the effective date of the
ordinance from which this section is derived. Any agricultural uses, activities or structures
established after the effective date of the ordinance from which this section is derived must
comply with these regulations. An agricultural use, activity or structure is considered abandoned
if not used for agricultural purposes for more than 180 consecutive days.
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Figure 38.410.100-1.
100 year floodplain.
Figure 38.410.100-2.
Watercourse setback on a slope.
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Figure 38.410.100-3.
Watercourse Setback.
Figure 38.410.100-4.
Wetlands.
(Ord. No. 2057, § 3, 3-9-2021; Ord. No. 2155, § 22, 5-14-2024)
Sec. 38.410.110. Ridgelines and viewsheds.
A. For the purpose of having structures blend more naturally into the landscape rather than being a prominent
focal point, ridgeline protection areas are established. These areas are defined in division 38.700 of this
chapter and are identified and designated based on topographic characteristics. The Bozeman Ridgeline Map
identifies areas with a high likelihood of meeting the standards for ridgelines.
1. All buildings located within a ridgeline protection area must be set back from the ridgeline a distance
not less than three times its height above grade. The distance of the setback must be measured
perpendicular from the ridgeline.
a. Exception. In the event a building permit is sought for a lot approved or created prior to January
1, 2004, the proposed development must comply with this section to the extent reasonably
feasible given the lot dimensions, orientation, and other characteristics. The final approval body
for the proposed development must determine the extent that is reasonably feasible and may
relax the special setback required by this section, subject to applicable appeal provisions. Such
administrative relief must not reduce setbacks below those required elsewhere in this chapter.
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Figure 38.410.110.
Ridgeline protection area.
Sec. 38.410.120. 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.
Sec. 38.410.130. Water adequacy.
A. Subject to subsections B and 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 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:
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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 the land being developed, or other
water rights that may be available for transfer, that the city determines to be useful.
2. Implementation of onsite and/or offsite water efficiency and conservation measures that reduce 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 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 subsections D.1 and D.2.
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 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:
1. Standards established by the director of public works to determine the estimated increase in annual
municipal water demand attributable to development.
2. Standards established by the director of public works to determine water demand offset amounts for
implementation of water efficiency and conservation measures and water rights transferred into city
ownership
3. Standards governing acceptance of water rights transferred into city ownership.
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4. Standards to establish and govern the use of water demand offsets 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. Specific criteria that if met may authorize the review authority to waive this section.
7. Standards governing acceptance of water right transfers and establishing water demand offset credits
may enable a deferral of payment of cash-in-lieu of water rights provided that the applicant records
with the Gallatin County Clerk and Recorder an executed water adequacy agreement and related
documents as approved by the city attorney securing the amount due.
(Ord. No. 2043, § 1, 9-17-2020; Ord. No. 2155, § 23, 5-14-2024)
Ord. No. 2043, § 1, adopted Sept. 17, 2020, repealed the former § 38.410.130, and enacted a new § 38.410.130 as
set out herein. The former § 38.410.130 pertained to water rights and derived from the original codification
of this Unified Development Code.
DIVISION 38.420. PARK AND RECREATION REQUIREMENTS
Sec. 38.420.010. General.
Except as provided in section 38.420.020.B, all subdivisions and residential developments subject to division
38.230 of this chapter, must comply with the provisions of this division 38.420. The purpose of this division 38.420
is to comply with sections 76-2-304 and 76-3-621 MCA; 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 article are based on the community need for parks and the development densities
identified in the growth policy 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.
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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-1, R-2, and R-MH zoning districts, the maximum
net residential density must be ten dwelling units or 22.5 persons in group
quarters per acre.
(2) For development within the R-3, R-4, R-5, R-O, and REMU zoning districts, the
maximum net residential density must be 12 dwelling units or 27 persons in
group quarters per acre.
(3) 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:
a. For initial subdivision or other development:
(1) Within the R-1, R-2, and R-MH zoning districts: an area equal to that required
for six dwelling units or 13.5 persons in group quarters per net acre.
(2) Within the R-3, R-4, R-5, REMU, and unless legally restricted from residential
uses the R-O zoning districts: an area equal to that required for eight dwelling
units or 13.5 persons in group quarters per net acre.
(3) 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.A
Parkland Dedication Provisions
Zoning District Required Dedication per Dwelling Maximum Required Dedication per Acre Cash-in-Lieu Required
R-1, R-2, R-MH .03 acres or equivalent 10 dwellings Yes
R-3, R-4, R-5, R-O, 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
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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 section 38.420.020.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 section 38.420.020.C.
5. A development for which the required amount of parkland is shown to have already been
provided.
6. Section 38.420.020.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 section 38.420.020.A.
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 percent 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.
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(Ord. No. 2105, § 14, 9-27-2022)
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 section 38.200.010.
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 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 section 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 section 38.420.030 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
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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 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.
(Ord. No. 2089, § 26, 12-7-2021)
Sec. 38.420.060. Frontage.
A. Parkland, excluding linear trail corridors, must have frontage along 100 percent of its perimeter on public or
private streets or roads. The city may consider and approve the installation of streets along less than 100
percent, but not less than 50 percent, 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.
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Figure 38.420.060.
Acceptable park frontages.
Sec. 38.420.070. Linear parks.
A. General. If consistent with the growth policy 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 section 38.420.110.
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 section 38.420.110.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:
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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.
a. Wells may be used to irrigate parkland subject to Sec. 38.550.070 BMC.
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 do not count towards the parkland dedication requirement. Any stormwater
ponds located on parkland must be designed, constructed and/or added to so as to be conducive to the
normal use and maintenance of the park. Stormwater ponds may not be located on private lots. 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.
(Ord. No. 2089, § 27, 12-7-2021; Ord. No. 2108, § 3, 6-14-2022)
Sec. 38.420.090. Waiver of park maintenance district.
When required, the developer must sign, and file at the county clerk and recorder's office, a waiver of right
to protest the creation of a park maintenance district. The waiver must be filed with the final subdivision plat, or
recorded at the time of other final approval.
Sec. 38.420.100. 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 38.420 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.
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2. The proposed development provides for a planned unit development or other development with 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.
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 38.420.
6. A subdivider dedicates land to School District 7 to provide some or all of the land area required by
section 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 facility plan to demonstrate how the dedicated
property will be utilized;
(4) The school district's facility 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 section 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 section 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
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commission must issue an order waiving the land dedication and cash donation requirements for the
subsequently developed area.
B. Section 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 paragraph A of this section 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. 38.420.110. Recreation pathways.
A. General. Developers must install pathways in accordance with this chapter, the growth policy, 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 section 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.
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 percent 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.
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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 section
38.420.070.
H. Park and pathway development frontages. All developments adjacent to existing or planned trails or parks
are subject to the block frontage standards of section 38.510.030.I (trail/park frontages).
Figure 38.420.110.
Acceptable park and pathway development frontages.
DIVISION 38.430. PLANNED DEVELOPMENT ZONE DISTRICTS6
Sec. 38.430.010. 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:
A. Create distinct neighborhoods with quality urban design and mutually supportive uses; and
B. Support implementation of community plans and goals, including but not limited to the city's adopted
growth policy; and
C. Provide community benefits through the creation of affordable housing, inclusion of environmentally
sustainable design features, and retention of historic structures; and
D. Protect and promote the health, safety, and general welfare of the community.
(Ord. No. 2104, § 20, 9-27-2022)
6Ord. No. 2104, § 20, adopted 9-27-2022, repealed the former Div. 38.420, and enacted a new Div. 38.430 as set
out herein. The former Div. 38.430 pertained to planned unit developments.
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Sec. 38.430.020. Planned unit developments (PUD)s approved or adequate prior to October
27, 2022.
A. 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.
B. 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 division 38.440.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.030. PDZs approved after October 27, 2022.
A. 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.
B. A PDZ application must identify a standard base zoning district, from those listed in division 38.300 (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 section 38.300.050.A.
C. PDZ districts adopted pursuant to this division must be implemented through the creation of new zoning
districts through zoning map amendments as described in division 38.260, Part 2 and shall be labeled on the
base zone district layer of the city's official zoning map as "PDZ." Individual PDZ are not added to or listed in
38.300.020.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.040. Eligibility for rezoning to PDZ district.
A. 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 Sec. 38.430.050, as determined by the director:
1. 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.
B. 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.
C. 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 section 38.430.090 are met.
(Ord. No. 2104, § 20, 9-27-2022)
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Sec. 38.430.050. 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.
A. Affordable housing PDZ.
1. Eligibility. An affordable housing PDZ application must predominantly include residential dwelling units
and must propose:
a. That all parcels on which single-household detached dwelling units 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 38.360.040; and
b. The following amounts and levels of affordable housing:
(1) Between October 27, 2022 and that 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 or both, the PDZ must propose to provide:
Table 38.430.050: Affordable Homes Required
Minimum Percentage of
Homes
Maximum Percentage of AMI Duration
Rental Dwellings For-Sale Dwellings
(includes
condominiums)
Type of Housing
Single-Household
Detached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Single-Household
Attached Dwelling
=>10% 80% of AMI 120% of AMI =>30 years
Multi-Household
Dwelling
=>10% 80% of AMI 120% or AMI =>30 years
(2) 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:
(a) 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
(b) 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.
2. 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.
B. Historic structure/site PDZ.
1. Eligibility. A historic structure/site PDZ application must propose:
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a. 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:
(1) 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
(2) 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.
b. The PDZ application may include additional lands contiguous with the lot or parcel containing the
historic structure.
2. Flexibility allowed. Eligible PDZ applications for consideration as an historic structure/site PDZ may
include a request to:
a. Calculate any unused development potential from the lot or parcel containing the historic
structure or site under the property's current zoning,
b. Apply any unused development potential on other portions of the same lot or parcel, or on
contiguous lands included in the PDZ application, and
c. 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.
C. Sustainable/resilient design PDZ.
1. 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:
a. A reduction in water consumption of at least 25 percent; or
b. A reduction in non-renewable energy use of at least 25 percent; or
c. A reduction in average daily motor vehicle trip generation of at least 25 percent; or
d. 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.
2. 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.
D. Large development PDZ.
1. Eligibility. A large development PDZ review must propose all of the following:
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a. The PDZ must contain at least ten 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;
b. If the application includes dwelling units then the affordable housing requirements of Table
38.430.050 apply; and
c. 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.
2. 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:
a. 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;
b. 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
c. The PDZ demonstrates implementation of five adopted community goals and objectives as
documented in an adopted and in effect growth policy, facility 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.
E. Combined benefits PDZ.
1. Eligibility. To be considered for a PDZ that provides a combination of a percentage of the affordable
housing benefits identified in section 38.430.050.A and benefits identified in Sections 38.430.040.B, C,
or D or any combination thereof, the application must:
a. Provide at least one-half of the amounts of affordable housing, at the levels of income-
restriction, required by 38.430.050.A.1.b, for a period of at least 30 years; and
b. Provide benefits listed as necessary to meet 38.430.090 in any one or a combination of:
(1) Section 38.430.050.B.1 for consideration of a historic structure/site PDZ;
(2) Section 38.430.050.C.1 for consideration of a sustainable/resilient design PDZ; or
(3) Section 38.430.050.D.1.a and c above for consideration of a large development PDZ.
2. 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 section 38.430.050.A.2 or B.2 or C.2
or D.2. The city may not adjust or waive any provision imposed by state or federal law or regulation.
F. Novel public benefits PDZ.
1. Eligibility. A novel public benefits PDZ application must propose mutually supportive and integrated
project, site, or building design features outside of the parameters of subsections A—E that:
a. As determined in the discretion of the review authority materially advances at least six objectives
of the growth policy and at least two priorities each from two other adopted plans of the city
which produce public benefits.
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b. The novel public benefits option is subject to a heightened level of scrutiny as the city has
established options A—E as its preferred benefit options.
2. Flexibility allowed. 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 F.1.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.
G. The flexibility allowed for adjustment or waiver of standard applies uniformly to the PDZ unless specified
otherwise in the approval.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.060. Permitted uses in a planned development zone.
A. Proposed land uses in a PDZ must be consistent with the land use descriptions in the city's adopted growth
policy.
B. A PDZ application may include any land use listed in division 38.310 and must identify proposed uses by the
same names used in that section.
C. Proposed uses must comply with all applicable use-specific standards for the use(s), as described in division
38.360, unless a waiver or adjustment to applicable standards is proposed and approved as part of the PDZ
application review process.
D. 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.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.070. Phased development.
A. 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.
B. 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 city ensuring dedication of
required parks, open space, or both, and construction of required infrastructure, amenities, landscape,
irrigation, or site features.
C. The city may authorize phased construction of infrastructure or site amenities pursuant to 38.270.060.C.
D. 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.
(Ord. No. 2104, § 20, 9-27-2022; Ord. No. 2155, § 24, 5-14-2024)
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Sec. 38.430.080. General review procedures for PDZ applications.
A. 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 division 38.260.
B. Procedure.
1. General.
a. 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 division 38.260.
b. 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.
c. 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:
(1) 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.
(2) 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.
d. 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.
e. 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
must follow MCA 76-3-616, as implemented in division 38.240. Final development plan review and approval is still required, as described in this section, and compliance with phased
development requirements in section 38.430.070 is also required, if applicable.
Table 38.430.080.B: PDZ Review and Decision-Making Authority Summary
Table abbreviations
R = Review, D = Decision-making authority, N/A = Requirement does not apply
Director Community Development Board
[1]
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 [2] R R D
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Final Subdivision Plat [2] R D
Notes
[1] Pursuant to MCA Sections 76-1-107 and 76-2-307, the Community Development Board will act in its
capacity as a Zoning Commission or Planning Board, as necessary.
[2] An applicant may request that the city concurrently process applications for a general development plan
and Preliminary Subdivision Plat. An applicant may request that the city concurrently process applications for a
final development plan and Final Subdivision Plat. Such requests may be limited by 76-3-604 (9) MCA.
C. PDZ zoning and general development plan review.
1. Applicant may submit the PDZ zoning and general development plan review application upon
completion of concept or informal,
2. The PDZ application must include, at a minimum the materials required in 38.220.120,
3. 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 the two may be consolidated for
joint consideration by the city commission. Section 76-3-604 (9) MCA restricts applicability of changing
zoning standards and may limit the ability of the city to consolidate review.
D. Concept/informal review. A concept review or informal application is required for all PDZs as specified in
38.230.090. 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.
E. Noticing and public hearings.
1. 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.
2. 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 38.240.
3. Notice shall be provided in accordance with division 38.220.
F. Review and action.
1. 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.
2. After conducting its public meeting, 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. If the applicant submitted an application for a preliminary plat, the community development board must recommend
approval, approval with conditions, or denial of the preliminary plat.
3. After conducting its public hearing, 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.
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4. If the applicant submitted an application for a preliminary plat, the city commission may concurrently
consider the PDZ zoning and subdivision applications and approve, approve with conditions, or deny
the preliminary plat concurrently pursuant to section 38.240.150, if permitted by state law.
5. 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.
G. Final development plan review and approval.
1. 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. A final development plan must be
approved prior to approval of any site plan, final plat, building permit, or other final development
review decision.
2. 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.
3. 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 38.430.070. 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.
4. If the city commission 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.
5. 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.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.090. 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 in subsection A applicable to all PDZ applications and also complies with one or more of the criteria in
subsection 2 applicable to specific types of PDZ applications. The applicant has the burden of proof that the
proposed PDZ and general development plan meet the criteria for approval.
A. Criteria applicable to all PDZ applications.
1. Complies with applicable Montana state law criteria for approval of a zoning map and text
amendment, MCA 76-2-304;
2. Complies with general eligibility criteria in 38.430.040;
3. Complies with the specific eligibility criteria for the type of PDZ requested, as listed in
38.430.050, as applicable;
4. Is in accordance with the growth policy currently in effect, including the future land use map; and
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5. Identifies one or more of the base zoning districts listed in article 3 of this chapter, as the
reference base district for each portion of the PDZ; and
6. Mitigates known adverse impacts on surrounding properties to the extent practicable consistent
with 38.100.050 and 38.100.070.
B. Criteria applicable to specific types of PDZ applications.
1. 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.
2. Historic structure/site PDZ.
a. 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
b. 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.
3. 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 percent lower than
levels commonly experienced by development meeting current established standards in each of
the reference base districts listed in the PDZ.
4. Large development PDZ.
a. 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
b. 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.
c. 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 five years and suitable to complete implementation actions. If the implementation
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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 five years of
beginning of construction within each phase.
d. 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 division 38.270 in
conjunction with subdivision or site development.
e. The implementation plan must include for each action proposed:
(1) A timeline addressing any phasing and completing action within five years;
(2) A description of any additional review procedures required before execution
can begin;
(3) The responsible party to complete additional review procedures; and
(4) Intended funding source if applicable.
5. Combined benefit PDZs.
a. 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
b. 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.
6. Novel public benefit PDZs.
a. 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 five 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 five years of beginning of construction within
each phase.
b. 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 division 38.270 in conjunction with
subdivision or site development.
c. The implementation plan must include for each action proposed:
(1) A timeline addressing any phasing and completing action within five years;
(2) A description of any additional review procedures required before execution can begin;
(3) The responsible party to complete additional review procedures; and
(4) Intended funding source, if applicable.
(Ord. No. 2104, § 20, 9-27-2022)
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Sec. 38.430.100. Duration of PDZ approval.
A. Zoning map amendment.
1. 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.
2. 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 division 38.260 if:
a. 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
b. 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.
B. General development plan duration.
1. 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.
2. 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.
C. Final development plan duration.
1. A final development plan is valid for a period of at least one year one year and not more than three
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.
2. The applicant may submit to the director a written request for extension of time of up to two years to
obtain the required building permit, and the director may approve such requests pursuant to section
38.230.140.F.
3. If a final development plan expires, the applicant must apply for and obtain approval of a new final
development plan pursuant to this section.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.110. Amendments to approved planned development zones and general
development plans.
A. 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.
1. 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
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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 in the
approved general development plan. Minor amendments must be consistent with the initial approval
and may include but are not limited to:
a. A change in the location of any internal street that does not affect points of access to or from the
PDZ property;
b. 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
c. A change of location or orientation of any primary building on a lot or parcel;
d. An increase of less than five percent in the amount of permitted residential or non-residential lot
coverage;
e. A change of less than five percent in the minimum or maximum number of parking spaces
required or permitted;
f. A change of less than five percent in the maximum permitted height of any building; and
g. A change in any numerical building design standard by up to five percent.
h. 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.
i. Revisions to phasing sequence or boundaries that do not conflict with conditions of approval or
conflict with standards.
j. A ten percent 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 38.460.050.C.
2. Major amendments.
a. A major amendment is any change to an approved general development plan not listed as a
minor amendment in this section.
b. 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.
c. Any major amendment that proposes to increase the number of dwelling units in an approved
PDZ, or to add residential dwelling units to an approved PDZ, shall include the proportionate
amounts of affordable housing required by this division.
B. Amendments to approved final development plan.
1. 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 the provisions of this
chapter. Amendments are subject to the minor and major amendment limits in paragraph A of this
section.
2. 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.
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3. 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.
(Ord. No. 2104, § 20, 9-27-2022; Ord. No. 2155, § 25, 5-14-2024)
Sec. 38.430.120. Removal of property from a planned development zone.
A. 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.
B. 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.
C. The city shall consider any such application pursuant to division 38.260 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.
(Ord. No. 2104, § 20, 9-27-2022)
Sec. 38.430.130. 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.
(Ord. No. 2104, § 20, 9-27-2022)
DIVISION 38.440. LEGACY PLANNED UNIT DEVELOPMENTS
Sec. 38.440.010. Intent.
A. 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.
(Ord. No. 2104, § 21, 9-27-2022)
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Sec. 38.440.020. Final plan review and approval.
A. The final PUD plan must be in compliance with the approved preliminary plan and/or development
guidelines except as provided for in subsection A.2 of 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 section
38.430.100, 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.
B. Final plan approval. 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 DRB, DRC, ADR 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 section 38.200.010 is responsible for approval of the final
plat.
1. Final plats associated with a PUD must comply with the requirements of sections 38.240.150 and
38.220.070.
(Ord. No. 2104, § 21, 9-27-2022)
Sec. 38.440.030. Amendments to final plan.
A. 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:
1. 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 the DRB, DRC, ADR staff or other entity.
2. Minor changes are defined as follows:
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a. Those developments that do not change the character of the development;
b. An increase of less than five percent in the approved number of residential dwelling units;
c. An increase of less than five percent in the approved gross leasable floor areas of retail, service,
office and/or industrial buildings;
d. A change in building location or placement less than 20 percent of the building width without
compromising requirements of the UDO;
e. 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;
f. A final plan which does not contain any changes which would allow increased
deviation/relaxation of the requirements of this chapter; and/or
g. A final plat, if applicable, which does not create any additional lots which were not reviewed as
part of the preliminary plan submittal.
h. A ten percent increase or less for landscape irrigation water requirement.
i. 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.
B. Changes greater than minor changes must be processed as a PDZ subject to 38.430.
(Ord. No. 2104, § 21, 9-27-2022; Ord. No. 2155, § 26, 5-14-2024)
Sec. 38.440.040. Duration of planned unit development approval.
A. Duration of preliminary plan approval. The provisions of this subsection A do not apply to subdivision
elements of a PUD.
1. 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.
2. Upon application and in accordance with the standards of section 38.230.140.F, 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.
3. 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.
B. Duration of final plan approval.
1. The applicant must undertake and complete the development of an approved final plan within two
years from the time of final 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 section
38.230.140.F. The granting of administrative extensions under this section may, at the discretion of the
community development director, be referred to the city commission.
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2. 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.
3. 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.
4. Final plan approval may occur multiple times under the provisions for phased PUDs described in
section 38.430.070.
(Ord. No. 2104, § 21, 9-27-2022)
Sec. 38.440.050. 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 section 38.200.160.
(Ord. No. 2104, § 21, 9-27-2022)
Sec. 38.440.060. Removal of property from an approved legacy planned unit development.
A. A property owner may request removal of one or more parcels from a legacy PUD.
B. Such a request for removal must be in writing to the director of community development, 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 director of community development may establish standards for the content, form, and
supporting materials to be included in a request to abandon an approval.
C. The city will review any such application pursuant to division 38.230.150 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.
D. City must determine the abandonment of the PUD does not negatively impact public benefit created by the
PUD.
E. Removal from a PUD does not rescind other final approvals such as subdivisions or site plans.
(Ord. No. 2104, § 21, 9-27-2022)
ARTICLE 5. PROJECT DESIGN
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 5. - PROJECT DESIGN
DIVISION 38.500. INTRODUCTION
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DIVISION 38.500. INTRODUCTION
Sec. 38.500.010. Purpose.
This article implements the Bozeman's growth policy. 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 division 38.540 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, the provisions
of division 38.340 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 herein help new development better meet the purpose and intent
of neighborhood conservation overlay district per section 38.340.010.
2. The director of community development will maintain a design manual to illustrate best practices
to implement the design standards of this chapter. The design manual is to assist citizens and
design professionals by providing visuals and illustrative examples of the intent of the city's
guidelines and regulations.
B. 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 percent.
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 façade's siding, then the siding must meet the applicable exterior
building material standards, but elements such as building articulation (see section 38.530.040)
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 percent, but
not greater than 50 percent. 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 percent 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 block
frontage standards (division 38.510), which address building frontages, entries, parking lot
location, and front setback landscaping. 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 division 38.550, Parking).
b. Compliance with applicable site planning and design elements (division 38.520).
c. Compliance with all building design provisions of division 38.530, 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,
materials, and blank wall treatment standards of section 38.540.070.
d. Compliance with the off-street parking, signage, and lighting provisions of divisions 38.550-
580 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 percent. Such
developments must conform to all applicable standards. Site improvements are addressed in
sections 38.230.150 and 38.230.160.
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Figure 38.500.020.
Examples of site development and the respective types of improvements required under each of the three
levels of improvements.
(Ord. No. 2155, § 27, 5-14-2024)
DIVISION 38.510. BLOCK FRONTAGE STANDARDS
Sec. 38.510.010. Introduction.
A. Purpose.
1. To provide standards to implement the growth policy and applicable adopted subarea plans;
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2. To design sites and orient buildings with an emphasis on compatible development and creating a
comfortable walking environment; and
3. To provide standards that recognize the need for a system of streets and block frontages.
B. Applicability. The provisions of this division apply to all development within Bozeman, except single to four-
household dwellings in any configuration. Also:
1. For clarification on the relationship between the provisions in this division and other documents and
codes, see section 38.500.020.A.
2. For the application of building additions, remodels and site improvements, see section 38.500.020.B.
C. How to use this division. Block frontage standards for individual properties depend on the zoning designation
adjacent that the properties front onto and Community Design Framework map. Take the following steps in
using this division:
1. Determine the zoning of your property, then see section 38.510.020 to find the block frontage type
designation for the street or streets fronting your property. For properties in residential zones, the
standards for landscaped block frontages (see section 38.510.030.C) apply. For properties in industrial
zones, see section 38.510.030.H. For properties that front onto multiple streets, see provisions in
section 38.510.02.F; and
2. Go to the appropriate code section in this division for the standards applicable to the block frontage
type designation. Table 38.510.030.A includes a summary of the five primary street frontage type
designations along with links to the appropriate sections, the intention for each block frontage
designation, and key design/use provisions.
(Ord. No. 2019, § 3, 6-3-2019)
Sec. 38.510.020. Community design framework maps and standards.
A. About the maps. The maps, together with the block frontage standards in section 38.510.030, guide the look
and feel of development in commercial and multi-household areas throughout Bozeman when viewed from
the street. The provisions herein recognize that there is a hierarchy of different streets and block frontage
types ranging from pedestrian-oriented storefronts to arterial streets/frontages that warrant greater
flexibility in the design of frontages.
The block frontage standards address streetfront elements including:
1. Building location and orientation.
2. Parking lot location.
3. Window transparency.
4. Weather protection.
5. Landscaping.
The community design framework maps also identify high visibility street corner sites that warrant special design
treatment. Ultimately, these "form-based" provisions will help to reinforce existing and desired development
patterns intended to implement the growth policy, including adopted neighborhood plans.
B. All block frontages within residential zones are subject to landscaped block frontage provisions set forth in
section 38.510.030.C.
C. All block frontages within industrial zones are subject to the provisions of section 38.510.030.H.
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D. The default block frontage for new or undesignated streets (such as those within annexed land) in
commercial and mixed-use zones is Mixed (see the mixed block frontage provisions set forth in section
38.510.030.D),
E. The block frontage designations apply to development on both sides of the street except where otherwise
specified.
F. Multiple frontage situations where a property and building(s) front onto multiple block frontages or internal
frontage designations. Where a property fronts onto more than one block frontage, each building must
comply with the standards for the block frontage upon which it is located, with the following clarifications:
1. When a building or buildings is located such that it faces and is adjacent to multiple block frontages,
the orientation of the front of the building must be sited and placed on the property in the following
order of precedence:
a. Streets (all types, see subsection F.2 below).
b. Trail/Park.
c. Special residential or internal roadway (parking areas/lots, block separation corridors).
d. Departures may be considered provided the location and front orientation of the buildings are
compatible with the character of the area and enhance the character of the street.
2. When a building(s) is located such that it faces and is adjacent to multiple street block frontages:
a. The orientation of the front of the building must be sited and placed on the property in the
following order of precedence:
(1) Gateway (38.510.030.E).
(2) Storefront (38.510.030.B).
(3) Landscape (38.510.030.C).
(4) Other (38.510.030.G).
(5) Departures may be considered provided the location and front orientation of the buildings
are compatible with the character of the area and enhance the character of the street.
b. For corner sites with landscaped block frontage on one street and storefront or mixed on
another, a storefront frontage may wrap around the corner (on the landscaped block frontage
side) for up to a half block or no more than 120 feet (whichever is more).
c. Each building(s) must address a frontage.
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3. All buildings must be placed and designed to present the front and primary facade to the block
frontage or street block frontage that is highest in the order of precedence.
4. All buildings on a corner at the intersection of two streets must be placed adjacent to and present a
front and primary façade to both street block frontages.
5. Entrances:
a. A publicly accessible entrance must be provided on the front and primary facade unless not
required by the block frontage.
b. For buildings on a corner at the intersection of two streets, publicly accessible entrances on both
street frontages are encouraged, but only one entrance is required.
c. For buildings that front on internal and external block frontages, publicly accessible entrances on
both types of block frontages are encouraged, but only one entrance is required.
d. The publicly accessible entrance must be provided on the storefront block frontage if one is
provided.
e. For buildings on a corner at the intersection of two streets with a mix of block frontage
designations the publicly accessible entrance must be provided on the block frontage according
to the order of precedence in subsection 1 above.
f. For buildings on lots or sites that have multiple street block frontages the publicly accessible
entrance must be provided on the block frontage according to the order of precedence in
subsection 2 above.
6. Buildings that face two streets and meet the primary frontage parking location standards are not
required to meet building to parking location percentage frontage standards for subsequent building
frontages.
7. Parking: Surface parking (including ground floor parking in a structure) adjacent to a street corner is
not allowed, except:
a. Corner lots with non-designated frontages (other) on both streets;
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b. Other combination of block frontages, except those with a storefront designation, via a departure
and subject to the applicable departure criteria.
G. Changes to the default block frontage designation for new and existing streets may be made through the
Community Design Framework Master Plan per section 38.510.030.L.
H. A reference map of approved community design framework master plans and default block frontages is
maintained by the department of community development. The map is a visual representation of the text of
this section and is for illustrative purposes only.
(Ord. No. 2019, § 4, 6-3-2019)
Sec. 38.510.030. Block frontage standards.
A. Summary chart. Table 38.510.030.A summarizes standards for each of the six designated block frontage
types. Specific standards for each of the block frontage types are set forth below:
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Table 38.510.030.A.
Summary of block frontage standards.
B. Storefront block frontages.
1. Description/intent. Storefront block frontages are the most vibrant and active shopping and dining
areas within the city. Blocks designated as storefront blocks include continuous storefronts placed
along the sidewalk edge with small scale shops and/or frequent business entries.
Figure 38.510.030.B.
Storefront vision and key standards.
2. Standards. All development as set forth in UDC 38.510.010.B on sites containing a storefront block
frontage designation must comply with the following standards (on applicable block frontages):
Table 38.510.030.B Storefront block frontage standards
Element Standards( refers to departure
opportunities, see subsection 38.510.030
below)
Examples & Notes
Ground floor
Land use
Non-residential uses specified in
38.310.040, except for lobbies
associated with residential or
hotel/motel uses on upper
floors.
Floor to floor height of ground
floor
15' minimum (applies to new
buildings only).
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Non-residential space depth 20' minimum (applies to new
buildings only).
Building placement Required at front property
line/back edge of sidewalk.
Additional setbacks are allowed
for widened sidewalk or
pedestrian-oriented space
(38.520.060.D).
Building entrances Must face the street. For corner
buildings, entrances may face
the street corner.
Façade transparency At least 60% of ground floor
between 30" and 10' above the
sidewalk for primary facades
and 40% of ground floor
between 30" and 10' above the
sidewalk for secondary facades.
Display windows may count
for up to 50% of the
transparency requirement
provided they are at least 30" in
depth to allow for changeable
displays. Tack-on display cases
do not qualify as transparent
window areas.
Window area that is glazed over
or covered in any manner that
obscures visibility into the
storefront space shall not count
as transparent window area.
Weather protection Weather protection with 8-15'
vertical clearance at least 5' in
average depth along at least
60% of façade. Retractable
awnings may be used to meet
these requirements.
Parking location
Also see division 38.540 of this
division for related parking
requirements
New surface and structured
parking areas (ground floor)
must be placed to the side or
rear of structures and are
limited to 60' of street frontage.
Provide a 6' minimum buffer
of landscaping between the
street and off street parking
areas meeting the performance
standards of division 38.550.
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Sidewalk width 12 feet minimum between curb
edge and storefront (area
includes clear/buffer zone with
street trees). Setbacks and
utility easements must also be
considered and may result in a
larger minimum sidewalk width.
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative
proposal meets the intent of the standards, plus the following criteria:
a. Retail space depth. Reduced depths 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 retail uses;
b. Façade transparency. The proposed alternative design treatment of façade area between ground
level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall
areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk
may be approved with a departure;
c. Weather protection. Other proposed alternative design treatments must provide equivalent
weather protection benefits; and
d. Parking location. There must be an acceptable tradeoff in terms of the amount and quality of
storefront area that is integrated with the development and the applicable parking location
departure. Plus, the alternative must include design features to successfully mitigate the visual
impact of additional parking areas along designated storefront streets.
e. Sidewalk width. Alternative designs may be considered where topographical challenges exist.
Alternative designs must be able to accommodate safe and comfortable pedestrian traffic
anticipated for full block development.
C. Landscaped block frontages.
1. Description/intent. The landscaped block frontage designation emphasizes landscaped frontages and
clear pedestrian connections between buildings and the sidewalk. This designation applies to all new
and existing streets in applicable residential districts, plus includes residential based streets and other
streets in commercial/ mixed-use zoned areas where special landscaped frontages are desired.
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Figure 38.510.030.C.
Landscaped block frontage vision and key standards.
2. Standards. All development as set forth in section 38.510.010.B on sites containing a landscaped block
frontage designation must comply with the following standards (on applicable block frontages):
Table 38.510.030.C
Landscaped block frontage standards.
Element Standards( refers to departure opportunities, see subsection 38.510.030 below)
Examples & Notes
Ground floor:
Land use
See Tables 38.310.030-.040 for
permitted use details.
Building placement 10' minimum front setback. See section 38.510.030.J for
special design provisions
associated with ground level
residential uses adjacent to a
sidewalk.
Building entrances Building entrances must be
visible and directly accessible
from the street. For uses that
front on multiple mixed
designated block frontages, an
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entry along both streets is
encouraged, but not required.
Façade transparency For buildings designed with
ground level non-residential
uses, at least 25% of the ground
floor between 4'-8' above the
sidewalk. For residential uses,
at least 15% of the entire façade
(all vertical surfaces generally
facing the street). Windows
must be provided on all
habitable floors of the façade.
Window area that is glazed over
or covered in any manner that
obscures visibility into the
storefront space shall not count
as transparent window area
Weather protection Provide weather protection at
least 3' deep over primary
business and residential entries.
Parking location
Also see division 38.540 of this
division for related parking
requirements
Parking must be placed to the
side, rear, below or above uses.
For single and multi-building
developments, surface and
structured parking areas
(ground floor) are limited to no
more than 50% of the street
frontage. Private or shared
garage entries must occupy no
more than 50% of façade
width.Provide a 10' minimum
buffer of landscaping between
the street and off street parking
areas meeting the performance
standards of division 38.550 of
this chapter. New parking
structures must
featurelandscaped setbacks at
least 10' in width.
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Landscaping
Also see division 38.550 of this
division for related landscaping
standards
The area between the street
and building must be
landscaped, private porch or
patio space, and/or pedestrian-
oriented space.
For setbacks adjacent to
buildings with windows, provide
low level landscaping that
maintains views between the
building and the street.
Also provide plant materials
that screen any blank walls and
add visual interest at both the
pedestrian scale and motorist
scale. For extended wall areas,
provide for a diversity of plant
materials and textures to
maintain visual interest from a
pedestrian scale.
Sidewalk width 6' minimum sidewalks are
required adjacent to arterial
streets and public parks and 5'
minimum width in other areas,
except the review authority
may require wider sidewalks in
special areas where called for in
adopted plans or where
significant pedestrian traffic is
anticipated.
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative
proposal meets the intent of the standards, plus the following criteria:
a. Building entrances. Block frontages with steep slopes and/or those facing busy arterial streets
and very limited pedestrian traffic may warrant some flexibility to this standard (particularly in
residential districts);
b. Façade transparency. The proposed alternative design treatment of façade area between ground
level windows provides visual interest to the pedestrian and mitigates impacts of any blank wall
areas. No less than 40 percent of the façade between 30 inches and ten feet above the sidewalk
may be approved with a departure;
c. Parking location. There must be an acceptable tradeoff in terms of the amount and quality of
storefront area that is integrated with the development and the applicable parking location
departure. Plus, the alternative must include design features to successfully mitigate the visual
impact of additional parking areas along designated landscaped streets.
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D. Mixed block frontages.
1. Description/intent. The mixed block frontage designation serves areas that accommodate a mixture of
ground floor uses and allows a diversity of development frontages provided they contribute to the
visual character of the street and enhance the pedestrian environment.
Figure 38.510.030.D. Mixed block frontage options and standards.
2. Standards. All development as set forth in section 38.510.010.B on sites containing a mixed block
frontage have the option to comply with either the storefront or landscaped block frontage provisions
as set forth above, with the following modifications (on applicable block frontages):
Table 38.510.030.D
Mixed block frontage standards.
Element Standards( refers to departure
opportunities, see subsection
38.510.030 below)
Examples & Notes
Building placement Buildings may be placed up to
the sidewalk edge provided
they meet storefront standards
set forth above.10' minimum
front setback for other
buildings, except where greater
setbacks are specified in the
district per division 38.320.
See section 38.510.030.J for
special design provisions
associated with ground level
residential uses adjacent to a
sidewalk.
Façade transparency
Generally, the amount of
transparency of façades
depends on the use and setback
from the street.
Any storefront buildings on
these block frontages must
meet the storefront block
frontage transparency
standards above. Other
buildings designed with non-
residential uses on the ground
floor within 10' of sidewalk, at
least 40% of the ground floor
Window area that is glazed over
or covered in any manner that
obscures visibility into the
storefront space shall not count
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between 4'-8' above the ground
level surface. Other buildings
designed with non-residential
uses on the ground floor within
20' of the sidewalk, at least 25%
of the ground floor between 4'-
8' above the ground level
surface. Residential buildings,
at least 15% of the entire façade
(all vertical surfaces generally
facing the street). Windows
must be provided on all
habitable floors of the façade.
as transparent window area.
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative
proposal meets the intent of the standards, plus the following criteria:
a. Minimum setback. For residential uses, provide design treatments that create an effective
transition between the public and private realm. This could include a stoop design or other
similar treatments that utilize a low fence, retaining wall, and/or hedge along the sidewalk.
Figure 38.510.030.D.4.
Stoop examples.
E. Gateway block frontages.
1. Description/intent. The gateway block frontage designation serves strategic areas fronted by highways
or other high visibility arterials that feature heavy vehicular traffic, but there is a desire to provide
attractive landscaped frontages, limit the extent of visible surface parking, and accommodate the
needs of pedestrians.
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Figure 38.510.030.E.
Gateway block frontage vision.
2. Standards. All development as set forth in section 38.510.010.B on sites containing the gateway block
frontage designation must comply with the landscaped block frontage provisions as set forth above,
with the following modifications:
Table 38.510.030.E
Gateway frontage standards
Element Standards( refers to departure
opportunities, see subsection 38.510.030 below)
Examples & Notes
Building placement The minimum setback for
buildings is 25'.
Building entrances At least one (publicly accessible
for commercial buildings)
building entrances must be
visible and directly accessible
from the street.
Parking location Surface and structured parking
must be placed to the side, rear,
below or above uses. For multi-
building developments, surface
and structured parking areas
(ground floor) are limited to no
more than 60% of the street
frontage.
3. Departure criteria. See subsection C.3 of this section for criteria.
F. Internal roadway storefront block frontages.
1. Description/intent. The internal roadway storefront block frontage designation is intended to apply to
some existing commercial storefront areas that are located on internal roadways. This designation
intends to reinforce and enhance the storefront environment if and when changes occur over time.
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2. Standards. Development as set forth in section 38.510.010.B on sites containing the internal roadway
storefront block frontage designation must comply with the storefront block frontage standards as set
forth above, with the following modifications:
Table 38.510.030.F
Internal roadway storefront block frontage standards
Element Standards( refers to departure opportunities, see subsection 38.510.030 below)
Façade transparency At least 50% of ground floor between 30" and 10' above the sidewalk.
Landscaping A planting strip with a tree must be integrated along the sidewalk every 50' of
lineal frontage on average and must meet requirements outlined in section
38.550.060.
Sidewalk width 12' minimum walking surface (landscape planter areas may not be counted in the
sidewalk width calculations).
3. Departure criteria. See subsection B.4 of this section for criteria.
G. Other block frontages.
1. Description/intent. All other block frontages in districts that are not designated in Community Design
Framework Maps are provided greater flexibility with regard to the design of development frontages.
These block frontages include a combination of side streets (where most uses often front on other
adjacent streets) and service oriented streets (often characterized by industrial or service types of
uses). While there is greater flexibility in the amount of transparency of façades and the location of
surface and structured parking, design parameters are included to ensure that development frontages
along these streets provide visual interest at all observable scales and meet the design objectives of
the city.
2. Standards. All development as set forth in section 38.510.010.B with applicable block frontage
designations must comply with standards below:
Table 38.510.030.G
Other block frontage standards
Element Standard( refers to departure opportunities, see subsection 38.510.030 below)
Ground floor land use
Land use
See Tables 38.310.030-.040 for permitted use details.
Building placement 10' minimum front setback for buildings. See section 38.510.030.J for special
design provisions associated with ground level residential uses adjacent to a sidewalk.
Building entrances Building entrances facing the street are encouraged. At least one building entry
visible and directly accessible from the street is required. Where buildings are set
back from the street, pedestrian connections are required from the sidewalk.
Façade transparency For storefronts, at least 60% of ground floor between 30" and 10' above the
sidewalk is required. Other buildings designed with non-residential uses on the
ground floor within 10' of sidewalk, at least 30% of the ground floor between 4'-8'
above the sidewalk. Other buildings, at least 10% of the entire façade (all vertical
surfaces generally facing the street). Window area that is glazed over or covered
in any manner that obscures visibility into the storefront space must not count as
transparent window area.
Weather protection At least 3' deep over primary business and residential entries.
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Parking location
Also see division 38.540
of this division for related parking requirements
There are no parking lot location restrictions, except that a 10' buffer of
landscaping between the street and off street parking areas meeting the
performance standards of division 38.550 of this division is required.
Landscaping
Also see division 38.550
of this division for related
landscaping standards
The area between the street and building must be landscaped and/or private porch
or patio space.
For setbacks adjacent to buildings with windows, provide low level landscaping
that maintains views between the building and the street.
Also provide plant materials that screen any blank walls and add visual interest at
both the pedestrian scale and motorist scale. For extended wall areas, provide for a
diversity of plant materials and textures to maintain visual interest from a
pedestrian scale.
Sidewalk width Where storefront buildings are proposed, sidewalks must meet storefront block
frontage standards above. Otherwise, 6' minimum sidewalks are required adjacent
to arterial streets and public parks and 5' minimum width in other areas, except
the review authority may require wider sidewalks in special areas where called for
in adopted plans or where significant pedestrian traffic is anticipated.
3. Departure criteria. Departures to the above standards that feature the symbol will be
considered by the review authority (per section 38.250.060) provided the alternative
proposal meets the intent of the standards, plus the following criteria:
a. Minimum setback. Provide design treatments that create an effective transition between the
public and private realm. This could include a stoop design to other similar treatments that utilize
a low fence, retaining wall, and/or hedge along the sidewalk.
b. Façade transparency. The design treatment of a façade and/or landscape element provides visual
interest to the pedestrian and mitigates impacts of any blank wall area.
H. Block frontages in the industrial zones are subject to the standards for "Other" streets as set forth in
subsection G above except:
1. Planting areas between the sidewalk and the building, outdoor storage, or parking areas must be at
least ten feet in depth and are required to meet the landscaping standards of division 38.550.
a. Departure: Reductions in the landscaping frontage may be considered for low volume and low
visibility streets entirely within the industrial zone. Land uses with a higher density of employees
warrant standard landscaping and pedestrian access provisions.
I. Trail/park frontages. Where a property fronts onto a park or a public trail, such frontages must comply with
the mixed block frontage standards set forth in subsection D of this section. For non-residential
developments/uses where the review authority determines that an orientation to the trail would not be appropriate based on the context of the site, the development must be subject to the standards for "other
block frontages" set forth in subsection G above, with a minimum building setback of 20 feet from the
applicable park/trail right-of-way, easement, or property line.
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Figure 38.510.030.I.
Park/trail frontage examples.
J. Special residential block frontage standards along sidewalks and internal pathways. 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.
1. 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.
2. 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:
a. Landscaped area, meeting the provisions of division 38.550.
b. Semi-private patio space screened by a low fence or hedge (see section 38.350.060).
3. 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 applicable zoning district in division 38.320).
See figure 38.510.030.J below for examples of the above treatments.
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Figure 38.510.030.J.
Acceptable public/private transitional space design between sidewalk or pathways and ground level
residential units.
K. Reserved.
L. Community Design Framework Master Plan. Recently annexed or rezoned commercial or mixed-use
properties, as well as strategic large undeveloped sites, necessitate a different approach to applying block
frontage standards. The provisions below identify the intent, applicable sites, block frontage designation
options, and special standards for developing community design framework master plans.
1. Intent.
a. To provide a thoughtful and fair process to plan for the development of large and new
commercial and mixed-use sites consistent with Bozeman's growth policy.
b. To promote an arrangement of streets, buildings, open space, parking and service areas that
create a strong sense of community and enhance the character of Bozeman.
c. To avoid uncoordinated patterns of development that waste valuable land, compromise
vehicular and pedestrian access, and degrade the character of Bozeman.
2. Applicable sites.
a. Recently annexed sites zoned as one of the commercial or mixed-use zoning districts.
b. Sites recently rezoned as one of the commercial or mixed-use zoning districts that are not
addressed in the community design framework maps.
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3. Block frontage designation options.
a. Prior to development of applicable sites, a community design framework master plan must be
developed, approved and recorded for the property per the procedures set forth in section
38.230.130. The master plans must include:
(1) New streets and internal roadways along with block frontage designations (types included
in this section).
(2) Any designated high visibility street corners.
(3) Any planned open spaces, trails, and shared use paths.
(4) Any special phasing conditions.
(5) Other special design conditions unique to the site and plan that must be implemented with
future site plan development.
b. Community design framework master plans may utilize any existing block frontage designations
that border the site, or include an alternative block frontage designation type or types, subject to
master plan approval.
c. Alternatively, site plan development may occur on applicable sites without an approved and
recorded community design framework master plan, provided all block frontages comply with
the standards for mixed block frontages as set forth in subsection D of this section.
4. Master plan design standards. Community design framework master plans must meet the intent as set
forth above plus the following parameters for specific sites:
Table 38.510.030.L
Community design framework master plan design standards
The provisions below are intended to guide the design of individual community design framework master plans.
They are referred to as standards, since all proposed plans must successfully demonstrate how they comply
with the provisions herein.
All Sites • Configure site to create a pedestrian-oriented focal point. Such a focal point could be a
main street (storefront), a central square surrounded by storefronts or other similar
elements.
• Larger sites have greater expectations in the amount of storefront designated
frontages.
• Goals, policies and concepts from adopted plans must be used to help determine
compliance with these standards.
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Figure 38.510.030.L.
Development examples.
5. Community design framework master plans are subject to the application requirements and
procedures set forth in section 38.230.130.
M. Structured parking facility development standards.7
1. All above ground structured parking facilities must conform to the design standards herein and the
designated block frontage in section 38.510.030. In the event of a conflict between block frontage
standards and the standards of this section, the standards of this section will govern. Exceptions:
a. Single-household dwellings and individual townhouse and multi-household units 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
b. For development in the R-5 and B-2M districts, the applicable structured parking provisions in
division 38.500 (Block Frontage Standards) take precedence over any conflicting provisions of
division 38.340 or related standards in this section.
7Editor's note(s)—See the editor's note to § 38.540.030.
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2. Building standards.
a. Intent: To promote an active and diverse streetscape, parking structures should 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.
(1) 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.
(2) 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. Structured parking facilities must provide transparency along at least 50 percent of the linear
length of the building's façade. 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.
(1) The bottom edge of any window or product display window used to satisfy the
transparency standard of this subsection B.3 may not be more than four feet above the
adjacent sidewalk.
(2) Product display windows used to satisfy these requirements must have a minimum height
of four feet and be internally lighted.
g. 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.
h. Buildings must be articulated with modules, architectural detailing, individual floors visually
expressed in the façade, and rhythm and pattern of openings and surfaces must be human-scale.
i. Buildings must be oriented to the adjacent public or private street.
j. If an alley is adjacent to site, access must be taken from that alley. Access to a street may be
considered by the review authority.
k. 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.
l. Parking entrance(s) may not account for more than 25 percent of entire building façade.
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m. Parking entrance(s) must not be located central to the building façade.
(Order No. 2018-01, § 15, 4-18-2018; Ord. No. 2014, § 12, 6-3-2019; Ord. No. 2062, §§ 3, 4, 11-16-2021; Ord. No.
2155, § 28, 5-14-2024)
DIVISION 38.520. SITE PLANNING AND DESIGN ELEMENTS
Sec. 38.520.010. 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.
Also see the individual "intent" 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 to four-household
dwellings on individual lots. The excepted dwellings are subject to the form and intensity standards in section
38.360.220. Townhouses and rowhouses are subject to the form and intensity standards in section 38.360.250.
Also:
A. For clarification on the relationship between the provisions in this division and other documents and
codes, see section 38.500.020.A.
B. For the application to building additions, remodels see section 38.500.020.B.
C. For clarification on how the provisions of this division are applied to site improvements, see sections
38.230.150, 38.230.160, and 38.230.170.
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.
(Ord. No. 2059, § 3, 1-26-2021)
Sec. 38.520.030. Relationship to adjacent properties.
A. Intent.
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 percent opaque. Specifically, 50 percent of the area below the railing must
be a sight-obscuring structure.
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Figure 38.520.030.B.
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 figures 38.520.030.B and C. 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.
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Figure 38.520.030.C.
Light and air access and privacy standards for multi-household residential buildings alongside/rear property
lines.
(Order No. 2020-01, §§ 1, 2, 11-6-2020; Ord. No. 2070, § 3, 6-8-2021)
Sec. 38.520.040. Non-motorized circulation and design.
A. Intent.
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/bicycle paths.
B. Access to sidewalk. All buildings must feature pedestrian connections to a sidewalk per applicable block
frontage standards in division 38.510. See subsection D below for access design requirements.
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Figure 38.520.040.B.
Examples of direct pedestrian access to buildings from the street.
C. 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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Figure 38.520.040.C.1.
Internal and external pedestrian connections are important.
2. 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 38.520.040.C.2.a.
Direct pathways between the street and dwelling units are required.
Figure 38.520.040.C.2.b.
Examples of attractive pathway connection through a residential development.
3. 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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Figure 38.520.040.C.4.
Parking area pathway standards and examples.
5. 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.
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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.
3. Pathways must be separated from structures by at least three feet of landscaping except where the
adjacent building façade meets the Storefront block frontage standards per section 38.510.030.B.
Departures are permitted for other landscaping and/or façade design treatments to provide attractive
pathways will be considered. Examples include sculptural, mosaic, bas-relief artwork, or other
decorative treatments that meet the intent. Figure 38.520.040.D.3 below provides one example.
Figure 38.520.040.D.3.
Standards for internal walkways adjacent to buildings.
4. 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. Departure: Breaks in the tree
coverage will be allowed 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 38.550;
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Figure 38.520.040.D.4.
Example of a successful pedestrian sidewalk between parking lot and storefront.
d. Light pathways in accordance with division 38.570;
e. See also section 38.520.050.D, internal roadway design;
f. Hard surface.
E. Bicycle facilities. Provide bicycle racks, lockers, or other means of safely and conveniently parking bicycles at
the rate specified in section 38.540.050.
(Ord. No. 2155, § 29, 5-14-2024)
Sec. 38.520.050. Vehicular circulation and parking.
The standards herein supplement the provisions of divisions 38.400 and 540. Where there is a conflict, these
provisions apply.
A. Intent.
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 section 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 section 38.400.090.
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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 street corner sites, 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 section 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
access roads designed solely for the purpose of service (e.g. waste pick-up) and loading.
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.
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Figure 38.520.050.D.
Good internal roadway examples.
3. 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 division 38.550.
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
section 38.540.020.N.
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c. Also see sections 38.360.110 and 38.540.020.N for related standards.
(Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2155, § 30, 5-14-2024)
Sec. 38.520.060. On-site residential and commercial open space.
A. Intent.
1. To create useable space that is suitable for leisure or recreational activities for residents.
2. To create open space that contributes to the residential setting.
3. To provide plazas that attract shoppers to commercial areas.
4. To provide plazas and other 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.
5. To enhance the character and attractiveness of commercial development.
B. Usable residential open space.
1. All multi-household development, including multi-household portions of mixed-use development, must
provide minimum usable open space equal to 100 square feet per dwelling unit for studio and one
bedroom dwellings and 150 square feet per dwelling unit for dwellings with two or more bedrooms. All
group living developments must provide minimum usable open space equal to 37 square feet per
person. The required open space may be provided in a combination of ways:
a. Shared open space. One hundred percent of the required open space may be in the form of
shared open space available to all residents and meeting the requirements of subsection B.2
below. Shared open space may be in the form of courtyards, front porches, patios, play areas,
gardens or similar spaces.
b. Ground level private outdoor space. One hundred percent of the required open space may be
provided by ground level outdoor space that is adjacent and directly accessible to the subject
unit. Such open spaces must be enclosed by a fence and/or hedge at least 32 inches in height to
qualify.8 Departures to this standards are permitted.
c. Balconies. Up to 50 percent of the required open space may be provided by private balconies
provided they meet the requirements of subsection B.3 below.*
d. Common indoor recreation areas. Up to 50 percent of the required open space may be provided
by common indoor recreation areas meeting the requirements of subsection B.4 below.
e. Shared roof decks. For mixed-use buildings, up to 100 percent of the required open space may be
provided by shared roof decks located on the top of buildings which are available to all residents
and meet the requirements of subsection B.5 below.
f. All landscaped areas in the above uses must meet the requirements in division 38.550.
2. Shared open space. Shared open space can include landscaped courtyards or decks; entrance plazas;
gardens with pathways; children's play areas; pools; and water features provided they are accessible to
8Note(s)—Individual private open space (as defined in subsections B.1.b and c in excess of minimum requirements
must not be used in the calculations for determining the minimum usable open space requirements for other
units in the development.
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all residents of the development. Accessible areas used for stormwater retention or other
multipurpose recreational and/or green spaces that meet the design criteria herein may qualify as
shared open space.
Special requirements for common usable open spaces include the following:
a. Shared open space must be located in centralized areas that are visible from units within the
development.
b. Required setback areas does not count as shared open space unless the design of the space
meets the standards herein.
c. Shared open space must feature no dimension less than 15 feet in order to provide functional
leisure or recreational activity (unless otherwise noted herein).
d. Shared open space must feature paths or walkable lawns, landscaping, seating, lighting, and play
structures, sports courts, or other pedestrian amenities to make the area more functional and
enjoyable for a range of users.
e. Shared open space 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.
f. When possible the space should be oriented to receive sunlight, facing east, west or preferably
south.
g. Stairways and service elements located within or on the edge of shared open space must not be
included in the open space calculations.
h. Shared porches may qualify as shared open space provided they are at least eight feet in depth
and 96 square feet in total area.
i. The space must be accessible to all residents of the development.
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Figure 38.520.060.B.2.
Shared open space examples.
3. Private balconies and decks. Such spaces must be at least 36 square feet, with no dimension less than
six feet, to provide a space usable for human activity.
4. Indoor recreational areas. Such spaces must meet the following conditions:
a. The space must be located in a visible area, such as near an entrance, lobby, or high traffic
corridors;
b. The space must be designed specifically to serve interior recreational functions and not merely
be leftover unrentable area used to meet the open space requirement. Such space must include
amenities and design elements that will encourage use by residents.
5. Shared rooftop decks. Such spaces must meet the following requirements:
a. Space must feature hard surfacing, providing and amenities such as seating areas, landscaping,
and/or other features that encourage use;
b. Space must integrate landscaping elements that enhance the character of the space and
encourage its use;
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c. Space must incorporate features that provide for the safety of residents, such as enclosures,
railings, and appropriate lighting levels.
Figure 38.520.060.B.5. Rooftop deck examples.
C. Usable commercial open space. New developments with non-residential uses (except for development within
the industrial zones) on sites with a total site area greater than one acre must provide open space.
1. Commercial only sites. 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. The open space may be in the form of pedestrian-
oriented open space per subsection D below, garden, play area or other open space feature that serves
both as a visual amenity and a place for human activity. 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.
2. Mixed use sites. 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). When the omission of
solely residential areas results in the site area being less than one acre, no commercial open space is
required.
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Figure 38.520.060.C.
Example of site development integrating usable commercial open space.
Figure 38.520.060.C.2
Illustration of mixed-use building open space calculation
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D. Pedestrian-oriented open space design criteria. This subsection describes the requirements and desired
characteristics of pedestrian oriented open space (which may be used to meet the requirements of
subsection C above).
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 division 38.570;
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:
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
façade between 30 inches and ten feet above the ground level;
c. Pedestrian weather protection, alcoves, seating, or other features along building edges to allow
for outdoor gathering.
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
section 38.520.070.
c. Adjacent chain-link fences;
d. Adjacent "blank walls" without "blank wall treatment" (see 38.530.070.C);
e. Outdoor storage.
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Figure 38.520.060.D.1.
Example of a small pedestrian-oriented open space.
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Figure 38.520.060.D.2.
Desirable examples of pedestrian-oriented open space.
(Ord. No. 2014, § 10, 6-3-2019; Ord. No. 2019, § 8, 6-3-2019; Ord. No. 2155, § 31, 5-14-2024)
Editor's note(s)—Ord. No. 2014, § 10, adopted June 3, 2019, amended the title of § 38.520.060 to read as herein
set out. The former § 38.520.060 title pertained to on-site residential open space.
Sec. 38.520.070. Location and design of service areas and mechanical equipment.
A. Intent.
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.
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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 must be screened
with structural and landscaping screening measures provided in subsection C below and division
38.550. 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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Figure 38.520.070.B.
Service element location.
C. 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 38.520.070.C 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, or does not require that a hauling truck project into any public
right-of-way. Ensure that screening elements allow for efficient service delivery and removal
operations.
e. The service area must be paved.
2. The sides and rear of service enclosures must be screened with landscaping at least five feet wide in
locations visible from the street, parking lots, and pathways to soften views of the screening element
and add visual interest.
Departures to the provisions of subsections B.1, 2, and 3 above will be considered per section 38.250.060 provided
the enclosure and landscaping treatment meet the intent of the standards and add visual interest to site users.
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Figure 38.520.070.C.
Acceptable screening enclosures.
D. Utility meters, electrical conduit, and other service utility apparatus.
1. 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.
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Figure 38.520.070.D.
Utility meter location and screening—Good and bad examples.
E. Location and screening of roof mounted mechanical equipment.
1. All rooftop mechanical equipment, including air conditioners, heaters, vents, and similar equipment
must be fully screened from public view both at grade and from higher buildings 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.
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.
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Figure 38.520.070.E.
Examples of how to screen roof-mounted mechanical equipment.
DIVISION 38.530. BUILDING DESIGN
Sec. 38.530.010. Purpose.
See the individual "intent" statements for each section in this division.
Sec. 38.530.020. Applicability and compliance.
The provisions of this division apply to all development within Bozeman, except single, two, three, and four-
household 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 section 38.500.020.A.
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B. For the application of building additions and remodels and site improvements, see section
38.500.020.B.
C. For clarification on how the provisions of this division are applied, see section 38.500.030.
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.
(Order No. 2018-01, § 16, 4-18-2018)
Sec. 38.530.030. Building character.
A. Intent.
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.
1. Developments within the Neighborhood Conservation Overlay District (NCOD) are subject to section
38.340.050.
Sec. 38.530.040. Building massing and articulation.
A. Intent.
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.
B. Façade 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 façade pattern:
1. Windows.
2. Entries.
3. Use of weather protection features.
4. Use of structural expression.
5. Change in roofline per subsection F below.
6. Change in building material or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints or an
integrated trim pattern.
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8. Other design techniques that effectively reinforce a human-scaled pattern compatible with the
building's surrounding context.
9. Providing vertical elements such as a trellis with plants, green wall, art element.
10. Providing vertical building modulation of at least 12 inches in depth if tied to a change in roofline per
subsection F below or a change in building material, siding style, or color.
Exceptions:
a. Only two articulation features are required on building façades in the BP district;
b. Only one articulation feature is required on building façade s in the M-1 district;
c. Buildings in the M-2 district are exempt from these standards.
d. Building walls facing alleys, rear or side yards are not subject to the standards herein, except for
zone edge properties, when adjacent to a lower-intensity zoning district.
Figure 38.530.040.B.
Façade articulation examples.
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C. Façade articulation--Residential buildings must include articulation features at appropriate
intervals relative to the scale of the façade 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 façade
articulation should be compatible with the surrounding context.
1. Use of windows.
2. Entries.
3. Use of weather protection features.
4. Use of vertical piers/columns.
5. Change in roofline per subsection F below.
6. Change in building material and/or siding style.
7. Articulation of a single building material through varying colors, textures, or incorporating joints or an
integrated trim pattern.
8. Providing vertical building modulation if tied to a change in roofline modulation per subsection F below
or a change in building material, siding style, or color.
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.
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Figure 38.530.040.C.
Residential façade articulation examples.
D. Departure criteria associated with articulation standards. Proposals must meet the intent of the standards.
The following criteria will be considered in determining whether the proposed articulation treatment meets
the "intent."
1. The type and width of the proposed articulation treatment and how effective it is in meeting the intent
given the building's current and desired context (per Bozeman's growth policy or applicable adopted
subarea plan).
2. The applicable block frontage designation. Undesignated block frontages warrant more flexibility than
block frontages designated as mixed or landscaped.
3. The size and width of the building. Smaller buildings warrant greater flexibility than larger buildings.
4. The quality of façade materials in concert with doors, windows, and other façade features and their
ability to add visual interest to the street from a pedestrian scale and more distant observable scales.
Figure 38.530.040.D.
Façade articulation departure examples.
E. Maximum façade width. Building façades wider than 150 feet must include at least one of the following
features to break up the massing of the building and add visual interest. Building walls facing alleys, rear or
side yards are not subject to the standards herein, except for zone edge properties, when adjacent to a lower
intensity zoning district. Existing buildings are exempt from subsection E.
1. Provide vertical building modulation at least six feet deep and ten feet wide. For multi-story buildings,
the modulation must extend through more than one-half of the building floors.
2. Use a contrasting vertical modulated design component that:
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a. Utilizes a change in building materials that effectively contrast from the rest of the façade;
b. Is modulated vertically from the rest of the façade by an average of six inches.
3. Façade employs building walls with contrasting articulation that make it appear like multiple distinct
buildings. To qualify for this option, these contrasting façades must employ all of the following:
a. Different building materials and/or configuration of building materials;
b. Contrasting window design (sizes or configurations).
Departures will be considered provided the design meets the intent of the standards. Supplemental consideration
for approving alternative designs:
• Width of the façade. The larger the façade, the more substantial articulation/ modulation features
need to be.
• Block frontage designation. Storefront designated block frontages warrant the most scrutiny, while
undesignated streets warrant more flexibility.
• The type of articulation treatment and how effective it is in meeting the intent given the building's
context.
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Figure 38.530.040.E.
Illustrating maximum façade width standards and good and bad examples.
F. Roofline modulation. In order to qualify as a façade articulation feature in subsections B, C, and E above,
rooflines must employ one or more of the following:
1. For flat roofs an extension of the parapet or a break in the parapet of at least one foot measured from
the adjacent roof or adjacent parapet. If no parapet is present a horizontal roof edge/eave extension of
at least two feet.
2. A pitched roofline segment(s) scaled appropriately to the façade.
3. A combination of the above.
Departures will be considered provided the roofline modulation design effectively reduces the perceived scale of
the building and adds visual interest.
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Figure 38.530.040.1.
Acceptable examples of roofline modulation.
Figure 38.530.040.1.
Acceptable examples of roofline modulation.
Sec. 38.530.050. Building details.
A. Intent.
1. To encourage building façades with attractive design details at an appropriate pedestrian scale relative
to the overall composition of the building.
2. To integrate window design that adds depth, richness, and visual interest to the façade.
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 façade. 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 windows:
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a. Mirrored glass is prohibited.
Figure 38.530.050.C.
Acceptable and unacceptable window design examples.
C. 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 façade articulation, a sculptural architectural
element, or other elements that meet the intent of the standards. Figure 38.530.050.D below illustrates
acceptable examples.
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Figure 38.530.050.D.
Acceptable high visibility street corner/gateway site examples.
Figure 38.530.050.D.
Acceptable high visibility street corner/gateway site examples.
D. Active Solar Collection Units (electronic and hydronic) are permitted.
E. Articulated building entries. Primary building entrance(s) must be clearly defined and scaled proportionally to
the building. See Figure 38.530.050.F below for examples.
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Figure 38.530.050.F.
Acceptable building entry examples.
F. Departures to building detail standards will be considered if they are determined to meet the intent of the
standards in section 38.530.050, Building Details.
Sec. 38.530.060. Building materials.
A. Intent.
1. 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 façades 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, 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:
(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;
(d) or utilizing sealers or painted treatments that enhance the finish of natural
concrete block. Industrial zoning districts are exempt from subsection C.
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Figure 38.530.060.C.1.
Acceptable concrete block use/design.
2. 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 38.530.060.C.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 percent of the total façade 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
percent of the total façade 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 façade composition
meets the intent of the standards.
Figure 38.530.060.C.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 façade details that add visual interest from
the ground level and adjacent buildings. Departures will be considered provided the material's
integration and overall façade composition meets the intent of the standards.
D. Departures to building materials standards will be considered if they are determined to meet the intent of
38.530.060, Building Materials.
Sec. 38.530.070. Blank wall treatments.
A. Intent.
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1. To avoid untreated blank walls.
2. To retain and enhance the character of Bozeman's streetscapes.
B. Blank wall definition. A wall (including building façades and retaining walls) is considered a blank wall if it is
over ten feet in height, has a horizontal length greater than 15 feet, and does not include a transparent
window or door.
Figure 38.530.070.B.
Blank wall definition.
C. Untreated blank walls visible from a public street, pedestrian-oriented space, common usable open space, or
pedestrian pathway are prohibited. Methods to treat blank walls may include:
1. Display windows with at least 16 inches of depth to allow for changeable displays. Tack on display
cases do not qualify as a blank wall treatment.
2. Landscape planting bed at least five feet wide or a raised planter bed at least two feet high and three feet wide in front of the wall with planting materials that are sufficient to obscure or screen at least 60
percent of the wall's surface within three years.
3. Installing a vertical trellis in front of the wall with climbing vines or plant materials.
4. Installing a mural as approved by the review authority.
5. Special building detailing that adds visual interest at a pedestrian scale. Such detailing must use a
variety of surfaces; monotonous designs will not meet the purpose of the standards.
For large visible blank walls, a variety of treatments may be required to meet the intent of the standards.
Departures to the provisions in this section will be considered, provided the design whole façade and applicable
blank wall treatment methods meet the intent of the standards.
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Figure 38.530.070.C.
Acceptable and unacceptable blank wall treatments. Note in the far right example, the display cases don't
meet the 16" depth requirement, nor does the design meet the intent of the standards.
DIVISION 38.540. PARKING
Sec. 38.540.010. General provisions.
A. Parking is one part of the overall multimodal transportation system. Individual choice of travel mode and
development characteristics influence the need for parking. The purpose of this division 38.540 in requiring
parking spaces 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. Some sites, such as those that are located in close proximity to
transit, have good access to pedestrian facilities or have off-set peak uses may require less on-site parking.
The purpose of these standards is to provide functional parking areas adequate to the needs of users, create
shaded areas within parking lots, reduce glare and heat build-up, reduce stormwater surges, provide visual
relief within paved parking areas, emphasize circulation patterns, 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 other vehicular use areas) and enhance the visual environment. The provisions of this division are also intended to help protect the public
health, safety, and general welfare by: helping avoid and mitigate traffic congestion; encouraging multimodal
transportation options and enhanced pedestrian safety; 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; encouraging paving or alternate means of surfacing of parking areas in order
to address dust abatement and improve air quality; and providing flexible methods of responding to the
transportation and access demands of various land uses in different areas of the city. In achieving these
purposes this division interacts with the requirements of division 38.550 of this chapter. 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.
1. Floor area.
a. The term "floor area," for the purpose of calculating the number of off-street parking spaces
required, means 85 percent of the gross floor area, as defined in section 38.700.070 of this
chapter. However, at the election of the property owner, floor area means the gross floor area,
as defined in section 38.700.080 of this chapter, minus the following:
(1) Window display areas;
(2) Storage areas;
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(3) Areas used for incidental repair of equipment used or sold on the premises;
(4) Areas occupied by toilets and restrooms, kitchens or break rooms;
(5) Areas occupied by public utility facilities;
(6) Areas occupied by dressing rooms, fitting or alteration rooms incidental to the sale of
clothing;
(7) Areas occupied by stairways and elevators;
(8) Corridors connecting rooms or suites of rooms; and
(9) Enclosed areas used for parking vehicles.
Such election must be made in writing to the community development director, must be signed and
acknowledged by the owner, and must be filed with the community development director prior to the
issuance of a building permit for such building. The owner is also responsible for certifying other
information upon which parking requirements may be based, such as seats, and the number of
employees on maximum working shift.
b. Where applicable, the number of spaces required in section 38.540.050 will be the total of the
spaces required for the component activities of certain uses, each calculated separately.
2. Change of use or occupancy of buildings. With any change of use or occupancy of any building or
buildings an occupancy permit is required. When the change in use or occupancy requires more than a
ten percent cumulative increase in parking over that required with the initial building construction, an
occupancy permit may not be issued until such additional parking spaces, in the amount required by
this chapter, are provided for.
3. Improvement schedule. All parking area improvements to include surfacing, drainage, walkways,
lighting, landscaping, irrigation, screening, traffic control, etc., must be installed according to the
provisions of division 38.270 of this chapter.
4. Stacking of off-street parking spaces. Required parking spaces must be located so as to preclude
stacking of off-street parking spaces, with the exception of single-household dwellings and individual
townhouse, rowhouse, and multi-household units, and two unit structures with physically separated
individual drive aisles. Physical separation is provided when at least one of these options are employed:
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 divides the garage entrance.
Generally, not more than two cars may be stacked. When stacking is allowed, not more than two
vehicles may be stacked within an enclosed parking area.
5. No parking permitted in required front or side setbacks. Required parking spaces may not be located in
any required front or side setback, except that detached single-household dwellings and townhouses,
and two unit structures with physically separated individual drive aisles, may have one space located
within a driveway area in the required front setback for each parking space located directly in front of
the driveway area and outside of the required front setback.
6. Parking is permitted within required rear setbacks.
(Ord. No. 2155, § 32, 5-14-2024)
Sec. 38.540.020. Stall, aisle and driveway design.
A. Parking dimensions. The following are minimum parking space dimensions:
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Table 38.540.020
Dimensions of Parking Spaces and Modules
Parking Angle Stall Length (A) Stall Width (B) Projection (C) Parking Aisle One-
Way/Two-
Way (D)
Module One-Way/Two-
Way (E)
Interlock Reduction (F)
Standard Parking Space—Surface and structured parking facilities
30° 18' 9' 16.79' 13'/21' 44.58'/51.58' 2'
45° 18' 9' 19.09' 13'/21' 51.18'/58.18' 2'
60° 18' 9' 20.09' 16'/21' 56.18'/61.18' 1'-6"
75° 18' 9' 19.72' 16'/21' 55.44'/60.44' 1'
90° 18' 9' 18.0' —/24' —/60.0' —
Compact Parking Space—Surface and structured parking facilities
30° 16' 8' 15.79' 13'/21' 42.58'/49.58' 2'
45° 16' 8' 17.69' 13'/21' 48.38'/55.38' 2'
60° 16' 8' 18.36' 16'/21' 52.72'/52.72' 1'-6"
75° 16' 8' 17.78' 16'/21' 51.56'/56.56' 1'
90° 16' 8' 18.0' —/24' —/56.0' —
Individual Residential Garage Dimensional Standards—Subject to 38.540.010.A.4
Number of
Stalls
Stall Length
(A)
Stall Width
(B)
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 the stalls
Notes:
1 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 percent of the provided parking spaces may be reduced in
size for small cars, provided these spaces must be clearly identified with a sign permanently affixed immediately in
front of each space containing the notation, "Compacts Only." Where feasible, all small car spaces must be located
in one or more contiguous areas and/or adjacent to ingress and egress points within parking facilities. Location of
compact car parking spaces must not create traffic congestion or impede traffic flows.
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Figure 38.540.020 A.
Parking stall dimensions.
Figure 38.540.020 B.
Parking aisles from Table 38.540.020.
B. Within structures. The off-street parking requirements may be furnished by providing spaces so designated
within the principal building or accessory parking structure. However, no building permit may be used to
convert the parking structures into a dwelling unit or living area or other activity until other adequate
provisions are made to comply with the required off-street parking provisions of this chapter.
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C. Circulation between bays. Except in the case of one to four-household 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.
D. Backing requirements. All required parking must have adequate back-up maneuverability as specified in
Table 38.540.020. The aisle width calculation may incorporate the width of the public right-of-way. Except in
the case of one- to four-household dwellings and individual townhouse/rowhouse-style units with individual
garages, parking area design which requires backing into the public street is prohibited. With the exception
of residential development, parking area design which requires backing into the public alley is prohibited. An
exception to the prohibition to backing into the alley by non-residential 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.
E. 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.
Figure 38.540.020 C.
Parallel parking layout.
F. Surfacing. Except for one-household development on individual lots, all areas intended to be utilized for
permanent parking space and drive aisles must control dust and drainage. All proposed parking areas and
driveway improvements must require a grading and drainage plan approved by the review authority. Areas
must be paved with concrete or asphaltic concrete or approved pavers; an alternative surfacing method such
as pervious pavement may be used, subject to review and approval by the review authority. Surfacing
methods which minimize stormwater runoff and provide for functional parking and circulation are
encouraged.
1. However, paving is not required for uses in the R-S zoning districts when all of the following
circumstances exist:
a. The use is required to provide fewer than 15 parking spaces and no loading spaces under the
provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or road; and
c. The applicant must enter into an improvements agreement with the city agreeing that the lot
must be paved within nine months of the time an adjacent roadway is paved.
G. Striping. All parking stalls must be marked with white or yellow painted lines not less than four inches wide,
except for one- to four-household dwellings and individual townhouse/rowhouse units. An exception to this
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requirement may be approved by the city when the striping would otherwise be applied to an area that does
not have a permanent and durable wearing surface.
H. Lighting. Any lighting used to illuminate an off-street parking area must comply with the lighting standards of
division 38.570.
I. 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 the requirements of division 38.560 of this chapter.
J. 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 one- to
four-household dwellings. Continuous concrete curbing must be built according to standards provided
by the review authority. Unless otherwise approved, the perimeter curb must be six-inch by six-inch
concrete.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous concrete curbing in
front of parking spaces which front on the perimeter of the parking lot. However, continuous concrete
curbing as described above must be provided in all situations where deemed necessary by the review
authority to control drainage and soil erosion.
3. Alternative perimeter treatment may be permitted subject to the approval of the city engineer.
4. Requirements for perimeter curbing do not preclude shared access between adjacent parking lots.
K. Protruding vehicles. All on-site parking stalls which abut property lines must be designed and constructed
such that parked vehicles do not protrude over property lines.
L. 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.
Figure 38.540.020 D.
Curb stops.
M. Snow removal storage areas. Snow removal storage areas must be provided sufficient to store snow
accumulation on site. Such areas may not cause unsafe ingress/egress to the parking areas, may not cause
snow to be deposited on public rights-of-way, may not include areas provided for required parking access
and spaces, and may not be placed in such a manner as to damage landscaping. All snow removal storage
areas must be located and designed such that the resultant stormwater runoff is directed into landscaped
retention/detention and water quality improvement facilities as required by the engineering department, or
in compliance with the storm drainage provisions of chapter 40 article 4, and/or best practices manual.
N. 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
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summary shows that fewer spaces may be required. These spaces may not in any manner inhibit on-site or
off-site vehicular circulation.
O. Ownership/leasehold. Required parking lots must be owned or leased by the owner or lessee of the building
or use being served by such parking. Such parking lots 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 such
building or use.
P. Stormwater drainage. Stormwater drainage from parking lots must be directed into landscaped
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.
Q. Mechanical automobile lifts. Mechanical automobile lifts may be used to meet required parking when the
mechanical automobile lift design allows for access to a specific car on demand. Parking spaces within the lift
may be counted towards the required parking requirement. The mechanical automobile lift must be fully
enclosed in a structure.
(Ord. No. 2014, § 11, 6-3-2019; Ord. No. 2124, § 30, 10-18-2022)
Sec. 38.540.030. Reserved.
Editor's note(s)—Ord. No. 2014, § 12, adopted June 3, 2019, renumbered the former section 38.540.030 as
subsection 38.510.030.M. The former section 38.540.030 pertained to structured parking facility
development standards.
Sec. 38.540.040. Maintenance of parking areas.
A. 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.
1. Use of required parking areas for parking only. Required off-street parking spaces in any district may
not be utilized for open storage, sale or rental of goods, or storage of inoperable vehicles, except when
permitted as a temporary use.
2. Parking spaces identified and maintained. All residential occupancies must provide required off-street
parking spaces. 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 section 38.540.050.
(Ord. No. 2155, § 33, 5-14-2024)
Sec. 38.540.050. Number of parking spaces required.
A. The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles must be
provided and maintained by ownership, easement and/or lease for and during the life of the respective uses
hereinafter set forth. When calculation of the required parking results in a fraction of a parking space being
required, the fractional space is not required to be provided.
1. Residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-1 must be provided
subject to the adjustments allowed in this subsection 1. Parking stalls required pursuant to the
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Americans with Disabilities Act or other similar federal or state law may be provided from the
minimum number of required parking stalls. All site plans submitted for permit purposes must
identify parking space allocations. Fees may be charged by the landowner for the use of required
parking spaces.
(1) 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 may not be considered to be available for
the purpose of on-street parking space.
Table 38.540.050-1
Dwelling Types Parking Spaces Required per Dwelling
Lodging house 0.75 spaces per person of approved capacity
Efficiency unit 1
One-bedroom 1
Two-bedroom or more 2 (1.75 in R-5)
Group homes and community residential facilities 0.75 spaces per person of approved capacity
Bed and breakfast 1 space/rental unit
All types of dwellings within the B-3 district 1
Group living /cooperative
household/fraternity/sorority
1 space per resident
Transitional and emergency housing 0.25 spaces per person of approved capacity
Additional services and facilities to serve non-
residents must provide parking in accordance with
Table 38.540.050-3.
A transitional and emergency housing facility, group home, 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.
b. Adjustments to minimum requirements.
(1) Affordable dwellings. When calculating the amount of required parking for affordable
dwellings, as defined in section 38.700.020, if the project is subject to an approved
affordable housing plan, then required parking spaces must be provided pursuant to
division 38.380.
(2) Residential uses in mixed-use projects. In order to utilize this section, the long term
availability of the non-residential parking spaces upon which the use of this section was
based must be ensured to the residents of the project. 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. Residences in mixed-use
buildings may count on-street parking per subsection 1.a.(1) of this section even if the area
is subject to occupancy time limits. The use of this section does not preclude the use of
other sections of this chapter which may have the effect of reducing the required amount
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of parking. When calculating the amount of required parking for residential uses within a
mixed-use project the amount of parking may be reduced subject to Table 38.540.050-2.
Table 38.540.050-2
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
(3) A car-sharing agreement meeting the criteria established by the community development
director may be used to meet the required number of parking spaces. To use this option
the development must have more than five dwelling units. Each vehicle provided through a
car sharing agreement counts as required parking at a ratio of one dedicated car-share
space to five standard spaces, up to a maximum of 50 percent of the total required
residential parking.
(4) Transit availability. A residential development subject to site plan review may take a ten
percent reduction in required parking spaces where the development is within 800 feet of
a developed and serviced transit stop. For the purpose of this subsection a transit stop is
eligible when it has a shelter installed which meets the standards of and is approved by the
transit provider, and service is provided on not less than an hourly schedule a minimum of
five days per week.
2. Non-residential uses.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-3 must be provided
subject to the adjustments allowed by this division 38.540. Spaces are not required to be
provided free to the user. The required number of disabled parking stalls required by the
Americans with Disabilities Act Accessibility Guidelines (ADAAG) may be provided from the
minimum number of required parking stalls. Accessible spaces count towards satisfying minimum
parking requirements. All site plans submitted for permit purposes must identify parking space allocations. When a use is not included in Table 38.540.050-2, the review authority will
determine the appropriate classification for the purpose of required parking.
b. Maximum parking. Provision of parking spaces in excess of 125 percent of the minimum number
of spaces required for the net floor area in this subsection 2 is not permitted.
Table 38.540.050-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus 1 space per 20 outdoor vehicle
display spaces
Automobile service
and/or repair station
2 spaces per service stall, but no less than 4 spaces
Automobile washing
establishment
Automatic
drive-through
3 spaces or 1 for each employee on maximum shift; plus stacking space
Self-service 2 spaces per stall not including washing or drying spaces
Bank, financial
institutions
1 space per 300 square feet of floor area
Bowling alley 2 spaces per lane; plus 2 spaces per billiard table; plus
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Church 1 space per six persons of maximum occupancy load (as identified in the International
Building Code) for main assembly hall, public assembly areas and classrooms
Community or
recreation center
1 space per 200 square feet of floor area
Community residential
facility with more than
9 residents or age
restricted housing
1 space per unit
Health and exercise
establishment
1 space per 200 square feet of floor area; plus 3 spaces per court
Day care centers 1 space per staff member plus 1 space per 15 children permitted
Furniture stores over
20,000 square feet
3 spaces per 1,000 square feet of floor area
Golf courses 1 space per 200 square feet of main building floor area; plus 1 space for every 2
practice tees in driving range; plus 4 spaces per each green in the playing area
Hospitals 1 space per bed.
Medical and dental
offices
4 spaces for each full-time equivalent doctor or dentist; plus 1 space for each full-time
equivalent employee
Manufacturing and
industrial uses
1 space per 1,000 square feet of floor area, plus 1 space per 2 employees on maximum
working shift
Motels, Hotels 1.1 spaces per each guest room; plus 1 space per employee on maximum shift; plus
spaces for accessory uses as follows:
Restaurants, bars,
dining rooms
1 space per 60 square feet of indoor public serving area; plus 1 space per 120 square
feet of outdoor (patio) area
Commercial area 1 space per each 400 square feet of floor area
Public assembly
areas
1 space for each 5 seats based upon design capacity, except that total off-street
parking for public assembly may be reduced by 1 space for every 4 guest rooms
Nursing homes, rest
homes or similar uses
4 spaces; plus 1 space for each 3 beds; plus 1 space for each employee on maximum
shift
Offices (except
medical and dental)
1 space per 250 square feet of floor area
Outdoor sales (plant
nurseries, building
materials, equipment
rental and similar)
1 space per 500 square feet of sales and/or display area. The size of the sales and/or
display area will be determined on a case-by-case basis.
Restaurants, cafes,
bars and similar uses
1 space per 50 square feet of indoor public serving area; plus 1 space per 100 square
feet of outdoor (patio) area
Retail store and
service establishments
1 space per 300 square feet of floor area
Sales sites; model
homes
1 space per 250 square feet of model floor areas; plus 1 space per employee
Schools
Elementary and/or
junior high
1.5 spaces for each classroom, library, lecture hall and cafeteria; plus 1 space for each
3 fixed seats in the area of public assembly, or 1 space for each 25 square feet of area
available for public assembly if fixed seats are not provided
Senior high 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students; plus 1
space for each nonteaching employee; plus 1 space per each 3 fixed seats in the area
of public assembly, or 1 space per 25 square feet of area available for public assembly
if fixed seats are not provided
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Business or similar
school
1 space for each 1.5 students
Theater, auditorium or
similar
1 space per 4 seats based upon place of assembly design capacity
Warehousing, storage
or handling of bulk
goods
1 space per 1,000 square feet of floor area devoted to storage of goods; plus
appropriate spaces to support accessory office or retail sales facilities at 1 space per
350 square feet of floor area
c. Adjustments to minimum requirements. To implement the city's adopted growth policy,
adjustment of parking requirements within certain areas of the city is desired. Use of this section
may not be considered as joint use of parking or off-site parking regulated by sections 38.540.060
and 38.540.070, nor does the use of this section preclude the use of other sections of this
chapter which may have the effect of reducing the required amount of on-site parking. More
than one adjustment may apply. Multiple adjustments are added together to modify the
minimum required parking from Table 38.540.050-3 in a single operation. Multiple adjustments
are not applied sequentially.
(1) Neighborhood commercial. Within the B-1 and R-O zoning districts implementing a small
scale Community Commercial Mixed Use growth policy designation or the B-3 zoning
district, the parking requirements for non-residential uses may be reduced.
Table 38.540.050-4
Use Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All others 30 percent
(2) Community commercial and residential emphasis mixed use. Within zoning districts lying
within a commercial node, as defined in section 38.700.040 of this chapter, and the REMU
district the parking requirements for non-residential uses may be reduced.
Table 38.540.050-5
Use Allowable Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
All others 10 percent
(3) Transit availability. Required parking may be reduced by ten percent in circumstances
where the development is within 800 feet of a developed and serviced transit stop. For the
purpose of this subsection a transit stop is eligible when it has publicly available cover from
weather approved by the transit provider to be equivalent to a transit shelter, and service
is provided on not less than an hourly schedule a minimum of five days per week.
(4) Structured parking. An additional 15 percent reduction may be taken when the site is
within 800 feet of a parking structure of at least 200 spaces, which is available to the
general public, and for which a fee for parking is charged.
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(5) The first 3,000 gross square feet of a non-residential building within the B-3 district or
adjacent to designated storefront block frontage per section 38.500.010 is not included in
the calculation of required parking.
(6) Property owners' have the option of requesting the reduction of up to ten percent of the
required parking spaces for non-residential uses if:
a. In addition to the minimum otherwise required by this chapter, two covered
bicycle parking spaces are provided for each automobile space not provided;
and
b. For each ten or fraction of ten automobile parking stalls reduced, a non-
residential shower, changing area, and five clothing lockers are provided on-
site.
3. Exceptions to these parking requirements. Because some situations (i.e., existing lots which have no
landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an alternative to
the required maximum parking areas; because the community's appearance could benefit from
additional landscaping, streetscaping and sculptural elements; and because parking exceptions and/or
landscaping would encourage development within existing city boundaries; the following alternatives
may be permitted. These alternatives may be proposed by the developer for review by the ADR staff.
Such proposals may be approved based on a determination that such alternatives meet the following
requirements and will not create a congested on-street parking situation in the vicinity of the proposal:
a. Landscaping in lieu of parking. Except in the B-3 district, property owners' have the option of
requesting the deletion of up to five required spaces or ten percent of the required parking
spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping is installed on
the property for each space so deleted. This does not decrease the amount of landscaping that
would have been required with full parking, but is in addition to such landscaping. This option
must be approved by the ADR staff. These improvements must be placed in the public right-of-
way or setbacks directly facing the right-of-way.
b. Cash-in-lieu modifications to parking requirements in B-3 district. Where all or part of the required parking spaces cannot be provided for a proposed use in the B-3 District, either through
ownership or lease of the necessary land, the petitioner may satisfy the parking requirements by
providing an equivalent cash-in-lieu payment according to the following provisions:
(1) No building permit must be issued, nor must any use of property be initiated, unless a
satisfactory cash-in-lieu payment is received by the department of administrative services;
(2) The parking commission must review and consider all requests for cash-in-lieu payments
and furnish a written and dated certificate, signed by the parking commission chair,
authorizing cash-in-lieu payments. A copy of this certificate must be presented to the chief
building official and community development director before a building permit is issued or
the use instituted;
(3) For each required parking space not provided, payment must be made to the city
administrative services department as specified by standard payment requirements
established by the parking commission;
(4) All real property assessed by special improvement district (SID) No. 565, or other similarly
adopted improvement districts designed to provide additional parking spaces within the B-
3 district, will not be required to provide additional parking spaces beyond those required
at the time of the SID adoption, provided the use of the real property and improvements
remains unchanged from the initial assessments of SID No. 565, or other similarly adopted
improvement districts;
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(a) In the event that a new use or an expansion is initiated on any portion of real
property or improvements are made subsequent to the assessments for SID No.
565 or other similarly adopted improvement districts, then parking space
requirements must be satisfied prior to initiation of those new or expanded
uses.
4. Bicycle parking required. All site development, exclusive of those qualifying for sketch plan review per
division 38.230 of this chapter, must provide bicycle parking facilities to accommodate bicycle-riding
residents and/or employees and customers of the proposed development. The number of bicycle
parking spaces must be at least ten percent of the number of automobile parking stalls required by
Tables 38.540.050-1 and 38.540.050-3 before the use of any special exception or modification, but
must in no case be less than two.
a. Required 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. Installation of bicycle parking must allow for
adequate clearance for bicycles and their riders.
b. Bicycle parking may be provided in a common area to serve multiple buildings. The common area
must be within 100 feet of each served building.
c. Covered bicycle parking is encouraged.
d. Bicycle parking is permitted in required front or rear setbacks. Covered parking may be
integrated with required weather protection features. Alternate designs will be considered by the
review authority provided the alternate design meets or exceeds the intent of this standard
5. Bicycle parking standards. The intent of this sub section is to ensure required bicycle racks are designed
so bicycles may be securely locked to them without undue inconvenience and will be reasonably
safeguarded from accidental damage.
a. Bicycle 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
bike.
(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 bikes with no kickstand.
(7) Be usable by bikes with water bottle cages.
(8) Be usable by a wide variety of sizes and types of bicycle.
b. Preferred bike 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.
c. Bicycle parking location:
(1) Bicycle parking must be located within 50 feet on an entrance to the building the bicycle
parking is required to serve.
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(2) Covered bicycle parking is recommended wherever possible.
(3) Bicycle parking may be provided within a building, but the location must be easily
accessible.
(4) Up to 50 percent or 12 spaces, whichever is less, of required bicycle parking may be located
in a required setback(s). Parking area may not interfere with any functional aspect of the
site including stormwater facilities, pedestrian circulation, landscaping requirements, etc.
(5) Bicycle parking may be located in required front setbacks, but may not occupy more than
one-quarter of the total area of a required front setback on an individual street frontage.
Departures will be considered (per section 38.250.060) for covered bicycle parking or
exceptional design.
(6) Screening with landscaping or other means of bicycle parking is not required.
(7) Bicycle parking is not permitted within a public street ROW unless prior written
authorization is granted by the city engineer for a perpetual encroachment easement.
(8) Bicycle racks and the area required for parking and maneuvering must meet the following
standards:
(a) Bicycle parking spaces must be at least six feet long and two feet wide, and in;
(b) Covered situations the overhead clearance must be at least seven feet.
(c) An aisle for bicycle maneuvering must be provided and maintained beside or
between each row of bicycle parking. This aisle must be at least five feet wide.
(d) Each required bicycle parking space must be accessible without moving another
bicycle.
(e) Areas set aside for bicycle parking must be clearly marked and reserved for
bicycle parking only.
6. B-2M district.
a. Minimum requirements. The number of spaces shown in Table 38.540.050-6 shall be provided
subject to the adjustments and exceptions allowed in this subsection.
b. Maximum parking. Provision of parking spaces in excess of the minimum number of spaces
required in Table 38.540.050-3 is not permitted.
Table 38.540.050-6
Use Minimum Parking Spaces Required Minimum Bicycle Parking Spaces
Required
Residential 1 per unit 1 per unit
Commercial 2 per 1,000 square feet of gross
floor area
1 per 1,000 square feet of gross
floor area
Restaurant 5 per 1,000 square feet of gross
floor area
2.5 per 1,000 square feet of gross
floor area
Hotels, Motels 0.8 per guest room 2 per 5,000 square feet of gross floor area
Arts and/or Entertainment Center 5 per 1,000 square feet of gross
floor area
2.5 per 1,000 square feet of gross
floor area
Manufacturing 2 per 1,000 square feet of gross
floor area
2 per 5,000 square feet of gross
floor area
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c. Adjustments to minimum requirements. No reductions in required parking spaces may be taken
for any development within the B-2M zoning district, except pursuant to 38.540.060, Joint use of
parking facilities.
d. Requirements within the Midtown Urban Renewal District in the B-2M zoning district. The
minimum parking requirements of this section do not apply within the Midtown Urban Renewal
District the boundary of which is described in the Midtown Urban Renewal Plan adopted
pursuant to Ordinance 1925 and incorporated herein. All other requirements of this section,
including bicycle parking, maximum parking and standards when parking is provided, are
applicable.
e. Off-site parking. Any off-site parking used to meet the requirements of this chapter for
development in the B-2M zoning district must comply with 38.540.060, except that off-site
parking for multiple household dwellings may not be located more than 1,000 feet from any
commonly used entrance of the principle use served.
(Ord. No. 1997, § 4, 3-19-2018; Ord. No. 2014, §§ 13, 14, 6-3-2019; Ord. No. 2029, § 10, 12-18-2019; Order No.
2020-02, § 1, 11-17-2020; Ord. No. 2091, § 2, 12-21-2021; Ord. No. 2105, § 15, 9-27-2022; Ord. No. 2025-001, § 3,
2-11-2025)
Sec. 38.540.060. Joint use of parking facilities.
Up to 80 percent of the non-residential parking spaces required by this division 38.540 may be provided
through shared parking, subject to the requirements in subsections A and B of this section.
A. Shared parking may be requested if parking can be provided to serve two or more individual land uses
without conflict or encroachment. The review authority may make a determination for shared parking
arrangements based on a traffic survey or traffic impact study for the site based on the following:
1. At a minimum, a traffic survey or traffic impact 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 as well as meet technical requirements as
specified by the review authority.
2. The parties sharing parking spaces must enter into a long-term joint use agreement revocable
with review authority approval, running with the term of the designated uses.
B. Conditions required for joint use.
1. The building or use for which application is being made to utilize the off-street parking facilities
provided by another building or use must be located within 1,000 feet of such parking facilities as
measured by the route of travel from the nearest parking space to the commonly used entrance
of the principal use served;
2. The applicant must show that there is no substantial overlap in the operating hours of the two
buildings or uses for which joint use of off-street parking facilities is proposed; and
3. A properly drawn legal instrument, executed by the parties concerned for joint use of off-street
parking facilities, duly approved as to form and manner of execution by the city attorney, must
be filed with the city clerk and recorded with the county clerk and recorder.
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Sec. 38.540.070. Off-site parking.
A. Any off-site parking used to meet the requirements of this chapter must be reviewed by the community
development director for compliance with this chapter and will be subject to the following conditions:
1. Off-site parking must be developed and maintained in compliance with all requirements and standards
of this chapter;
2. Reasonable continuous pedestrian and vehicle access from off-site parking facilities to the use being
served must be provided;
3. Off-site parking for one-household and two-household dwellings is not permitted;
4. Off-site parking for multiple household dwellings may not be located more than 300 feet from any
commonly used entrance of the principal use served;
5. Off-site parking for non-residential uses may not be located more than 1,000 feet from the entrance of
the principal use. The distance is measured on a pedestrian route of travel such as a sidewalk or city
standard trail from the nearest parking space to the entrance of the principal use served; and
6. Any use which depends upon off-site parking to meet the requirements of this chapter 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.
(Ord. No. 1994, § 8, 3-31-2018)
Sec. 38.540.080. Off-street loading berth requirements.
A. Affected uses. Every hotel/motel with restaurant, conference center, restaurant, department store, freight
terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing establishment, retail
establishment, storage warehouse or wholesale establishment, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of 15,000 square feet or more must
provide off-street truck loading or unloading berths in accordance with the following Table 38.540.080:
1. Any office building 100,000 square feet or larger must have at least one off-street loading berth.
Table 38.540.080
Square Feet of Aggregate Gross Floor Area Devoted to Such Use Number of Berths
15,000 square feet up to and including 40,000 square feet 1
40,001 square feet up to and including 100,000 square feet 2
For each additional 100,000 square feet 1 additional
B. Standards for off-street loading facilities. All off-street loading facilities must conform to the following
standards:
1. The first loading berth must be at least 70 feet in length. Additional berths required must be at least 45
feet in length unless certified by the property owner in writing that additional loading activity will take
place exclusively with small delivery vans, in which case the berth must be at least 25 feet in length. All
loading berths must be at least 12 feet in width and 14 feet in height, exclusive of aisle and
maneuvering space.
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2. 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 zone unless separated
from such zone, except at the accesses, by screening not less than eight feet in height.
3. 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.
4. 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.
5. 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.
6. Bumper rails must be provided at locations where needed for safety or to protect property.
7. No regular repair work or servicing of vehicles may be conducted in a loading area.
8. Off-street loading facilities must be located on the same site with the use for which the berths are
required.
9. If more than one use is located on a site, the number of loading berths provided must be equal to the
sum of the requirements prescribed in this chapter for each use. If more than one use is located on a
site, and the gross floor area of each use is less than the minimum for which loading berths are
required, but the aggregate gross floor area is greater than the minimum for which loading berths are
required, off-street loading berths must be provided as if the aggregate gross floor area were used for
the use requiring the greatest number of loading berths.
10. Off-street loading facilities for a single use will not be considered as providing required off-street
loading facilities for any other use.
11. At the time of initial occupancy, major alterations or enlargement of a site, or of completion of
construction of a structure or of a major alteration or enlargement of a structure, off-street loading
berths subject to the provisions of division 38.270 of this chapter must be provided. The number of
loading berths provided for a major alteration or enlargement of a site or structure must be in addition
to the number existing prior to the alteration or enlargement.
12. Space allocated to any off-street loading berth may not be used to satisfy the space requirements for
any off-street parking facility.
DIVISION 38.550. LANDSCAPING
Sec. 38.550.010. Purpose and intent.
A. 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:
1. 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;
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2. To provide visual buffering between land uses of differing character by placing screening vegetation;
3. To enhance the beauty of the city by expanding and strengthening the urban forest and providing a
diversity of vegetation within the city;
4. To protect the character and stability of residential, business, institutional and industrial areas by
establishing minimum landscaping standards;
5. To preserve the value of land and buildings by protecting and enhancing the aesthetic character of the
community;
6. To conserve energy by providing windbreaks, shade and temperature moderation;
7. To retard the spread of noxious weeds by encouraging a vigorous desirable plant community within the
city;
8. To enhance the appearance of the entryways into the city by providing high-quality landscaping which
complements architecture;
9. To encourage a pleasant and safe environment for pedestrians by placement of boulevard trees and
other interesting visual features; and
10. To achieve the conservation of water by requiring the use of low water demand landscaping and
efficient irrigation.
(Ord. No. 2155, § 34, 5-14-2024)
Sec. 38.550.020. 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 division 38.230 of this chapter;
2. Subdivision development approval pursuant to division 38.240 of this chapter;
3. Planned development zone approval pursuant to division 38.430 of this chapter;
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 38.230.070; 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;
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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.
(Ord. No. 2155, § 35, 5-14-2024)
Sec. 38.550.030. General landscape and irrigation provisions.
A. Landscape and irrigation plans must include the information required by section 38.220.100.
B. Vegetation may only be used to satisfy the requirements of this division 38.550 when it is located on the
same zone lot as the development depicted on the landscape plan.
(Ord. No. 2155, § 36, 5-14-2024)
Sec. 38.550.040. Landscape and irrigation plan review.
The review authority established in division 38.200 must review each landscape and irrigation plan to
determine whether or not it complies with the requirements of this division.
(Ord. No. 2029, § 3, 12-18-2019; Ord. No. 2155, § 37, 5-14-2024)
Sec. 38.550.050. 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 do not apply to parking
areas, provided within a building or parking structure, as defined in section 38.700.150 of this chapter.
2. All surface parking lots on the building site must be landscaped in accordance with this subsection C.2.
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 unless a different width is specified in 38.510.030; 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.
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Figure 38.550.050.C.2.a
Parking lot landscape screening.
b. 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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Figure 38.550.050.C.2.d.
e. 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; and
(3) The minimum width and/or length of any parking lot landscaped area is eight feet. No
landscape area may be less than two feet wide.
(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.
1. All off-street loading spaces are subject to sections 38.520.070 and 38.540.080.B.
D. Street frontage landscaping required.
1. Except in R-S districts, all street rights-of-way contiguous to or within the proposed development site
not used for street pavement, curbs, gutters, sidewalks or drive aisles must be landscaped, as defined
in this chapter, and must include one large canopy tree for each 50 feet of total street frontage
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rounded to the nearest whole number. When this requirement conflicts with other requirements of
this chapter or other portion of this Code the review authority may relax this standard to reach an
optimal balance in public interests.
a. Acceptable large canopy shade 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 V, division 3. The forestry department, in cooperation with the city tree
advisory board, publishes a pamphlet listing acceptable species and proper planting methods.
Prior to planting street trees, a permit from the forestry department is required.
2. Where it may be impractical or difficult to plant large canopy trees within the public right-of-way (due
to the presence of overhead power lines, for instance) the requirement for one large canopy tree for
each 50 feet of street frontage may be substituted with two small ornamental trees per 50 feet of total
street frontage. Acceptable small ornamental trees for use in public rights-of-way are those accepted
by the forestry department.
3. The minimum quantity of trees and other landscaping required and provided in the public right-of-way
as described herein must be designed to complement on-site landscaping and to enhance the
proposed development project and the streetscape.
4. 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.
5. 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 38.550.
5. Plant materials used to satisfy the requirements of this division 38.550 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:
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(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.
c. All other non-turf plantings must meet American Nursery and Landscape Association standards.
6. For purposes of subsection H.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.
Figure 38.550.050.
Dimensions of acceptable landscape materials.
G. Protection of landscape areas.
1. Perimeter parking lot treatment as required in section 38.540.020.J 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.
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.
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c. All other landscaped areas, that do not fall within subsection 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.
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.
K. 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.
L. 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 design
standards and specifications policy. 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.
M. 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 percent 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 (refer to
figure 38.550.050).
3. The review authority may vary the maximum allowable slope of 25 percent 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 percent 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 percent 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.
N. 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 38.550.050-1 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.
Table 38.550.050-1
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
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6 deciduous shrubs
(Ord. No. 2029, § 4, 12-18-2019; Ord. No. 2104, § 22, 9-27-2022; Ord. No. 2155, § 38, 5-14-2024)
Sec. 38.550.060. 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.
(Ord. No. 2155, § 39, 5-14-2024)
Sec. 38.550.070. 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. 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.
a. Prior to installing landscaping in these areas, the developer must submit a landscaping 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 division
38.550.
b. The developer must specify its irrigation water supply source(s).
c. Wells may be used to irrigate landscaping in these areas subject to applicable state law governing
the appropriation of groundwater.
(1) The appropriation and use of groundwater for irrigation of parks and city rights-of-way
takes priority over irrigation of open space and individual lots.
d. The developer must transfer to the city legal ownership of any water rights used for the irrigation
these areas.
e. 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.
(1) 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 section
38.410.060.
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f. 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 section 38.550.050.D.1.
b. Landscaping and irrigation must comply with boulevard and street median requirements outlined
in the most recent version of the City of Bozeman Landscape and Irrigation Performance and
Design Standards Manual.
B. Maintenance responsibility.
1. Maintenance of landscaping installed within the boulevard portion of the public right-of-way, with the
exception of tree trimming and tree removal, is the responsibility of adjacent property owners.
2. The developer must maintain landscaping and irrigation systems for open space until the open space is
transferred to a property owners' association. After a property owners' association assumes
responsibility for the maintenance of landscaping and irrigation systems for open space areas, it may
establish an improvement district to collect assessments to pay for the irrigation and maintenance with
the city's approval.
3. The developer must maintain landscaping and irrigation systems for parklands until the parkland is
accepted by the city. After the city accepts parkland, the city is responsible for maintaining the
landscaping and irrigation systems for the parkland.
C. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same manner described
in this section, provided that the state department of transportation has reviewed and approved the
proposed landscaping plan. Maintenance of landscaping installed within the boulevard portion of the state
right-of-way is the responsibility of adjacent property owners unless a different responsibility is established
by the encroachment permit.
(Ord. No. 2108, § 2, 6-14-2022; Ord. No. 2155, § 40, 5-14-2024)
Sec. 38.550.080. 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 section 38.250.060.
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 intent and purpose of this division 38.550. Upon
such a finding, the review authority may authorize departures of up to 20 percent 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.
(Ord. No. 2155, § 41, 5-14-2024)
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Sec. 38.550.090. Landscape and irrigation completion.
All landscaping and irrigation must be completed or secured in accordance with the provisions of division
38.270 of this chapter. The applicant must demonstrate satisfactory establishment of all seeded areas or
guarantee establishment for a minimum two year period following occupancy.
(Ord. No. 2029, § 5, 12-18-2019; Ord. No. 2155, § 42, 5-14-2024)
Sec. 38.550.100. General maintenance.
A. Required landscaping must be maintained in a healthy, growing condition at all times. The property owner is
responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning and other maintenance of all
plantings as needed. 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 growing condition at
all times may result in revocation of an occupancy permit. 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.
(Ord. No. 2155, § 43, 5-14-2024)
PART II - CODE OF ORDINANCES
Chapter 38 - UNIFIED DEVELOPMENT CODE
ARTICLE 5. - PROJECT DESIGN
DIVISION 38.560. SIGNS
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DIVISION 38.560. SIGNS9
Figure 38.560. Signs.
Sec. 38.560.010. 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.
9State law reference(s)—Information signs, MCA 60-5-501 et seq.
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5. The purposes described in this section are compelling interests and the regulations in this division
38.560 are narrowly tailored to serve those interests while allowing adequate alternative avenues for
speech.
B. Purpose. It is the purpose of this division 38.560 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:
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 38.560 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 38.560 must be interpreted in a manner consistent with the Federal and State Constitution's
guarantee of free speech.
(Order No. 2018-01, § 17, 4-18-2018; Ord. No. 2020, § 1, 6-24-2019)
Editor's note(s)—Ord. No. 2020, § 1, adopted June 24, 2019, amended the title of § 38.560.010 to read as herein
set out. The former § 38.560.010 title pertained to intent and purpose.
Sec. 38.560.020. Sign permit requirements.
If a sign requiring a permit under the provisions of this division 38.560 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 38.560. Murals as defined in section 38.700.120 of this
chapter are not subject to this division 38.560 but may be subject to the provisions of division 38.340 of this
chapter.
Sec. 38.560.030. Prohibited signs.
A. All signs not expressly permitted under this division 38.560, or exempt from the provisions of this division
38.560, are prohibited in the city. Such signs include, but are not limited to:
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1. Portable signs (except as allowed under chapter 34, article 5);
2. Roof signs;
3. Revolving signs, except as permitted in section 38.560.060;
4. Beacons, spotlights;
5. Flashing, blinking, or animated signs;
6. LED or other electronic messaging signs except for incidental signs as defined in section 38.700.100 of
this chapter;
7. Pennants, streamers, wind socks, pinwheels, or similar items;
8. Stringed flags;
9. Inflatable signs and tethered balloons (except as permitted per section 38.560.040);
10. Signs located in public rights-of-way (except for those specifically permitted in this division 38.560);
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 travelling public's view of a traffic or hazard warning
sign or signal.
(Ord. No. 2020, § 2, 6-24-2019)
Sec. 38.560.040. Temporary signs; permit required.
A. Excluding those signs subject to section 38.560.050, temporary signs as defined in 38.700.180 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 38.560.
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.
(Ord. No. 2020, § 3, 6-24-2019)
Editor's note(s)—Ord. No. 2020, § 3, adopted June 24, 2019, repealed the former § 38.560.040, and enacted a new
§ 38.560.040 as set out herein. The former § 38.560.040 pertained to permitted temporary and special event
signs and derived from Ord. No. 1978, § 2(Exh. A), adopted Jan. 4, 2018.
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Sec. 38.560.050. Signs exempt from permit requirements.
A. The following signs are exempt from the permitting requirements of this division 38.560 but must comply
with the criteria for signs allowed by this division 38.560, except section 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:
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 section 38.700.100.
c. Ghost signs. A ghost sign as defined in division 38.700 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 38.560.050 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. The sign may not exceed nine square feet in total area and may be no more than
five feet high.
2. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, REMU [single-household, two- to four-household,
townhouse, and apartments]).
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 nine square feet per individual
sign in total area and, if freestanding, may not exceed five feet in height. A total sign area of not
more than 32 square feet may be displayed at the same time. Such signs are not considered off-
premises advertising so long as the identified business is actively engaged on the site.
3. Commercial and manufacturing zones (R-O, B-1, B-2, B-2M, B-3, UMU, M-1, M-2, BP, PLI, NEHMU,
REMU [mixed-use, non-residential]).
a. Window signs, provided that such signs do not occupy more than 25 percent of the area of the
window in which it is displayed. If the window sign(s) exceeds 25 percent 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.
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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.
(Ord. No. 2020, § 4, 6-24-2019)
Sec. 38.560.060. 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:
Table 38.560.060
Non-Residential Sign Standards
Zoning District B-1 B-2, B-
2M
B-3 UMU M-1 M-2
Maximum sq. ft. area 80 per
building
400 per
lot
250 per
lot
250 per
lot
250 per
lot
250 per
lot
Allowed sq. ft. sign area per
linear foot of building frontage
first 25 feet
1.5 or 21 2 or 31 2 2 or 31 2 or 31 2 or 31
Allowed sq. ft. sign area per
linear foot of building frontage
> 25 feet
1 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 32 32 32 32
Monument max. height 5' 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5' 5'
Pole style max. height Prohibited 13' 13' 13' 13' 13'
Pole style setback Prohibited 15' 15' 15' 15' 15'
Pole style clearance Prohibited 8' 8' 8' 8' 8'
Pole sign max. sq. ft. Prohibited 32 32 32 32 32
Projecting sign max. area 8' 8' 12' 8' 8' 8'
Projecting sign max. distance 4' 4' 6' 4' 4' 4'
Rotating sign max area 2.5 sq. ft. 2.5 sq.
ft.
2.5 sq.
ft.
2.5 sq.
ft.
Prohibited Prohibited
Non-Residential Uses
Zoning District BP PLI HMU REMU RO
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Maximum sq. ft. area 250 per
lot
250 per
lot
250 per
lot
250 per
lot
80 per
building
Allowed sq. ft. sign area per linear
foot of building frontage first 25 feet
2 or 31 2 or 31 2 or 31 2 or 31 1 or 1.251
Allowed sq. ft. sign area per linear
foot of building frontage > 25 feet
1.5 1.5 1.5 1.5 0.5
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 12
Monument max. height 5' 5' 5' 5' 5'
Monument setback 5' 5' 5' 5' 5'
Pole style max. height 13' 13' 13' 13' Prohibited
Pole style setback 15' 15' 15' 15' Prohibited
Pole style clearance 8' 8' 8' 8' Prohibited
Projecting sign max. area 8' 8' 8' 8' 8'
Projecting sign max. distance 4' 4' 4' 4' 4'
Rotating sign max. area Prohibited Prohibited 2.5 sq. ft. Prohibited Prohibited
1 The larger value of the two listed applies when a building is located on a lot such that there is no parking or other vehicular use
area between the building façade and the street right-of-way or between the building façade and a public pedestrian right-of-
way adjacent to a street.
1. A comprehensive sign plan pursuant to section 38.560.080 must be approved prior to installation of
signage for all commercial centers or buildings consisting of two or more tenant spaces on a lot and
must comply with section 38.560.080.
2. Freestanding signs. One freestanding sign may be permitted per zoned lot as defined in section
38.700.070 of this chapter. Signage area used for freestanding signs is counted towards the maximum
allowed signage area.
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. 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 as defined in division 38.700 do not apply toward the maximum square foot signage areas
of Table 38.560.060.
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B. Residential zones (R-S, R-1, R-2, R-3, R-4, R-5, RMH, R-O, REMU). The following on-premises signs may be
permitted in the indicated zones with an approved sign permit:
1. Subdivision and residential complex signs. For residential subdivisions consisting of more than four
residential lots and for residential complexes with more than four dwellings and more than one
building, one low profile, freestanding, sign per development entrance may be permitted. No sign may
exceed 16 square feet in area or five feet in height from the finished grade. The sign must be set back
at least five feet from the property line.
2. Residential building signs. For properties used for multi-household residential, one wall sign per street
frontage may be permitted. No sign may exceed eight square feet in area.
3. Signs appurtenant to residential principal, special uses, and home occupations.
a. Signs not to exceed four square feet in total area may be permitted for principal residential uses
and permitted home occupations; however, such signs may not be located in any required
setback area. In addition, home occupations may be permitted a single one-square foot sign on a
mailbox or lamppost or one and one-half square feet of freestanding signage located a minimum
of five feet from the property line.
b. Principal residential uses may be permitted non-commercial signs if such signs do not exceed 32
square feet in total area nor five feet in height. Such signs must be set back at least five feet from
the property line.
c. Permitted non-residential type uses, such as churches, community centers, veterinary uses, golf
courses, day care centers and schools may be permitted signage as if the underlying zoning were
B-1.
d. Permitted special use residential uses such as homes used as bed and breakfasts and fraternity
and sorority houses may be permitted signage as if the underlying zoning were R-O. Such signs
may be illuminated only during the hours of operation.
4. Legacy planned unit developments. Commercial establishments within planned unit developments
where the underlying zoning is residential may be permitted signage as if the lot were in a B-1 zone.
C. Special districts and zones. The provisions of this division 38.560 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 Municipal Code.
(Ord. No. 2020, § 5, 6-24-2019; Ord. No. 2042, § 1, 9-17-2020; Ord. No. 2104, § 23, 9-27-2022; Ord. No. 2124, § 31,
10-18-2022)
Sec. 38.560.070. 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
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and will only be granted when found to be consistent with the intent of this division 38.560 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. 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.
D. 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 section 38.560.180, 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 division 38.570.
a. 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.
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).
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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. 38.560.080. 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
38.560, 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.
Sec. 38.560.090. Multi-tenant complexes with less than 100,000 square feet of ground floor
area.
A. The guidelines for the underlying zoning districts apply unless otherwise addressed in this section:
1. 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 section
38.560.060.A.2 or section 38.560.060.B.2, unless otherwise allocated in an approved comprehensive
sign plan per section 38.28.070. 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
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allowed a low profile sign that identifies the complex, which conforms to this division 38.560, in
addition to the sign area already permitted under section 38.560.060.A.2 or section 38.560.060.B.2.
Sec. 38.560.100. Multi-tenant complexes with more than 100,000 square feet 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 section 38.560.060.1 or 2.
Sec. 38.560.110. Indoor shopping mall complexes with more than 100,000 square feet 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 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. 38.560.120. 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
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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. 38.560.130. Street vision triangles.
Signs may not be placed in sight vision triangles as they are established in section 38.400.100, unless
specifically authorized in this division 38.560.
Sec. 38.560.140. 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. 38.560.150. 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.
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. Signage within a transit
shelter may not distract drivers of vehicles nor be legible from the driving lanes.
b. Ghost signs: Ghost signs are not considered to be off-premises signage.
Sec. 38.560.160. 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.
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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 section 38.560.180.
(Ord. No. 2020, § 6, 6-24-2019)
Sec. 38.560.170. Historic or culturally significant signs.
Signs which have historical or cultural significance to the city but do not conform to the provisions of this
division 38.560 may be permitted, provided that the city commission adopts findings supporting the historical or
cultural significance of the sign and issues a sign permit. Such findings must be adopted by resolution.
Sec. 38.560.180. Application.
A. 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 38.560
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.
B. Acceptability and adequacy of application.
1. The community development department must review the application for acceptability within five
working days to determine that the application does not omit any of the submittal elements required
by this chapter. If the application does not contain all of the required elements, the application and a
written explanation of what the application is missing must be returned to the property owner or their
representative. The five-working-day review period will be considered met if the letter is dated, signed
and placed in the outgoing mail within the five-day review period.
2. After the application is deemed to contain the required elements and to be acceptable, it will be
reviewed for adequacy. A determination of adequacy means the application contains all of the
required elements in sufficient detail and accuracy to enable the city to make a determination that the
application either does or does not conform to the requirements of this chapter and any other
applicable regulations under the jurisdiction of the city. Determination of adequacy will be made by the
community development department. The adequacy review period begins on the next working day
after the date that the community development department determines the application contains all
the required elements and must be completed within not more than 15-working-days. The 15-working-
day review period will be considered met if the letter is dated, signed and placed in the outgoing mail
within the 15 working day review period. If the application is inadequate, a written explanation of why
the application is inadequate will be returned to the property owner or their representative. Upon a
determination of adequacy the review of the development will be scheduled.
a. In the event the missing information is not received by the city within 15 working days of
notification to the property owner of inadequacy, all application materials will be returned to the
property owner or their representative. Subsequent resubmittal will require payment of a review
fee as if it were a new application.
b. A determination that an application is adequate does not restrict the city from requesting
additional information during the review process.
3. Should the property owner choose not to provide the required information after an application has
been found unacceptable, nor to accept return of the application, the application may be processed by
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the city with the recognition by the property owner that unacceptability is an adequate basis for denial
of the application regardless of other merits of the application.
4. Action.
a. After an application is deemed adequate, the review authority must act to approve or deny the
application within ten working days; or
b. After the application is determined to be adequate for review, if the application includes a
request for a deviation or variance the city will schedule the application to be considered by the
review authority at the next available opportunity that allows for required public notice to be
given; or
c. If the sign application is submitted in conjunction with a site plan or other similar review, then
the review process and final review authority must be coordinated.
5. An applicant may appeal the denial of a permit request pursuant to the provisions of division 38.250 of
this chapter.
Sec. 38.560.190. Maintenance of permitted signs.
A. 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.
1. 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.
Sec. 38.560.200. Nonconforming signs.
A. The intent of this section is to eliminate existing signs that are not in conformity with the provisions of this
division 38.560.
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 38.560 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 38.560. Except as provided for in subsection D of this section, such signs, if nonconforming with this
division 38.560, 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.
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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 38.560. The exceptions listed below do
not apply to off-premises signs.
1. Any site modification reviewed only as a permit type described in section 38.230.060, 38.230.070,
38.230.080, 38.230.150, or 38.230.160.
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. 38.560.210. Substitution.
Any sign allowed under this division 38.560 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 38.560.
(Ord. No. 2020, § 7, 6-24-2019)
Sec. 38.560.220. Severability.
Where any word, phrase, clause, sentence, paragraph, or section or other part of this division 38.560 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.
DIVISION 38.570. LIGHTING
Sec. 38.570.010. Purpose.
The purpose of this section 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. 38.570.020. General.
A. With the exception of street lighting, lighting is not required. If installed, all lighting must comply with the
requirements of this section.
B. Unless otherwise approved through a planned unit development, this section applies to all lighting for
subdivisions, land uses, developments and buildings. In addition, any site modification that requires a
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certificate of appropriateness, site plan review or reuse application will necessitate compliance for all
existing and proposed lighting on the site.
C. The provisions of this section 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
section; and
2. The lighting is otherwise satisfactory and complies with the intent of this section.
Sec. 38.570.030. Street lighting.
Street lighting consists of street lighting and pathway intersection lighting, and must comply with the City of
Bozeman Design Standards and Specifications Policy.
Sec. 38.570.040. Site lighting.
A. Parking lot lighting.
Table 38.570.040-1
Basic1 Security2
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.
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.
B. Building entrances. Illuminance for building entrances (including commercial, industrial, institutional and
municipal) must average 5.0 maintained footcandles.
C. Car dealership lighting.
Table 38.570.040-2
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
Secondary business districts
Adjacent to
roadway
5—10 5:01
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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 38.570.040-3
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 sections 38.570.050 and 38.570.070 of this
division, 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.
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 subsections E and G of 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.
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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.
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.
(1) 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, 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).
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. 38.570.050. 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
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D. Lighting must be extinguished no later than one hour after the event ends.
Sec. 38.570.060. 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. Luminaires (light fixtures). Except as otherwise allowed in 38.570.050 and 38.570.070, all luminaires
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. 38.570.070. 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.
Sec. 38.570.080. 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. 38.570.090. 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. 38.570.100. 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.
Sec. 38.570.110. 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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Figure 38.570.010.
Lighting.
(Ord. No. 2124, § 32, 10-18-2022)
ARTICLE 6. NATURAL RESOURCE PROTECTION
DIVISION 38.600. FLOODPLAIN REGULATIONS10
Sec. 38.600.010. Citation.
A. This division 38.600 is known and may be cited as the city floodplain regulations, except when cited herein,
where it is referred to as "this division".
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.020. Authority.
A. This division is adopted by authority of MCA 76-5-101 et seq.
10Ord. No. 2057, § 1, adopted March 9, 2021, repealed the former Div. 38.600, §§ 38.600.010—38.600.410, and
enacted a new Div. 38.600 as set out herein. The former Div. 38.600 pertained to similar subject matter and
derived from Ord. No. 1978, § 2(Exh. A), adopted Jan. 4, 2018.
State law reference(s)—Floodplain and floodway management, MCA 76-5-101 et seq.
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(Ord. No. 2057, § 1, 3-9-2021)
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 Bozeman Municipal Code (BMC) sections 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.
(Ord. No. 2057, § 1, 3-9-2021)
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;
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 growth policy;
f. Minimizing the need for rescue and relief efforts associated with flooding undertaken at the
expense of the general public;
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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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.050. Land use restrictions.
A. 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 BMC
section 38.410.100, Watercourse setback.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.060. Disclosure provision.
A. All owners of property containing a regulated flood hazard area set forth in BMC section 38.600.110 shall
notify potential buyers or their agents that such property is subject to the provisions of this division.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.070. Abrogation and greater responsibility.
A. 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.
(Ord. No. 2057, § 1, 3-9-2021)
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Sec. 38.600.080. Regulation interpretation.
A. 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.
(Ord. No. 2057, § 1, 3-9-2021)
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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.100. Floodplain administrator.
A. 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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.110. Regulated flood hazard areas.
A. This division applies to all lands within the boundaries of the city that are:
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 BMC
section 38.600.120.A, any alterations made thereto by letters of map change issued by FEMA expressly
listed in the administrative procedures authorized by BMC section 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 BMC section 38.600.160.G.
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3. Identified as containing flood hazards determined by a flood hazard evaluation performed in
accordance with BMC section 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.
(Ord. No. 2057, § 1, 3-9-2021)
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 BMC section 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 BMC section 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.
(Ord. No. 2057, § 1, 3-9-2021)
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 BMC
section 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 in subsection B.1 of this
section, 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 of this section.
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. A property owner who believes their property has been inadvertently included in a regulated flood hazard
area set forth in BMC section 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
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authority of the floodplain administrator from independently determining if a property is subject to flood
hazards pursuant to BMC section 38.600.110.A.4 and the provisions of this division.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.140. Warning and disclaimer of liability.
A. 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.
(Ord. No. 2057, § 1, 3-9-2021)
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 BMC section 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.
a. 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 BMC section 38.600.110 have not been designated or
identified, then, except as provided in subsection B.1 of this section, 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.
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
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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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.160. Administration of regulations.
A. BMC sections 38.410.100 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.
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 onsite inspection of the subject property during regular work hours without advance notice given to the applicant pursuant to
BMC section 38.200.050.
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.
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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 BMC section 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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.170. Subdivision and plan review and approval.
A. Any proposed development occurring under division 38.230 or division 38.240 of lands containing a
regulated flood hazard area set forth in BMC section 38.600.110.A.1 shall satisfy the requirements of this
section and BMC section 38.410.100. 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 subsection B.1 of this section, lots within a platted subdivision shall not contain a
regulated flood hazard area set forth in BMC section 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 BMC section 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 BMC section 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.
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a. The conditional letter of map amendment application is subject to subsection E of this section.
b. The conditional letter of map amendment issued by FEMA shall be provided with the preliminary
plat application or site plan application.
(1) 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 receiving a certificate
of occupancy.
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 of this
section.
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.
(1) A letter of map revision based on fill issued by FEMA subject to subsection F of this section
shall be provided by the development applicant prior to final plat approval or receiving a
certificate of occupancy.
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 BMC section 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 BMC section
38.600.260.C.2 and be provided with the preliminary plat application or site plan
application.
i. A letter of map revision subject to subsection F of this section shall be provided
by the development applicant prior to final plat approval or receiving a
certificate of occupancy.
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 division 38.240;
or
b. Obtaining final site plan approval for development occurring under division 38.230.
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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 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 BMC section 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.
(Ord. No. 2057, § 1, 3-9-2021)
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 BMC section 38.600.130.A;
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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 BMC section 38.600.210.G are satisfied by the design of the proposed use, activity
or artificial obstruction;
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 BMC section 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;
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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;
9. A floodway encroachment analysis and no-rise certification prepared in accordance with BMC section
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.
(Ord. No. 2057, § 1, 3-9-2021)
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 timeframe 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 timeframe.
(Ord. No. 2057, § 1, 3-9-2021)
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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 division 38.220 of this chapter. 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 BMC section 38.600.110.A.1.
(Ord. No. 2057, § 1, 3-9-2021)
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 timeframe 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 BMC section 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 BMC
section 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;
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;
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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 growth policy 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.
(Ord. No. 2057, § 1, 3-9-2021)
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.
D. The permittee shall submit a compliance report to the floodplain administrator within 30 days of project
completion, or other timeframe 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.
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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 BMC section 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.
(Ord. No. 2057, § 1, 3-9-2021)
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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.240. Uses, activities, and artificial obstructions within regulated flood hazard
areas exempt from floodplain permitting, but subject to BMC section 38.410.100.
A. Any use, activity, or artificial obstruction within the regulated flood hazard area established by BMC section
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.
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;
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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.
(Ord. No. 2057, § 1, 3-9-2021)
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;
3. Construction or storage of artificial obstructions subject to flotation or movement during flood level
periods;
4. Solid or hazardous waste disposal systems;
5. Onsite 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:
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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. Onsite 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 chapter 38 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 of this section; and
2. Any use, activity, or artificial obstruction that causes an increase of more than 0.50 feet to the base
flood elevation.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.260. Development requirements for uses, activities, and artificial obstructions
permitted in the regulatory floodway subject to issuance of a floodplain permit and
BMC section 38.410.100.
A. When a site specific exemption or relaxation of the standards of BMC section 38.410.100 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.
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 subsection C.1.a of this section, 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.
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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 subsection C.2.a of 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 BMC section 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:
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:
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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
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 timeframe 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:
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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 of this
section.
M. Stream and bank restoration projects may be permitted, provided that:
1. The intent 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 of this
section.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.270. Development requirements for uses, activities and artificial obstructions
permitted in the flood fringe subject to issuance of a floodplain permit and BMC
section 38.410.100.
A. When a site specific exemption or relaxation of the standards of BMC section 38.41.100 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 BMC section
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:
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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;
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 percent 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;
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b. The building or structure shall be designed to withstand hydrostatic, hydrodynamic, and
buoyancy forces of the base flood;
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 D.9.a of this section, 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
subsections D.6 and D.8 of this section;
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
subsection D.6 of this section;
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;
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;
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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 subsection D.12 of
this section; 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 subsections D.6 and D.7 of this
section.
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
3. Mined or excavated material is stockpiled outside of the regulatory floodway.
G. All other uses, activities and artificial obstructions not otherwise prohibited by BMC section 38.600.250.B or
any other provision of chapter 38 may be permitted in the flood fringe subject to issuance of a floodplain
permit.
(Ord. No. 2057, § 1, 3-9-2021)
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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.
(Ord. No. 2057, § 1, 3-9-2021)
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
division 38.250 of this chapter. 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.
B. In addition to submittal materials for variances set forth in BMC section 38.220.160, 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 BMC section 38.600.190, and be noticed publicly
pursuant to Table 38.220.420.
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
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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.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.300. Appeals.
A. Appeals from administrative project decisions or administrative interpretations made under this division may
be taken as set forth in division 38.250 of this chapter. Appeal submittal materials applicable under division
38.220 shall be provided.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.310. Enforcement.
A. It is the intent 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.
1. 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.
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 BMC
section 38.600.300.
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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 BMC
sections 38.200.160 and 1.01.210.
(Ord. No. 2057, § 1, 3-9-2021)
Sec. 38.600.320. Penalty.
A. Violation of the provisions of this division or failure to comply with the requirements of a floodplain permit
are subject to the provisions of BMC sections 38.200.160 and 1.01.210.
(Ord. No. 2057, § 1, 3-9-2021)
DIVISION 38.610. WETLAND REGULATIONS
Sec. 38.610.010. Title and applicability.
These regulations are known as the city wetland regulations and may be cited as the wetlands regulations.
These wetland regulations govern areas in compliance with the 1987 U.S. Army Corps of Engineers Wetland
Delineation Manual of the U.S. (1987 Corps Manual), or the most current wetland delineation manual sanctioned
by the Army Corps of Engineers (ACOE)-Omaha District. This manual provides specific guidelines and methods to
identify whether an area is a wetland and to determine the boundary between wetlands and uplands. The city's
wetland regulations will pertain to wetlands with a direct hydrologic connection to "waters of the U.S." (those
wetlands that connect to a federally-regulated stream or river directly or via a series or watercourse, wetlands or
ditches), and also to isolated wetlands with no direct connection to a water of the U.S. and exhibit positive wetland
indicators for all three wetland parameters. The provisions contained in these regulations do not apply to wetlands
created by a wholly manmade water source used for irrigation purposes or stormwater control.
Sec. 38.610.020. Intent and purpose.
A. Wetlands perform many important ecological functions. It is the intent and purpose of this division 38.610 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 waste);
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands provide important values that enhance the quality of life of community residents. It is the intent of
this division 38.610 to protect, preserve and enhance wetlands to provide:
1. Habitat for fish, wildlife and plants (including endangered and threatened);
2. Recreation;
3. Open space;
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4. Visual and aesthetic;
5. Education and research; and
6. Historical, cultural and archaeological resources.
C. Wetlands can present significant constraints to development. Wetlands typically form in areas characterized
by poor drainage conditions which are ill-suited for most types of development. Development in these areas
often involves extra expense resulting from considerations for site drainage, flood protection and facility
maintenance. In addition, wetlands are characterized by hydric soils that are unstable for most types of
development. Hydric soils tend to compress under the weight of structures and decompose when drained.
Therefore, costs of development may be greater due to complex engineering design requirements, or the
need to excavate and replace the soils. It is the intent of these regulations to protect public and private
facilities and structures from damage, and to minimize public and private development and maintenance
costs.
D. It is not the intent of this division 38.610 to prohibit all activities within regulated areas and associated
buffers, but rather to encourage the avoidance of regulated activities within the regulated areas and to
require best management practices in regulated areas.
E. Nothing in this division 38.610 will be construed to prevent irrigation companies from diverting and carrying
water under historic water rights or owners of such rights from exercising those historic rights.
F. Nothing in this division 38.610 will be construed to prevent compliance with applicable state or federal
statutes and regulations.
Sec. 38.610.030. Application of wetland regulations.
A. These regulations apply to any regulated activity which may impact wetlands as defined in section 38.700
known prior to or discovered through the development review process, and verified through a site-specific
wetlands boundary determination. When any regulated activity is proposed a wetlands boundary
determination must be conducted. If the determination finds that there are no wetlands present on the
subject tract, these regulations do not apply. If, however, wetlands are found on the subject tract the
proposal is subject to these regulations. The provisions of this division 38.610 will be applied in addition to
any other applicable regulations of this chapter.
1. The wetlands boundary determination must be prepared in accordance with the 1987 U.S. Army Corps
of Engineers Wetland Delineation Manual of the U.S. (1987 Corps Manual), or the most current wetland delineation manual sanctioned by the Army Corps of Engineers (ACOE)-Omaha District by a
qualified wetland professional.
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, and/or a professional wetland scientist certification.
B. Isolated wetlands with a size of less than 400 square feet, regardless of property boundaries, are exempt
from this division 38.610 unless the wetland provides habitat for the following species:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and
Wildlife Service; and/or
2. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or
species on review by the state department of fish, wildlife and parks and the state natural heritage
program.
C. Any development for which the watercourse setback requirements of section 38.410.100 are provided is
considered to have addressed the concerns of this division 38.610 and is exempt from this article.
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D. This division 38.610 is not intended to repeal, abrogate, supersede or impair any existing federal, state, or
local law, easement, covenant or deed restriction. However, if this division imposes greater or more
stringent restrictions, the provisions of this division must prevail. Specifically, if a regulated activity pursuant
to this division also requires authorization under section 404 of the Clean Water Act from the U.S. Army
Corps of Engineers, the applicant must meet any greater or more stringent restrictions set forth in this
division in addition to and independent of the restrictions of such permit.
Sec. 38.610.040. Wetlands review board powers and duties.
A. If established, the WRB has the powers and duties established in 2.05.2900.
Sec. 38.610.050. Wetlands determinations.
A. Wetland boundary determinations must be performed in accordance with the procedures specified in the
Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1987).
B. An electronic and printed document containing the wetland boundary determination and raw survey data (if
applicable) must be provided per part 1 of division 38.220. The data must be reported in UTM Zone 12
coordinates and NAD83 datum.
Sec. 38.610.060. Regulated activities.
A. No person may conduct any of the following regulated activities within a wetland, as described in section
38.610.030, without first having the proposed activity approved by the review authority. Any activity which
reduces the size of a wetland or reduces the degree to which a wetland performs any function is subject to
the requirements of this division 38.610. Such activities include but are not limited to:
1. Placement of any material, including without limitation 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 without limitation 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 in a wetland;
5. Alteration of the water level or water table by any means, including without limitation 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 without limitation grading and alteration of existing
topography.
B. The following activities are permissible in a wetland, without prior approval by the review authority, if such
activity does not reduce the size of a wetland or significantly reduce the degree to which a wetland performs
any function. Such activity must be in compliance with any other applicable state or federal law. Activities
permissible without prior approval include:
1. Maintenance of an existing and lawful public or private road, structure or facility, including but not
limited to drainage facilities, water conveyance structures, dams, fences or 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;
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2. Maintenance of an existing farm or stock pond, water conveyance structure, agricultural fence or
drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan approved by the
county weed control district;
4. Continuation of existing agricultural practices such as the cultivation and harvesting of hay or pasturing
of livestock, or 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, rafting 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
established 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, including but not limited to
removal of debris and maintenance of vegetation and wildlife habitat.
Sec. 38.610.070. Application requirements and procedures for activities in wetland areas.
A. Review. 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. Based on the functional assessment
and other submittal materials, the review authority may request the WRB, if established, forward a
recommendation of approval, conditional approval or denial to the review authority.
B. Decision. All proposals for regulated activities in regulated wetland areas must be reviewed and approved,
conditionally approved, or denied by the review authority in accordance with articles 240, 230 and 430 of
this chapter prior to commencement of the regulated activity.
1. 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. Submittal materials. The information required in section 38.220.130 must be submitted for all regulated
activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas must comply with the
noticing requirements of division 38.220 of this chapter.
Sec. 38.610.080. Review standards.
A. The review authority may approve, conditionally approve or deny a regulated activity in a regulated wetland
if:
1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the activity
will result in minimal impact or impairment to any wetland function and the activity will not result in an
adverse modification of habitats for, or jeopardize the continued existence of, the following:
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a. Plant, animal or other wildlife species listed as threatened or endangered by the United States
Fish and Wildlife Service; and/or
b. Plant, animal or other wildlife species listed as a species of concern, species of potential concern,
or species on review by the state department of fish, wildlife and parks and the state natural
heritage program; or
3. The applicant has demonstrated that the project is in the public interest, having considered and
documented:
a. The extent of the public need for the proposed regulated activity;
b. The functions and values as determined by a state accepted method of functional assessment of
the wetland that may be affected by the proposed regulated activity;
c. The extent and permanence of the adverse effects of the regulated activity on the wetland and
any associated watercourse;
d. The cumulative adverse effects of past activities on the wetland; and
e. The uniqueness or scarcity of the wetland that may be affected.
Sec. 38.610.090. Wetland permit conditions.
A. The review authority may recommend conditions of approval for proposed regulated activities, and the city
may conditionally approve proposed regulated activities, subject to the following conditions:
1. Requiring the provision of a wetland buffer of a size appropriate for the particular proposed activity
and the particular regulated wetland area;
2. Requiring that structures be appropriately supported and elevated and otherwise protected against
natural hazards;
3. Modifying waste disposal and water supply facilities;
4. Requiring deed restrictions or covenants regarding the future use and subdivision of lands, including
but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation
removal;
5. Restricting the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
7. Clustering structures or development;
8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland;
9. Modifying the project design to ensure continued water supply to the regulated wetland;
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining
wetland functions;
11. Requiring a yearly mitigation monitoring report to be submitted to the review authority on a yearly
basis, with the due date to be determined on a case-by-case basis;
12. Requiring a deed restriction to be filed with the county clerk stating the measures that will be taken to
protect all water resources, mitigation, and buffer areas in perpetuity;
13. Requiring that all reasonable effort has been made to limit indirect impacts to vegetation, faunal
interspersion and connectivity, and hydrological connectivity in the site design (e.g., any structures,
boardwalks, viewing platforms, or bridges, which are constructed within wetlands will have at least a
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two-foot space between the bottom chord of the structure and the wetland surface elevation to limit
shading impacts and allow wetland vegetation to persist); and
14. Requiring conditions that mitigate locally-regulated (wetlands not connected to a water of the U.S.)
infringement upon watercourses, buffers, or negative indirect or direct effects on the functionality of
wetlands, watercourses or buffers.
Sec. 38.610.100. Appeals.
Depending upon the application procedure involved, decisions related to the approval or denial of regulated
activities proposed for regulated wetland areas may be appealed in accordance with the provisions of division
38.250 of this chapter.
Sec. 38.610.110. Enforcement.
This division 38.610 will be enforced in accordance with the provisions contained in division 38.200 of this
chapter.
ARTICLE 7. DEFINITIONS
DIVISION 38.700. TERMS AND INTERPRETATION
Sec. 38.700.010. 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. Otherwise, all words in this chapter must be first defined as provided in this division 38.700 and, if
not defined herein, must be defined as in the latest edition of "The Illustrated Book of Development
Definitions" by Harvey S. Moskowitz and Carl G. Lindbloom, and if not defined in "The Illustrated Book of
Development Definitions," 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. 38.700.020. 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
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building or to the principal use of land. Individual public utility installations above ground are considered accessory
buildings.
Activity. A thing that a person or group does or has done.
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 38.700, 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 division 38.200 of this chapter.
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 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 division 38.380.
Aggrieved person. A person, as defined in this division 38.700, who has a specific, personal and legal interest
in the final decision of an agency, board or commission, as distinguished from a general interest such as is the
concern of all members of the community, and which interest would be specifically and personally prejudiced by
the decision or benefited by its reversal.
Agricultural. 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.
Aliquot part. An equal division of a government section in quarters as described by the Manual for the Survey
of the Public Lands of the United States.
Alteration. Any act or process, except repair and light construction as defined herein, that changes one or
more of the architectural features of a structure or site, including, but not limited to, the erection, construction,
reconstruction, relocation of, or addition to a structure. The term "alteration" may apply to any act or process that
changes the interior architectural features of that portion of a public or 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.
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.
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 omnidirectional 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 buildings located within non-residential districts, as specified in this chapter. An efficiency unit is as an
apartment under this definition. Townhouses and rowhouses are excluded from this definition.
Apartment building. A building other than a hotel, motel, townhouse, or rowhouse containing five or more
dwelling units.
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. The person who, or organization which, submitted the application to the agency, board or
commission for approval, or the person who, or organization which, submitted the application to the agency,
board or commission whose decision has been appealed.
Appurtenant structure. A structure in which the use is incidental or accessory to a principal use.
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 signs. The area of a sign that 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. 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. 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. 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. 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.
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Figure 38.700.020.
Area of signs.
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 section
38.530.040 for articulation standards.
Articulation interval. The measure of articulation; the distance before architectural elements repeat. See
section 38.530.040 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 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 reduction yard. Any area of land 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.
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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.
(Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2105, § 16, 9-27-2022; Ord. No. 2025-001, § 4, 2-11-2025)
Sec. 38.700.030. B definitions.
Banner. Any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building
by a permanent frame at one or more edges. A single one of each national, state or municipal flags, or the official
flag of any institution or business are not considered banners.
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 flowrate 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 average grade of the adjoining ground. For purposes of division 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.
Figure 38.700.030-1.
Basement.
Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points
not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
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.
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Blank wall. A ground floor wall or portion of a ground floor wall over ten feet in height has a horizontal
length greater than 20 feet and does not include a transparent window or door. See section 38.530.070.C 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.
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.
Building height. The vertical distance measured from grade as defined in this section to the highest point on the
roof or parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each type of roof
or parapet wall must comply with applicable height regulations as established for the respective roof pitches in
each zoning district. Where the vertical difference between grade as defined in this section is greater than two feet
between opposite elevations of the building, the height of the building may be increased by one foot for every one
foot in grade difference up to a maximum of six additional feet.
Figure 38.700.030-2.
Building height.
Building, principal. A building in which is conducted the main, or principal, use of the lot on which the
building is situated.
Business. A commercial enterprise carried on for profit; a particular occupation or employment habitually
engaged in for livelihood or gain.
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(Ord. No. 2032, § 2, 12-18-2019; Ord. No. 2057, § 6, 3-9-2021)
Sec. 38.700.040. C definitions.
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.
Casino.
A. 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.
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 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"
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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.
Commercial node.
A. A commercial node is an area meeting all of the following conditions:
1. Designated as "community commercial" in the land use section of the city's adopted growth
policy;
2. Designated as a B-2 zoning district; and
3. Located in one of the four following locations:
a. Northwest of the intersection of Stucky Road and South 19th Avenue to the limits as shown
on the future land use map contained in the adopted growth policy,
b. East of Highland Boulevard across from the Bozeman Deaconess Hospital to the limits as
shown on the future land use map contained in the adopted growth policy,
c. South of West Main Street across from the Gallatin Valley Mall to the limits as shown on
the future land use map contained in the adopted growth policy,
d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on the
future land use map contained in the adopted growth policy.
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 development director. The director of the Bozeman Department of Community Development and
the person charged with the administration of this chapter unless otherwise specifically noted in this chapter.
Community residential facility.
A. A facility licensed by the Montana Department of Public Health and Human services including:
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;
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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.
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.
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.
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 tract. 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.
A. Retail commercial uses which have relatively high traffic-generation rates per 1,000 square feet 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 percent is in disposable or carry-out containers; or
2. Use features 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.
Cornice. A horizontal molding projecting along the top of a wall, building, etc. See section 38.530.050.E for
related standards.
Covenant. An agreement that restricts the land and binds present owners and subsequent grantees with a
view towards protecting and enhancing the physical, natural and economic integrity of an area.
Crawlspace. For purposes of division 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.
(Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2124, § 33, 10-18-2022)
Sec. 38.700.050. D definitions.
Day care center. A place in which supplemental care is provided to 13 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 six non-
resident persons from separate families on a regular basis and which is registered by the state.
Day care home, group. A private residence in which supplemental care is provided to seven to 12 non-
resident persons on a regular basis and which is registered by the state.
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 intent of the standard. See section 38.250.060 for
procedures.
Design review. The aesthetic evaluation of certain development proposals.
Design review board. That board created by chapter 2 article 5 of the Municipal Code with duties as
described.
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Developer. For purposes of division 38.380, 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) 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 manmade 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 envelopes. Areas on a lot within which grading, lawns, pavement and buildings will be located.
Development review committee. That committee created by division 38.200 of this chapter 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.
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 traffic 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 Subdivision and Platting Act (MCA 76-3-101 et seq.). 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 manmade 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 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-household, two-household, multiple-household dwellings and group
homes. Dwellings do not include hotels or motels.
(Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2104, § 24, 9-27-2022; Ord. No. 2105, § 17,
9-27-2022; Ord. No. 2149, § 5, 11-14-2023)
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Sec. 38.700.060. 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.
Efficiency unit. A dwelling unit containing only one habitable room as defined and regulated by the most
recently adopted International Building Code.
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. 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 division 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 Public Works.
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 director of community development to be appropriately included in this definition. These
facilities, equipment and structures include:
1. Public water distribution lines.
2. Public sanitary sewer collection lines.
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 percent.
6. Natural gas service:
a. Below ground distribution lines and appurtenances.
b. Below ground transmission lines and appurtenances.
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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. Roof mounted distributed electrical generation solar panel.
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 director of community
development 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 percent, other than those
included in Essential Services (Type I).
5. Natural gas service:
a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to
exceed 125 square feet.
6. Communications services, except those included in essential services (Type F), including above ground
buildings not to exceed 125 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—125 square feet, except those included in essential services (Type
I).
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.
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5. 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 125
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.
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.
Existing artificial obstruction or nonconforming use. For purposes of division 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 division 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.
(Ord. No. 2057, § 6, 3-9-2021)
Sec. 38.700.070. 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.
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
Subdivision and Platting 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 Subdivision and Platting Act.
Final site 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.
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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.
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
division 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.
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.
(Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2061, § 2, 4-6-2021)
Sec. 38.700.080. 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 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. "General service establishment" refers to 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
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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.
Governing body. The governing authority of a city or town organized pursuant to law. In the city, the city
commission is the governing authority.
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 acreage. The total area of a parcel including the area of perimeter street rights-of-way to the
centerline of the street.
Gross density. The number of residential dwelling units per unit of land used for residential purposes, with
the term "unit of land" being the gross residential acreage.
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.
Growth policy. An official public document adopted and used by a local government as a general guide for
development and conservation decisions. It is not a regulation; rather, it is an official statement of public policy to
guide growth and change. The required and optional elements of a growth policy are listed in MCA 76-1-601.
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 facilities (e.g.,
full-size dishwasher, more than a bar sink, or a stove) is considered a dwelling unit.
(Ord. No. 2104, § 25, 9-27-2022; Ord. No. 2155, § 44, 5-14-2024)
Sec. 38.700.090. H definitions.
Health authorities. The state department of environmental quality, local environmental health specialist or
other authorized representative.
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Health and exercise establishments. An establishment designed and equipped for the conduct of sports,
exercise activities and other customary and usual recreational activities, including 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, transit terminals, outdoor display/sales, and warehousing.
Height of low profile sign. The vertical distance between the finished grade and the highest component of
the sign.
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.
Figure 38.700.080.
Height of pole style sign.
High visibility street corners and gateway sites. All commercially zoned and REMU Districts intersecting
Arterial or an Arterial and Collector street are defined as a high visibility street corner and warrant special design
standards set forth in section 38.530.050.D.
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.
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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. Home based businesses are subject to
the requirements of this chapter.
Home office. An accessory use in which work for compensation is undertaken, including, but not limited to,
receiving or initiating correspondence, such as phone calls, mail, faxes or email; preparing or maintaining business
records; word and data processing; and telephone, mail order and off-premises sales.
Hospital. An institution for the diagnosis, treatment or other cure of human ailments and which may include
a sanitarium or clinic, provided such institution is operated by, or treatment is given, under direct supervision of a
physician licensed to practice by the state.
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 boardinghouse, lodginghouse or roominghouse.
Household.
A. 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 section 38.35.090.
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.
(Ord. No. 1997, § 5, 3-19-2018; Ord. No. 2105, § 18, 9-27-2022)
Sec. 38.700.100. I definitions.
Illuminance. The quantity of light measured in footcandles or lux. The density of the luminous flux incident
on a surface; it is the quotient of the luminous flux by the area of the surface when the latter is uniformly
illuminated.
Immediate family. A spouse, children by blood or adoption, and parents.
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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
surround 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 for at least 35 years.
Interchange zone. Districts created for the purpose of allowing larger and/or additional signage for the areas
adjacent to the Interstate 90 interchanges at East Main Street, North 7th Avenue and North 19th Avenue which are
located within the B-2 Zoning District and within 1,300 feet of the Interstate 90 right-of-way.
Irregularly shaped tract of land. A parcel of land other than an aliquot part of the United States Government
survey section or a United States lot, the boundaries or areas of which cannot be determined without a survey or
trigonometric calculation.
Irrigation. Supplemental water that is artificially applied to an area for the purpose of fostering plant growth
and health.
(Order No. 2018-01, § 18, 4-18-2018; Ord. No. 2111, § 3, 6-28-2022; Ord. No. 2155, § 45, 5-14-2024)
Sec. 38.700.110. L definitions.
Landmark. A site, structure or object designated as a "landmark" pursuant to the procedures prescribed in
division 38.340 of this chapter, 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. Some illustrated examples
of large scale wireless facilities are shown below.
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Figure 38.700.110-1.
Large scale wireless facility.
Large shrub. A shrub which normally reaches a height of five feet or more upon maturity, and usually has five
or more canes.
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:
(a) 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.
(b) 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 its lowest floor,
including the bottom of a crawlspace, above the base flood elevation to avoid mandatory flood
insurance.
(c) 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.
(d) 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 manmade embankment, usually earthen, designed and constructed in accordance with sound
engineering practices to contain, control or divert the flow of water to provide protection from temporary
flooding.
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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.
Level I, II, and III Improvements. See section 38.500.020.B for descriptions.
Light construction. Any change not construed as an alteration or repair, including paving of established
driving and parking areas (subject to the requirements of division 38.540 of this chapter); 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 goods repair. Establishments primarily engaged in the provision of repair services to individuals and
households as well as businesses, but excluding automotive, boat and similar intensive repair use types. Typical
uses include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry, instruments,
office equipment or electronics.
Light source. A single artificial point source of light that emits measurable radiant energy in or near the
visible spectrum.
Light trespass. Light emitted by a lighting installation that extends beyond the boundaries of the property on which
the installation is sited.
Figure 38.700.110-2.
Light trespass.
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.
Limited access roadway. A street or road especially designed for through traffic, over which abutting
landowners have no right to direct access.
Live-work unit. A single household dwelling unit designed to accommodate ground level commercial uses.
The dwelling unit type may be any type that is permitted in the applicable zoning district. Permitted non-
residential uses may be those that are permitted in the applicable zoning district.
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Local services. All 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, fraternity or sorority. 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.
Lot area. The total horizontal area within the boundary lines of a lot.
Lot coverage. The ratio of horizontal area, measured from the exterior surface of the exterior walls of the
ground floor, of all principal and accessory buildings on a lot to the total lot area. For the purposes of calculating
lot coverage, those portions of a structure which do not have exterior walls are not included, even if it is covered
by a roof.
Lot line, front. In the case of an interior lot or a corner lot, a line separating street frontage of the lot from
the street and in the case of a double frontage or through lot, a line separating the lot from the street from which
a drive access may be permitted by the city.
Lot line, rear. A lot line which is opposite and most distant from the front lot line, in the case of a corner lot
the lot line opposite and most distant from the narrowest front lot line, and, in the case of an irregular or
triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the
narrowest front lot line. A lot with street frontage on all boundaries does not have a rear lot line.
Lot line, side. Any lot boundary line that is not a front lot line or a rear lot line.
Lot line, zero. A concept utilized to permit a structure or wall of a building to be located on a property line.
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. The distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building line.
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.
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Lot width. The distance as measured in a straight line, between property boundaries at the points of
intersection with the front setback line along the narrowest street frontage.
Lot with residential adjacency.
A. 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 an R-1, R-2, R-3, R-4, R-5 or R-O 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 an R-S, R-1, R-2, R-3, R-4, R-5 or R-O zoning district;
3. An artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4, R-
5 or R-O zoning district; or
4. An artificial lot in a non-residential zoning district, if the lot is less than 200 feet from an R-S, R-1,
R-2, R-3, R-4, R-5 or R-O 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.
Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and
decorative parts; also called the lighting fixture.
Luminance. The physical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting
material) in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an
element of the surface surrounding the point, and propagated in directions defined by an elementary cone
containing the given direction, by the product of the solid angle of the cone and area of the orthogonal projection
of the element of the surface on a plane perpendicular to the given direction. The luminous flux may be leaving,
passing through and/or arriving at the surface.
Lux. A unit of light intensity stated in lumens per square meter. There are approximately 10.7 lux per
footcandle.
(Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2061, § 3, 4-6-2021; Ord. No. 2155, § 46, 5-14-2024)
Sec. 38.700.120. M definitions.
Maintenance. For purposes of division 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.
Manufactured home. A factory-built, single-household structure that is manufactured under the authority of
42 USC § 5401, the National Manufactured Home Construction and Safety Standards Act, is built on a permanent
chassis, and is used as a place for human habitation, but which is not constructed or equipped with a permanent
hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and
which does not have wheels or axles permanently attached to its body or frame. This definition does not include
recreational vehicles. Any dwelling meeting the definition of modular home is not a manufactured home.
Manufactured home community. Any piece of real property under single ownership or control for which the
primary purpose is the placement of two or more manufactured homes for permanent residential dwellings and
for the production of income. A manufactured housing community does not include real property used for the
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display and sale of manufactured units, nor does it include real property used for seasonal purposes only, as
opposed to year-round occupancy. Home sites within the community are leased to individual homeowners, who
retain customary leasehold rights.
Manufactured home lot or space. A lot for rent or lease in a manufactured housing community designated
for the accommodation of one manufactured home and its accessory buildings or structures for the exclusive use
of the occupants.
Manufactured home stand. That area of a lot for rent or lease which has been prepared for the placement of
a manufactured home in a manufactured home community.
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 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 offices, clinics and centers. An establishment where patients are admitted for special study and
treatment by licensed health care professionals, including acupuncturists and chiropractors.
Micro-scale wireless facility. A wireless facility less than ten feet in height from the base to the highest point,
including attachments. When calculating the height of a facility, other structures designed for other uses, such as
buildings or water towers, may not be included in the calculation.
Mining. The extraction of sand, gravel or other material from the land in the amount of 400 cubic yards or
more and the removal thereof from the site without processing.
Mini-warehouse (warehouse, residential 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.
Minor subdivision. A subdivision that creates five or fewer lots from a tract of record.
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Missing middle housing. A residential building containing two, three, or four dwellings in any configuration,
as well as townhomes and cottage housing.
Mobile home. A transportable, manufactured structure, suitable for year-round single-household occupancy
and having water, electrical and sewage connections similar to those of conventional dwellings. This definition
applies only to units constructed prior to the Federal Manufactured Housing Construction and Safety Standards Act
of 1974, which became effective June 15, 1976. Compare with the definition of manufactured home.
Modular or sectional home. A dwelling unit meeting the standards of the International Building Code which
was mass produced in a factory, designed and constructed for transportation to a site for occupancy when
connected to the required utilities and when permanently anchored to a permanent foundation, whether intended
for use as an independent, individual unit or in combination with other units to form a larger building, and which
does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to the standards of
this chapter there is no distinction made between a dwelling constructed wholly or partly off-site and a dwelling
constructed on-site so long as they meet the standards of the city's adopted International Building Code.
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.
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.
(Ord. No. 2032, § 3, 12-18-2019; Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2111, § 4, 6-28-2022)
Sec. 38.700.130. 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 commercial center. Commercial uses oriented at serving the needs of neighborhoods. These
areas are typified by smaller scale shops and services, and a high level of pedestrian, bicycle and transit
opportunities. Neighborhood commercial centers are intended to support and help give identity to individual
neighborhoods by providing a visible and distinctive focal point. A neighborhood 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, offices and residences above other uses.
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.
Net residential density. The number of residential dwelling units per buildable unit of land, excluding any land used
or to be used as street rights-of-way, parks, public buildings or private non-residential uses. For calculating net
residential density, the following formula applies:
D = du
A- (c+i+s+a+d)
Where
D = Residential density
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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 = Reserved but undedicated school or park sites (acres)
a = Street, public or private, rights-of-way and transportation easements (acres)
d = Dedicated parklands, conservation easements, or common open spaces (acres)
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.
Nonbroadcast 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 nonbroadcast
telecommunication facility does not include office use, materials storage or other similar uses.
Noncanopy tree. A large tree which in its native state has at maturity canopy vegetation less than six feet
above the ground.
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 sign. A sign that does not conform to the provisions of division 38.560 of this chapter.
Nonconforming structure. Any structure which was legal prior to the effective date of the ordinance from
which this chapter is derived which fails to comply with the building location standards, and/or size requirements
of the applicable zoning district in which it is located.
Nonconforming use. An existing use of land or building which was legal prior to the effective date of the
ordinance from which this chapter is derived but which fails to comply with the requirements set forth in this
chapter applicable to the zone in which such use is located.
Noxious matter or material. Material capable of causing injury to living organisms by chemical reaction or
capable of causing detrimental effects on the physical or economic well-being of individuals.
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.
Nursery, plant. Facilities for commercial development, growth and sale of plants and/or for the utilization of
and storage of equipment for landscaping operation and wholesale and/or retail or commercial gardening
supplies.
(Ord. No. 2057, § 6, 3-9-2021)
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Sec. 38.700.140. 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 section 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, except as allowed by section 38.430.090.
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.
Overlay zone. A zone 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 division 38.600 an owner is any person or entity that has dominion over, control of,
or title to an artificial obstruction.
(Ord. No. 2029, § 11, 12-18-2019; Ord. No. 2057, § 6, 3-9-2021)
Sec. 38.700.150. 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.
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Figure 38.700.140.
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.
Party wall. Any wall of a building or structure which is common to two or more buildings, and which has a
minimum of one-hour fire resistant construction as defined and regulated by the latest adopted International
Building Code.
Pathway. A facility that accommodates the recreational and/or transportation needs of pedestrians and
bicyclists, including sidewalks, bike lanes, boulevard trails and trails.
Paved parking space or surface. An area covered by an impervious dustfree 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 section 38.520.060.D 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.
Permeable pavement. A paving material that permits water penetration to a soil depth of 18 inches or more.
Permeable pavement may consist of nonporous surface materials poured or laid in sections not exceeding one
square foot in an area and collectively comprising less than two-thirds of the total surface area.
Permitted use. A use which is lawfully established in a particular zoning district and which conforms to all
requirements, regulations and performance standards of such district. A permitted use may be a principal use, an
accessory use or a special use.
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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 board. The Bozeman Planning Board.
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.
Preservation board. The Bozeman Historic Preservation Advisory Board.
Primary access. The major access to a subdivision. The major access generally carries the most traffic as
determined by the traffic engineering study.
Principal use. A use or structure which determines the predominant or major 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.
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.
Proper access. Either an improved public street or road, maintained by the city, county or state; or a street or
road built to the standards provided in these regulations.
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.
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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.
(Ord. No. 2104, § 26, 9-27-2022; Ord. No. 2124, § 34, 10-18-2022)
Sec. 38.700.160. 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 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 section 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
38.700, 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.
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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."
Required setback. The minimum dimension of a front, side or rear setback as established by the use regulations for
each district.
Figure 38.700.160.
Required setbacks.
Residential building. A building used as a permanent dwelling for human habitation.
Restaurant. Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this
division 38.700), coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, drugstore and soda
fountain serving food.
Retail. The rental or sale of 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.
Revolving sign. Any sign which all, or a portion of, mechanically rotates either on an intermittent or constant
basis around a central axis.
Ridgeline. A relatively narrow elevation that is prominent because it rises at an angle of 25 percent or
greater; an elongated crest, or series of crests, with or without individual peaks, significantly higher than the
adjoining ground and often acting as the hydrologic dividing line between two or more drainage areas.
Ridgeline protection area.
A. A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
1. Located in an area above 4,900 feet in elevation above mean sea level; and
2. When the elevation of a line parallel to the ridgeline loses either:
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a. At least ten feet in vertical elevation on both sides of the ridgeline within 100 feet; or
b. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet;
c. A combination of the two standards where one side of the ridgeline meets one loss of
elevation standard and the opposite side meets the other.
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, 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 38.700,
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.
(Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2061, § 4, 4-6-2021)
Sec. 38.700.170. S definitions.
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.
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).
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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 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.
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.
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 multitenant 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 52-2-601, a dwelling as defined in
section 38.700.050, 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 section 38.360.260.
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.
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 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. Some illustrated examples of locations for
possible small-scale wireless facilities are shown below.
Figure 38.700.170.
Small scale wireless facility.
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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.
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 percent 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 not
more than four horses for the private use of the owner of the lot, but may not exceed 6,000 square feet in area.
Start of construction. The commencement of clearing, grading, filling or excavating to prepare a site for
construction, and for purposes of division 38.600 start of construction includes substantial improvement, and
means the date the building permit was issued, provided the actual start of construction, repair, 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.
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
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depicted in the city transportation plan may be designated as arterials by the review authority
specified in section 38.200.010.
a. Principal arterial. Serves the major centers of activity, the highest traffic volume corridors, and
the longest trip distances in an urbanized area. This group of streets carries the highest
proportion of the total traffic within the urban area with typical loads of 10,000 to 35,000
vehicles per day. Most of the vehicles entering and leaving the urban area, as well as most
through traffic bypassing the central business district, utilize principal arterials. Significant intra-
area travel, such as between central business districts and outlying residential areas, and
between major suburban centers, are served by major arterials.
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 section 38.200.010.
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 streets. 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.
Subdivider. Any person, firm, corporation or other entity who causes land to be subdivided or who proposes
a subdivision of land.
Subdivision. A division of land or land so divided that it creates one or more parcels containing less than 160
acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of
public roadways, in order that the title to the parcels may be sold, or otherwise transferred, and includes any
resubdivision, or condominium. The term also means an area, regardless of its size, that provides or will provide
multiple spaces for rent or lease on which recreational camping vehicles or mobile homes will be placed.
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Subdivision or development construction yard. A temporary office and/or vehicular and material storage
yard.
Substantial damage. For purposes of division 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 percent of the market value of the building or structure before the damage occurred.
Substantial improvement.
A. Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50
percent 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.
(Ord. No. 2020, § 8, 6-24-2019; Ord. No. 2059, § 3, 1-26-2021; Ord. No. 2057, § 6, 3-9-2021; Ord. No. 2061, § 5, 4-
6-2021; Ord. No. 2105, § 19, 9-27-2022; Ord. No. 2149, § 6, 11-14-2023; Ord. No. 2025-001, § 4, 2-11-2025)
Sec. 38.700.180. T definitions.
Temporary irrigation. A temporary watering system designed to transport and distribute water to landscape
plants for a limited period, primarily used during the establishment period, after which time the irrigation is
terminated or abandoned.
Temporary protective measures. A use, activity, or artificial obstruction that is readily implemented upon
commencement of a flooding emergency for the purpose of protecting existing buildings, structures, and life safety
that is not located in the channel of the regulatory floodway and is readily removed upon cessation of the flooding
emergency.
Temporary sign. Any advertising display that appears to be intended or is determined by the code official to
be displayed for a limited period of time rather than permanently attached to the ground or a structure.
Temporary use. A use established for a fixed period of time with the intent to discontinue such use upon the
expiration of the time period.
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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.
Transom window. A window or series of windows placed above a beam separating a door and/or storefront
windows. Transom windows are often placed above a canopy or marquee to emit extra daylight into a commercial
space.
Trellis. A frame supporting open latticework used as a screen or a support for growing vines or plants.
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.
(Ord. No. 1997, § 6, 3-19-2018; Ord. No. 2014, § 15, 6-3-2019; Ord. No. 2020, § 9, 6-24-2019; Ord. No. 2057, § 6, 3-
9-2021; Ord. No. 2155, § 47, 5-14-2024)
Sec. 38.700.190. U definitions.
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.
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.
Use. The employment or occupation of a building, structure or land for a person's service, benefit or
enjoyment.
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Sec. 38.700.200. V definitions.
Variance. A modification or variation of the provisions of this chapter 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 section 38.530.040.
Violation. The failure of a structure, subdivision, use of land or other development to be fully compliant with
this chapter.
Sec. 38.700.210. W definitions.
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.
Warehouse. 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.
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.
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.
A. 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.
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.
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.
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Wildlife habitat. The place or type of habitat where wildlife naturally lives.
Window sign. Any sign painted, attached, glued or otherwise affixed to a window or suspended within 18
inches behind a window for the purpose of being visible from the exterior of the building.
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. 38.700.220. Y definitions (Reserved).
Sec. 38.700.230. Z definitions.
Zoning commission. The Bozeman Zoning Commission.
Zoning map. A map with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this chapter.