HomeMy WebLinkAboutOrdinance No. 1761, Amendments to Title 18, Unified Development Ordinance No. Z-08041
Report compiled on April 7, 2009
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Ordinance 1761, first reading adopting UDO text amendments, Z-08041
MEETING DATE: Monday, May 11, 2009
RECOMMENDATION: Approve amendments to Title 18, Unified Development Ordinance as
recommended.
BACKGROUND: The City of Bozeman has adopted a Unified Development Ordinance to
establish common standards for land development. Procedures for zoning or subdivision review
are generally separated but performance standards and definitions are common. The City
conducts on-going monitoring of the performance of its regulations. From time to time needed
revisions are identified or changes in policy are directed.
The City Commission has directed the preparation of several edits. Staff has also identified
several changes which are considered desirable. The Staff has prepared revised text to the
ordinance. The Zoning Commission and Planning Board conducted a joint public hearing on
April 21st to consider the items being changed. Due to the nature of several of the edits
overlapping both subdivision and zoning issues a joint hearing was held. Advertising was
conducted through placement of legal ads in conformance to earlier direction given by the
Commission.
The attached text contains the suggested revisions with additions shown with underlined text and
deletions shown with struck through text. Included in this memo is a table of major edits, origin
of the edit, which edits were recommended favorably by the Zoning Commission and Planning
Board, and which edits were given another recommendation. Following the table is discussion of
those items the boards thought should be revised or not approved. The table also indicates
whether the individual edit was most applicable to zoning, subdivision, or both. The majority of
edits received a favorable recommendation. Smaller edits are located throughout the text itself.
Major Edits.
Edit
Source
Section
Number
Adopt Y/N
or Revise
PB ZC Edit
Staff 18.16.020 Y *
Added footnote 9 to cross reference to the
Accessory Dwelling Unit section for increased
clarity;
Staff 18.16.030 Y * Clarified lot area to floor area requirements for
RSLs;
Staff 18.16.040 Y * Removed reference to modular lots, establish
requirement for useable lot area;
Staff 18.16.050 Y * Added statement about orientation of garage doors
to the street;
329
Report compiled on April 7, 2009
Commission Memorandum
Edit
Source
Section
Number
Adopt Y/N
or Revise
PB ZC Edit
CC 18.18.020 Y *
Remove gaming from allowed uses in the B-1, B-2,
and B-3 districts, Change Essential Service II from
conditional to principal use. Allow light good repair
as an accessory use in the B-3 district, Added
footnotes 7 and 8 to Sales of Alcohol for on-
premise which cross references another existing
BMC provision and limit future gaming.
Staff 18.18.040 Y * Removed reference to modular lots;
Staff 18.18.050 Y * Allow 0 foot side yard setback for shared parking
facilities;
Staff 18.18.060 N * New section to require 12 foot minimum ceiling
heights in ground floor in B districts;
Staff 18.20.020 Y *
Reauthorize lumber yards and building materials
sales as a Principal use in M-1 & 2, inadvertently
made a CUP when retail uses were consolidated,
Change Essential Services II from conditional to
principal use;
Staff 18.28.040 Y * Provide for updating of historic inventory forms in
conjunction with a certificate of appropriateness;
Staff 18.28.050 Y *
Standards for COAs in the Conservation Overlay
district. Specify distinctions between standards
applicable in NCOD overall and in Historic District
or Landmark status. Also incorporate cross
references relating to the City’s historic preservation
tax credit program;
Staff 18.34.020 Y * Reword for greater clarity, no change to the
classifications of site plans;
Staff 18.34.050 Y * Specify thresholds for when grading and other
projects may be classified as a sketch plan;
Staff 18.34.100 Y *
Conditional Use Permit (CUP) termination
provisions – How to terminate a CUP either by
abandonment or revoked for failure to comply with
conditions. Voluntary/involuntary options;
Staff 18.38.050.E R * Revise half-story specification for accessory
buildings to be defined by a three foot sidewall;
CC 18.38.050.F Y * Clarify that screening of mechanical equipments on
roofs does not apply to solar or wind power device;
Staff 18.38.060.A.
7 Y * Explicitly exempt flag poles from setbacks;
330
Report compiled on April 7, 2009
Commission Memorandum
Edit
Source
Section
Number
Adopt Y/N
or Revise
PB ZC Edit
CC 18.38.060.D Y * Allow wind turbines to exceed height restrictions in
zoning districts in certain circumstances;
Staff 18.40.030 R *
Revise sidewall height for accessory dwelling units
to correspond to changes in accessory buildings,
clarify application of garage location to ADU in
multi-household zoning districts;
Staff 18.40.090 Y * * Revise submittal of condominium documents and
internal circulation review;
CC 18.40.110 Y * Revise process for review of complaints regarding
home occupations;
Staff 18.40.210 Y * Clarify community center setbacks to apply in
residential districts, and entrance requirements;
Staff 18.42.030.K Y * Delete option for creation of modular lots;
Staff 18.42.080 Y * * Revise requirements for grading and drainage;
CC 18.42.150 Y * * Revise timing for installation of street lights to be
included with initial development;
Staff/
CC 18.42.180 Y * * Restricted Size Lots - Provide 1% flexibility in lot
size to facilitate platting and strike sunset provision;
Staff 18.46.020 Y *
Revise requirements for internal spaces in residential
garages and parking lot surfacing, lighting, and
drainage control;
Staff 18.46.040.B Y *
Add a statement that for all uses not specifically
listed in the parking table the Director will
determine the appropriate number of required
parking stalls for the specific use that is not listed,
Revise numbers of parking stalls required for some
uses, Revise benefits for transit proximity and
location in nodes;
Staff 18.46.040.C Y *
Allow for reduction in provided non-residential
parking when provisions for alternative
transportation are made;
Staff 18.46.040.E Y * Revise bicycle parking requirements;
Staff 18.52.030.E Y * Remove allowance for time and temperature and
restrict electronic signs;
Staff 18.52.050 R * Revise application of exempt sign provisions;
CC 18.52.140 N * Revise off-premise signs to allow signage in transit
shelters and establish standards;
331
Report compiled on April 7, 2009
Commission Memorandum
Edit
Source
Section
Number
Adopt Y/N
or Revise
PB ZC Edit
Staff 18.52.150 R * Remove content restriction in park signage;
WRB 18.56 Y * * Revise wetlands review standards and procedures;
WRB 18.62.010 Y * * Revise duties and membership of the wetlands
review board;
CC 18.64.010 Y * Specify who conducts public agency exemption
public hearings;
Staff 18.64.050 Y * * Revise provisions for permission to enter in
conjunction with development application;
Staff 18.64.100 Y * Revise site preparation to conform to stormwater
plan permitting requirements;
CC 18.64.160 Y * * Revise notice of violation provisions and include
civil penalties as an enforcement option;
CC 18.72.030 Y * *
Revise enforcement provisions for covenants to
require a public meeting rather than a public
hearing;
CC 18.74.030.B Y * *
Revision to street lighting requirements so street
lights are installed as part of street infrastructure.
Installation of lights up front with SILD for
maintenance;
CC 18.74.060 Y * * Include street lighting with restricted items in
improvement agreements;
CC 18.76.020 Y * * Revise contents of public notices to remove maps in
notices published in the newspaper;
CC 18.76.030 Y * *
Allow for additional means of noticing when
deemed necessary and add posting for agency
exemption hearings;
WRB 18.78.130 Y * * Revised submittal requirements for wetlands review;
CC 18.80.470 Y * Revise definition of Casino;
Staff 18.80.3115 Y * * Add definition of usable lot area;
WRB 18.80.3170 Y * * Revise the definition of wetland.
UNRESOLVED ISSUES:
1) 18.18.060 – minimum ground floor height in B-1, B-2, B-3 district. The Zoning Commission
did not recommend favorably on this edit due to concerns on potential cost resulting from higher
first floor and that it was worded as a directive. They agreed with the idea of higher ceilings to
provide flexibility for building reuse and functionality as having value.
332
Report compiled on April 7, 2009
Commission Memorandum
2) 18.38.050.E and 18.40.030 – these two sections relate to the same subject of accessory
building heights. The drafted proposal was to reduce the allowed sidewall height from 5 feet to 3
feet on the second story. This would match the City’s regulations to standard definitions. Public
comment was offered on this item. The Zoning Commission suggested that an alternate approach
be taken to address the issue of accessory building and accessory dwelling unit mass and height.
After discussion with other members of the Planning Department it was concluded that an
alternative approach could not be adequately drafted in the time between public hearings. If the
Commission does not want to adopt the suggested edit, Staff recommends that a more
comprehensive review occur at a later date. This could also be included as part of a more
wholistic look at accessory dwelling units.
3) 18.52.050 –signs exempt from permit requirements. The drafted proposal required overall
compliance with the title for signs exempt from permitting. Public comment was offered on this
item and requested considerable additional text to be included. The public comment is attached
to this memo. Noticing of the amendment was adequate to allow the additional comments to be
addressed under this item.
After considering the public comment, Staff does not recommend adopting the suggested
language in a) 18.52.050.A.2, b) 18.52.050.B.7, or c) 18.52.050.C.4&5.
a) Political signs are already allowed. The specifics of timing and monitoring for a maximum
sign size of 9 square feet and the number of residences would be an overwhelming and largely
unenforceable requirement. Similar signs in non-residential areas are larger, up to 32 square feet,
and there are fewer with a corresponding larger visual impact and smaller enforcement
requirement.
b) Directional signs are for direction, not advertising. There has not been an identified problem
which this edit would address.
c) Pedestrian directory signs may be appropriate in some locations but the permitting process is
needed to ensure that they are correctly located and consistent with location and other functional
needs. Therefore, these signs should not be exempt. The Commission can direct that similar text
authorizing pedestrian directories be located elsewhere within the chapter.
d) Staff suggests that 18.52.050 reference compliance with the chapter to address other concerns.
Examination of previous editions of the regulations indicates that the term ‘chapter’ was applied
in this location of text.
4)18.52.140 – off-premise signage restriction relaxed to allow advertising in transit shelters. The
planning board and zoning commission both expressed strong disagreement with this edit and
recommend that it not be adopted. Their comments are contained in the minutes.
5) 18.52.150 – advertising in public parks. The City has very limited ability to regulate the
content of signs, which are considered a means of speech, through zoning. As a landowner, we
have more discretion about what we permit on our property. The drafted amendment would
remove a content restriction. It is suggested that the City address the issue instead within its
333
Report compiled on April 7, 2009
Commission Memorandum
parkland regulations and user agreements directly rather than through zoning. The boards
suggested ensuring that such alternate approaches are in place prior to any change to the zoning.
They also requested that the City Attorney verify if the content restriction in parks is allowed.
6) 18.76.030 – additional means or quantity of advertising. Staff suggests a change in wording to
this edit for additional clarity. To read as:
“C. Notice may also be provided to property owners in any additional area that may be
substantially impacted by the proposed change or use as determined by the Planning Director.
The Planning Director may use other means in addition to posting, mailing, or publication to
provide notice.”
FISCAL EFFECTS: No immediate or direct fiscal effects are expected from most edits.
Revisions to the requirement to include maps in published notices will reduce costs for
advertising. Those costs are primarily covered with application fees.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to call or email Chris Saunders at csaunders@bozeman.net, 582-
2260, if you have questions prior to the meeting.
Respectfully submitted,
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Attachments: Draft Planning Board resolution and minutes
Draft Zoning Commission resolution and minutes
Staff Report
Public comment
Ordinance 1761
Amendment text
334
UDO Text Amendments
1
RESOLUTION #Z-08041
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
PARTIAL APPROVAL AND PARTIAL DENIAL OF AN APPLICATION FOR A
UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT APPLICATION
THAT WOULD MODIFY 18 CHAPTERS OF TITLE 18, UNIFIED DEVELOPMENT
ORDINANCE TO REVISE DEVELOPMENT PROCEDURES, AMEND AND
ESTABLISH DEFINITIONS, ESTABLISH CATEGORIES OF USES, AND AMEND
DEVELOPMENT STANDARDS.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map and
subdivision regulations through its Unified Development Ordinance pursuant to Sections 76-2-
301, 76-2-302, and 76-3-501 M.C.A. to implement its growth policy; and
WHEREAS, Section 76-3-503, M.C.A. allows local governments to amend regulations
pertaining to subdivisions if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-3-606, M.C.A. states that the subdivision regulations must be
made in accordance with the growth policy and; and
WHEREAS, Section 76-1-107, M.C.A. states that the governing body shall seek the
advice of the Planning Board in matters pertaining to approval of subdivisions; and
WHEREAS, the City of Bozeman Planning Board has been created by the Bozeman City
Commission; and
WHEREAS, Chapter 18.68 of the Bozeman Unified Development Ordinance sets forth
the procedures and review criteria for zoning regulation amendments; and
WHEREAS, Chapter 18.02 of the Bozeman Unified Development Ordinance sets forth
the purposes of subdivision regulations which serve as review criteria for regulation
amendments; and
WHEREAS, the Bozeman City Commission applied for a Unified Development
Ordinance text amendment, pursuant to Chapter 18.68 of the Bozeman Unified Development
Ordinance, to modify multiple sections of the Unified Development Ordinance; and
WHEREAS, the proposed text amendment request has been properly submitted, reviewed
and advertised in accordance with the procedures set forth in the Bozeman Unified Development
Ordinance, Title 76, Chapter 2, Part 3, M.C.A. and other applicable law; and
335
UDO Text Amendments
2
WHEREAS, the City of Bozeman Planning Board held a joint public hearing along with
the Bozeman Zoning Commission on April 21, 2009, to formally receive and review all written
and oral testimony on the proposed text amendments; and
WHEREAS, two members of the public submitted written or oral testimony on the
proposed text amendment; and
WHEREAS, the Planning Board discussed the offered comments and proposed
amendments; and
WHEREAS, after considering staff’s recommendation and discussion amongst
Commission members, the Planning Board found that the application generally complied with
the review criteria;
WHEREAS, due to the complexity and number of amendments to be considered the
Planning Board discussed and made motions for groups of the amendments excluding those they
considered to be outside their purview;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Planning Board
officially recommends to the Bozeman City Commission that:
1. on a vote of 8 in favor and 0 against, to forward a recommendation of approval for 18.16.020
through 18.34.100 with the exclusion of 18.18.060, and be it further resolved that;
2. on a vote of 8 in favor and 0 against, to forward a recommendation of approval to the City
Commission for 18.40.090, 18.42.030.K, 18.42.080, 18.42.150, and18.56, and be it further
resolved that;
3. on a vote of 8 in favor and 0 against, to forward a recommendation of approval to the City
Commission for 18.64.010 – 18.80.3170 as presented.
DATED THIS DAY OF , 2009, Resolution #Z-08041
_____________________________ ____________________________
Chris Saunders, Assistant Director Brian Caldwell, President
Dept. of Planning & Community Development Bozeman Planning Board
336
UDO Text Amendments
1
RESOLUTION #Z-08041
RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION
RECOMMENDING PARTIAL APPROVAL AND PARTIAL DENIAL OF AN
APPLICATION FOR A UNIFIED DEVELOPMENT ORDINANCE TEXT
AMENDMENT APPLICATION THAT WOULD MODIFY 18 CHAPTERS OF TITLE
18, UNIFIED DEVELOPMENT ORDINANCE TO REVISE DEVELOPMENT
PROCEDURES, AMEND AND ESTABLISH DEFINITIONS, ESTABLISH
CATEGORIES OF USES, AND AMEND DEVELOPMENT STANDARDS.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map and
subdivision regulations through its Unified Development Ordinance pursuant to Sections 76-2-
301, 76-2-302, and 76-3-501 M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning
regulations if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning regulation
amendment requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of
the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 18.68 of the Bozeman Unified Development Ordinance sets forth
the procedures and review criteria for zoning regulation amendments; and
WHEREAS, the Bozeman City Commission applied for a Unified Development
Ordinance text amendment, pursuant to Chapter 18.68 of the Bozeman Unified Development
Ordinance, to modify multiple sections of the Unified Development Ordinance; and
WHEREAS, the proposed text amendment request has been properly submitted, reviewed
and advertised in accordance with the procedures set forth in the Bozeman Unified Development
Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a joint public hearing along
with the Bozeman Planning Board on April 21, 2009, to formally receive and review all written
and oral testimony on the proposed text amendment; and
WHEREAS, two members of the public submitted written or oral testimony on the
proposed text amendment; and
337
UDO Text Amendments
2
WHEREAS, the Zoning Commission discussed the offered comments and the proposed
amendments; and
WHEREAS, after considering staff’s recommendation and discussion amongst
Commission members, the Zoning Commission found that the application generally complied
with the Review Criteria;
WHEREAS, due to the complexity and number of amendments to be considered the
Zoning Commission discussed and made motions for groups of the amendments;
NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission
officially recommends to the Bozeman City Commission that:
1. on a vote of 2 in favor and 1 against, to forward a recommendation of approval for
amendments 18.16.020 through 18.34.100 with the exclusion of 18.18.060, and be it further
resolved that;
2. on a vote of 3 in favor and 0 against, to forward a recommendation of approval for
18.38.050.F through 18.62.010 with the exclusion of 18.38.050.E., 18.40.030, 18.52.140, and
18.52.150, and be it further resolved that;
3. on a vote of 3 in favor and 0 against, to forward a recommendation of approval to the City
Commission for 18.64.010 – 18.80.3170, and be it further resolved that;
4. on a vote of 3 in favor and 0 against, to forward a recommendation to amend section
18.40.030 & 040 to define the wall height based on the height of the structure instead of the
sidewall, for items 18.52.140 & 18.42.150 to determine if there can be an exclusion of
signage for tobacco/alcohol and to not approve signage in transit shelters.
DATED THIS DAY OF , 2009, Resolution #Z-08041
_____________________________ ____________________________
Chris Saunders, Assistant Director Nathan Minick, Vice-Chairperson
Dept. of Planning & Community Development Bozeman Zoning Commission
338
1
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
MINUTES
TUESDAY, APRIL 21, 2009
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Caldwell called the joint meeting of the Planning Board and Zoning Commission to
order at 7:00 p.m. in the Community Meeting Room, 3rd Floor, Gallatin County Courthouse, 311
West Main Street, Bozeman, Montana and directed the secretary to take attendance.
Planning Board Members Present: Staff Present:
Dawn Smith Chris Saunders, Assistant Director of Planning
Bill Quinn Tara Hastie, Recording Secretary
Cathy Costakis
Donna Swarthout
Ed Sypinski
Brian Caldwell
Chris Mehl
Erik Henyon
Zoning Commission Members Present:
Peter Harned
Nathan Minnick
Nick Lieb
Members Absent: Guests Present:
JP Pomnichowski Steve Ziegler
Sean Becker Susan Kozub
Rob Pertzborn
Karl Wetlaufer
Peter Redman
ITEM 2. PUBLIC COMMENT (0-15 MINUTES)
{Limited to any public matter within the jurisdiction of the Planning Board and not
scheduled on this agenda. Three-minute time limit per speaker.}
Steve Ziegler, 2531 Whitetail Rd, stated he had spoken with the Planning Board regarding the
Bridger Bench area during the update to the Growth Policy. He stated he looked at the Growth
Policy as addressing zoning designations and the growth policy designation proposed for the
bench area would be too dense. He stated he wanted the possibility of the PB/ZC looking at the
zoning at some point in the future to focus more on a green, sustainable and natural environment.
Seeing no further public comment forthcoming, President Caldwell closed the public comment
portion of the meeting.
339
2
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
ITEM 3. PLANNING BOARD MINUTES OF MARCH 17, 2009
ZONING COMMISSION MINUTES OF MARCH 17, 2009
Mr. Mehl stated he would like to see the Planning Board minutes informally before they are sent
to the City Commission or other review agencies. President Caldwell stated he had spoken to
Staff regarding edits to public meeting minutes and suggested Mr. Mehl speak with Assistant
Director Saunders and the City Attorney’s office.
MOTION: Mr. Mehl moved, Mr. Sypinski seconded, to approve the Planning Board minutes of
March 17, 2009 as presented. The motion carried 7-0. Those voting aye being President
Caldwell, Ms. Smith, Ms. Costakis, Ms. Swarthout, Mr. Quinn, Mr. Mehl, and Mr. Sypinski.
Those voting nay being none. Mr. Henyon abstained as he was not in attendance at the previous
meeting.
MOTION: Mr. Harned moved, Mr. Lieb seconded, to approve the Zoning Commission minutes
of March 17, 2009 as presented. The motion carried 3-0. Those voting aye being Vice
Chairperson Minnick, Mr. Harned, and Mr. Lieb. Those voting nay being none.
ITEM 4. PROJECT REIVEW
1. Amendments to Title 18 (U.D.O.), Bozeman Municipal Code, #Z-08041
Modify 18 chapters of the City’s land development standards. Bring forward
revisions as directed by the City Commission and suggested by Staff. (Saunders)
President Caldwell asked the Board and Commission members if they had any particular method
with which they would like to review the proposed amendments and suggested Staff make their
presentation prior to discussion by members.
Ms. Smith asked if the Planning Board would only be commenting on items applicable to Planning
Board review. Assistant Director Saunders responded that the Zoning Commission would
address zoning amendments and the Planning Board was specifically charged with reviewing
Growth Policy and subdivision related amendments. They could comment on items they saw as
implementing the Growth Policy.
Mr. Sypinski asked if the Zoning Commission would be allowed to vote on Planning Board
amendments. Assistant Director Saunders responded points of concern could be discussed on any
item in the amendment list, but on specific items, the motion would need to be specifically made
by the Board/Commission with jurisdiction over those requested amendments.
Assistant Director Saunders stated there were a total of 18 chapters affected in either small or
large areas. He stated a number of the edits had been requested by the City Commission and were
sent for review for the purpose of collecting comments. He stated Staff had looked at the
required criteria for a zoning text amendment and there were specific identified purposes for
subdivision that served the same function as review criteria. He stated the nature of land
regulation was that there was very little difference in standards between which of the legal
processes allow the development of the land. He stated Staff monitored regulations and
340
3
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
ordinances on a regular basis and kept a list of items that needed amending. He stated the first
two items were related to each other; the Casino Overlay District and the definition of a casino.
He noted the Commission had suggested the amendment to the definition of casino and the
amendment would only affect future projects and would not be effective retroactively. He stated
the allowance of off-premise signage in transit shelters was a significant edit as it had previously
been disallowed altogether. He stated the standards for street lighting had been edited with
regard to when lighting was required to be installed. He stated the public noticing requirements
had been amended to minimize costs. He stated the minimum requirements of noticing had been
reduced and legal ads have been decided upon as the new noticing method, but would not include
a map; he added that the same notices that adjoiners would get would be posted on the web and
would include the location map. He directed the Board and Commission to the location of the
public notices on the City website and added that an e-mail alert system had been included to
notify the public of new notices being posted on the website. He stated the City Commission had
requested review of all public agency zoning exemptions.
President Caldwell suggested the Board and Commission discuss the City Commission edits first.
Mr. Mehl and Ms. Smith disagreed that Staff should halt their presentation. The
Board/Commission concurred that the Staff presentation should be completed prior to any
member discussions.
Assistant Director Saunders directed the Board/ Commission to Staff and Advisory Board
requested edits. He noted bicycle parking requirements had been clarified as well as grading and
storm water drainage requirements. He noted clarification of application and historic review
would be achieved by referencing the Design Guidelines for the Neighborhood Conservation
Overlay District. He stated specific procedures for termination and renewal of CUP’s had been
included and would be consistent with law in general. He stated the submittal requirements had
been edited to include specific references to Wetlands Review Board review. He stated
specifications on what constituted a buildable lot had been included. He stated the Essential
Services II language had been included with regard to changing from a conditional to a principal
use. He stated civil penalties would be included in enforcement options, but would not result in a
permanent criminal record for someone. He stated the Restricted Size Lot requirement had been
included to allow the City Commission to make a decision on whether or not the Restricted Size
Lot requirement should be kept in the UDO.
President Caldwell opened the item for public comment.
Susan Kozub, Intrinsik Architecture, 111 N. Tracy Ave., handed the Board and Commission her
recommended edits. She suggested the edits include specific counts for lot coverage
requirements; she added that R-4 zoning was allowed 50% coverage and R-O was allowed only
40% coverage and suggested those should be the same. She stated the allowable sidewall height
requirements would not work in every situation and cited three examples where clarity would be
more advantageous. She suggested first floor heights for garages could be reduced to allow for
better use of the 2nd floor Accessory Dwelling Unit. She stated there were some locations where
a two story accessory structure might be appropriate; she cited Foxtail Street in Cattail Creek and
noted that type of design would not be allowable under the requested amendment. She stated in
341
4
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
chapter 18.44, where the B-3 setback requirement of 0 feet still had to observe the street vision
triangle and suggested that should not be required with zero lot line zoning requirements. She
suggested pedestrian signage should be exempt from setback requirements and some height
requirements. She stated requirements for color should be clarified that unless it is an obnoxious
color it would not need reviewed. She stated that the definitions of certain uses in 18.80 had been
confusing as many uses could overlap. She suggested specific language for the exempt signage
section of the code to allow for pedestrian directory signs and suggested language for public
parks signage. She suggested including political signs in residential zoning designations.
Mr. Mehl suggested going through the edits in order. The Board/Commission concurred.
Assistant Director Saunders suggested discussion occur prior to the motion being formulated.
President Caldwell asked for comments on the first amendment. Seeing no comments
forthcoming, he called for comments on the second amendment and noted Ms. Kozub had
addressed the item in her public comment. Assistant Director Saunders noted the item discussed
by Ms. Kozub had not been included in the amendments as they were noticed and suggested the
Board not include that language in the motion.
Assistant Director Saunders stated the list of sections distributed to the members in packets did
not include minor edits, such as misspellings or the removal of a period, and only substantive edits
had been included. All edits were shown in the text with underlines or strikeouts.
President Caldwell asked if there would be any discussion regarding modular lots. No member
offered any discussion of the topic.
Mr. Mehl asked why Staff had noticed the amendments so that the Board/Commission could not
discuss the document as a whole; he suggested Staff include all possible edits. Assistant Director
Saunders responded adequate noticing requirements specified language be included instead of
noticing blanket changes to the UDO; he added he would check with legal Staff to see if the
noticing requirements would allow less specificity. Mr. Sypinski asked the difference between a
public hearing and a public meeting. Assistant Director Saunders explained and responded that is
was primarily the noticing requirements that were different.
Mr. Henyon asked the difference between the 40 and 50% lot coverage in the R-4 and R-O
zoning designations. Assistant Director Saunders responded there was a different expectation
between residential development and residential office development; he added the R-4 had been
recently raised to allow 50% lot coverage. Ms. Smith added that the Restricted Size Lot could
help provide incentive to build on those lots if the allowable lot coverage were larger. Assistant
Director Saunders responded the amendment would specify the same home size limit, but would
allow flexibility with the lot itself.
Mr. Mehl asked why modular lots had been stricken. Assistant Director Saunders responded the
Building Codes would not allow a home to straddle the property line between two lots so the
allowance in the UDO would be moot.
342
5
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
President Caldwell asked for comments on the proposed garage door edit.
Ms. Smith apologized for stating something that was not a proposed amendment and stated 20
feet was not adequate length for a vehicle to park to prevent the vehicle from hanging over the
sidewalk in the City.
President Caldwell directed the Board/Commission to the edits regarding Casino’s and the Casino
Overlay District. He suggested an amendment to 18.1 as the Casino Overlay District would apply
to cabaret licenses and suggested the B-3 and central business core district should have a principal
use specific to cabaret licenses. Mr. Sypinksi stated he did not agree that cabaret licenses should
not have to go through the CUP process for approval. Mr. Lieb suggested the item could not be
moved on as it was not part of the proposed amendments. President Caldwell stated a cabaret
license was much different than a liquor license and should be allowed in the B-3 area as a
principal use. Mr. Sypinski asked if a vital downtown was based on alcohol services and
suggested the real vitality of downtown was that businesses should be compatible with each other
and part of the larger economic mix. Mr. Mehl stated that the item should be discussed at a
different time.
President Caldwell asked for any other Board/Commission comments on page one.
Mr. Lieb asked for clarification of the 12 foot height requirement. Assistant Director Saunders
responded that mixed use/commercial buildings were required to have an adequate ceiling height
to accommodate any possible future uses. President Caldwell asked if there was any concern
regarding structure height from floor to floor. Assistant Director Saunders responded the height
was measured from floor to ceiling plate. Mr. Minnick asked if the height would be required in all
the B zoning designations and if there would be allowances made. Assistant Director Saunders
responded it would be required in all the B zoning designations and no allowances would be made
if the proposed text was adopted.
President Caldwell asked who would pay for the update of the historic inventory. Assistant
Director Saunders responded Staff was pursuing funds through grants as well as application fees
and the update itself could be contracted work. Mr. Sypinski added that there had been
discussion by the HPAB for volunteers to update the historic inventory. President Caldwell stated
it would add more review time for everyone’s project in that area of town. Assistant Director
Saunders responded he did not think it would increase the review time; as it stands now, the out
of date form slows the Planner down due to having to review previous files for background
information and the updated form might save some time.
President Caldwell stated there had been a suggestion from Ms. Kozub regarding 18.38.050.e and
the height of sidewalls. Mr. Mehl asked why the height had been decided upon at three feet.
Assistant Director Saunders responded it seemed more reasonable and Staff recognized the public
comment. Mr. Harned stated that, architecturally speaking, they could be attractive buildings, and
however, there were several he had seen that were very tall; he suggested an overall height
restriction be included instead of restricting only the height of the sidewall. President Caldwell
added it seemed relative to the mass of the structure and suggested a universal method would be
343
6
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
to reference plate height surrounding a structure; he noted an established plate height could be
used or utilize a thinner floor system. Mr. Henyon stated he agreed with President Caldwell.
18.18.060.b Vice Chairperson Minnick asked if there were any more comments on the minimum
height requirement within the B zoning designations. President Caldwell stated that as an
architect, and in reference to universal design, commercial buildings last for ~30 years and the
amendment would assist in the preservation and re-use of those buildings. Mr. Lieb noted it
would be a big added cost to developers. Mr. Harned stated he agreed with Mr. Minnick that a
12 foot ceiling height would be amazing, but he could think of places on Griffin Drive (like the
new licensing bureau) that a ten foot ceiling would be appropriate; he stated he did not think it
should be a blanket statement across zoning. President Caldwell noted the measurement was
from floor to floor and if they wanted a nine foot ceiling, there would be nothing to preclude the
design from accommodating the height. Mr. Lieb asked if that was why the twelve foot minimum
had been established. Assistant Director Saunders responded flexibility in re-use was part of it
and it was an idea seen increasingly often and cited the remodel of the Stiff building; he noted
material costs might be added, but the investment would be worth it.
Mr. Harned stated he was not supportive of the proposed language.
MOTION: Mr. Harned moved, Mr. Minnick seconded, to forward a recommendation of
approval for amendments 18.16.020 through 18.34.100 with the exclusion of 18.18.060. The
motion carried 2-1. Those voting aye being Vice Chairperson Minnick and Mr. Harned. Those
voting nay being Mr. Lieb.
MOTION: Ms. Swarthout moved, Mr. Sypinski seconded, to forward a recommendation of
approval for 18.16.020 through 18.34.100 with the exclusion of 18.18.060. The motion carried
8-0. Those voting aye being President Caldwell, Ms. Smith, Ms. Costakis, Ms. Swarthout, Mr.
Quinn, Mr. Mehl, Mr. Henyon, and Mr. Sypinski. Those voting nay being none.
President Caldwell asked for specific comments from members on amendments18.38.050.F -
18.62.010 with the exception of those comments relating to the sidewall height of accessory
dwelling units.
Mr. Henyon asked which zoning districts wind turbines were allowed in. Assistant Director
Saunders responded they would be an accessory use that could, theoretically, be allowed in any
district, but the larger turbines were only allowed in industrial/manufacturing zones. Mr. Lieb
asked for an example of what certain circumstances would be. Assistant Director Saunders
responded that if the wind turbine was mounted on the roof and under fifteen feet in height, the
turbine would be exempted from height restrictions but COA’s and Building Permits are still
required.
Mr. Sypinksi stated in 18.64.040.B the Planning Director had the authority to dictate the amount
of parking necessary for the use. Assistant Director Saunders responded that not every possible
use could be specifically listed and there was a formal appeal process if the Planning Director’s
administrative decision were protested. Mr. Sypinski asked if only the applicant could appeal the
344
7
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
Director’s decision. Assistant Director Saunders responded that anyone who could show that
they were an injured party could appeal the decision. Mr. Sypinski stated his concern was the
balance of parking requirements. Assistant Director Saunders responded Staff would take a
broader look at the parking requirements in general once the Growth Policy and Downtown Plan
were adopted. President Caldwell clarified the amendment was only in reference to uses that
were not clearly defined or classified. Mr. Sypinski noted the discussions regarding the
clarification of uses were relevant to the discussion. Assistant Director Saunders responded that,
as an example, an escort service was not included in the list of uses so the Planning Director
would determine the most similar use and gauge the requirements based on those facts. President
Caldwell added that as the downtown business plan comes forth, the chapter would be revisited
and would address many of the parking standards.
Ms. Smith stated she was opposed to proposed amendments18.52.140 and 18.52.150 to litter the
City of Bozeman with signage for the sake of a little bit of money; she stated she thought there
was too much messaging in the community and it was not worth what the City would get out of it
monetarily. She stated she disagreed with advertising for alcohol and tobacco in public parks and
suggested she would hate to see national alcohol and tobacco vendors in parks advertising their
products. Assistant Director Saunders responded the content of a sign could not be edited as it
became a constitutional issue; he noted if someone demonstrated an immediate public health and
safety issue the sign could be disallowed. He stated the City as landowner of the parks had more
restrictive powers than the land use regulation; the City can address the issue through its use
agreements. President Caldwell asked how off-premise signage could be disallowed. Assistant
Director Saunders responded it would be disallowed for everyone equally instead of pointing out
specific signs that would not be allowed. Mr. Henyon asked if pizza delivery vehicles would no
longer be allowed to put their signs on their vehicles. Assistant Director Saunders responded that
vehicles used for delivery purposes were technically on-premise signage. Mr. Leib stated he
agreed with Ms. Smith that signage should not be included on transit stops. Ms. Smith stated the
sense of place discussed in the Growth Policy would be negated with the installation of bus shelter
signage. Ms. Costakis stated she agreed with Ms. Smith that signage should not be allowed
unless the City could review the design, but she would like to see bus shelters in Bozeman.
Mr. Mehl stated that exceptions could be made but it seemed like two weeks was a long time for
an alcohol/tobacco sign to be up while children were in the neighborhood. Mr. Henyon stated the
federal tobacco settlement prohibits tobacco companies from advertising; he added the Budweiser
music tour could have the potential to come to Bozeman and a generator of economic
development would be eliminated. Ms. Smith responded a logo placement was different than
advertising an actual product. Mr. Mehl stated he would hate to see all the cultural activities
tossed out. President Caldwell clarified that product placement on public property could be
regulated. Assistant Director Saunders responded Staff had discussed the amendment with the
Parks Department to address those concerns. President Caldwell noted that specific references to
tobacco or alcohol products could not be banned from the UDO. Mr. Mehl stated he did not
want to concede that those signs couldn’t be specifically called out. Mr. Sypinski suggested
California had sign ordinances restricting alcohol and tobacco sign placement within a certain
number of feet from schools, churches, etc. and suggested the restriction be included in the UDO.
Ms. Swarthout suggested Staff consult with the City Attorney regarding specific language and
345
8
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
any constitutional muster; she suggested moving on. Mr. Harned stated he was supportive of
Staff seeking guidance from the City Attorney before the language was removed completely.
Mr. Mehl suggested the definition of City should be included for clarification. Assistant Director
Saunders responded that for conciseness, the City had been a general description to consolidate as
chapter 64 clearly defined who approves what type of application.
Ms. Swarthout asked if the WRB had hearings on the proposed changes to the UDO. Assistant
Director Saunders responded the WRB did not have hearings prior to this one. Ms. Swarthout
stated she was supportive of the proposed language in general, but wondered if there was some
impact on a member of the community that she was not aware of. Ms. Smith stated the last
sentence that applied to wetlands that are wholly manmade and asked what happened if the
manmade wetland had been in existence for 50 years. Assistant Director Saunders responded
things created by human action were excluded from the definition of wetlands. Mr. Mehl stated
the wetland parameters should be more evident and suggested including them in the document.
Assistant Director Saunders responded that information was contained in chapter 18.80 but
language could be included to reference that section.
President Caldwell asked for additional discussion or clarification on items 18.38.050F –
18.62.010.
Mr. Henyon asked if the necessary wetland permits should be referenced. Assistant Director
Saunders responded the first item of required materials listed in 18.78.020 included Wetlands
permits.
Ms. Kozub asked if there were any comments on the recommended language regarding the
elimination of section and replaces it with chapter in 18.52.050. Mr. Mehl asked her
recommendation for language. Ms. Kozub suggested government utility signs and directory signs
might be excluded if the language was adopted. Mr. Henyon stated he agreed with Ms. Kozub.
Mr. Mehl asked for Staff’s input. Assistant Director Saunders responded amendment provides a
process to determine applicability and functional issues (street vision triangles, comprehensive
sign plans, etc.); he added the City had typically taken the position that the City does not zone
signs within the right of way. Mr. Mehl asked what would be gained by changing the language.
Assistant Director Saunders responded it gave the City the opportunity to look at comprehensive
signage plans and the neighboring vicinity. Ms. Costakis stated she was in favor of what Ms.
Kozub suggested regarding pedestrian signage.
MOTION: Mr. Lieb moved, Mr. Harned seconded, to forward a recommendation of approval
for 18.38.050.F through 18.62.010 with the exclusion of 18.38.050.E., 18.40.030, 18.52.140, and
18.52.150. The motion carried 3-0. Those voting aye being Vice Chairperson Minnick, Mr.
Harned, and Mr. Lieb. Those voting nay being none.
President Caldwell stated he did not believe any of the items under the Planning Board’s purview
had been an issue.
346
9
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
MOTION: Ms. Smith moved, Mr. Mehl seconded, to forward a recommendation of approval to
the City Commission for 18.40.090, 18.42.030.k, 18.42.080, 18.42.150, and18.56. The motion
carried 8-0. Those voting aye being President Caldwell, Ms. Smith, Ms. Costakis, Ms.
Swarthout, Mr. Quinn, Mr. Mehl, and Mr. Sypinski. Those voting nay being none.
Mr. Henyon stated he would like to see the RSL lots reviewed by the City Commission and if they
were not working, he would like to see the sunset provision in place. President Caldwell stated he
thought RSL’s worked as it created a stratification in housing prices to supply a diverse housing
stock. Mr. Sypinski stated he was supportive of the flexibility provision, but did not support the
sunset provision in the language. Assistant Director Saunders responded that the amendment
would provide an opportunity for them to comment on RSL lots. Mr. Henyon stated he was
supportive of the Commission reconsidering RSL lots.
President Caldwell asked for specific items on the last page that would need discussion.
Mr. Mehl asked if in 18.76.030 what the implication of the revisions to noticing requirements.
Assistant Director Saunders responded the implications were only in the way it was advertised.
Mr. Mehl asked if the public agency exemption would be noticed in the paper and on the website.
Assistant Director Saunders responded it would be posted both places and posted on-site.
President Caldwell asked for any additional comments. None were forthcoming.
MOTION: Mr. Quinn moved, Mr. Mehl seconded, to forward a recommendation of approval to
the City Commission for 18.64.010 – 18.80.3170 as presented. The motion carried 8-0. Those
voting aye being President Caldwell, Ms. Smith, Ms. Costakis, Ms. Swarthout, Mr. Quinn, Mr.
Mehl, and Mr. Sypinski. Those voting nay being none.
MOTION: Vice Chairperson Minnick moved, Mr. Harned seconded, to forward a
recommendation of approval to the City Commission for 18.64.010 – 18.80.3170 as presented.
The motion carried 3-0. Those voting aye being Vice Chairperson Minnick, Mr. Harned, and Mr.
Lieb. Those voting nay being none.
MOTION: Vice Chairperson Minnick moved, Mr. Harned seconded, to forward a
recommendation to amend section 18.40.030 & 040 to define the wall height based on the height
of the structure instead of the sidewall, for items 18.52.140 & 18.42.150 to determine if there can
be an exclusion of signage for tobacco/alcohol and to not approve signage in transit shelters. The
motion carried 3-0. Those voting aye being Vice Chairperson Minnick, Mr. Harned, and Mr.
Lieb. Those voting nay being none.
Mr. Harned stated he would prefer to have both the signage amendments stricken from the UDO
with the City investigating another department’s enforcement of park signage before any action
on park signs.
ITEM 5. NEW BUSINESS
347
10
City of Bozeman Zoning Commission/Planning Board Minutes of April 21, 2009.
Mr. Henyon asked to be excused from the May 7, 2009 meeting.
ITEM 6. OLD BUSINESS
None was forthcoming.
ITEM 7. ADJOURNMENT
Seeing there was no further business before the Board/Commission, President Caldwell adjourned
the meeting at 9:51 p.m.
__________________________________ __________________________________
Brian Caldwell, President Chris Saunders, Assistant Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
__________________________________
Nathan Minnick, Vice President
Zoning Commission
City of Bozeman
348
ZONING COMMISSION AND PLANNING BOARD STAFF REPORT
UDO TEXT AMENDMENT FILE NO. #Z-08041
#Z-08041 UDO Text Amendment Staff Report 1
Item: Unified Development Ordinance Text Amendment Application #Z-08041, to
amend the text of the Unified Development Ordinance to clarify submittal
requirements and review procedures, conform to recent judicial rulings,
implement City Commission direction, and incorporate previous City actions
in other sections of the municipal code.
Applicant: Bozeman City Commission
P.O. Box 1230
Bozeman, MT 59771-1230
Representative: Department of Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
Date/Time: Before the Bozeman Zoning Commission and Bozeman Planning Board on
Tuesday, April 21, 2009 at 7:00 p.m. in the Community Room, Gallatin
County Courthouse, 311 West Main Street, Bozeman, Montana. Before the
Bozeman City Commission on Monday, May 11, 2009 at 6:00 p.m. in the
Commission Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Chris Saunders, Assistant Director of Planning and Community
Development
Recommendation: Approval
PROJECT LOCATION
The proposed edits are applicable throughout the legal boundaries of the City of Bozeman. This
amendment process does not alter the boundaries of zoning districts.
PROPOSAL AND BACKGROUND INFORMATION
Land use standards and procedures must be kept updated to accommodate changing community needs
and priorities, regulatory requirements, and changing knowledge. The City of Bozeman constantly
monitors its Unified Development Ordinance as it is applied to the community. Several changes have
been directed by the City Commission and others have been identified by the staff as probably
beneficial. The public review process for the draft amendment text allows evaluation of ideas and
refinement of specific text.
The table below lists the 50 major edits by section and summary description. Several times a single
adjustment to policy impact several different sections. The complete text of all edits is available for
review by the public. The columns titled ‘PB’ and ‘ZC’ stand for Planning Board and Zoning
349
#Z-08041 UDO Text Amendment Staff Report 2
Commission. As a unified code the adopted standards apply to both subdivision and zoning activity. Not
every change is of equal impact nor affect development in the same way. A * in the respective column
indicates a change that is particularly applicable to the duties of a particular board. Numerous smaller
changes are contained within the actual text which are not specifically called out below. The draft text
was made available to the public for review and public notice was given for the public hearings. Due to
the overlapping issues and for the sake of the public efficiency, a joint public hearing will be conducted
before the Zoning Commission and Planning Board.
Section
Number
PB ZC Edit
18.16.020 * Added footnote 9 to cross reference to the Accessory Dwelling Unit
section for increased clarity;
18.16.030 * Clarified lot area to floor area requirements for RSLs;
18.16.040 * Removed reference to modular lots, establish requirement for useable
lot area;
18.16.050 * Added statement about orientation of garage doors to the street;
18.18.020 * Remove gaming from allowed uses in the B-1, B-2, and B-3 districts,
Change Essential Service II from conditional to principal use. Allow
light good repair as an accessory use in the B-3 district, Added
footnotes 7 and 8 to Sales of Alcohol for on-premise which cross
references another existing BMC provision and limit future gaming.
18.18.040 * Removed reference to modular lots;
18.18.050 * Allow 0 foot side yard setback for shared parking facilities;
18.18.060 * New section to require 12 foot minimum ceiling heights in ground
floor in B districts;
18.20.020 * Reauthorize lumber yards and building materials sales as a Principal use
in M-1 & 2, inadvertently made a CUP when retail uses were
consolidated, Change Essential Services II from conditional to
principal use;
18.28.040 * Provide for updating of historic inventory forms in conjunction with a
certificate of appropriateness;
18.28.050 * Standards for COAs in the Conservation Overlay district. Specify
distinctions between standards applicable in NCOD overall and in
Historic District or Landmark status. Also incorporate cross references
relating to the City’s historic preservation tax credit program;
18.34.020 * Reword for greater clarity, no change to the classifications of site plans;
18.34.050 * Specify thresholds for when grading and other projects may be
classified as a sketch plan;
350
#Z-08041 UDO Text Amendment Staff Report 3
18.34.100 * Conditional Use Permit (CUP) termination provisions – How to
terminate a CUP either by abandonment or revoked for failure to
comply with conditions. Voluntary/involuntary options;
18.38.050.E * Revise half-story specification for accessory buildings to be defined by
a three foot sidewall;
18.38.050.F * Clarify that screening of mechanical equipments on roofs does not
apply to solar or wind power device;
18.38.060.A.7 * Explicitly exempt flag poles from setbacks;
18.38.060.D * Allow wind turbines to exceed height restrictions in zoning districts in
certain circumstances;
18.40.030 * Revise sidewall height for accessory dwelling units to correspond to
changes in accessory buildings, clarify application of garage location to
ADU in multi-household zoning districts;
18.40.090 * * Revise submittal of condominium documents and internal circulation
review;
18.40.110 * Revise process for review of complaints regarding home occupations;
18.40.210 * Clarify community center setbacks to apply in residential districts, and
entrance requirements;
18.42.030.K * Delete option for creation of modular lots;
18.42.080 * * Revise requirements for grading and drainage;
18.42.150 * * Revise timing for installation of street lights to be included with initial
development;
18.42.180 * * Restricted Size Lots - Provide 1% flexibility in lot size to facilitate
platting and strike sunset provision;
18.46.020 * Revise requirements for internal spaces in residential garages and
parking lot surfacing, lighting, and drainage control;
18.46.040.B * Add a statement that for all uses not specifically listed in the parking
table the Director will determine the appropriate number of required
parking stalls for the specific use that is not listed, Revise numbers of
parking stalls required for some uses, Revise benefits for transit
proximity and location in nodes;
18.46.040.C * Allow for reduction in provided non-residential parking when
provisions for alternative transportation are made;
18.46.040.E * Revise bicycle parking requirements;
18.52.030.E * Remove allowance for time and temperature and restrict electronic
signs;
18.52.050 * Revise application of exempt sign provisions;
351
#Z-08041 UDO Text Amendment Staff Report 4
18.52.140 * Revise off-premise signs to allow signage in transit shelters and
establish standards;
18.52.150 * Remove content restriction in park signage;
18.56 * * Revise wetlands review standards and procedures;
18.62.010 * * Revise duties and membership of the wetlands review board;
18.64.010 * Specify who conducts public agency exemption public hearings;
18.64.050 * * Revise provisions for permission to enter in conjunction with
development application;
18.64.100 * Revise site preparation to conform to stormwater plan permitting
requirements;
18.64.160 * * Revise notice of violation provisions and include civil penalties as an
enforcement option;
18.72.030 * * Revise enforcement provisions for covenants to require a public
meeting rather than a public hearing;
18.74.030.B * * Revision to street lighting requirements so street lights are installed as
part of street infrastructure. Installation of lights up front with SILD
for maintenance;
18.74.060 * * Include street lighting with restricted items in improvement
agreements;
18.76.020 * * Revise contents of public notices to remove maps in notices published
in the newspaper;
18.76.030 * * Allow for additional means of noticing when deemed necessary and
add posting for agency exemption hearings;
18.78.130 * * Revised submittal requirements for wetlands review;
18.80.470 * Revise definition of Casino;
18.80.3115 * * Add definition of usable lot area;
18.80.3170 * * Revise the definition of wetland.
REVIEW CRITERIA
The Zoning Commission and Planning Board have different criteria for their review established in
statute which are in turn mirrored in local ordinance. There is a significant amount of overlap of issues
of interest. The review criteria are presented here first for the Zoning Commission and then for the
Planning Board. The analysis notes that review criteria are met with the term ‘yes’, are not met with the
term ‘no’, or are not materially affected with the term ‘neutral’. This report is a summary.
Interpretation and application of the Unified Development Ordinance must take into account the
document as a whole. Therefore, the analysis is of the document as a whole as amended by the
suggested text revisions. If a substantial change is made then a particular point may be emphasized. To
352
#Z-08041 UDO Text Amendment Staff Report 5
prevent redundancy, when an earlier review criterion has addressed an issue a later review criterion
addressing the same issue may refer back to the prior answer.
Zoning Commission.
According to Section 18.70.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning
Commission shall cause to be made an investigation of facts bearing on each UDO text amendment
application. The Zoning Commission must provide necessary information to assure that the action of
each UDO text amendment application is consistent with the intent and purpose of the UDO.
Specifically, the investigation must address the following criteria as required in Section 76-2-304,
Montana Code Annotated.
A. Consistency with the City’s growth policy.
Yes. The proposed amendments advance clarity and effectiveness in the City’s primary growth
policy implementation tool. The amendments encourage development patterns and character that
is consistent with the central organizing principles of the land use and other chapters of the
growth policy. Amendments advance the development and use of multi-modal transportation and
on-site power generation. Protection of the natural environment is also addressed.
B. Lessening of congestion in the streets.
Yes. The amendments to Chapter 46 specifically provide for incentives for multi-modal
transportation which lessens single occupant motor vehicle travel.
C. Securing safety from fire, panic and other dangers.
Neutral. Any redevelopment, adaptive reuse or historic preservation project will be subject to all
applicable building and fire codes to ensure safety from fire, panic, and other dangers.
Additionally, such projects will also be subject to applicable subdivision and zoning reviews,
further ensuring public health and safety. If, through these review processes, it is determined
that dangers to public health and safety cannot be adequately mitigated, the decision making
authorities have the ability to deny the project citing sections of the Unified Development
Ordinance other than those proposed herein for amendment. The addition of specific thresholds
for grading plan requirements will reduce risk from erosion.
D. Promotion of health and the general welfare.
Yes. The proposed amendments provide for an active and healthy community with reduced
traffic congestion, improved air quality, and healthy physical environment. Protection of
wetlands with clear and specific submittal requirements and procedures reduces flooding,
protects water quality, and helps ensure equitable treatment for all. Clear regulation of grading
reduces water pollution and injury to wildlife. Supporting the rehabilitation of historic properties
helps maintain healthy existing neighborhoods, reduces resource consumption, and avoids
community blight. Improved clarity of procedure for conditional use permits will improve
overall predictability of review and ensure that adequate provisions and conditions are imposed
to ensure uses can be compatible with the surrounding area. The enforcement provisions are
being enhanced to provide additional tools to work with property owners to comply with
353
#Z-08041 UDO Text Amendment Staff Report 6
regulations. This will promote health and the general welfare. Revised noticing procedures will
provide equal or better access by the public to information about development while reducing the
cost of development review.
E. Provision of adequate light and air.
Yes. The majority of these amendments do not affect the provision of adequate light and air.
Those which address location and size of accessory buildings do help provide open areas and sun
access to adjacent properties.
F. Prevention of overcrowding of land.
Neutral. These amendments are not altering requirements for lot coverage or building density.
With these amendments in place, underlying zoning and building regulations would still be in
effect to prevent the overcrowding of land.
G. Avoiding undue concentration of population.
Neutral. Undue concentration of population is a comparison of available services to support a
population in a defined area. These amendments have no material impact on allowed densities.
With these amendments in place, underlying zoning and building regulations would still be in
effect to prevent the undue concentration of population.
H. Facilitating the adequate provision of transportation, water, sewerage, schools, parks and
other public requirements.
Yes. These amendments do not change the adequate provision of water, sewerage, schools, parks
and other public requirements. They do affect the provision of street lighting in a timely manner.
The size, intensity, or performance standards are not altered. The provision of physical lighting
infrastructure with initial development will lessen long term costs and provide service on a more
timely basis. Placement of essential utility services is facilitated by revising the review
procedures for essential services II in commercial and industrial areas. With regard to the
adequate provision of transportation, see the response to Criteria B above.
I. Conserving the value of buildings.
Yes. These amendments provide direction for infill development, historic preservation, and
other adaptive reuse projects within the City limits. Such projects almost always involve reusing
existing structures, thereby conserving the value of buildings. The amendments facilitate review
based upon accurate information and support for existing programs which give incentives for
historic rehabilitation.
J. Reasonable consideration to the character of the district.
AND
K. Reasonable consideration to the peculiar suitability of the property for particular uses.
354
#Z-08041 UDO Text Amendment Staff Report 7
Yes. These amendments correct an inadvertent change to the industrial districts and restore
some uses to principal use status. The amendments support updating historical records so that
review of structures in the conservation overlay district is more effective and accurate. The
amendments carry out the City Commission’s intent in previously establishing a casino overlay
zoning district after public consideration and participation. Through these amendments, City
officials and landowners will be able to give reasonable consideration to the character of the
district, and to the peculiar suitability of the property for particular uses.
L. Encouraging the most appropriate use of land through the municipality.
Yes. These amendments, by clarifying historic rehabilitation review procedures provide a
significant incentive for developers to pursue these types of projects. This in turn will promote
investment in our historic neighborhoods and districts, and reuse of existing buildings throughout
the City. As a result, historic districts will be more invigorated, which will encourage the most
appropriate use of land through the municipality. See also Criterion K above.
Planning Board - Subdivision Purposes – Section 76-3-102 MCA.
1. Promote the public health, safety, and general welfare by regulating the subdivision of
land.
Yes. The increased clarity of wetland submittal requirements will improve the predictability and
transparency of the subdivision review process. Good submittals will enhance the ability of the
City to identify and mitigate as needed negative impacts from subdivision activities. As
discussed above, improvements in street lighting, grading, and similar items will improve
provision of services and thereby meet this criterion.
2. Prevent the overcrowding of land.
The UDO establishes standards for parking, surface area coverage, and other performance
standards to ensure that building mass, height, and other features may be adequately met on any
given parcel of land. As discussed in zoning criteria F and G, the proposed amendments are not
expected to materially change the standards addressing this issue.
3. Lessen congestion in the streets and highways.
Yes. The UDO contains a variety of transportation improvement standards designed to ensure the
provision of adequate transportation facilities and the functionality of those facilities. The UDO
also encourages alternative transportation modes such as walking, biking and transit. Some
clarifications are provided to update standards and references. See zoning criterion B.
4. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas,
ingress and egress, and other public improvements.
See item H under zoning criteria.
5. Require development in harmony with the natural environment.
Yes. The UDO contains a variety of requirements aimed at protecting the natural environment,
including: wetlands protection; watercourse setbacks; floodplain protection; requirements to
connect to City water and sewer service; prohibition of development on steep slopes and
355
#Z-08041 UDO Text Amendment Staff Report 8
ridgeline protection; and soil conservation provisions. The current revisions improves and
provides additional clarity regarding grading quantity and timing, permitting requirements, and
conformance with the City’s stormwater control standards. Additional clarification is provided
for wetland submittals to ensure that adequate and timely information is provided in the review
process. This enables conditions of approval and mitigation if needed to protect the natural
environment.
6. Protect the rights of property owners.
Yes. The UDO was crafted with the aim of balancing the rights of applicant property owners
with the need to protect the rights of other property owners and the health, safety and general
welfare of the community as a whole. This is reflected in the provisions of the ordinance
including, but not limited to, defined criteria and procedures for reviewing development
proposals, consistent noticing provisions that prevent delays in the review process, and clear
statements of purpose for the regulations. Revisions are regularly made after each legislative
session to incorporate any state law changes that affect this topic. The proposed changes revise
several sections for additional clarity and specificity which enhances protection of property
owners.
7. Require uniform monumentation of land subdivisions and transferring interests in real
property by reference to a plat or certificate of survey.
Neutral. The UDO requires compliance with the uniform standards for monumentation and the
preparation of final plats as outlined in the Administrative Rules of Montana (ARM). The
ARMs are prepared by the state agency with responsibility to administer a given Montana law.
The ARMs set forth how the responsible state agency will administer the law. No changes have
been proposed relating to this criterion.
Subdivision Purposes – Section 76-3-501 MCA. Requires local governments to adopt regulations
that reasonably provide for:
1. Orderly development within the jurisdictional area.
Neutral. The UDO has previously been reviewed and found to meet this criterion. The proposed
changes do not affect this area.
2. Coordination of roads within subdivided land with other roads, both existing and planned.
Yes. The UDO requires that the arrangement, type, extent, width, grade and location of all streets
be considered in relation to existing and planned streets. When a proposed development adjoins
undeveloped land, and access to the undeveloped land would reasonably pass through the new
development, the UDO requires that streets within the proposed development be arranged to
allow the suitable development of the adjoining undeveloped land. The UDO also requires that
developers arrange streets to provide for the continuation of streets 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. Dedication of land for roadways and for public utility easements.
356
#Z-08041 UDO Text Amendment Staff Report 9
Neutral. The UDO requires that all streets either be dedicated rights-of-ways or be private streets
with a public access easement. The UDO requires the provision of utility easements for both
public and private utilities. No material changes were made with these amendments.
4. Improvement of roads.
Neutral. The UDO contains standards for the arrangement, type, extent, width, grade, location,
design and construction of streets and roads. No material changes were made with these
amendments. Increased clarity of timing and procedures for installing street lighting (not traffic
signals) has been included. The amendments do not change the amount, location, or intensity of
lighting.
5. Provision of adequate open spaces for travel, light, air and recreation.
Neutral. The provision of parks provides for light, air and recreation. The UDO also allows
planned unit developments which can include an open space component for the provision of
light, air and recreation. Finally, the UDO requires the provision of recreation and transportation
pathways as open spaces for travel. These amendments do not change these standards. See
zoning criteria E.
6. Adequate transportation, water and drainage.
Yes. The UDO contains standards for the provision of transportation, water and drainage
facilities. In addition, the UDO requires compliance with adopted transportation, water and
stormwater facility plans. The revisions regarding grading will improve predictability in
processing of applications.
7. Regulation of sanitary facilities, subject to section 76-3-511 MCA.
Neutral. The UDO contains standards for the provision of sewer facilities. In addition, the UDO
requires compliance with state requirements regarding sanitary facilities and with the adopted
sewer facility plan. No material changes are proposed with these amendments.
8. Avoidance or minimization of congestion.
Yes. The UDO contains a variety of transportation improvement standards designed to ensure the
provision of adequate transportation facilities and the functionality of those facilities. The UDO
also encourages alternative transportation modes such as walking, biking and transit. The current
set of edits to encourage use of alternate modes of travel. See zoning criterion B.
9. Avoidance of subdivision which would involve unnecessary environmental degradation and
the avoidance of danger or injury to health, safety, or welfare by reason of nature hazard
or the lack of water, drainage, access, transportation, or other public services or would
necessitate an excessive expenditure of public funds for the supply of such services.
Yes. The UDO contains a variety of requirements aimed at protecting public health, safety and
welfare from natural hazards, including: wetlands protection; watercourse setbacks; floodplain
protection; requirements to connect to City water and sewer service; prohibition of development
on steep slopes and ridgeline protection; and soil conservation provisions. These provisions also
minimize public costs. The UDO contains standards for the provision of transportation, water
357
#Z-08041 UDO Text Amendment Staff Report 10
and drainage facilities. In addition, the UDO requires compliance with relevant state
requirements as well as adopted transportation, water and stormwater facility plans. Additional
clarity regarding standards for wetlands, grading and erosion control, and improved regulatory
enforcement provisions will address this criterion.
STAFF FINDINGS/CONCLUSION
Planning Staff has reviewed this application for a Unified Development Ordinance text amendment
against the criteria set forth in statute and reflected in the Unified Development Ordinance. Staff’s
analysis finds that this application satisfies the required criteria. Based on the evaluation of said criteria
and findings by the Planning Staff, staff recommends APPROVAL of the requested amendment.
Pursuant to Sections 76-2-304, 76-3-103, and 76-3-501, Montana Codes Annotated, the Zoning
Commission and Planning Board shall review the Unified Development Ordinance text amendment
application to determine if the proposed zoning change meets the requirements of the Adopted Growth
Policy, state statute, and other adopted state and local ordinances. The Zoning Commission and
Planning Board shall act to recommend approval or denial of the Unified Development Ordinance text
amendment. The recommendation of the Bozeman Zoning Commission and Planning Board will be
forwarded to the Bozeman City Commission for consideration at its public hearing on May 11, 2009.
The City Commission will make the final decision on the application.
PUBLIC COMMENT
No public comment had been received when this report was prepared.
In the case of protest against these changes signed by the owners of 25% or more of either of the
area of the lots included in the proposed change; or those lots 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.
ATTACHMENTS
Application
Complete text of proposed amendments
358
1
ORDINANCE NO. 1761
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING TITLE 18 OF THE BOZEMAN MUNICIPAL CODE (THE
UNIFIED DEVELOPMENT ORDINANCE) REVISING DEVELOPMENT
PROCEDURES, AMENDING AND ESTABLISHING DEFINITIONS, ESTABLISHING
CATEGORIES OF USES, AND AMENDING DEVELOPMENT STANDARDS.
WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance
which establishes common standards for both zoning and subdivision development; and
WHEREAS, the proposed Unified Development Ordinance text amendment
application has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission and Bozeman Planning Board held a
joint public hearing on April 21, 2009 to receive and review all written and oral testimony on the
request for a Unified Development Ordinance text amendment; and
WHEREAS, as shown in Zoning Commission Resolution Z-08041, the Bozeman
Zoning Commission recommended to the Bozeman City Commission that some of the Unified
Development Ordinance text amendments be approved and others not be approved; and
WHEREAS, as shown in Planning Board Resolution Z-08041, the Bozeman Planning
Board recommended to the Bozeman City Commission that some of the Unified Development
Ordinance text amendments be approved and others not be approved; and
WHEREAS, after proper notice, the City Commission held it’s public hearing on May
11, 2009, to receive and review all written and oral testimony on the request for a text
amendment to the Unified Development Ordinance; and
WHEREAS, the City Commission has reviewed and considered the relevant Unified
Development Ordinance text amendment criteria established in Section 76-2-304, M.C.A., and
359
2
found the proposed Unified Development Ordinance text amendment to be in compliance with
the purposes of the title as locally adopted in Section 18.02.040, BMC; and
WHEREAS, the City Commission has reviewed and considered the purposes of
subdivision regulations established in Sections 76-3-102 and 76-3-501 M.C.A. and locally
incorporated in Section 18.02.040, Unified Development Ordinance, and found the proposed
Unified Development Ordinance text amendment to be in compliance with the purposes of
Section 18.02.040, BMC; and
WHEREAS, at its public hearing held on May 11, 2009, the City Commission found
that the proposed Unified Development Ordinance text amendment would be in compliance with
Bozeman’s adopted growth policy and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
Bozeman, Montana, upon a vote of ____ to ____, that:
Section 1
Chapter 18.16 of the Unified Development Ordinance be amended as follows:
See Exhibit A
Section 2
Chapter 18.18 of the Unified Development Ordinance be amended as follows:
See Exhibit B
Section 3
Chapter 18.20 of the Unified Development Ordinance be amended as follows:
See Exhibit C
Section 4
Chapter 18.28 of the Unified Development Ordinance be amended as follows:
360
3
See Exhibit D
Section 5
Chapter 18.34 of the Unified Development Ordinance be amended as follows:
See Exhibit E
Section 6
Chapter 18.38 of the Unified Development Ordinance be amended as follows:
See Exhibit F
Section 7
Chapter 18.40 of the Unified Development Ordinance be amended as follows:
See Exhibit G
Section 8
Chapter 18.42 of the Unified Development Ordinance be amended as follows:
See Exhibit H
Section 9
Chapter 18.46 of the Unified Development Ordinance be amended as follows:
See Exhibit I
Section 10
Chapter 18.52 of the Unified Development Ordinance be amended as follows:
See Exhibit J
Section 11
Chapter 18.56 of the Unified Development Ordinance be amended as follows:
See Exhibit K
361
4
Section 12
Chapter 18.62 of the Unified Development Ordinance be amended as follows:
See Exhibit L
Section 13
Chapter 18.64 of the Unified Development Ordinance be amended as follows:
See Exhibit M
Section 14
Chapter 18.72 of the Unified Development Ordinance be amended as follows:
See Exhibit N
Section 15
Chapter 18.74 of the Unified Development Ordinance be amended as follows:
See Exhibit O
Section 16
Chapter 18.76 of the Unified Development Ordinance be amended as follows:
See Exhibit P
Section 17
Chapter 18.78 of the Unified Development Ordinance be amended as follows:
See Exhibit Q
Section 18
Chapter 18.80 of the Unified Development Ordinance be amended as follows:
See Exhibit R
362
5
Section 19
Severability.
If any provision of this ordinance or the application thereof to any person or
circumstances is held invalid, such invalidity shall not affect the other provisions of this growth
policy which may be given effect without the invalid provision or application and, to this end, the
provisions of this growth policy are declared to be severable.
Section 20
Savings Provision.
This growth policy does not affect the rights of duties that matured, penalties and
assessments that were incurred or proceedings that began before the effective date of this resolution.
Section 21
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a
regular session thereof held on the ____ day of ___________________ 2009.
______________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________
STACY ULMEN, CMC
City Clerk
363
6
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the City of
Bozeman, Montana, on second reading, at a regular session thereof held on the ____ day of
________________ 2009.
______________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
______________________________
GREG SULLIVAN
City Attorney
364
Ordinance # 1761. page 16-1
CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. 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 rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts. All
development is subject to §18.02.050, BMC.
A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space,
resource protection and primarily single-household development in circumstances where
environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of Chapter 18.36, BMC, Planned
Unit Development, and shall be developed in compliance with the adopted Bozeman growth
policy.
B. The intent of the R-1, Residential Single-household, Low Density district is to provide for
primarily single-household residential development and related uses within the City at urban
densities, and to provide for such community facilities and services as will serve the area’s
residents while respecting the residential character and quality of the area.
C. The intent of the R-2, Residential Two-household, Medium 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, and for community facilities to serve such
development while respecting the residential quality and nature of the area.
D. 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. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
E. 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 will provide for a variety of compatible housing types to serve the varying needs
of the community’s residents. The net density, as defined in Chapter 18.80, BMC, for new
developments shall be 8 dwellings per acre or greater. Although some office use is permitted, it
shall remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.
F. 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. 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.
365
Ordinance # 1761. page 16-2
G. The intent of the RMH, Residential Manufactured Home Community district is to provide for
manufactured home community development and directly related complementary uses within
the City at a density and character compatible with adjacent development. The district is
intended to be residential in character and consistent with the standards for other forms of
residential development permitted by this title.
18.16.020 AUTHORIZED USES
A. Uses in the various residential districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A” and uses which are not permitted with the district are indicated by a “-”.
B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC.
Table 16-1
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units8, 9 C C P P P P -
Agricultural uses on 2.5 acres or more2 P - - - - - -
Agricultural uses on less than 2.5 acres2 C - - - - - -
Apartments/Apartment Building, as defined in
Chapter 18.80 - - - - P P -
Assisted living/elderly care facilities - - - C C P -
Bed and breakfast C - C C P P -
Commercial stable C - - - - - -
Community centers C C C C C P C
Community residential facilities (with more than
four residents) C C C P P P C
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C - - - - - C
Extended stay lodgings - - - - P P -
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses - - - C P P -
Golf courses C C C - - - C
Greenhouses A A A A A A -
Group day care home P P P P P P P
Guesthouses A A A A A A -
366
Ordinance # 1761. page 16-3
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Home based businesses5 A/C A/C A/C A/C A/C A/C A/C
Lodging houses - - - C P P -
Offices - - - - C3 P -
Other buildings and structures typically accessory
to authorized uses A A A A A A A
Private garages A A A A A A A
Private or jointly owned community center or
recreational facilities A A A A A A A
Private storm water control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C4
Public and private parks P P P P P P P
Manufactured homes on permanent foundations1 P P P P P P P
Manufactured home communities - - - - - - P
Medical offices, clinics, and centers - - - - C P -
Recreational vehicle parks C - - - - - P
Signs, subject to Chapter 18.52, BMC A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to
construction work A A A A A A A
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling - - - P P P -
Two-household dwelling - - P P P P -
Townhouses (two attached units) P7 P7 P P P P P7
Townhouses (five attached units or less) - - - P6 P P -
Townhouses (more than five attached units) - - - - P P -
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per Chapter
18.36, BMC C C C C C C C
Veterinary uses C - - - - - -
Notes:
1Manufactured homes are subject to the standards of §18.40.130, BMC.
2Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set
forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl
(ducks, geese, turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the
requirements of this section.
3Only when in conjunction with dwellings.
367
Ordinance # 1761. page 16-4
4Storage for more than three recreational vehicles or boats.
5Home based businesses are subject to the terms and thresholds of §18.40.110, BMC.
6In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of Title 17, Chapter 2, BMC,
Affordable Housing. May only be utilized in developments subject to Chapter 17.02, BMC,
8Not permitted on reduced size lots for work force housing as described in Chapter 17.02, BMC.
9Accessory Dwelling Units in the RS and R1 Districts, shall be permitted to be placed above garages only in subdivisions receiving preliminary plat
approval after January 1, 1997.
18.16.030 LOT COVERAGE AND FLOOR AREA
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review
procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman
growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall
be covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed
uses in the R-O district.
5. In all residential zoning districts for those lots used to satisfy the requirements of
Chapter 17.02 BMC not more than 60 percent of the lot area shall be covered by
principal and accessory buildings. When a larger lot has a portion of its total dwellings
subject to the requirements of Chapter 17.02, BMC, either directly or inherited from an
previous subdivision, the portion used for those dwellings may have up to 60 percent of
the lot area covered by principal and accessory buildings.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
C. The total floor area of the unit built on a lot subject to the provisions of §18.42.180, Provision
of Restricted Size Lots and Units, (excluding area used for a garage) shall not exceed a floor area
ratio of 1:3.3. The lot area component of the calculation is the smallest area allowed for the type
of home per §18.42.180. For example, if the lot is 5,000 square feet the square footage of the
house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of
lot area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These
minimums assume a lack of development constraints. Each lot must have a usable lot area of at
least 50% of the total lot area:
Table 16-2
Lot Area Table Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph
C below 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Single-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02, 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008 2,7008
368
Ordinance # 1761. page 16-5
Lot Area Table Minimum Lot Area in Square Feet1
R-S R-1 R-2 R-3 R-4 R-O RMH
BMC)7
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
- - 2,500 2,500 2,500 2,500 -
Lot area per dwelling in three- or four-household
dwelling configurations - - - 3,000 3,000 3,000 -
Lot area per dwelling in three- or four-household
dwelling configurations (only for dwellings to
satisfy minimum requirements of Chapter 17.02,
BMC)7
- - - 2,500 2,500 2,500 -
Townhouses - - 3,0006 3,0002 3,0002 3,0002 -
Townhouses (only for dwellings to satisfy
minimum requirements of Chapter 17.02, BMC) 7 2,500 2,500 2,500 2,500 2,500 2,500 2,500
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the first - - - - 1,200 1,200 -
Apartments - each dwelling after the first (only for
dwellings to satisfy minimum requirements of
Chapter 17.02, BMC) 7
- - - - 900 900 -
Additional area required for an accessory dwelling
unit3 1,0004 1,000 1,0005 1,0005 1,0005 1,0005 -
All other uses 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001 5,0001
Notes:
1In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots,
parking, landscaping or large residential structures, 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.
2For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet.
3As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC.
4Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
5Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
6Per townhouse lot.
7May only be utilized in developments subject to Chapter 17.02, BMC.
8 A larger lot size may be required to comply with the requirements of Section 17.02.050, table Mix and Price of Dwelling Units
B. All lots shall have a minimum width as set forth in the table below. These minimums assume a
lack of development constraints
Table 16-3
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph C below 50 50 50 50 50 50
369
Ordinance # 1761. page 16-6
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling (only for
dwellings to satisfy requirements of
Chapter 17.02, BMC)
See Paragraph C below 30 30 30 30 30 30
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit1 50 50 60 60 60 60 -
Dwellings in three- or four-household
dwelling configurations - - - 60 60 60 -
Townhouses 30 30 30 Width of
interior units
Width of
interior units
Width of
interior units -
All other uses See Paragraph C below 50 50 50 50 50 50
Notes:
1Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
C. Lot Area and Width for R-S, Residential Suburban Lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the
adopted Bozeman growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system
shall be considered nonconforming lots if less than one acre in area and/or 100 feet in
width and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a
community water and/or sewer system shall be considered nonconforming lots if less
than one-half acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are
described in §18.36.090.E.2.b(6), BMC.
E. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they
shall be developed in combination adequate to meet the width requirements of subsections A
and B of this section.
18.16.050 YARDS
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
b. Adjacent to collector streets as designated in the Bozeman growth policy - 20
feet
c. Adjacent to local streets - 15 feet
2. Rear yard - 20 feet
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
3. Side yard - 5 feet; or 0 feet for interior walls of townhouses.
370
Ordinance # 1761. page 16-7
4. 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 title.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of these regulations:
a. Front yard - 35 feet
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100
feet from any residence or public road and not less than 50 feet from any property line.
C. When a lot has 1 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 yard
shall be provided.
D All yards are subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100 and
§18.48.100, BMC.
18.16.060 BUILDING HEIGHT
Maximum building height for each residential district shall be as follows:
Table 16-4
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
18.16.070 RESIDENTIAL GARAGES
Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal façade shall
include all wall areas parallel to the garage door(s).
Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged when they are compatible with the existing neighborhood development pattern. Vehicular
garage access on non-principal facades and/or alleys is also encouraged.
371
Ordinance # 1761. page 16-8
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
occupations. In addition, manufactured home communities will be subject to the following general
requirements:
A. Minimum Area for Manufactured Home Community District.
1. The minimum total RMH district area shall be no less than 10 acres unless the applicant
can show that the minimum area requirements should be waived because the waiver
would be in the public interest and that one or both of the following conditions exist:
a. Unusual physical features of the property itself or of the surrounding area such
that development under the standard provisions of this title would not be
appropriate in order to conserve a physical or terrain feature of importance to
the neighborhood or community; or
b. The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the
amenities of the area.
2. Waiver of the 10 acre minimum may only be granted by the City Commission.
372
Ordinance # 1761. page 18-1
CHAPTER 18.18
COMMERCIAL ZONING DISTRICTS
18.18.010 INTENT AND PURPOSE OF COMMERCIAL ZONING DISTRICTS
The intent and purposes of the commercial zoning districts are to establish areas within Bozeman 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 title are met and any applicable conditions of approval have been satisfied.
Additional requirements for development apply within overlay districts.
A. 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. Development scale and pedestrian orientation are important
elements of this district.
B. 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.
C. The intent of the B-3 central business district is to provide a central area for the community’s
business, government service and cultural activities. Uses within this district should be
appropriate to such a focal center with inappropriate uses being excluded. Room should be
provided in appropriate areas for logical and planned expansion of the present district.
1. It is the intent of this district to encourage high volume, pedestrian-oriented uses in
ground floor space in the “core area” of Bozeman’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 B-3 area outside the above defined core.
18.18.020 AUTHORIZED USES
A. Uses in the various commercial districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A”, and uses which are not permitted within the district are indicated by a “-”. A particular
proposed development or use may fall under more than one listed category with different review
processes. In such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80,
BMC. 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 Chapter 18.40, BMC.
C. Additional uses for telecommunications are established in Chapter 18.54, BMC.
373
Ordinance # 1761. page 18-2
Table 18-1
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Ambulance service - P P
Apartments and Apartment buildings6, as defined in this title P P 1/C P 3
Arts and entertainment center, as defined in this title P P P
Assisted living/elderly care facilities - C -
Automobile fuel sales or repair, as defined in this title C C C
Automobile parking lot or garage (public or private) P P P
Automobile washing establishment C P C
Banks and other financial institutions P P P
Business, technical or vocational school - C P 3
Bus terminals - C C
Community centers P P P 3
Convenience uses C P C
Convenience use restaurant P P P
Day care centers P P P
Essential services (Type I) P P P
Essential services (Type II) - CP CP
Extended- stay lodgings - P P
Food processing facilities - C -
Frozen food storage and locker rental - P -
Health and exercise establishments P 1/C P P
Hospitals - P C
Hotel or motel - P P
Laboratories, research and diagnostic - P P 3
Laundry, dry cleaning - C C
Light goods repair, as defined in this title - C -A
Lodging houses - C C 3
Manufacturing, light and completely indoors - C -
Mortuary - C C
374
Ordinance # 1761. page 18-3
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Museum - C C
Medical and dental clinics P 1/C P P
Meeting hall - P P
Offices, as defined in this title P 1/C P P 3
Other buildings and structures typically accessory to permitted uses A A A
Parking facilities P P P3
Personal and convenience services, as defined in this title P P P
Pet grooming shop P P P
Printing offices and publishing establishments - - C
Private club, fraternity, sorority or lodge - P P
Public buildings P P P
Refuse and recycling containers A A A
Research laboratories - P P
Restaurants P5 P P
Retail uses, as defined in this title P 2 P 2 P 2
Retail, large scale - P -
Sales of alcohol for on-premise consumption7, 8 C C C
Sign paint shops (not including neon sign fabrication) - P C
Upholstery shops (excluding on site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring
overnight storage)
- P P 3
Veterinary clinic - C -
Wholesale distributors with on-premise retail outlets, providing
warehousing is limited to commodities which are sold on the
premises
- C -
Wholesale establishments that use samples, but do not stock on
premises - P P
Any use, except adult businesses and casinos approved as part of a
planned unit development subject to the provisions of Chapter 18.36,
BMC
C C C
Notes:
1When located on the second or subsequent floor, or basement as defined in Chapter 18.80, BMC.
2Excluding adult businesses, and large scale retail, as they are defined in Chapter 18.80, BMC.
3Except on ground floor in the core area as defined in this chapter.
4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this chapter.
5Exclusive of drive-ins.
375
Ordinance # 1761. page 18-4
6May be subject to the provisions of Chapter 17.02, BMC
7Also subject to Chapter 5.12, BMC.
8 Excludes casinos or gaming for any site approved after [effective date of Ordinance 1760]
18.18.030 LOT COVERAGE AND FLOOR AREA
A. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, may be
occupied by the principal and accessory buildings. This title provides opportunities for parking
requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
18.18.040 LOT AREA AND WIDTH
A. All newly created lots shall have a minimum area adequate to provide for required yards and
parking but in no case shall they be less than:
1. B-1 - 5,000 square feet
2. B-2 - No minimum size
3. B-3 - No minimum size
B. Lot width for all newly created lots shall not be less than:
1. B-1 - 50 feet
2. B-2 - 100 feet, except in Conservation Overlay District shall have no minimum width
3. B-3 - No minimum width
C. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they
shall be developed in combination adequate to meet the width and area requirements of
subsections B.1 through 3.
18.18.050 YARDS
A. Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
Front yard – 7 feet, except along arterials where minimum is 25 feet
Rear yard – 10 feet
Side yards – 5 feet (except zero lot lines as allowed by §18.38.060, BMC)
2. Parking and loading areas:
Front yard – 25 feet
Rear yard – 10 feet1
Side yards – 8 feet1
1Side and rear yards for parking may be allowed to be 0 feet when coordinated parking arrangements between
adjacent properties is provided.
3. The purpose of differentiated yard setback requirements is to encourage the placement
and development of buildings in a manner to address the street and adjacent pedestrian
activity and encourage a vigorous and diverse streetscape.
4. All vehicle entrances into garages shall be no closer than 20 feet to a property line, unless
explicitly authorized otherwise under this title.
376
Ordinance # 1761. page 18-5
5. Rear and side yards adjacent to alleys shall be at least five feet.
B. Minimum yards required for the B-3 district are:
1. No minimum yards prescribed for the B-3 district except a 7-foot front yard shall be
required on Mendenhall and Babcock Streets.
2. Where at least 50 percent of a block (from cross-street to cross-street) in the B-3 district
is presently used for residential purposes the minimum yards established in Section
18.18.050.A shall be required.
3. Rear and side yards adjacent to alleys shall be at least five feet.
C. All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100,
and §18.48.100 BMC, when applicable.
18.18.060 BUILDING HEIGHT
Maximum building height for each commercial district shall be as follows:
A. In the B-1 district:
1. Roof pitch less than 3:12 – 34 feet
2. Roof pitch 3:12 or greater – 38 feet
B. In the B-2 district:
1. Roof pitch less than 3:12 – 38 feet
2. Roof pitch 3:12 or greater – 44 feet
3. Maximum height allowed by 1 and 2 above may be increased by up to a maximum of 50
percent when the B-2 zoning district is implementing a Regional Commercial and
Services growth policy land use designation.
4. Maximum height otherwise cumulatively allowed by this section may be increased by 30
percent through the approval of a conditional use permit, but only when the additional
height is a specifically identified purpose of the review.
C. In the B-3 district:
1. In the B-3 district core area – 55 feet
2. In the B-3 district outside of the core area – 70 feet
D. In all districts, all commercial floor space provided on the ground floor of a building shall have a
minimum floor-to-ceiling height of 12 feet.
377
Ordinance # 1761. page 20-1
CHAPTER 18.20
INDUSTRIAL ZONING DISTRICTS
18.20.010 INTENT AND PURPOSE OF INDUSTRIAL ZONING DISTRICTS
The intent and purposes of the industrial zoning districts is to establish areas within Bozeman 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 title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts.
A. 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. 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 Bozeman
residents.
C. 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.
18.20.020 AUTHORIZED USES
A. Uses in the various industrial districts are depicted in the table below. Principal uses are indicated
with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with an “A”,
and uses which are not permitted with the district are indicated by a “-”. A particular proposed
development may fall under more than one listed category with different review processes. In
such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and are defined in Chapter 18.80, BMC. 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 Chapter 18.40, BMC.
C. Additional telecommunication uses are established in Chapter 18.54, BMC.
Table 20-1
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Adult business1 - P1 P1
Ambulance service - P P
Amusement and recreational facilities - P C
378
Ordinance # 1761. page 20-2
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Animal shelters - C C
Automobile, boat or recreational vehicle sales, service and/or rental - P P
Automobile fuel sale or repair, as defined in this title - P P
Automobile parking lot or garage (public or private) P/A2 P/A2 P/A2
Automobile washing establishment - P P
Banks and other financial institutions C P C
Building Materials – P P
Community center, as defined in this title P P P
Day care center C/A3 C/A3 C/A3
Food processing facility - P P
Essential services (Type I) P P P
Essential services (Type II) CP CP P
Fences A A A
Health and exercise establishments C P P
Hospitals P - -
Hotel or motel - P P
Junk salvage or automobile reduction/salvage yards - - C
Laboratories, research and diagnostic P P P
Light goods repair, as defined in this title - P P
Manufacturing, light P4 P4 P
Manufacturing or industrial uses of all types if in compliance with all provisions of this title
unless otherwise stated in this section. - - P
Medical clinics P P P
Offices, as defined in this title P5 P P
Other buildings and structures typically accessory to permitted uses A A A
Outside storage -/A6 P/A6 P/A6
Personal and convenience services, as defined in this title - C C
Personnel service facilities providing services, education, food and convenience goods
primarily for those personnel employed in the principal use A A A
Production manufacturing and generation facilities (electric and gas) - - C
Public buildings P P P
379
Ordinance # 1761. page 20-3
Table of Industrial Uses Permitted Uses
BP M-1 M-2
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 A A A
Residential use which is clearly accessory to the operation of a permitted principal or
conditional use7, 11 - A7, 11 A7, 11
Restaurant8 - P8 P8
Restaurants serving alcoholic beverages9 - C9 C9
Refuse and recycling containers A A A
Retail establishments other than principal uses listed in this section - C C
Signs10 A A A
Solid waste transfer station - - C
Temporary buildings and yards incidental to on-going construction work A A A
Truck, bus and rail terminal facilities - P P
Truck repair, washing, and fueling facilities - C P
Technology research establishments P P P
Trade schools - P P
Veterinary clinics P P P
Warehousing - P P
Warehousing, residential storage (mini warehousing) - P P
Any use, except casinos and retail, large scale, approved as part of a planned unit
development subject to the provisions of Chapter 18.36, BMC C C C
1Subject to the requirements of §18.40, BMC.
2As required by this title and meeting the standards of this title.
3If primarily offering services to a single business or group of businesses within the same building or building complex.
4Completely enclosed within a building.
5Professional and business offices only.
6Only if accessory to a principal use and if screened from the street and surrounding properties by a solid fence or dense plantings at least 6 feet in
height.
7For the purposes of this section, accessory means less than 50 percent of gross floor area of a building, and being generally located on the second or
subsequent floor.
8Occupying 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.
9Limited to 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.
10Subject to the requirements of Chapter 18.52, BMC.
11May be subject to the provisions of Chapter 17.02, BMC
380
Ordinance # 1761. page 20-4
18.20.030 LOT COVERAGE AND FLOOR AREA
A. In the M-1 and M-2 districts, the entire lot, exclusive of required yards and parking, may be
occupied by the principal and accessory buildings. This title provides opportunities for parking
requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
B. In the B-P district, not more than 60 percent of the total lot area shall be occupied by
impervious surfaces. The remaining 40 percent of the total lot area shall be landscaped as
defined in this title.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
18.20.040 LOT AREA AND WIDTH
A. All newly created lots shall have a minimum area adequate to provide for required yards and
parking but in no case shall they be less than:
1. In the M-1 district - 7,500 square feet
2. In the M-2 district - No minimum area
3. In the B-P district - 43,560 square feet
B. Lot width for all newly created lots shall not be less than:
1. In the M-1 district - 75 feet
2. In the M-2 district - 100 feet
3. In the B-P district - 150 feet
C. When new lots are created utilizing the modular lotting provisions of §18.42.030, BMC, they
shall be developed in combination adequate to meet the width and area requirements of this
section.
18.20.050 YARDS
A. Minimum yards required for the M-1 and M-2 districts are:
1. Structures (unless otherwise permitted by this title):
a. Front yard – 20 feet
b. Rear yard – 3 feet
c. Side yards – 3 feet (except zero lot lines as allowed by §18.38.060, BMC)
2. Parking and loading areas:
a. Front yard – 20 feet
b. Rear yard – 0 feet
c. Side yards – 0 feet
3. Rear and side yards adjacent to alleys shall be at least five feet.
B. Minimum yards required for the B-P district are:
1. Front yard – 25 feet
2. Rear yard – 20 feet
3. Side yards – 15 feet (except zero lot lines as allowed by section §18.38.060, BMC)
4. All yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear
and side yard requirements shall be increased 3 feet for each additional 5,000 square feet
381
Ordinance # 1761. page 20-5
over a total gross footprint area of 25,000 square feet, up to maximum requirement of 40
feet for rear and side yards and 50 feet for front yards.
5. Rear and side yards adjacent to alleys shall be at least five feet.
C. All yards shall be subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100,
and §18.48.100 BMC, when applicable.
18.20.060 BUILDING HEIGHT
Maximum building height for each industrial district shall be as follows:
A. In the M-1 and M-2 districts – 45 feet
B. In the B-P district:
1. Roof pitch less than 3:12 – 38 feet
2. Roof pitch 3:12 or greater – 44 feet
3. Maximum height otherwise allowed by 1 and 2 above may be increased by up to a
maximum of 50 percent when the B-P zoning district is implementing a Regional
Commercial and Services growth policy land use designation.
4. Maximum height otherwise cumulatively allowed by this section may be increased by 30
percent through the approval of a conditional use permit, but only when the additional
height is a specifically identified purpose of the review.
382
Ordinance # 1761. page 28-1
CHAPTER 18.28
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
18.28.010 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.
The recommendations of the Design Review Board or Administrative Design Review staff shall
be given careful consideration in the final action of the Planning Director or City Commission.
B. This chapter defines and sets 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. The neighboring community shall be provided notice and opportunity to comment
upon the proposed property improvements in accordance with Chapter 18.76, BMC. In
addition, aggrieved persons shall have the right to appeal any design review decision made under
the provisions of this chapter, in accordance with Chapter 18.66, BMC.
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 frequently may not be in compliance with conventional regulatory requirements.
This chapter recognizes that this diversity is a major contributing element of the historic
character of these neighborhoods or areas. The provisions of this chapter shall 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. This chapter 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
Bozeman citizens. It will be the policy and responsibility of the administrative entities of this
chapter to:
1. Protect, preserve, enhance and regulate 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;
383
Ordinance # 1761. page 28-2
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;
3. Develop and maintain the appropriate environment for buildings, structures, sites and
areas, that reflect varied planning and architectural styles and distinguished phases of
Bozeman’s history and prehistory;
4. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of Bozeman’s heritage, and cultivate civic pride
in the accomplishments of the past;
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; and
6. Provide the neighboring community with notice and opportunity to comment upon the
proposed property improvements in accordance with Chapter 18.76, BMC, with the
exception of certain sketch plan applications with potentially little neighborhood impact,
and to further provide aggrieved persons with the right to appeal review decisions made
under the provisions of this chapter, in accordance with Chapter 18.66, BMC.
18.28.020 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF
POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS
It is intended that the Design Review Board and Administrative Design Review staff will review and
make recommendations to the City Commission or Planning Director 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.
In carrying out this mission, in addition to the duties established in Chapter 18.62, BMC, the Design
Review Board and Administrative Design Review staff shall have the duty to 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.
18.28.030 CONSERVATION DISTRICT DESIGNATION OR RECISION
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 Chapter 2.80, BMC, Historic Preservation
Advisory Board, and Chapters 18.68 and 18.70, BMC, Text Amendments and Zoning Map
Amendments. Property owner concurrence is necessary for the designation or recision of landmark
status.
18.28.040 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the City Commission
after recommendation by the Administrative Design Review staff or Design Review Board, shall be
384
Ordinance # 1761. page 28-3
required before any and all alteration(s) other than repair as defined in Chapter 18.80, are undertaken
upon any structure in the conservation district. For alterations not requiring City Commission approval,
compliance with the Planning Director’s decisions will be mandatory subject to appeal to the City
Commission as set forth in Chapter 18.66, BMC. The Montana Historical and Architectural Inventory
Form shall be reviewed and, if necessary, updated by the historic preservation staff to reflect current
conditions on the site, prior to the review of the proposal. Application procedures are as follows:
A. No building, demolition, conditional use, sign or moving permit shall 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.
B. Application, review and public notice procedures for proposals located within the conservation
district are set forth in Chapter 18.34, BMC, Review Procedures for Site Development, Chapter
18.62, BMC, Development Review Committee, Design Review Board, Administrative Design
Review and Wetlands Review Board and Chapter 18.76, BMC, Noticing. If the demolition or
movement of structures or sites subject to the conservation district requirements is proposed,
the procedures in §18.28.080, BMC shall apply.
C. A denial of a certificate of appropriateness shall be accompanied by a written statement of
reasons for the denial.
D. The architectural designs of individual workforce housing units used to satisfy the requirements
of Section 17.02.030, BMC and meeting the requirements of Section 17.02.060.A.13, BMC are
exempt from the review requirements of this chapter. This exemption does not extend to
removal or alterations of existing structures.
18.28.050 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
A. All work performed in completion of an approved certificate of appropriateness shall be in
conformance with the most recent edition of the Secretary of Interior’s Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Historic Buildings (Published 1995), 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 Planning 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, shall focus upon the following:
l. 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;
7. Architectural details;
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
9. Materials and color schemes (any requirements or conditions imposed regarding color
schemes shall 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).
385
Ordinance # 1761. page 28-4
C. Contemporary, nonperiod and innovative design of new structures and additions to existing
structures shall be 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-C, the review authority shall be guided by the
Design Guidelines for the Neighborhood Conservation Overlay District which are hereby
incorporated by this reference. 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 of new structures or addition to existing structure, the review
authority shall 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 title.
F. Tax abatement Certificate of Appropriateness applications are also reviewed with the procedures
and standards established in Chapter 3.30, BMC.
18.28.060 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN CONSERVATION DISTRICTS
Applications for certificates of appropriateness shall be made in conjunction with applications for site
plan approval in accordance with Chapter 18.34, BMC of this title. Where development projects in the
conservation district require only sketch plan review as per Chapter 18.34, BMC (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 shall be made on a form provided by the Planning Department, and shall include the
information and material as set forth in Chapter 18.78, BMC.
18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, many buildings within the conservation district do not conform to contemporary zoning
standards. In order to encourage restoration and rehabilitation activity that would contribute to the
overall historic character of the community, deviations from underlying zoning requirements may be
granted by the City Commission after considering the recommendations of the Design Review Board or
Administrative Design Review staff. The criteria for granting deviations from the underlying zoning
requirements are:
A. Modifications shall be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in §18.28.050 of this chapter, than would be
achieved under a literal enforcement of this title;
B. Modifications will have minimal adverse effect on abutting properties or the permitted uses
thereof; and
C. Modifications shall 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 chapter.
386
Ordinance # 1761. page 28-5
18.28.080 DEMOLITION OR MOVEMENT OF STRUCTURES OR SITES WITHIN THE
CONSERVATION DISTRICT
The demolition or movement of any structure or site within the conservation district shall be subject to
the provisions of this chapter and section. The review procedures and criteria for the demolition or
movement of any structure or site within the conservation district are as follows:
A. Applications for the demolition or movement of structures within the conservation district will
not be accepted without a complete submittal for the subsequent development or treatment of
the site after the demolition or movement has occurred. The subsequent development or
treatment must be approved before a demolition or moving permit may be issued.
B. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as intrusive or neutral elements by the Montana Historical and
Architectural Inventory, and are not within recognized historic districts or in other ways listed
on the National Register of Historic Places, shall be subject to approval by the Planning Director
after review and recommendation of Administrative Design Review staff or Design Review
Board as per Chapters 18.34 and 18.62, BMC, and the standards outlined in §18.28.050, BMC.
The Montana Historical and Architectural Inventory Form shall be reviewed and, if necessary,
updated by the Hhistoric Ppreservation Plannerstaff to reflect current conditions on the site,
prior to the review of the demolition or movement proposal. The final approval authority for
the demolition or movement of structures or sites described within this section shall rest with
the City Commission when proposed in conjunction with a deviation, variance, conditional use
permit or planned unit development application.
C. The demolition or movement of conservation district principal and accessory structures or sites,
which are designated as contributing elements by the Montana Historical and Architectural
Inventory, and all properties within historic districts and all landmarks, shall be subject to
approval by the City Commission, through a public hearing. Notice of the public hearing before
the City Commission shall be provided in accordance with Chapter 18.76, BMC. Prior to
holding the public hearing, the City Commission shall receive a recommendation from
Administrative Design Review staff and the Design Review Board. The Montana Historical and
Architectural Inventory Form shall be reviewed and, if necessary, updated by the Hhistoric
Ppreservation Planner staff to reflect current conditions on the site, prior to the review of the
demolition or movement proposal. The final approval authority for the demolition or
movement of structures or sites described within this section shall rest with the City
Commission.
The City Commission shall base its decision on the following:
1. The standards in §18.28.050, BMC and the architectural, social, cultural and historical
importance of the structure or site and their relationship to the district as determined by
the State Historic Preservation Office and the Planning Department.
2. If the Commission finds that the criteria of this section are not satisfied, then, before
approving an application to demolish or remove, the Commission must find that at least
one of the following factors apply based on definitive evidence supplied by the applicant,
including structural analysis and cost estimates indicating the costs of repair and/or
rehabilitation versus the costs of demolition and redevelopment:
a. The structure or site is a threat to public health or safety, and that no reasonable
repairs or alterations will remove such threat; any costs associated with the
removal of health or safety threats must exceed the value of the structure.
b. The structure or site has no viable economic or useful life remaining.
387
Ordinance # 1761. page 28-6
D. If an application for demolition or moving is denied, issuance of a demolition or moving permit
shall be stayed for a period of two years from the date of the final decision 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 subsection B or C of this section.
E. All structures or sites approved for demolition or moving shall be fully documented in a manner
acceptable to the Historic Preservation Planner and Administrative Design Review staff prior to
the issuance of demolition or moving permits.
F. In addition to the remedies in Chapter 18.64, BMC, 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.
18.28.090 APPEALS
Aggrieved persons, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director
or City Commission pursuant to the provisions of Chapter 18.66, BMC. In such event, the issuance of a
certificate shall be stayed until the appeal process has been satisfied.
388
Ordinance # 1761 page 34-1
CHAPTER 18.34
SITE PLAN REVIEW
18.34.010 INTRODUCTION
A. All non-subdivision development proposals within the City will be subject to plan review and
approval. Depending on the complexity of development and status of proposed use in the
applicable zoning district, either sketch plans, site plans or conditional use permits will be
required as specified in this chapter.
B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to
be submitted in conjunction with sketch plans or site plans and are subject to requirements
specific to the type of proposal. These additional submittal requirements and review procedures
are outlined in §18.34.030, BMC.
C. When a development is proposed within a neighborhood conservation or entryway corridor
overlay district, or proposes signs which do not specifically conform to the requirements of this
title, design review is required in conjunction with either sketch plan or site plan review. In such
cases, additional submittal requirements and review procedures apply as outlined in §18.78.090,
BMC.
D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may,
under certain circumstances, be acceptable. When such circumstances can be demonstrated by
the applicant to exist, a conditional use permit may be granted by the Board of Adjustment.
Conditions may be applied to the issuance of the permit and periodic review may be required.
No conditional use permit shall be granted for a use which is not specifically designated as a
conditional use in this title.
E. Approval shall be granted for a particular use and not for a particular person or firm.
F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant
portions of this title.
G. Applications subject to this chapter shall be reviewed under the authority established by Chapter
18.64, BMC.
18.34.020 CLASSIFICATION OF SITE PLANS
A. All developments within the City, except individual single-household, two-household, three-
household and four-household residential structures, each on individual lots, and other
development proposals specifically identified as requiring only sketch plan review, shall be
subject to site plan review procedures and criteria of this chapter and the applicable submittal
requirements of Chapter 18.78, BMC. For the purposes of this title, site plans will be classified as
either a master site plan or a site plan.
All developments, as defined in Chapter 18.80, within the City shall be subject to site plan review
procedures and criteria of this chapter and the applicable submittal requirements of Chapter
18.78, BMC. For the purposes of this title, site plans will be classified as either a master site plan
or a site plan.
1. Exception. Those developments specified in Section 18.34.050, BMC and other
development proposals when so specifically identified 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 an option and not required. A master site plan involves
one or more of the following:
389
Ordinance # 1761 page 34-2
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 two-hundred vehicles.
C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36,
BMC, in addition to this chapter.
D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54,
BMC, in addition to this chapter.
E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and
regulations contained in Chapter 18.40, BMC, in addition to this chapter.
18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP,
flood plain development permits, variances, etc.) shall include:
1. The required information for site plans described in §18.78.080, BMC;
2. Any additional application information required for specific reviews as listed in the
following chapters of this title:
a. §18.36, Planned Unit Development;
b. §18.40, Standards for Specific Uses;
c. §18.54, Telecommunications;
d. §18.58, Bozeman Floodplain Regulations; and
e. §18.66, 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 chapters of this title:
1. §18.34.100, Conditional Use Procedure;
2. §18.36, Planned Unit Development;
3. §18.40, Standards for Specific Uses;
4. §18.54, Telecommunications;
5. §18.58, Bozeman Floodplain Regulations; and
6. §18.66, Appeals, Deviations and Variance Procedures.
18.34.040 REVIEW AUTHORITY
A. The City Commission, Board of Adjustment and Planning Director have the review authority
established in §18.64.010, BMC.
B. The Development Review Committee, Design Review Board, Administrative Design Review
Staff, and Wetlands Review Board have the review authority established in Chapter 18.62, BMC.
C. Site Plan Design Review Thresholds. When a development is subject to design review and meets
one or more of the following thresholds the Design Review Board shall have responsibility for
conducting the design review.
390
Ordinance # 1761 page 34-3
1. Twenty or more dwelling units in a multiple household structure or structures;
2. Thirty thousand or more square feet of office space, retail commercial space, service
commercial space or industrial space;
3. More than two buildings on one site for permitted office uses, permitted retail
commercial uses, permitted service commercial uses, permitted industrial uses or
permitted combinations of uses;
4. Twenty thousand or more square feet of exterior storage of materials or goods; or
5. Parking for more than sixty vehicles.
18.34.050 SKETCH PLAN REVIEW
A. Sketch Plan Submittal Requirements.
1. Certain independent development proposals (i.e., not in conjunction with other
development) are required to submit only sketch plans meeting the requirements of
§18.78.110, BMC.
2. Separate construction plans are necessary 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 §18.34.110 and §18.78.090,
BMC).
3. Examples of independent projects which qualify for sketch plan review are: individual
single-household, two-household, three-household, and four-household residential units,
each on individual lots and independent of other site development; accessory dwelling
units in the R-2, R-3 and R-4 districts; manufactured homes on individual lots; fences;
signs in compliance with the requirements of this title; regulated activities in areas with
regulated wetlands not in conjunction with a land development proposal; 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; and accessory structures associated with
these uses. Other similar projects may be determined by the Planning Director to require
only sketch plan review. The Planning Director shall determine all submittal
requirements. 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 shall be submitted to the Planning Department
staff for a determination of compliance with the requirements of this title. Once
compliance is achieved, the application will be approved for construction or referred to
the appropriate permitting authorities.
2. Certificate of Appropriateness Required. Sketch plans, including the material required by
§18.78.090, BMC, and such additional information as may be required for projects which
require a certificate of appropriateness as per §18.34.110, BMC shall be submitted to the
ADR staff, who shall review the proposal for compliance with this title, 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. Review and approval authority for sketch plans that require
certificates of appropriateness shall rest with the DRB if the ADR staff consists of less
than two members.
391
Ordinance # 1761 page 34-4
C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable
requirements of this title including overlay district requirements and the cessation of any current
violations of this title, exclusive of any legal nonconforming conditions. Plan changes may be
required.
18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES
A. These procedures shall apply to all developments within the City except for development
proposals specified as requiring only sketch plan review.
B. The preliminary site plan shall be submitted and approved, and final site plan approval received,
prior to the issuance of any building permit.
C. No occupancy permits shall be issued for any development for which site plan review is required
until certification has been provided demonstrating that all terms and conditions of site plan
approval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all
standards of this title apply whether explicitly mentioned in the record of the review or not. An
omission or oversight of a nonconformity with the standards of this title in the site plan shall 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.
18.34.070 SITE PLAN REVIEW PROCEDURES
A. Acceptability and Adequacy of Application.
1. The Planning Department shall review the application for acceptability within five
working days to determine if the application is does not omit any of the submittal
elements required by this title. If the application does not contain all of the required
elements, the application, review fee and a written explanation of what the application is
missing shall 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
shall 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
applicable review agency to make a determination that the application either does or
does not conform to the requirements of this title and any other applicable regulations
under the jurisdiction of the City of Bozeman. The review for adequacy shall be
conducted by the appropriate agency with expertise in the subject matter. The adequacy
review period shall begin on the next working day after the date that the Planning
Department determines the application to contain all the required elements and shall 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. Upon a
determination of adequacy the review of the development will be scheduled.
392
Ordinance # 1761 page 34-5
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 and one-half of the review fee shall be returned to the property owner
or their representative. Subsequent resubmittal shall 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 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 and
accompanying fee, 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. If in the opinion of the final approval authority the waived
materials are necessary for proper review of the development, the materials shall be
provided before review is completed.
5. In order to be granted a waiver the applicant shall include with the submission of the
preliminary site plan a written statement describing the requested waiver and the reasons
upon which the request is based. The final approval body shall 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.
B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and
according to the procedures established by this title. After review of the applicable submittal
materials required by Chapter 18.78, BMC, and upon recommendation by the appropriate review
bodies, the Planning Director, Board of Adjustment, or City Commission shall act to approve,
approve with conditions or deny the application, subject to the appeal provisions of Chapter
18.66, BMC. The basis for the Planning Director’s, Board of Adjustment’s, or City
Commission’s action shall be whether the application, including any required conditions,
complies with all the applicable standards and requirements of this title, including § 18.02.050,
BMC.
1. Site Plan. The Planning Director shall provide an opportunity for the public to comment
upon development proposals. The duration of the initial comment period shall be
included in any notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until 5:00 pm on the third working day after DRC
and other review bodies as may be appropriate have taken action regarding the proposal.
a. The Planning Director, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an
application within ten working days of the close of the public comment period.
The Planning Director’s decision shall be in writing and shall 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 director’s decision
regarding an application. Persons making such a request shall provide an
addressed envelope for use in delivering their copy of the decision.
2. Site Plan with Deviations or Variances and Conditional Use Permits. The Board of
Adjustment shall provide an opportunity for the public to comment upon a proposed
393
Ordinance # 1761 page 34-6
site plan or conditional use permit. The ending date of the comment period shall be
included in the notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until the decision by the Board of Adjustment.
a. The Board of Adjustment, after receiving the recommendations of the DRC,
ADR, DRB or WRB, shall act to approve, approve with conditions or deny an
application. The Board of Adjustment’s decision shall be in writing and shall
include any special conditions which are to be applied to the development.
3. Master Site Plan. The City Commission shall provide an opportunity for the public to
comment upon a proposed master site plan. The duration of the comment period shall
be included in any notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until the decision by the City Commission.
a. The City Commission, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an
application. The City Commission’s decision shall be in writing and shall include
any special conditions which are to be applied to the development.
18.34.080 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE
REQUIREMENTS
A. The person applying for a conditional use permit shall fill out and submit to the Planning
Director the appropriate form with the required fee. The request for a conditional use permit
shall follow the procedures and application requirements of this chapter.
B. In consideration of all conditional use permit applications, a public hearing shall be conducted
by the Board of Adjustment. Notice of the Board of Adjustment public hearing shall be
provided in accordance with Chapter 18.76, BMC.
C. If a rezoning is required prior to approval of a conditional use permit, the application for
rezoning and the conditional use permit may be filed and acted upon simultaneously, however
the conditional use permit shall not be effective until zoning has been approved by the City
Commission.
18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA
A. In considering applications for site plan approval under this title, the Planning Director, Board
of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB
shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy.
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of site plan elements to conditions both on and off the property, 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 and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the site and visual
integration;
b. Design and arrangement of the elements of the site 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
394
Ordinance # 1761 page 34-7
development and produce an efficient, functionally organized and cohesive
development;
c. Design and arrangement of elements of the site 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; and
d. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, the project is in conformance
with the provisions of Chapter 18.28, BMC;
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
6. 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;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space and pedestrian areas, and the preservation or replacement of natural
vegetation;
8. Open space, including:
a. The enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. If the development is adjacent to an existing or approved public park or public
open space area, have provisions been made in the site plan to avoid interfering
with public access to and use of that area;
d. Is any provided recreational area suitably located and accessible to the residential
units it is intended to serve and is adequate screening provided to ensure privacy
and quiet for neighboring residential uses;
e. Open space shall be provided in accordance with Chapter 18.50, BMC;
f. Park land shall be provided in accordance with Chapter 18.50, BMC.
9. Building location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and stormwater control;
395
Ordinance # 1761 page 34-8
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirements of this title, 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.
21. Compliance with Title 17 Chapter 2, BMC.
B. In considering applications for master site plan approval under this title, the City Commission,
DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following:
1. Conformance to and consistency with the City’s adopted growth policy;
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. A generalized site plan showing the orientation and relationships among key plan
elements both on and off the property, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods in terms of overall site organization and building
mass and height;
b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the structure of
the surrounding area and produce an efficient, functionally organized and visually
cohesive development that contributes to the overall aesthetic quality of the area;
c. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, a statement describing how the
project is in conformance with the provisions of Chapter 18.28, BMC; and
d. Description of many elements in a Master Site Plan may be described in written
and/or graphic formats whichever provides the superior form of
communication.
5. A statement accompanying the site plan describing the generalized architectural character
and its relationship to and compatibility with the historical character of the area,
generalized landscape concept including treatment of public space and relationship to
the surrounding area, and visual and aesthetic integration of the proposed development
into the surrounding area and its effect on the identity of the adjacent neighborhood;
6. The impact of the proposed development on the existing and anticipated traffic and
parking conditions, including identification of the traffic generation and parking needs of
individual plan elements;
396
Ordinance # 1761 page 34-9
7. Pedestrian and vehicular ingress, egress and circulation, including:
a. Overall 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;
c. Adequate connection and integration of the pedestrian and vehicular
transportation systems to the systems in adjacent developments and general
community; and
d. Dedication and/or abandonment of rights-of-way or easements necessary for
efficient land use and accompanying streets and related transportation facilities;
8. Open space, if required under the zoning classification(s) of the proposed development,
including:
a. Enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. Provisions to avoid interfering with public access to and use of any adjacent
parks and other open space;
d. Provision of recreational areas suitably located and configured, and accessible to
the residential units it is intended to serve; and
e. Adequacy of open space as required within this title;
f. Open space shall be provided in accordance with Chapter 18.50, BMC;
g. Park land shall be provided in accordance with Chapter 18.50, BMC.
9. Generalized building gross area (square feet), building locations, building envelopes, and
building heights;
10. Setbacks;
11. Generalized lighting concept as pertains to public safety;
12. Generalized provisions for utilities, including efficient public services and facilities;
13. Generalized site surface drainage and stormwater control;
14. Generalized locations of loading and unloading areas;
15. Generalized grading;
16. Statement regarding proposed signage;
17. Statement regarding screening of trash, outdoor storage and utility areas;
18. Overlay district provisions where applicable; and
19. Other related matters, including relevant comment from affected parties.
C. If the Planning Director, Board of Adjustment, or City Commission, after recommendation
from the DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed
site plan or master site plan will not be detrimental to the health, safety or welfare of the
community, is in compliance with the requirements of this title and is in harmony with the
purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and
such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be
given in writing.
397
Ordinance # 1761 page 34-10
D. Site plan approval or master site plan approval may be denied upon a determination that the
conditions required for approval do not exist. Persons objecting to the recommendations of
review bodies carry the burden of proof. A denial of approval shall be in writing.
E. Following approval of a master site plan, the applicant shall submit to the Planning Department,
sequential individual site plans for specific areas within the master site plan. Each subsequent
application for a site plan shall 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.
18.34.100 BOARD OF ADJUSTMENT CONSIDERATION AND RECORD FOR
CONDITIONAL USE PERMITS
A. The Board of Adjustment, in approving a conditional use permit, shall review the application
against the review requirements of §18.34.090, BMC;
B. In addition to the review criteria of §18.34.090, BMC, the Board of Adjustment shall, in
approving a conditional 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 yards, 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. Regulation of use;
b. Special yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas;
e. Requiring street, service road or alley dedications and improvements or
appropriate bonds;
f. Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
l. Duration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the City in an
orderly and efficient manner.
C. The Board of Adjustment shall, in addition to all other conditions, impose the following general
conditions upon every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
398
Ordinance # 1761 page 34-11
2. That all of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to by the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall 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 site plan approval
or commencement of the conditional use.
D. Applications for conditional use permits may be approved, conditionally approved or denied by
motion of the Board of Adjustment. If an application is denied, the denial shall constitute a
determination that the applicant has not shown that the conditions required for approval do
exist.
E. The applicant shall be notified in writing of the action taken by the Board of Adjustment within
seven working days of its action. If the conditional use permit has been granted the notification
shall include any conditions, automatic termination date, period of review or other requirements.
If the conditional use permit has been granted, the permit shall be issued upon the signature of
the Planning Director after completion of all conditions and final site plan.
F. Termination/ Revocation of Conditional Use Permit approval.
1. Conditional 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 conditional 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 principal or conditional
use is granted;
c. The use or development of the site is not begun within the time limits of the
final site plan approval in Section 18.34.130, BMC.
2. A conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use permit application, or a determination by
the Planning 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
Planning Director may not be appealed. If the Planning Director determines that the
conditional use permit may be renewed on a site then any conditions of approval of the
original conditional use permit are also renewed.
3. If activity begins for which a conditional 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 18.64.160, BMC.
18.34.110 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW
PROCEDURES AND REVIEW CRITERIA
A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title.
Independent sign proposals (i.e., not in conjunction with other development) which do not
specifically conform to the requirements of this title, 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 shall be provided. If no Design
Objectives Plan has been prepared for the location, additional site design information, if
399
Ordinance # 1761 page 34-12
necessary, shall be determined by the ADR staff. All signs shall comply with the dimensional
standards of this title unless a deviation or variance has been properly granted.
B. Review Procedures and Criteria for Certificates of Appropriateness.
1. Certificates of appropriateness shall only be issued according to procedures and criteria
specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC.
2. Sign proposals which specifically conform to the requirements of this title shall be
reviewed according to procedures and criteria outlined in Chapter 18.52, BMC.
18.34.120 PUBLIC NOTICE REQUIREMENTS
A. Public notice of development proposals and approvals subject to this chapter shall be provided
as required by Chapter 18.76, BMC.
18.34.130 FINAL SITE PLAN
A. No later than six months after the date of approval of a preliminary site plan or master site plan,
the applicant shall submit to the Planning Department a final site plan with accompanying
application form and review fee. The number of copies of the final site plan to be submitted
shall be established by the Planning Director. The final site plan shall contain the materials
required in §§18.78.080 and18.78.090 BMC 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 Planning Director.
B. In addition to the materials required in subsection A of this section, the owner shall submit a
certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions.
C. In addition to the materials required in subsections A and B of this section, the owner shall
submit a statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result in
delays of occupancy or costs to correct noncompliance.
D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to
the passage of one year, the applicant may seek an extension of not more than one additional
year from the Planning Director. In such instances, the Planning Director shall determine
whether the relevant terms of this title and circumstances have significantly changed since the
initial approval. If relevant terms of this title or circumstances have significantly changed, the
extension of the approval shall not be granted.
E. Following approval of a final master site plan, the final master site plan shall be in effect for not
more than five years. Owners of property subject to the master site plan may seek appropriate
extensions. Approval of an extension shall be made by the Planning Director. Approval shall
be granted if the Planning Director determines that the relevant terms of this title and
circumstances have not significantly changed since the initial approval.
F. Upon approval of the final site plan by the Planning Director the applicant may obtain a
building permit as provided for by Chapter 18.64, BMC.
1. Subsequent site plan approvals are required to implement a master site plan, and
approval of a master site plan does not entitle an applicant to obtain any building
permits.
400
Ordinance # 1761 page 34-13
18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS
Based upon the approved sketch or final site plan (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 pursuant
to Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site
plan whose approval has expired.
18.34.150 AMENDMENTS TO SKETCH AND SITE 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 site plan or master site plan approved under the
ordinance codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to
the Planning Director for review and possible approval. Proposals for further development,
reuse or change in use of sites developed pursuant to this title shall also be reviewed as an
amendment to an approved plan. All amendments shall be shown on a revised plan drawing.
Amendments to approved plans shall be reviewed and may be approved by the Planning
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 shall be resubmitted as a new application and shall
be subject to all standards and site plan review and approval provisions of this title. Substantial
compliance may be shown by demonstrating that the amendments do not exceed the thresholds
established in §18.34.170.B, BMC.
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 City Commission, and shall be based on
substantive current information that indicates that relevant circumstances have changed and that
such circumstances support the proposed modifications. Such circumstances may include
market analyses, economic conditions, changes in surrounding land uses, changes in ownership,
etc.
18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED
UNDER A CONDITIONAL USE PERMIT
Any proposed additions, enlargements or modifications of the structures approved in any conditional
use permit, or any proposed extension of the use into areas not approved in any such permit, shall be
subject to the review procedures of this chapter.
18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES
DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE
CODIFIED IN THIS TITLE
A. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3,
1991 - Ordinance 1332) shall be 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 title may be approved by the Planning Director
upon determining that no significant alteration of the previous use and site are proposed, and
upon review by the City Engineer or designee to assure that adequate access and site surface
drainage are provided. All such proposals shall be shown on a plan drawing as required by the
Planning Director.
401
Ordinance # 1761 page 34-14
B. 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 shall 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 Chapter 18.60, BMC;
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 §18.34.040.C; OR
b. By more than 10 percent for developments meeting or exceeding one or more of
the criteria of §18.34.040.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.
C. 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 shall be
resubmitted as a new application and shall be subject to all plan review and approval provisions
of this chapter.
D. When proposals for reuse, change in use or further development of a site are located in the
neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the
DRB may be required to determine whether resubmittal as a new application is necessary.
18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF
SITE PLAN REVIEW
A. The continued improvement of existing developed sites is desired to increase the level of
compliance with the provisions of this title. An applicant may propose improvements, not in
association with a site plan review, to increase conformity with the standards of this title for
landscaping, lighting, parking or similar components of a site to occur over a defined period of
time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to
scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended
end result of the proposed improvements and any phasing of work. Such improvements shall be
reviewed by and approved at the discretion of the Planning Director. The Planning Director may
require surety in accordance with the terms of Chapter 18.74, BMC for work performed.
18.34.190 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 shall 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 seventy-two consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
402
Ordinance # 1761 page 34-15
4. Such other uses as the Planning Director may deem to be within the intent and purpose
of this section.
B. 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 Planning
Department. Such application shall be filed with the Planning Director who shall charge and
collect a filing fee for each such application, as provided in Chapter 18.64, BMC. The Planning
Director may also require any information deemed necessary to support the approval of a special
temporary use permit, including site plans per this chapter.
C. Decision. Application for a special temporary use permit shall be reviewed by the Planning
Director who shall approve, conditionally approve or disapprove such application. Approval or
conditional approval shall be given only when in the judgment of the Planning Director such
approval is within the intent and purposes of this chapter.
D. Conditions. In approving such a permit, the approval shall be made subject to a time limit 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 bonds 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.
18.34.200 APPEALS
Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter
18.66, BMC. In such event, any plan review approval and associated right to proceed with development
shall be stayed until the appeal process has been completed.
18.34.210 IMPROVEMENTS
Improvements depicted on an approved site plan shall be installed subject to the requirements of
Chapter 18.74, BMC.
403
Ordinance 1761 38-1
CHAPTER 18.38
GENERAL LAND USE STANDARDS AND REQUIREMENTS
18.38.010 AREA REQUIREMENTS FOR INDIVIDUAL BUILDINGS - RESTRICTIONS
No part of any yard, or other open space, or off-street parking or loading space required about or in
connection with any building for the purpose of complying with this title, shall be included as part of a
yard, open space or off-street parking or loading space similarly required for any other building except as
provided in §18.46.050 of this title.
18.38.020 YARDS AND LOTS - REDUCTION PROHIBITED
No yard or lot existing at the time of adoption of the ordinance codified in this title shall be reduced in
dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards
or lots created after the effective date of said ordinance shall meet at least the minimum requirements
established by this title.
18.38.030 USE OF LANDS - BUILDINGS AND STRUCTURES
A. Only Uses Specifically Identified by This Title to be Built. No building, or structure or part
thereof shall be erected, altered or enlarged for a use, nor shall 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 permitted uses for the zone in which such buildings, structure or land is situated. In
addition, any land, building or structure to be erected or used for a purpose listed as a
conditional use in such zone shall first receive approval from the City Commission. Existing
nonconforming uses and structures shall be governed by Chapter 18.60, BMC.
B. No building, or part thereof, or structure shall be erected, nor shall any existing building be
altered, enlarged or rebuilt, or moved into any zone, nor shall any open space be encroached
upon or reduced in any manner, except in conformity to the yard and setback regulations
designed for the zone in which such building or open space is located, except as otherwise
specified in this title.
C. Recreational Vehicle Parking on Residential Lot. No person shall 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 private garage,
or in a rear yard in any district is permitted, providing no living quarters shall be
maintained or any business practiced in the recreational vehicle while such recreational
vehicle is so parked or stored; and
2. In the event of hardship, temporary use permits may be granted for occupying such
recreational vehicle or mobile home.
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
shall 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 Chapter 18.74, BMC.
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
404
Ordinance 1761 38-2
immediate access to either municipal water or municipal sewer the City may, in
its sole discretion, make such allowance when all of the following have been met:
(1) The nonmunicipal system(s) to service the lot or site shall be designed,
reviewed and constructed to meet City of Bozeman standards. Systems
serving more than one lot or user shall be central systems;
(2) The nonmunicipal system(s) shall 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 shall provide waivers of right to protest creation of SIDs
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 shall agree to connect to municipal water and sewer
services and abandon and remove nonmunicipal services when so
instructed by the City. Such agreement shall be binding on all successors
and run with the land;
(5) If the City takes responsibility to operate the nonmunicipal system(s) 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
shall be either noted on the plat or final plan OR a separate notice be
recorded at the Gallatin County Clerk and Recorder’s Office so that such
notice will appear on a title report or abstract of the property;
(7) No nonmunicipal water or sewer systems shall be constructed until it has
received all necessary approvals from the Department of Environmental
Quality, City of Bozeman, County Environmental Health, and any other
relevant agency; 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 nonmunicipal systems is intended to be used sparingly and in
extraordinary circumstances. In order to protect the public interest, in
approving a nonmunicipal system the City may impose such conditions
of approval as it deems necessary.
2. These improvements shall be designed, constructed and installed according to the
standards and criteria as adopted by the City and approved by both the City Engineer
and Water and Sewer Superintendent prior to the issuance of any building permits.
3. When municipal water distribution and municipal sanitary sewer collection systems are
being provided to serve a development proposal occurring under the provisions of
Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided the
criteria of §18.74.030, BMC are met.
4. Notwithstanding the provisions of subsection D.3 above, the City may limit the scope,
type and number of projects eligible for simultaneous construction consideration.
18.38.040 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
405
Ordinance 1761 38-3
outside of an approved manufactured home community, recreational vehicle park, or approved
individual lot in accordance with §18.40.130, BMC shall 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 shall be properly damp-proofed
and have heating, ventilation, suitable fire protection and exits if used for living purposes, and
natural lighting.
18.38.050 ACCESSORY BUILDINGS, USES AND EQUIPMENT
A. An accessory building shall be considered 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.
B. Accessory buildings, uses or equipment shall not be stored or constructed between the front lot
line and required front building line.
C. Accessory buildings and garages shall not be located within a utility easement without written
approval of the easement holder.
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 shall exceed the footprint of the principal building unless such accessory
building has been otherwise approved per this title. An accessory building shall not either:
1. Exceed the height of the principal building unless such accessory building has been
otherwise approved per this title; or
2. Within a residential district, exceed a height of one and a half stories, where a half story
is established by a side wall, under a sloped roof, of fivethree feet in height or less above
the floor level within space allowed to be occupied by persons by the International
Building Code.
3. The height between finished floor to finished floor shall not exceed 12 feet in residential
districts. A greater height between finished floors may be approved in non-residential
districts if the other requirements of this title are met.
F. Mechanical Equipment Screening.
1. Rooftop mechanical equipment should be screened. Screening should 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.
2. Ground mounted mechanical equipment shall be screened from public rights-of-way
with walls, fencing or evergreen plant materials. Mechanical equipment shall not
encroach into required setbacks.
G. Detached Structures Setback Requirements.
1. Accessory structures less than or equal to 120 square feet in footprint shall not be
located in any front, side, or corner-side yard and shall maintain a minimum setback of
three feet from the property lines in the rear yard.
2. Accessory structures greater than 120 square feet but less than or equal to 600 square
feet in footprint shall not be located in any front, side, or corner-side yard. The accessory
structure shall be set back a minimum of either: 6 feet, or 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 examples below.
406
Ordinance 1761 38-4
Alley Right-of-
Way Width
Setback for Garage Setback for a Garage with Stacked Parking Off
of an Alley
30 feet 6 feet 20 feet
20 feet 6 feet 26 feet
16 feet 10 feet 30 feet
14 feet 12 feet 32 feet
3. Accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard and shall provide adequate back-up maneuverability for required
parking spaces.
H. Structures may occupy not more than 20 percent of the area of the lot located to the rear of the
principal building(s).
I. All structures located within the neighborhood conservation or entryway corridor overlay
districts require a certificate of appropriateness.
J. More than two deviations shall not be granted for any accessory structure.
18.38.060 YARD AND HEIGHT ENCROACHMENTS, LIMITATIONS AND
EXCEPTIONS
A. Permitted Encroachments Into Yards. The following shall be permitted encroachments into
required yards, subject to any and all applicable International Building Code requirements:
1. Architectural features, which do not add usable area to a structure, such as chimneys,
balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves,
gutters, awnings, window wells and steps, provided such architectural features do not
extend more than 5 feet into any required front or rear yard;
2. Architectural features, which do not add usable area to a structure, such as chimneys,
balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings,
window wells and steps, provided such architectural features do not extend more than 2
feet into any required side yard, except that eaves and gutters may extend 2.5 feet into
any required side yard;
3. Terraces and patios, uncovered decks and stoops or similar features, provided that such
features shall not extend above the height of the ground floor level of the principal
structure nor more than 5 feet into any required front or rear yard or 2 feet into any
required side yard;
4. Where porches, covered terraces and covered decks occupy not more than one-third of
the length of the building wall, excluding the width of the garage if applicable they may
encroach:
a. where the required front yard is greater than 15 feet, not more than 5 feet into
any required front yard,
b. not more than 5 feet into a required rear yard,
c. not more than 2 feet into any required side yard, and;
5. Fire escapes may be permitted in required side or rear yards only;
6. Wheelchair ramps may encroach into any required yard, but shall not be located closer
than 3 feet from any property line; and
7. Flag poles, ornamental features, trees, shrubs, walkways, and nameplate signs, and
floodlights or other sources of illumination provided the direct source of light is not
407
Ordinance 1761 38-5
visible from the public right-of-way or adjacent residential property may be located
within a required yard. Street vision triangle requirements apply.
B. Zero Lot Line Conditions. In districts where zero sideyard 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 Gallatin County Clerk and Recorder,
a zero lot line concept may be used for commercial or single-household dwelling unit
developments. In residential districts this may result in the creation of a two-household
residential structure, only in districts permitting such a structure, or the creation of townhouse
clusters in districts permitting such structures. In all such cases in residential districts, a
minimum 8 foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line
side, of the structure.
C. Special Yard Setbacks.
1. Where the required setback is greater than 15 feet, the corner side yard for any corner lot
not located on an arterial street may be 15 feet. However, where the vehicular access to a
garage is located on the frontage of the corner side yard, the portion accessible to
vehicles shall maintain at least a 20 foot setback.
2. A 25 foot front yard or corner side yard shall be provided on all arterials designated in
the Bozeman growth policy, except within the B-3 district.
3. Setbacks from watercourses as set forth in §18.42.100, BMC.
4. Setbacks from intersections as set forth in §18.44.090, BMC.
D. Height Limitation Exceptions.
1. Non-Specific Exemptions. No building, or part thereof, or structure shall 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 Chapter 18.66,
BMC, or as specifically authorized by the City Commission as an approved condition of
a planned unit development. Such approved conditions must include the
recommendations of the City Fire Marshal.
2. Specific Exemptions.
a. Height limitations shall 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 4 feet above the limiting height
of the building except as hereinafter provided; amateur radio antennae; and 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
semipublic buildings may exceed height limitations otherwise established by this
title, provided that:
(1) These are located on the ground floor of such buildings; and
(2) That for each 1 foot by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear
yards shall be increased in width or depth by an additional 1 foot over the
side and rear yards required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are
exempt from height limitations otherwise established in this title, provided that
408
Ordinance 1761 38-6
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 title, provided that any structure above the height otherwise
permitted in the district shall occupy no more than 25 percent of the area of the
lot and shall be at least 25 feet from every lot line.
e. Height restrictions for wireless facilities are governed by Chapter 18.54, BMC.
18.38.070 STANDARDS FOR SPECIFIC SITE IMPACTS AND ELEMENTS
A. Surface-Water Ponding. Natural ponding areas shall be retained as much as possible or, if
necessary, enlarged or modified as directed by the City Engineer to restrict the off-site runoff,
subject to the storm water runoff control provisions of this title and the City’s stormwater
drainage requirements.
B. Trash and Garbage Incineration. No exterior incineration of materials is permitted except as
allowed by the Department of Public Safety.
C. Smoke, Dust and Other Particulate Matter. The emission of smoke or other particulates from
any point source shall not exceed a density greater than that permitted by Method 9, 40 CFR 60
Appendix A. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted
beyond the property lines of the use creating the particulate matter.
D. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer,
chemicals, flammable and similar liquids shall comply with International Building and Fire Code
requirements and any applicable County regulations.
F. Water Quality, Hazardous Wastes and Wastewater. Discharge of hazardous waste, chemicals or
wastewater will be subject to Montana Department of Environmental Quality standards and
permitting processes. But in no case shall any hazardous waste, hazardous chemicals or
hazardous wastewater be discharged into any perennial stream within the City.
G. Odors and Toxic Gases.
1. The emission of odors shall be controlled such that objectionable or offensive odors are
not perceptible beyond a distance of 50 feet past the property lines of the use creating
the odors.
2. No toxic, noxious or corrosive fumes or gases shall be emitted beyond the property lines
of the use creating such fumes or gases.
H. Noise. No noise shall be produced that causes a violation of the City’s regulations regarding
disturbance of the peace or creates a nuisance.
I. Vibrations. No ground vibrations, except for those only perceptible with the use of instruments,
shall be permitted beyond the property lines of the use generating the ground vibrations.
J. Electrical Disturbance. No activity shall be permitted which causes electrical disturbances
affecting the operation of any equipment located beyond the property line of the activity. This
paragraph does not apply to uses which are regulated by and are in compliance with federal
agencies or law.
K. Glare and Heat. Any use producing intense glare or heat shall be conducted so that the glare is
effectively screened from view at any point on the lot line of the lot in which the use is located.
Any heat will be dissipated so that it is not perceptible without instruments at any point on the
lot line of the lot on which the use is located.
409
Ordinance 1761 38-7
L. Fire and Explosive Hazards. Any use or activity involving the use or storage of combustible,
flammable or explosive materials shall be in compliance with the Uniform Fire Code as adopted
by the City. Burning of waste materials in open fires is prohibited, unless otherwise permitted by
and in conformance with, another ordinance.
M. Liquid or Solid Waste. No materials, compounds or chemicals, which can contaminate any water
supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of
elements which are offensive or hazardous to the public health, safety and general welfare shall
be discharged at any point into any public sewer, private sewage disposal system or stream or
into the ground, except in accordance with the code of the City and the standards approved by
the Montana State Department of Environmental Quality or such governmental agency as may
have jurisdiction over such activities.
N. Fissionable, Radioactivity or Electromagnetic Disturbance. No activities shall be permitted
which utilize fissionable or radioactive materials if, at any time, their use results in the release or
emission of any fissionable or radioactive material into the atmosphere, ground or sewerage
system. No activities or devices shall be permitted which at any time emit radio-frequency energy
affecting any activity or the operation of any equipment beyond the site property line. Radio-
frequency energy shall be considered as being electromagnetic energy at any frequency in the
radio spectrum between ten kilocycles and three million megacycles. This limitation on radio-
frequency interference does not apply to those uses and circumstances falling under the
jurisdiction of the FCC.
18.38.080 CLEAN UP OF PROPERTY AND REVEGETATION REQUIRED
A. Clean Up of Property. Prior to final plat or final occupancy approval, the developer shall ensure
that all construction and other debris is removed from the development. This includes concrete,
asphalt, dead trees and shrubs, and fencing materials.
B. Revegetation. All areas disturbed during construction shall be reseeded with vegetation types
approved by the Gallatin County Weed Control Supervisor.
410
Ordinance # 1761. page 40-1
CHAPTER 18.40
STANDARDS FOR SPECIFIC USES
18.40.010 PURPOSE
The purpose of this section is to further describe the standards and conditions under which certain uses
may be permitted as principal or conditional uses in specific districts.
18.40.020 APPLICABILITY
All uses listed in this section shall be subject to the specific standards described for each use, in addition
to all other applicable standards.
18.40.030 ACCESSORY DWELLING UNITS
A. An owner or the owners of real property may establish and maintain an accessory dwelling unit,
either within a detached single-household dwelling or above a detached garage which is
accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the
following conditions are met and continue to be met during the life of the accessory dwelling
unit:
1. The detached dwelling unit within which the accessory dwelling unit is located, or the
accessory dwelling unit itself, is actually and physically occupied as a principal residence
by at least one owner of record who possesses at least an estate for life or a 50 percent
fee simple ownership interest. No more than one of the dwellings, either the principal
dwelling or the accessory dwelling, may be rented by non-owners at the same time. The
City may require a guarantee of compliance with the requirements of this section,
including but not limited to a binding deed restriction or covenant enforcing the single
rental restriction as allowed in §18.74.080.B, BMC, as a condition of approval;
2. In addition to the parking required for the principal residence, one paved off-street
parking space is provided for the exclusive use of the accessory dwelling unit. The
parking provided shall be located on the lot and may not utilize the on-street parking
provisions of Chapter 18.46, BMC;
3. The occupancy of the accessory dwelling unit does not exceed two persons;
4. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages only in subdivisions
receiving preliminary plat approval after January 1, 1997;
5. No permit for an accessory dwelling unit shall be granted unless the lot has been
configured to accept an accessory dwelling unit with adequate lot area, utility services,
and compliance with setbacks and height standards;
6. In no case shall an accessory dwelling unit be larger than 800 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 five (53) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation.;
7. Second story additions on detached garages shall be approved only if found compatible
and consistent with the character and fabric of the neighborhood;
8. Only one accessory dwelling unit may be created per lot; and
411
Ordinance # 1761. page 40-2
9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory
dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the
following criteria:
a. The accessory dwelling unit is created only in a single-household detached
dwelling unit on a lot of 6,000 square feet or more;
b. The accessory dwelling unit does not exceed one-third of the total area of the
principal structure;
c. The accessory dwelling unit is created only through internal conversion of the
principal structure or constructed above a garage. Minor exterior changes may be
made on the building, if the square footage added constitutes no more than 10
percent of the principal structure’s existing living area (exclusive of the garage);
and
d. If the entrance for the accessory dwelling unit is separate from the entrance of
the principal structure, the entrance shall only be located in the rear or side yards.
10. All accessory dwelling units are subject to CUP provisions established in Chapter 18.34,
BMC.
11. No deviations shall be granted to lot area requirements or parking requirements to allow
the establishment of an accessory dwelling unit. In no case shall more than a total of two
deviations be granted to allow the establishment of an accessory dwelling unit.
B. An owner or the owners of real property may establish per §18.34.050 and maintain an accessory
dwelling unit, in the R-2, R-3, R-4 or R-O districts if all of the following conditions are met and
continue to be met during the life of the accessory dwelling unit. If the following conditions are
not met the dwelling shall be reviewed under the provisions of §18.34.090, BMC.
1. In addition to the parking required for the principal residence, the minimum number of
required paved off-street parking shall be provided for the exclusive use of the accessory
dwelling unit;
2. The occupancy of the accessory dwelling unit does not exceed two persons;
3. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages;
4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain 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 five (5) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation;
5. Second story additions on detached garages shall be approved only if found compatible
and consistent with the existing character and fabric of the neighborhood; and
6. Only one accessory dwelling unit may be created per lot.
7. No deviations shall be granted to lot area requirements or parking requirements to allow
the establishment of an accessory dwelling unit. In no case shall more than a total of two
deviations be granted to allow the establishment of an accessory dwelling unit.
8. The accessory dwelling unit is located above a detached garage.
9. An accessory dwelling unit may not be approved on a reduced size lot created to meet
the minimum workforce housing requirements of Chapter 17.02, BMC.
412
Ordinance # 1761. page 40-3
C. The applicant shall comply with Building Department standards.
18.40.040 ADULT BUSINESSES
In addition to the requirements to be followed for all development established in this title, the following
requirements shall apply to all adult businesses.
A. 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.
18.40.050 ALCOHOL SALES FOR ON PREMISE CONSUMPTION
Alcohol sales for on premise consumption, on either a temporary or permanent basis, may not be
conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted.
18.40.060 AUTOMOBILE REPAIR AND/OR FUEL SALES
In addition to the requirements to be followed for all convenience uses as defined in this title, and
provided in §18.40.100 of this chapter, the following requirements shall apply to all service station and
automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee
approval by the City.
A. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear
property line. Design of the canopy shall architecturally match the design of the main building.
All canopies shall be connected to the roof of the main structure unless otherwise approved. All
lighting shall meet the lighting standards of this title. The maximum height of the canopy shall
not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC;
B. All on-site activities, except those normally performed at the fuel pumps, are to be performed
within a completely enclosed building;
C. Where towing service is to be provided, a parking bay for the towing vehicle is to 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;
D. All lighting shall conform to Section 18.42.150;
E. All structures approved under these standards shall be of a design character that is appropriate
to the area in which they are to be constructed. Color renderings of buildings shall accompany
each application and construction shall be in conformity thereto. Architectural detailing shall be
consistent on all four sides of the building;
F. All restroom entrances shall be screened from view of adjacent properties or street rights of-way
by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to
the building;
G. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be
permitted except as may be specifically allowed in that zone;
H. Parking space for each service stall in the station shall be provided. Pump islands shall not be
considered as service bays. Standing areas at pump islands and interior circulation areas shall not
be used as parking areas in calculating required parking spaces; and
I. Automotive Repair Facilities.
1. All repairs or painting shall be performed within a building;
413
Ordinance # 1761. page 40-4
2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities
or auto parts to any street or residential district;
3. Any facility shall be designed to contain and minimize noise and odors; and
4. All facilities shall have a water quality facility (oil / water separator) as part of the water
quality design for storm water runoff, and shall conform to Section 18.42.080.
18.40.070 AUTOMOBILE WASHING ESTABLISHMENT
In addition to the requirements to be followed for all convenience uses, the following requirements shall
apply to all auto washing establishments as listed below.
A. All detergents must be biodegradable;
B. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent
looking material;
C. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least
once daily in order to remove litter;
D. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited during any
period when establishment employees are not present; and
E. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the
canopy shall architecturally match the design of the main building. All lighting shall meet the
lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All
signs must conform to the sign regulations of Chapter 18.52, BMC.
18.40.080 CEMETERIES
A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of
which at least 10 acres shall be subdivided and developed in the initial plot.
B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and
those industrial uses which are incidental to the operation of a cemetery. Industrial uses may
include such things as the manufacture of burial vaults and headstone foundations, provided all
of the products are used on the site and are not offered for sale and use elsewhere. The cemetery
shall not include uses of an industrial nature other than those stated in this section.
18.40.090 CONDOMINIUMS
A. Unit Ownership Act. Condominium developments shall comply with all provisions of the Unit
Ownership Act, §70-23-102 et seq., MCA, and all regulations adopted pursuant thereto.
B. Condominium Association. A condominium association shall be established for each
condominium development. The developer shall prepare bylaws for the condominium
association, as well as covenants, conditions and restrictions for the condominium development,
in compliance with Chapter 18.72 of this title. The bylaws, covenants, conditions and restrictions
shall be submitted to the City for review and approval prior to the granting of final site plan
approval or approval for condominiumization of existing development.
C. Internal circulation in a condominium development shall be designed in accordance with
Chapter 18.46, and shall, when deemed necessary by the City Engineer, not have to comply with
Section 18.44.020.
D. Condominiums may be subject to Chapter 17.02, BMC.
414
Ordinance # 1761. page 40-5
18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS
A. Architectural Guidelines.
1. All convenience uses shall be designed with an architectural and design character that is
appropriate for and compatible with the area, and shall also comply with all applicable
design standards and guidelines including the Design Objectives Plan for entry way
corridors;
2. Use of standardized corporate identification themes integrated into the architectural
design is generally not acceptable. Excessive use of such themes may be used as grounds
for denial of the project;
3. When located in shopping centers, the architectural character of the building shall 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,
driveways, setbacks and signage shall be integrated with the entire design theme of the
project; and
4. The elevation design of the building shall provide design character and detailing on all
four sides.
B. Noise from drive through speakers shall not be audible from adjacent residential districts.
18.40.110 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
nonresidential uses to be combined are permitted are not subject to the requirements of this
section.
B. Home Based Business as Accessory Use
1. The use shall be clearly incidental and secondary to the use of the dwelling for residential
purposes and shall 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 may
not be conducted in an accessory structure, and shall comply with the standards of
subsection C below.
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 Chapter 18.52, BMC.
The standards for home based businesses included in this section are intended to insure
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 shall be conducted by resident occupants in their
residence with not more than one on-premise halftime nonresident employee;
415
Ordinance # 1761. page 40-6
b. No more than 25 percent of the gross area of all structures shall be used for such
purpose;
c. No use shall 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 shall 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 shall 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 wherein 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 his/her
home, shall acknowledge by signature his/her understanding of the requirements and
conditions of this title.
C. Home Based Business as Conditional Use.
1. Purpose. The use shall be secondary to the use of the lot for residential purposes and
shall 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 CUP 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 shall comply with the standards of subsection C.3
below.
2. Conditional Use. It is the intent of this section to provide, through the conditional use
process established in Chapter 18.34, BMC, 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 conditional use process is
an accessory use which complies with the requirements of this title 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 insure 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 conditional use process. As stated
in §18.34.010, BMC, conditional 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 businesses as listed in this section.
416
Ordinance # 1761. page 40-7
3. Necessary Conditions for Conditional Use. Home based businesses permitted through
the conditional use permit process are allowed in residential districts only so long as all
the following conditions are observed:
a. Such home based business shall be conducted by resident occupants with not
more than one on-premise halftime nonresident employee;
b. No more than 30 percent of the gross area of all structures shall be used for such
purpose;
c. No use shall 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 shall cause an increase in the use of any one or more
utilities operated by the City of Bozeman 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. No use shall 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 title;
g. Home based business by conditional use permit may only be allowed on lots
occupied by single-household detached dwellings;
h. Such conditional use shall be subject to all conditions set forth in this title, except
the provisions of §18.48.060, BMC, Landscape Performance Standards; and
i. All permits required by the City, including, but not limited to, building permits
and business licenses, shall be received prior to establishing the home based
business.
4. Home Based Business Allowed Through a Conditional Use Permit. Any individual
seeking to operate a home based business, which is greater in scope than that allowed by
an accessory home based business, shall make application for a conditional use permit
under the terms of Chapter 18.34, BMC. The Planning Director shall determine if a
home based business requires a conditional use permit.
D. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home
based business. However, should such complaint be filed, the operator is entitled to an appeal to
the City Commission for a public hearingmeeting. The City Commission shall determine
whether or not the filed complaint identifies sufficient violation of this title to warrant
termination or modification of the home based business.
E. Uses That Are Prohibited. The following uses, by the nature of their character or the investment
of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits
permitted for home based businesses and thereby impair the use and value of a residentially
zoned area for residential purposes. Therefore, the following uses shall not be permitted as
home based businesses: adult businesses; auto repair, minor or major; carpentry work; dance
instruction; dental offices; medical offices; 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 Planning Director’s action relating to a
home based business to the City Commission as provided for by Chapter 18.66, BMC.
417
Ordinance # 1761. page 40-8
18.40.120 MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included in the state classification of land subdivisions by rent or
lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan
and subdivision procedures. These will be reviewed concurrently when appropriate. All standards of this
title are applicable unless explicitly waived.
A. State of Montana Requirements. All manufactured home communities developed under this
section shall comply with Montana State Department of Public Health and Human Services,
Department of Environmental Quality and any other applicable state regulations. Prior to final
approval for a manufactured home community, copies of approval letters from relevant state
agencies shall be submitted or compliance with all applicable regulations shall be certified by a
professional civil engineer licensed by the State of Montana.
B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease
shall be clearly and permanently marked on the ground with flush stakes, markers or other
suitable means. The location marked must be closely approximate to those depicted on the
approved plans.
1. Utility Hookup. Every manufactured home shall be permanently connected to electric
power, water supply, sewage disposal, gas and telephone service lines in compliance with
applicable City codes, and all utility distribution and service lines shall be installed
underground.
2. Permanent Foundations and Anchoring. All manufactured homes shall be required to be
tied or otherwise physically anchored to an approved permanent concrete foundation.
Building permits for foundations and anchoring, issued through the City Building
Department in accordance with the adopted International Building Code, are required.
The method of anchoring and foundations shall be specified as part of the required
preliminary development review.
3. Maintenance.
a. There shall be no exposed outdoor storage of furniture (except lawn furniture),
household goods, tools, equipment, or building materials or supplies.
b. No manufactured home may be parked on a public or private street for more
than twenty-four hours.
c. An abandoned, burned or wrecked manufactured home must be secured against
entry as directed by the Fire Marshall and may not be kept on a lot for more than
forty-five days.
d. Each manufactured home must bear an insignia which attests that the
construction of the manufactured home meets regulation A 119.1 of the
American National Standards Institute (adopted by the U.S. Department of
Housing and Urban Development), or be certified as meeting the Mobile Home
Construction and Safety Standards of the U.S. Department of Housing and
Urban Development.
e. Within twenty-one days of placement, standard manufactured home skirting of
fire-resistive material similar in character to that of the manufactured home must
be provided around the entire perimeter of the manufactured home between the
bottom of the body of the manufactured home and the ground, except where the
running gear has been removed and the manufactured home itself is attached
directly to the permanent foundation.
418
Ordinance # 1761. page 40-9
f. All required front yards of lots for rent or lease for manufactured homes shall be
fully landscaped.
g. All private, commonly owned recreation areas not devoted to buildings,
structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated.
4. Manufactured home lots for rent or lease shall be arranged to permit the practical
placement and removal of manufactured homes. Every lot for rent or lease must front
on a public or private street.
C. Permits and Inspections.
1. Owner’s and Agent’s Responsibility. It shall be the responsibility of the individual
property owners or, in the case of a rental community, the managers ofthe rental
community to see that all sections of this article are complied with, including
requirements relative to placement of manufactured homes, and all required permits.
2. Move In Permit Required. All manufactured homes moved into the City must be issued
a move-in permit, pursuant to this section, and be inspected by the City Building
Official, prior to gas and electric service being turned on by the servicing utility. A copy
of the original sales contract shall be available for permit informational purposes.
3. City Inspection Required.
a. The required inspections for manufactured homes shall include: onsite utilities
requirements including gas, electric, sewer and water; setback requirements; and
off-street parking requirements. Fees for these have been established by the City
Commission by resolution.
b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to
be turned on, any gas or electric service without an inspection and clearance
from the City Building Official.
4. Non-Manufactured Home Improvements Subject to the International Building Code.
Permits must be obtained for additions, alterations, canopies, carports, storage areas and
detached refrigeration units that were not included in the original sale of the
manufactured home unit, fees for which are set by the International Building Code and
Uniform Mechanical Code.
D. Plans. The preliminary and final plans shall accurately depict:
1. All proposed and required landscaping;
2. Locations of storage areas for recreational vehicles and other chattels of the residents;
3. A layout of typical lots for rent or lease showing the location and dimensions of the lot,
manufactured home stand, driveway and parking spaces;
4. Mail delivery area; and
5. Foundation and anchoring details.
E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall
be provided for every manufactured home space. If trash dumpsters are to be used, they shall be
centrally and conveniently located, shall not be located in any front yard, and shall otherwise
comply with the requirements of this title.
F. Landscaping may be required by the City Commission to provide a buffer between
manufactured home communities and adjacent uses, and to enhance the appearance of the
development. The landscaping may be interspersed with a fence or wall. Specific perimeter
landscape/buffering treatments shall be determined on a case-by case basis, with the City
419
Ordinance # 1761. page 40-10
considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy
streets.
G. Recreation Areas. At a minimum, the amount of land required to be dedicated under §18.50.020,
BMC, shall be reserved as park or recreation area. Recreation areas may include space for
community recreation buildings and facilities.
1. Public access through the recreation area may be required, through the provision of a
written public access easement, if it is determined by the City commission that public
access is necessary to ensure public access through the private recreational area from
adjoining properties to nearby or adjacent public parks.
H. Accessory Buildings. Accessory buildings for individual dwellings are subject to §18.38.050,
BMC.
18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS
A. Intent. It is the intent of this section to allow manufactured homes, as defined in Chapter 18.80,
BMC, 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 assure
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 shall be submitted to the Building
Department in conjunction with the application for a building permit for the building
foundation. The application shall include all information as deemed necessary by the Planning
Director to make determinations as to conformity with subsection C of this section, and it shall
include a minimum of color photographs of all sides of the manufactured home, of the nearest
existing residences or other grounds or buildings on each side of the proposed site, and of
existing residences or grounds fronting upon the same street as the proposed site and opposite
thereto, and also including those within 150 feet of each corner of the proposed site. As a
minimum requirement, it shall 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 shall be used in determinations of acceptable similarity in appearance
and construction between manufactured homes with permanent foundations and residences
constructed near the site to assure 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. No manufactured homes shall have fenestration or other features that will be
incompatible in the residential neighborhood.
2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs
or shall be compatible with conventionally built homes in the surrounding areas. The
pitch of the main roof shall not be less than 1 foot of rise for each 4 feet of horizontal
run. Minimum distance from eaves to ridge shall be 10 feet.
3. The roofing material shall be shake, tile, composition shingle, or other materials
commonly found on conventionally built homes in the surrounding areas.
420
Ordinance # 1761. page 40-11
4. The exterior covering material shall be similar or closely compatible to that found on
conventionally built residential structures in the surrounding area. Reflection from such
exterior shall not be greater than from siding coated with clean, white, gloss, exterior
enamel.
5. The exterior covering material shall extend below the top of the foundation.
6. A solid concrete or masonry perimeter foundation shall be used.
7. The exterior covering and roofing materials of the garage(s), carport(s) and accessory
buildings shall be compatible with the materials on the manufactured home.
8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of
the lot, or similar to the conventionally built homes in the surrounding area.
9. The manufactured home shall 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.
10. Manufactured homes on permanent foundations shall meet all the property development
standards for the zone in which they shall be located. These standards include, but are
not limited to: lot area and dimension; area per dwelling unit; front, rear and side yard
setbacks; building height, lot coverage, location of accessory buildings; and offstreet
parking.
11. Manufactured homes located within the Neighborhood Conservation Overlay District
shall be subject to review for a certificate of appropriateness under the same standards
for architectural compatibility as other homes.
12. Manufactured homes shall 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.
D. Actions by Planning Director. Upon receipt of an application as required by subsection B of this
section, the Planning Director shall make a decision to approve or disapprove of the application
within fifteen working days, or he may make referral to the City Commission. Referrals to the
City Commission shall be placed on the agenda for its regular meeting. Within five working days
after receipt of recommendations from the City Commission, the Planning Director shall make a
determination as to conformity with subsection C of this section, notifying the applicants of
approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in
writing.
18.40.140 MINI WAREHOUSES
A. Minimum site size shall be one acre.
B. On-Site Circulation, Drives and Parking.
1. Each mini warehouse site shall provide a minimum of 2 exits;
2. All one-way driveways shall provide for one 10-foot parking lane and one 12-foot travel
lane. Traffic direction and parking shall be designated by signing or painting;
3. All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel
lanes; and
4. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
421
Ordinance # 1761. page 40-12
18.40.150 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 shall not constitute a greater number of square feet than 10
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 shall not exceed 50 percent of the
total lot area.
B. Outdoor sales and display areas shall not be located in any required yard and is also subject to
§18.42.160, BMC.
18.40.160 PORTABLE CARRY - OUT FOOD AND BEVERAGE BUILDINGS
A. A $10,000 site bond must be secured on the property. In addition, evidence of liability
insurance, with coverage of $1,000,000 per occurrence, shall be furnished by the owner.
B. Electrical service must be installed underground, in compliance with all electrical service codes,
subject to approval by the Building Department.
C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt
or concrete surface, be anchored to resist accidental movement, be placed upon approved
footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed
trailers must remove the axle, be secured to resist accidental movement, with all related supports
cosmetically covered with an approved material.
D. Not more than one portable structure may be placed on a zone lot (individual property or
contiguous properties held in common ownership). Portable structures shall be placed in a
manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required
emergency access. Nor shall such structures be placed in a manner that eliminates or interferes
with the use of required parking spaces.
E. Requests for special temporary use permits shall be subject to review and must be approved by
the appropriate City department representatives, including but not limited to City Engineer, Fire
Marshal, City Building Official and Planning Director. Permit coordination and final issuance
shall be by the Planning Director. A Special Temporary Use Permit for Portable Carry-Out
Food and Beverage buildings shall be valid for a period of one year, and may be renewed
annually thereafter only if all regulations and requirements are strictly complied with on a
continuing basis.
F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health
Board. Documentation of such licensing, including a copy of plans for water supply and
disposal, shall be provided to the planning director prior to permitting.
G. The City of Bozeman reserves the right to revoke or terminate this permit at any time by giving
30 days written notice of such revocation or termination, except that the City may, at its election,
revoke or terminate the permit at any time without giving any notice if the owner fails to comply
with or abide by each and all of the terms and conditions of the permit.
H. Portable food and beverage buildings as described herein shall not be subject to certificate of
appropriateness requirements for the neighborhood conservation and entryway corridors overlay
districts.
422
Ordinance # 1761. page 40-13
18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND
Recreational vehicle parks and overnight campgrounds are included in the state classification of land
subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be
reviewed under both site plan and subdivision procedures.
A. Recreational vehicle parks shall be screened from view of any adjacent residential development.
B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface.
C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust
free surface.
D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter
of the park and 30 feet from any public street right-of-way.
E. Approved trash disposal, bathroom and laundry facilities, including facilities for the
handicapped, shall be provided for use of overnight campers.
F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than
1,500 square feet in area.
G. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban
District or a RMH, Residential Manufactured Home Community District zoning designation.
Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R-
S district.
18.40.180 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 assure 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 of Bozeman.
2. These standards are also intended to be used as guidelines for evaluating and assessing
the quality and design of proposed large scale retail developments. The particulars of any
large scale retail developments will be evaluated against their respective standards
contained in this chapter. It is expected that the quality and design of the large scale retail
developments, while not necessarily complying with the exact standards of this chapter,
will meet or exceed the intent behind these standards.
3. Applicability. All uses listed in this chapter shall be subject to the specific standards
described for each use, in addition to all other applicable standards which may apply.
B. Limitations on Size of Retail Stores.
1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet.
2. Retail development consisting of one or more single tenant building(s) greater than
40,000 square feet may offer for direct sale to the public merchandise, which is displayed
outdoors, but the area occupied by such outdoor sales and storage, exclusive of
warehouses, shall not exceed 25 percent of the total square footage of the retail
building(s) and shall also comply with §18.40.150, BMC.
3. Notwithstanding §18.40.180.B.1 and §18.40.180.B.2, BMC, when an otherwise lawful
retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building
shall be considered a development nonconformity. Said building may be continued,
structurally altered, repaired or reconstructed so long as it is not increased, extended or
423
Ordinance # 1761. page 40-14
enlarged beyond the gross floor area of the building that existed on March 21, 2003. To
the extent practicable, the design and site development guidelines of this section shall be
applied to any alteration, reconstruction or repair that takes place after March 21, 2003.
4. The following principal uses are exempt, as they pertain to outdoor sales and storage:
a. Recreation vehicle sales and auto sales;
b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and
c. Plant nursery.
C. Design and Site Development Guidelines for Certain Retail Developments.
1. Retail development consisting of a single tenant building greater than 40,000 square feet
shall be subject to the design and site development criteria and development standards
contained in subsection 5 and 6 below. These guidelines shall be applied as part of the
review and approval process for use permits and detailed applications. For
developments in the entryway corridor, which are also subject to the design guidelines in
Chapter 18.30, BMC, if there is any conflict between the guidelines, the more restrictive
guideline shall apply. The guidelines in this section shall 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. Intent and Purpose. All new construction of retail buildings described in subsection A
above will be subject to design review. It is the intent and purpose of this section to
ensure the quality of retail development will enhance the impression and enjoyment of
the community both by guiding development and change that occurs after the adoption
of the ordinance codified in this section, and by stimulating and assisting, in conjunction
with other provisions of this title, improvements in signage, landscaping, access and
other contributing elements of retail development appearance and function. It is further
the intent of this section to establish design criteria, standards and review procedures
that will allow the City and its advisory boards and agencies to review and direct, in a fair
and equitable manner, the development and redevelopment of future and existing
properties and facilities governed by this section. The recommendations of the Design
Review Board or administrative design review staff shall be given careful consideration
in the final action of any agency, board or commission involved in decisions involving
retail developments governed by this chapter.
3. The Design Review Board and administrative design review staff shall have the powers
and duties provided by this title in considering applications subject to this chapter.
4. Certificate of Appropriateness. A certificate of appropriateness, received from the City
Commission, with a recommendation by the Design Review Board, shall be required as a
condition of site plan approval for any development governed by this section.
Application, review and public notice procedures for proposals governed by this section
are set forth in Chapter 18.76, BMC, Noticing, and Chapter 18.34, BMC, Review
Procedures for Site Development. A denial of a certificate shall be accompanied by a
written statement of reasons for the denial.
5. Design Criteria and Development Standards. In addition to all other applicable review
procedures and design criteria, all development governed by this section shall exceed
design criteria and development standards contained in Chapter 18.30, BMC, Entryway
Overlay District, including the general design objectives and guidelines contained in the
adopted or updated Design Objectives Plan, regardless of location or zoning district.
Said design criteria and development standards shall be exceeded through design
practices such as additional architectural detailing, exceptional landscape design,
424
Ordinance # 1761. page 40-15
improved public spaces, use of renewable energy and/or recycled construction materials,
and provisions for alternative modes of transportation. The City Commission shall
determine whether established design criteria and development standards have been
exceeded based on a recommendation from the Design Review Board.
6. Adaptability for Reuse/Compartmentalization. The building design shall 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 shall also allow for:
a. The interior subdivision of the structure into separate tenancies;
b. Facades that readily adapt to multiple entrances and adapt to entrances on all but
one side of the building;
c. Parking lot 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.
7. Appeals. Appeals may be taken as provided for in Chapter 18.66, BMC.
D. Additional Criteria and Site Development Guidelines for Certain Retail Developments.
1. Applications for large scale retail development shall 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 City Commission
finds that:
a. The plan conforms to the City’s growth policy and the requirements of this title
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
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 a development 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 title and offering recourse to the City
if the redevelopment is not completed as determined by the City.
E. Review. The provisions of this section shall be reviewed by the Commission in five years and
updated as needed.
18.40.190 STABLE, COMMERCIAL
A. The minimum property size shall be ten acres.
425
Ordinance # 1761. page 40-16
B. Structures or facilities used for stabling, storing, showing or training of animals shall 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 shall be at least a 20-foot yard adjacent to any street.
D. There shall be no shows or other activities which would generate more traffic than is normal to a
residential area, unless the proposed site has direct access from an arterial street as set forth in
the Bozeman growth policy. Permission for such shows and activities shall be obtained from the
City. Notification shall 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 shall be submitted to the Planning Director at least one month prior to the
date of the show or activity.
E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4
feet, 6 inches in height. The design of these enclosures shall be shown on drawings submitted
with the conditional use permit application.
F. All laws applicable to the 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 shall be treated for dust control as approved by
the Planning Director.
H. Adequate parking for daily activities shall be shown on the site plan and improved to City
parking standards. Additional parking, improved as determined by the Planning Director, shall
be provided for shows or other special events.
18.40.200 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 shall not exceed 16 feet
in height, and fencing may be required to be opaque by the Planning Director or City
Commission.
C. When the club is located within a residential zoning district, there shall be no shows,
tournaments or other activity which would generate more traffic than is normal to a residential
area, unless access is provided from an arterial street as set forth in the Bozeman growth policy.
If access is not provided from an arterial street, permission for such shows and activities shall be
obtained from the City Commission. Permission shall be requested in a letter with a site sketch
that explains the nature and duration of the activity and accommodations for spectators,
additional parking and traffic control. This letter shall be submitted to the Clerk of the
Commission for City Commission consideration.
D. There shall 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 City Commission.
18.40.210 COMMUNITY CENTER
A. Within residential districts, Tthere shall be public street access on to an arterial or collector
standard street within one block 600 feet of the entrance to a community center site.
426
Ordinance # 1761. page 40-17
B. There shall be a 20 foot landscaped yard adjacent to any residential property Community
Centers located within residential districts shall, 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 yard 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 yard width requirement.
C. Each community center site with more than 40 parking spaces shall provide a minimum of 2
ingress/egress points which comply with Section 18.44.090.
427
Ordinance # 1761 page 42-1
CHAPTER 18.42
DEVELOPMENT STANDARDS
18.42.010 GENERAL STANDARDS
A. Conformance. The design and development of all land uses shall conform to this title, 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 shall be properly related to
topography, and should, 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 Planning Director or City Commission has
found to be unsuitable for development because of potential hazards such as flooding, land
slides, 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
shall 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 shall be presumed unbuildable unless proved otherwise by the
developer.
18.42.020 NEIGHBORHOOD CENTERS
To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that
are 10 net acres in size or greater, shall 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 shall be no less than one acre in size. The center shall be
comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any
combination of these. The following requirements shall apply to all neighborhood centers:
A. The geographic center point of the neighborhood center shall be no further than 600 feet from
the geographic center point of the development. This requirement may be waived in the
following circumstances:
1. The development would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
3. The site is constrained by the presence of critical lands;
4. The site is part of an approved subarea plan that shows the center in a different location;
or
5. The topography of the site presents physical constraints on the property.
B. With the exception of civic and neighborhood commercial center uses, the developer shall be
responsible for installing all center-related improvements as part of the required development
improvements. Improvements shall be installed with each phase when a multi-phase project is
developed. Required improvements shall be based on the definition of each feature found in
Chapter 18.80, BMC, and/or City standards.
C. The neighborhood center shall 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
428
Ordinance # 1761 page 42-2
less than 100 percent, but not less than 50 percent, of the perimeter in accordance with
Section 18.50.060.
D With the exception of civic and neighborhood commercial center buildings and grounds, the
center shall be considered a common area to be owned and maintained by the property owners
or a property owners association. The property owners association could establish an
improvement district to collect assessments to pay for the maintenance.
E. Areas within neighborhood centers used for park, square, green and/or square, that meet the
following criteria, may count towards park land dedication requirements subject to review and
approval by the City Commission, after receiving a recommendation from the Bozeman
Recreation and Parks Advisory Board:
1. 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
2. The area provides active and/or passive recreation opportunities.
F. The neighborhood center may be used for limited stormwater retention/detention facilities if
reviewed and approved by the City Engineer. However, any part of the center used for
stormwater management shall not count towards park dedication requirements.
18.42.030 LOT
A. Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the
location and contemplated use of the development. In residential developments, a variety of lot
sizes shall 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 shall be permitted only when the developer can demonstrate that
the proposed lot designs are necessary due to topography or other physical constraints. Each lot
shall contain a satisfactory building site adequate for the uses permitted in its zoning district.
Each lot shall conform to this title, any growth policies, any relevant neighborhood or subarea
plan, where officially adopted, and to any applicable regulations of the Montana Department of
Environmental Quality.
B. Division by Rights-of-Way. No single lot shall be divided by a public street, alley, or public or
private utility right-of-way or easement, which would reduce the amount of buildable land to less
than the minimum lot size required by this title for the applicable zoning district
C. Double/Through and Reverse Frontage. Double/through frontage and reverse frontage lots
shall be avoided 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 shall not be considered
double/through or reverse frontage lots.
D. Corner Lots. Corner lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety.
1. Generally, homes on corner lots shall have the same orientation as homes on lots on the
interior of the block, unless otherwise approved through an overall development plan.
Covenants shall contain information regarding the orientation for all corner lots.
E. Width. Lots shall have a width sufficient to allow normal construction without the construction
encroaching on property lines, and shall comply with the building setback requirements of this
title.
429
Ordinance # 1761 page 42-3
F. Depth. Except for individual lots for individual townhomes, lots used to meet the requirements
of Chapter 17.02, BMC, and for modular lots as allowed by subsection 18.42.030.K of this
chapter, no lot shall have an average depth greater than three times its average width.
G. Side Lot Lines. Side lot lines shall be at substantially right angles to street or road lines and
radial to curved street or road lines.
I. Frontage. Unless otherwise allowed by this title, all lots will have frontage in compliance with
§18.44.090.B, BMC 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.
Modular Lotting. To promote the development of diverse residential and commercial land uses, and to
provide consumer choice and flexibility, a modular lotting system may be used when subdividing
land. If a modular lotting system is used, the following requirements apply:
1. Lots shall generally be 25 feet in width;
2. Lots shall be no less than 125 feet and no more than 175 feet length; and
3. A water and sewer service shall be provided to every other lot, unless attached townhomes on
individual lots are constructed, then a water and sewer services shall be provided for every lot.
4. Modular lots created under the provisions of this chapter shall remain in an ownership so that
they comply with required zoning standards for area, width, etc. as required by §18.60.030, BMC.
L. Exceptions. Commonly owned lots used for accessory uses (i.e., stormwater management, open
space, utilities) are exempt from the provisions of this section.
18.42.040 BLOCKS
A. Size and Orientation. Blocks shall be designed to assure 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 shall not be designed, unless otherwise impractical, to be more than
400 feet in length or less than 300 feet in length. Block lengths can 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 shall a block exceed 1,320 feet in length.
C. Block Width. Blocks shall 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 for pedestrian walks, not less than 10 feet wide,
shall be 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 shall exceed 600 feet without intersecting a street or
pedestrian walk. Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed
appropriate.
1. Yards adjacent to pedestrian rights-of-way less than 30 feet wide shall be treated as
corner side yards. Yards adjacent to pedestrian rights-of-way 30 feet wide or greater shall
be treated as side yards;
430
Ordinance # 1761 page 42-4
2. The pedestrian walks shall be maintained by the adjacent property owner(s) or by the
property owners association. The party responsible for maintenance of pedestrian walks
shall be identified in the preliminary plat application; and
3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of
§18.44.080, BMC shall apply.
E. Developments which have clearly delineated blocks shall use block numbers or letters, and each
block shall contain its own grouping of lot numbers.
18.42.050 UTILITIES
A. Utilities shall be placed underground, wherever technically and economically feasible.
Underground utilities, if placed in a street right-of-way, shall be installed after the street has been
brought to grade and before it is surfaced.
B. If overhead utility lines are used, they shall be located at the rear property line.
C. Utility facilities shall 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 shall provide adequate and appropriate utility easements in compliance with
§18.42.060 of this chapter.
18.42.060 EASEMENTS
A. Required Easements. Where determined to be necessary, public and/or private easements shall
be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all easements shall be described, dimensioned and shown on the final
plat in their true and correct location.
2. In all other developments, the proper easements documents shall be prepared for review
and approval by the City of Bozeman, and filed at the County Clerk and Recorder’s
Office. The easement documents shall be accompanied by an exhibit indicating the
dimensions, and true and correct location, of all easements.
3. No lot shall 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 title for the
applicable zoning district.
B. Private Utility Easements. Private utilities include, but are not limited to, natural gas, electricity,
telephone, cable and fiber optic lines. The developer shall 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 shall be coordinated with all provided utility easements. If a
utility easement will be greater than the building setback required by this title, a
note to that effect shall 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 shall be in a location required by and
agreed upon in writing by all of the appropriate utility companies and the City
Commission.
2. Easement Size.
431
Ordinance # 1761 page 42-5
a. Front Yard Utility Easements. Front yard utility easements shall be 10 feet wide,
and shall always be provided unless written confirmation is submitted to the
Planning Department from ALL utility companies providing service indicating
that front yard easements are not needed.
b. Rear Yard Utility Easements. The provision of rear yard 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 yard utility easements on
each lot shall be 6 feet wide if adjacent to a public alley and 10 feet if not
adjacent to a public alley.
c. Side Yard Utility Easements. The provision of side yard 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 yard utility
easement shall 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 §18.74.030.D, BMC of this title, private utility plans shall be included with the
preliminary PUD submittal.
b. Private utility plans shall 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 Planning Department.
C. Public Utility Easements. Public utilities include water, sewer and stormwater facilities that are
dedicated to and maintained by the City of Bozeman.
1. A public utility easement shall be granted for all public utility mains not located within
public street right-of-way. An easement shall be at least 30 feet wide for either one or
two utility mains. An additional 10 feet of width is required for each additional main
that occupies the easement. Wider easements may be required at the discretion of the
City of Bozeman for large utility lines.
2. Public utility easements shall be provided for all meter pits and fire hydrants maintained
by the City of Bozeman.
3. No permanent structures shall be placed within public utility easements unless an
encroachment permit has been obtained from the City of Bozeman.
D. Easements for Agricultural Water User Facilities.
1. Except as noted in subsection 2 below, the developer shall establish appropriate
irrigation 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. The easement shall 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 shall ensure the conveyance of irrigation water through
the land to be developed to lands adjacent to or beyond the
432
Ordinance # 1761 page 42-6
development’s boundaries in quantities and in a manner that are
consistent with historic and legal rights; and
(2) A minimum easement width of 10 feet is required on each side of
irrigation canals and ditches.
b. Are a sufficient distance from the centerline of the irrigation 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 irrigation facility easement without the written permission of the
facility owner.
2. The developer need not establish irrigation facility easements as provided above if the
following provisions were met or will be met via the subdivision process:
a. The average lot size is one acre or less and the subdivider provides for disclosure,
in a manner acceptable to the City Commission, 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 land. If the water rights have been or will be
removed from the land within the development it shall be denoted on the
preliminary plat. If removal of water rights is not complete upon filing of the
final plat, the subdivider shall provide written notification to prospective buyers
of the intent to remove the water right and shall document that intent, when
applicable, in agreements and legal documents for related sales transactions.
3 The realignment or relocation of active irrigation ditches or pipelines is discouraged. If
an irrigation facility or points of diversions thereon is proposed to be realigned or
relocated, the developer’s professional engineer shall certify, prior to final plat or final
plan approval, that the water entering and exiting the realigned or relocated irrigation
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 shall not be discharged to an irrigation facility.
5. As land is converted from agricultural to urban uses, and irrigation ditches are no longer
in use, the ditches shall be abandoned and filled.
E. Other Easements. Public access easements for streets and trails shall be provided in accordance
with the provisions of Chapters 18.44 and 18.50, BMC.
18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS
A. General. All municipal water supply, sanitary sewer and storm sewer system facilities shall
comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system facilities,
or a system allowed by §18.38.030.D, BMC, and may be required by the City to install
municipal storm sewer system facilities. These systems shall be installed in accordance
with the requirements of State Department of Environmental Quality and the City of
Bozeman, and shall conform with any applicable facilities plan. The City of Bozeman’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 shall submit plans and specifications for the proposed
facilities to the City, and to the State Department of Environmental Quality, and shall
433
Ordinance # 1761 page 42-7
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 shall 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 shall be arranged to allow the suitable development of the
adjoining undeveloped land. Municipal infrastructure mains within the proposed
development shall be constructed to the boundary lines of the tract to be developed,
unless prevented by topography or other physical conditions, in which case a subdivision
variance must be approved by the City Commission.
B. Municipal Water Supply System - Additional Requirements. Municipal water supply system
facilities shall also apply with the following requirements:
1. When the City’s municipal water main is extended, the length of a dead end water main
typically shall not exceed 500 feet in length, unless approved in writing by the City
Engineer and the Water and Sewer Superintendent.
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 Engineer and Water and Sewer
superintendent.
18.42.080 GRADING AND DRAINAGE
A. The developer shall install complete drainage facilities in accordance with the requirements of
the State Department of Environmental Quality and the City of Bozeman, and shall conform
with to any applicable facilities plan and the terms of any approved site specific stormwater
control plan. The City of Bozeman’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 shall submit plans and specifications to the City of Bozeman
and to the State Department of Environmental Quality (if applicable), and shall obtain their
approvals prior to commencing construction of any drainage system facilities.
B. Provisions shall be made for the control and drainage of surface water around buildings.
Generally, all lots and street boulevard areas shall 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 Engineer when adequate drainage facilities
are provided. All drainage plans shall 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 shall not discharge into any sanitary sewer facility or agricultural water user
facility.
D. Stormwater retention or detention ponds may be located within public park land, but such areas
shall not count towards the park land dedication requirement. Any stormwater ponds located
on park land shall 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
shall not be located on private lots or public right of way. Stormwater retention or detention
ponds shall be maintained by the property owners association.
E. The City Commission may require the developer to establish easements or other perpetual
controls to prevent encroachment or disruption of drainageways or facilities.
434
Ordinance # 1761 page 42-8
F. Stormwater facilities shall generally not occupy more than one-third of a required front yard.
G. All finish grades in landscaped areas shall comply with the provisions set forth in §18.48.050.L,
BMC.
H. Stormwater retention/detention facilities in landscaped areas shall be designed as landscape
amenities. They shall be an organic feature with a natural, curvilinear shape. The facilities shall
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 shall be submitted with the final landscape
plan for review and approval. Facilities with a slope up to and including 10% grade may be
grassed and irrigated to blend into the adjacent landscaped area.
18.42.090 FIRE PROTECTION REQUIREMENTS
All developments shall 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.
A. The placement of structures shall minimize the potential for flame spread and permit adequate
access for fire fighting equipment; and
B. Adequate fire fighting facilities shall be provided, including an adequate and accessible water
supply and water distribution system.
1. National Fire Protection Association (NFPA) standards for hydrant systems shall be
met.
2. City of Bozeman’s requirements as contained in the Design Standards and Specifications
Policy and the City of Bozeman Modifications to Montana Public Works Standard
Specifications shall apply.
18.42.100 WATERCOURSE SETBACK
Where a development is crossed by or is adjacent to a watercourse, the developer shall mitigate the
impacts of the development on the watercourse. This mitigation may not be less restrictive than the
requirements of the Bozeman Floodplain Regulations or any other applicable regulation of this title.
The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood
control.
A. Setback for Developments Granted Preliminary Plan or Plat Approval Prior to July 10, 2002.
These provisions shall apply to all developments granted preliminary plan or plat approval prior
to July 10, 2002, including applicable subdivision exemptions:
1. Setbacks. A minimum 100-foot setback shall be provided along both sides of the East
Gallatin River. A minimum 35 foot setback shall be provided along both sides of all
other watercourses.
a. A portion of the required setback, immediately adjacent to the ordinary high
water mark, shall be left in a natural vegetative state as follows:
(1) East Gallatin River – 50 feet
(2) Other Watercourses – 5 feet
b. No fence, residential or commercial structure, fill material, parking or other
similar improvements shall be located within required watercourse setbacks.
c. All watercourse setbacks shall be measured from the ordinary high water mark as
defined in §18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
435
Ordinance # 1761 page 42-9
B. Setbacks for Developments Granted Preliminary Plan or Plat Approval On or After July 10,
2002. These provisions shall apply to all developments granted preliminary plat or plan approval
on or after July 10, 2002.
1. In the event a site with an existing development, that is subject to §18.42.100.A, BMC, is
submitted to the City for a review subject to Chapters 18.34, 18.36 and 18.60, BMC after
July 10, 2002, the proposed development shall comply with §18.42.100.B, BMC to the
extent reasonably feasible given the existing site conditions. The final approval body for
the proposed development shall determine the extent that is reasonably feasible, subject
to any appeal provisions that may apply. Such administrative relief shall not reduce
setbacks below those provided for in Section A. It is the intent of this subsection that
full compliance with the terms of §18.42.100.B, BMC shall be achieved over time
without unduly burdening existing development.
2. In addition to any relaxation of watercourse setbacks provided by subsection
18.42.100.B.1 of this section, nothing in this section shall prohibit an owner of affected
property from:
a. Applying for a variance to dimensional standards of the watercourse setbacks as
allowed by and subject to the requirements of Chapter 18.66, BMC;
b. When applicable, seeking a deviation to dimensional standards of the
watercourse setback as allowed by and subject to the requirements of Chapters
18.28, 18.30 or 18.36, BMC;
c. Combining two or more lots to assemble a larger and more usable parcel;
d. Petitioning the Montana Department of Fish, Wildlife and Parks and the Gallatin
County Water Conservation District to seek the reclassification of the relevant
watercourse as an irrigation facility not subject to the requirements of this
section;
e. After receipt of required permits relocating the watercourse; or
f. Pursuing any other lawful means of relief from the effects of this section.
3. Setbacks. Unless otherwise specified in §18.42.100.B.5, BMC, the following setback
requirements shall be met:
a. East Gallatin River. A minimum 100-foot setback shall be provided along both
sides of the East Gallatin River.
b. Sourdough/Bozeman Creek and Bridger Creek. A minimum 75-foot setback
shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks.
c. Other Watercourses. A minimum 50 foot setback shall be provided along both
sides of all other watercourses.
d. All required watercourse setbacks shall be extended as necessary to address these
additional requirements.
(1). The setback shall extend to the edge of any delineated 100-year
floodplain if the floodplain is larger than the setbacks established in
§18.42.100.B.3, BMC;
(2). The setback shall include immediately adjacent wetlands (i.e. fringe). The
buffer width shall be extended by the width of the wetland;
(3). Areas with a slope greater than 33% do not count towards the width of
the setback; and
436
Ordinance # 1761 page 42-10
(4) The setback shall include connected wetlands. The buffer width shall be
extended by a minimum of 50 feet beyond the perimeter of the
connected wetlands.
e. All watercourse setbacks shall be measured from the ordinary high water mark as
defined in §18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
4. 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 shall be located within
required watercourse setbacks, unless approved through, and in conformance with, a
variance or deviation process as authorized in this title.
5. 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.
a. On-site stormwater treatment facilities may be located in Zone 2.
b. Trails and trail-related improvements may be placed within the required
watercourse setback subject to the following provisions:
(1) Trails, and trail-related improvements such as benches and trail signage,
may be placed in Zone 2;
(2) 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;
(3) 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;
(4) All trails must be constructed to minimize bank instability, sedimentation,
nutrient and pollution runoff. Trails shall be aligned to minimize damage
to plant and wildlife habitat; and
(5) 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.
c. 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 shall be observed:
(1) Crossings shall be minimized to the greatest extent feasible;
(2) Crossings with direct angles (90 degrees) shall be used to the greatest
extent feasible instead of oblique crossing angles;
(3) Construction shall be capable of withstanding 100-year flood events;
(4) The subdivision grading and drainage plan shall be designed to prevent
the discharge of untreated stormwater into a watercourse; and
(5) A bank stabilization plan for all public construction watercourse
crossings shall be prepared and approved by the City prior to site
preparation and installation of the improvement(s).
437
Ordinance # 1761 page 42-11
d. 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.
e. Control of noxious weeds is required and activities required within limits
outlined in any approved noxious weed control plan may occur in all zones.
6. Setback Planting. A setback planting plan shall be prepared by a qualified landscape
professional, and shall be reviewed and approved by the Planning Department prior to
the commencement of development or site preparation. The plan shall include a
schedule, and plantings shall be depicted on the plan as follows:
a. Zone 1: Zone 1 shall 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 shall 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 10 linear feet and one tree for every 30 linear feet of the
watercourse shall be 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) should be used. Tree and shrub species selected shall 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
Montana Native Plant Society and the Gallatin Local Water Quality District
(LWQD) are good sources of landscaping materials and/or landscaping
information.
b. Zone 2: Disturbed areas of Zone 2 shall be planted with new or existing native
grasses suited for the area
c. 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.
d. Planting materials are exempt from the size requirements of §18.48.050.G.3 of
this title.
e. To prevent soil erosion and the invasion of noxious weeds, the watercourse
setbacks on all land proposed for development shall be covered with existing
vegetation or shall be seeded with native grasses as soon as seasonally feasible or
prior to commencement of any site development or site preparation work.
f. Native shall mean those plants which are native to the Gallatin Valley.
g. 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
disturbed and undisturbed areas.
7. Except for as otherwise allowed in §18.42.100.B.5 and 6, BMC, no disturbance of soils
and existing vegetation shall occur in all zones.
C. Other Provisions.
1. The watercourse setback shall be depicted on all preliminary and final plats and plans.
438
Ordinance # 1761 page 42-12
2. These provisions do not apply to agricultural uses, including lands enrolled in the
conservation reserve program (CRP), activities, and structures that existed prior to the
effective date of these regulations. Any agricultural uses, activities or structures
established after the effective date of these regulations shall comply with these
regulations. An agricultural use, activity or structure shall be considered abandoned if
not used for agricultural purposes for more than 180 consecutive days.
18.42.110 RIDGELINES AND VIEWSHEDS
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 Chapter
18.80 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.
A. All buildings located within a ridgeline protection area shall be set back from the ridgeline a
distance not less than 3 times its height above grade. The distance of the setback shall be
measured perpendicular from the ridgeline.
1. Exception. In the event a building permit is sought for a lot approved or created prior
to the effective date of this ordinance, January 1, 2004, the proposed development shall
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 shall 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 shall not reduce setbacks below those required elsewhere in this title.
18.42.120 MAIL DELIVERY
If mail delivery will not be to each individual lot within the development, the developer shall provide an
off-street area for mail delivery within the development in cooperation with the United States Postal
Service. It shall not be the responsibility of the City to maintain or plow any mail delivery area
constructed within a City right-of-way.
18.42.130 FENCES, WALLS AND HEDGES
A. Location and Height. Except as provided in §18.44.100, BMC, 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 6 feet in height in any required rear or required side yard. Fences
exceeding 6 feet in height shall be subject to the minimum yard requirements of the
district in which such fences are located. Decorative post caps may exceed the height
limit by no more than 1 additional foot. Fences in excess of 6 feet in height require a
building permit before installation may commence. Fences may not exceed 8 feet in
height.
2. Do not exceed 4 feet in height in any required front yard or any portion of a required
corner side yard that is forward of the rear edge of the building facade nearest the corner
side yard.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety shall be
excepted.
4. The height of fences located in the B-3 district shall meet the requirements of this
section for any provided, not required, yards.
B. Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining
any Bozeman linear park shall have a maximum height of 4 feet.
439
Ordinance # 1761 page 42-13
C. Construction and Maintenance. Every fence or wall shall 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 shall be maintained in a condition
of reasonable repair and shall 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
shall commence proper proceedings for the abatement thereof.
D. Barbed Wire and Electric Fences.
1. No barbed wire or similar sharp fencing or electric fences shall be 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 shall 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 shall 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 shall be defined as not having its supporting members significantly visible, shall 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 shall be screened from
view by a wall, fence, hedge or landscape screen.
2. All storage for commercial operations shall 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 6 feet in height.
18.42.140 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 shall provide off-street truckloading or unloading berths in
accordance with the following table:
1. Any office building 100,000 square feet or larger shall have at least one off-street loading
berth.
Table 42-1
Square Feet of Aggregate Gross Floor Area Devoted to Such Use
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 shall conform to the
following standards:
440
Ordinance # 1761 page 42-14
1. The first loading berth shall be at least 70 feet in length. Additional berths required shall
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(s) shall be at least 25 feet in length. All loading berths shall be at least 12
feet in width and 14 feet in height, exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any required yard space, except front and
exterior side yards, and shall 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 8 feet in height.
3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so
that vehicles shall cross a property line only by driving forward.
4. Each loading berth shall 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 shall be paved so as to provide a durable,
dustless surface and shall be so graded and drained so as to dispose of surface water
without damage to private or public properties, streets or alleys.
6. Bumper rails shall be provided at locations where needed for safety or to protect
property.
7. No regular repair work or servicing of vehicles shall be conducted in a loading area.
8. Off-street loading facilities shall 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 shall be
equal to the sum of the requirements prescribed in this title 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 shall 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 shall 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, there shall be provided off-street loading berth requirements subject to the
provisions of Chapter 18.74, BMC. The number of loading berths provided for a major
alteration or enlargement of a site or structure shall be in addition to the number existing
prior to the alteration or enlargement.
12. Space allocated to any off-street loading berth shall not be used to satisfy the space
requirements for any off-street parking facility.
18.42.150 LIGHTING
A. Purpose.
1. Provide lighting in outdoor public places where public health, safety and welfare are
potential concerns;
2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources
that shine into their eyes and thereby impair safe travel;
441
Ordinance # 1761 page 42-15
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aimed, placed, applied, maintained or shielded light sources;
4. Protect and maintain the character of Bozeman;
5. Prevent excessive lighting and conserve energy; and
6. Provide adequate lighting for safe pedestrian and bicycle travel.
B. General.
1. With the exception of street lighting, lighting is not required. If installed, all lighting
shall comply with the requirements of §18.42.150, BMC.
2. Unless otherwise approved through a planned unit development, this ordinance shall
apply to all lighting for subdivisions, land uses, developments and buildings. In addition,
any site modification that requires a certificate of appropriateness, site plan review or
reuse application will necessitate compliance for all existing and proposed lighting on the
site.
3. 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 Planning Director. The Planning Director may
approve any such proposed alternate provided he/she finds that it:
a. The lighting provides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otherwise satisfactory and complies with the intent of this section.
C. Street Lighting. Street lighting consists of street lighting and pathway intersection lighting, and
shall comply with the following requirements:
1. General.
a. All street lighting shall be operated and maintained through the creation of a new
SILD, through the annexation to an existing SILD or through some other
equivalent means approved by the City of Bozeman. The application to create or
annex to an existing SILD shall be submitted to the City within 2 months of
preliminary approval of the development. The approval to create or annex to an
SILD shall be granted prior to final plat for a subdivision or Occupancy if a final
plat is not required.
b. Street lighting shall be installed per 18.74.030.B, BMC.
c. Individual yard lights on private property shall not be used for street lighting.
2. Street Lights at Intersections.
a. Illumination Requirements.
(1) Single Installation. The illumination requirement for an intersection
street light, where only one light is required, shall be determined from
Table 42-2 based on the functional classification of the street upon which
the light is located.
(2) Multiple Installation. For all intersections where more than one street
light is required, all lights shall be within the same range for measured
lumens. The illumination requirement shall be determined from Table
42-2 for the functional classification of the leg of the intersection with
the highest requirement.
442
Ordinance # 1761 page 42-16
b. Non-Signalized Intersections. A street light shall be installed at each non-
signalized street intersection with the exceptions contained in subsections (1) and
(2) below.
(1) At intersections where the width of one or more of the approaches is
greater than or equal to 50 feet, as measured to the back of curb or edge
of pavement, then two street lights shall be installed on diagonally
opposite corners.
(2) At the intersection of two local streets a street light may be omitted if its
installation would violate the spacing criteria contained in Table 42-2.
c. Signalized Intersections. At signalized intersections where all approaches are
narrower than 50 feet, as measured to the back of curb or edge of pavement, two
street lights shall be installed on the diagonally opposite corners. At signalized
intersections where the width of one or more of the approaches is greater than
or equal to 50 feet, four street lights shall be installed, one on each corner.
3. Spacing of Street Lights. In addition to intersection locations, street lights shall be
spaced along streets in accordance with Table 42-2.
Table 42-2
Functional Classification
Through
Lanes
Pedestrian
Conflict
Maintained Lumens
(Minimum Maintained Average Values) Spacing
Arterial 4/2 High 33000-22500 225/225
4/2 Low 22500-13500 300/275
Collector 4/2 High 22500-13500 250/225
4/2 Low 22500-8000 300/275
Local 2 Low 9500-8000 N/A1
Arterial - Commercial
Center 4/2 High 33000-22500 200/175
Collector - Commercial
Center 4/2 High 22500-13500 225/175
Local -Commercial
Center 2 High 9500-8000 150
1Street lights are only required at intersections on local streets.
4. Street Light Location and Placement of Equipment. In addition to spacing
requirements, the following layout criteria shall be used:
a. When a street light location falls near an unlit intersection, the light shall be
located at the intersection;
b. Street lights shall be located at property lines to the greatest extent possible, but
not in conflict with other utility service providers;
c. Pole spacing along a street may vary from the criteria of Table 42-2 by up to 15
percent. For the uniformity of appearance, the variance in spacing between
adjacent spans should not be more than 15 percent;
d. All proposed streets within the proposed subdivision, having a curve of 300 feet
or longer in length, shall have a street light in the middle of the horizontal curve
or as required by the City Engineer;
e. A street light shall be placed at the terminal ends of center median islands having
trees and/or other fixed objects not having a breakaway design for speeds of 25
miles per hour or greater;
f. Wiring for street lights shall be underground;
443
Ordinance # 1761 page 42-17
g. Additional street lights may be required by the City Commission when potential
traffic hazards are identified during plan review; and
h. For streets that are wider than 70 feet (from back of curb) the required street
lights shall alternate on either side of the street.
5. Street Light Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
the manufacturer’s recommendations. Mounting heights shall be measured from grade
and shall comply with the requirements of Table 42-3.
Table 42-3
Maintained Lumens (Minimum Maintained Average
Values) Mounting Height
9500-8000 25 feet
22500-9500 35 feet
33000-22500 38 feet
6. Pathway Intersection Lighting. Pathway lights shall be installed at all intersections of
pathways and streets, located within the proposed development or along existing streets
or roads abutting the development, if said intersection is located in areas other than
lighted intersections. All pathway lights shall comply with City of Bozeman
specifications.
Table 42-4
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and pedestrian 2.0
Pedestrian only 1.0
Source: Roadway Lighting (RP-8-00), Illuminating Engineering Society of North American, 2000.
D. Site Lighting.
1. Parking Lot Lighting.
Table 42-5
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 American, 1998.
1Basic 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.
2Security lighting provides for the safety of employees during nonbusiness hours, and for the security of on-site, outside storage of goods
and/or materials.
2. Building Entrances. Illuminance for building entrances (including commercial, industrial,
institutional and municipal) shall average 5.0 maintained footcandles.
3. Car Dealership Lighting.
Table 42-6
Area
Maximum Illuminance on Pavement (in
Maintained Footcandles) Uniformity Ratio
Maximum : Minimum
Main Business Districts
Adjacent to roadway 10 - 20 5:01
444
Ordinance # 1761 page 42-18
Other rows 5 - 10 10:01
Entrances 5 - 10 5:01
Driveways 2 - 3 10:01
Secondary Business Districts
Adjacent to roadway 5 - 10 5:01
Other Rows 2.5 - 5 10:01
Entrances 2.5 - 5 5:01
Driveways 1 - 2 10:00
Source: Lighting for Exterior Environments, Illuminating Engineering Society of North American, 1998.
4. Service Station or Gas Pump Area Lighting.
Table 42-7
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 facades 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 facades 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 American, 1998.
5. Site Lighting Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
the manufacturer’s recommendations. Height shall be measured from grade. Except as
allowed in Sections E and G, light poles for parking lot lighting shall not exceed 25 feet.
6. Site Lighting Installation and Maintenance.
a. For new installations, electrical feeds for fixtures mounted on poles shall be run
underground, not overhead.
b. Poles supporting lighting fixtures for the illumination of parking areas and
located directly behind parking spaces, shall be placed a minimum of 5 feet
outside the paved area, or on concrete pedestals at least 30 inches high above the
pavement, or suitably protected by other approved means.
c. Lighting fixtures and ancillary equipment shall be maintained so as always to
meet the requirements of this ordinance.
7. Miscellaneous Site Lighting Specifications. Except as otherwise allowed in Sections E
and G, all lighting shall comply with the following requirements:
a. All outdoor lighting, whether or not required by this ordinance, shall 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.
445
Ordinance # 1761 page 42-19
b. All outdoor lighting fixtures shall 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.
c. Except for residential lights, street lighting, pathway intersection lighting and
security lighting, all lighting shall be turned off between 11:00 p.m. and 6:00 a.m.
Exceptions shall be granted to those businesses which operate during these
hours; such lighting may remain illuminated only while the establishment is
actually open for business.
d. Vegetation screens shall not be employed to serve as the primary means for
controlling glare. Rather, glare control shall 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.
e. All outdoor lighting shall be designed and located such that the maximum
illumination measured in footcandles at the property line shall not exceed 0.3
onto adjacent residential properties and 1.0 onto adjacent commercial properties
and public rights-of-way.
f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures
mounted at the top of the sign and aimed downward; ground-mounted sign
lighting may only be used for monument style signs. Fixtures used to illuminate
signs shall be aimed so as not to project their output beyond the sign.
g. Floodlights, spotlights or any other similar lighting shall 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 shall not exceed 5.0 average maintained footcandles.
Building façade and accent lighting shall 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.
h. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vary in intensity
or color, or use intermittent electrical pulsation are prohibited.
i. Translucent awnings and canopies used for building accents over doors,
windows, etc., shall not be internally lit (i.e., from underneath or behind).
j. Search lights, laser source lights or any similar high-intensity light shall not be
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 Planning Director.
E. 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:
1. Fixtures shall be at least 70 feet in mounted height measured from grade.
446
Ordinance # 1761 page 42-20
2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal
louvers and external shields to help minimize light pollution.
3. Fixtures shall 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 shall not exceed 0.3 footcandles).
4. Lighting shall be extinguished no later than 1 hour after the event ends.
F. Lighting Specifications for All Lighting. Light fixtures and standards shall be compatible with
the surrounding area, the subdivision or site design, and the development’s character and/or
architecture.
1. Luminaires (Light Fixtures). Except as otherwise allowed in Sections E and G, all
luminaires shall comply with the following requirements:
a. In all light fixtures, the light source and associated lenses shall not protrude
below the edge of the light fixture, and shall not be visible from adjacent streets
or properties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking
areas, fixtures shall meet IESNA “full-cutoff” criteria (no light output emitted
above 90 degrees at any lateral angle around the fixture).
d. As needed, fixtures shall 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.
e. The installation of any mercury vapor light fixture or lamp for use as outdoor
lighting is prohibited, except that until November 21, 2006 (the fifth anniversary
date of the effective day of this ordinance), this provision shall not apply to any
replacement bulb.
G. Historic Lighting. The City Commission 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 shall be proposed as an integrated part of an overall
development plan. The historic preservation planner shall review and approve the proposed
lighting for historic appropriateness.
H. Post Installation Inspection. The City of Bozeman reserves the right to conduct post-
installation nighttime inspections to verify compliance with the requirements of this ordinance,
and if appropriate, to require remedial action at no expense to the City.
I. Compliance Monitoring. If the City of Bozeman finds that a lighting installation creates a safety
or personal security hazard, the person(s) responsible for the lighting shall be notified in writing
and required to take remedial action within 30 days.
J. Nuisance Glare and Inadequate Illumination Levels. When the City of Bozeman finds that a
lighting installation produces unacceptable levels of nuisance glare, skyward light, excessive or
insufficient illumination levels, or otherwise varies from this ordinance, the City may notify the
person(s) responsible for the lighting and require appropriate remedial action within 30 days.
K. Nonconforming Lighting. With the exception of street lighting, security lighting fixtures or a
security lighting installation in use on January 1, 2004, that does not conform to this ordinance
and that is not otherwise required to be brought into compliance pursuant to this ordinance,
shall be required to be in compliance 5 years after the date of enactment of this ordinance. Any
other lighting fixture or lighting installation existing on the effective date of this ordinance that
447
Ordinance # 1761 page 42-21
does not conform to the requirements of this ordinance shall be considered as a legal
conformance.
18.42.160 OUTDOOR STORAGE
A. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental
or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent
opaque wall or fence not less than 6 feet tall.
B. No storage of any type shall be permitted within any required yard, and shall be subject to §
18.40.150, BMC.
C. All areas designated for vehicle and equipment storage shall be screened from view from the
street and adjacent properties as per subsection A above. Vehicle and equipment storage areas
shall not be subject to parking lot paving or landscape requirements, but shall be subject to
drainage detention requirements and appropriate dust control requirements.
18.42.170 TRASH AND GARBAGE ENCLOSURES
A permanent enclosure for temporary storage of garbage, refuse and other waste materials shall be
provided for every use, other than single-household dwellings, duplexes, individually owned townhouse
or condominium units, in every zoning district, except where a property is entirely surrounded by screen
walls or buildings. Trash enclosures shall be constructed so that contents are not visible from a height of
5 feet above grade from any abutting street or property. Trash enclosures shall comply with the
following regulations:
A. Location. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the
site for convenient pickup service, and the location shall be shown on required site plans. Trash
enclosures shall not be located in required front yards, and shall be situated so that containers
can be pulled straight out of the enclosure or so the sanitation truck can back straight into it.
The location of all trash enclosures shall be subject to review and approval by the City Sanitation
Department.
B. Construction. Trash enclosures shall be constructed of solid or ornamental pierced masonry
walls or other appropriate materials, with a solid concrete floor sloped for drainage and
maintenance of sanitary conditions. Enclosures shall be architecturally compatible with the
principle structure. Enclosures shall be of sufficient height to conceal contents, including
containers, but in no case shall be less than 4 feet in height above grade.
C. Exception. A garbage enclosure is not required for dumpsters accessed via an alley.
18.42.180 PROVISION OF RESTRICTED SIZE LOTS AND UNITS
A. Purpose. This section establishes the requirements relating to the creation of lots for provision
of moderate and low income housing.
1. The City’s adopted growth policy indicates the City’s desire to have a well balanced
community with a range of housing available to its citizens. This includes housing for
persons of low and moderate incomes.
2. The 2003 Housing Needs Assessment established the need for additional low and
moderate income housing opportunities.
3. The City Commission has adopted an affordable housing policy giving direction for
certain actions to help ensure the opportunity for affordable housing.
4. The City intends to create opportunities for greater low and moderate income housing
opportunities by ensuring a supply of lots meeting minimum size requirements and
providing other related means of addressing housing need.
448
Ordinance # 1761 page 42-22
5. Development of the minimum sized lots shall largely depend on the actions of the
private land development process.
6. It is the intention of the City to establish certain complimentary financial programs to aid
qualifying parties to obtain housing. These programs are separate from the requirements
of this title.
7. Compliance with this section meets the requirements of annexation agreements enacted
prior to the date of this ordinance that require the provision of affordable housing.
B. Applicability. Lands subdivided after the effective date of this ordinance shall meet the
requirements of this section and shall have not less than a minimum net density of six units per
acre when subdivided if:
1. The total area of such lands being subdivided for residential purposes in all phases is five
acres or more in size; or
2. The land being subdivided is not intended for final development under the provisions of
the R-S, Residential Suburban zoning district described in §18.16.010, BMC.
C. Number of Restricted Size Lots Required. Every residential subdivision meeting the
requirements of subsection B above shall have a minimum of 10 percent of the buildable net
acreage dedicated to Restricted Size Lots (RSLs). A RSL shall not be greater than 5,0005,050
square feet for single household detached dwellings and 3,0003,030 square feet for single
household attached dwelling units. The RSL designation shall be recorded with the final
subdivision plat in a manner that will appear on a title search and include reference to the sunset
provisions of this section.
The requirements of this section may be met through any one or a combination of the following
options. The option or combination of options shall be specified at the time of preliminary plat.
A change of option affecting more than two lots after the preliminary plat has been approved
shall constitute a material change to the subdivision and shall require reapproval of the
subdivision by the City.
1. After creation of lots through the subdivision process and recording of the RSL
restrictions with the final plat, offering for sale to any willing buyer the RSL lots for
development as housing.
2. In lieu of designating the required number of RSLs for market sale with the final plat,
the owner may provide a fee-simple transfer of title of buildable RSLs to the City. For
the purpose of determining the number of RSLs required by this subsection the fee
simple transfer of one RSL shall be equivalent to providing three RSLs for market sale.
The City will utilize donated RSLs or the proceeds of sales of donated RSLs only for
affordable housing.
a. A fee simple transfer RSL can be provided within the annexed land being
subdivided or may be provided off-site as allowed by subsection 3 below. The
subdivision containing the off-site fee simple transfer RSL cannot be comprised
on more than 50 percent RSLs without prior City Commission approval. The
off-site fee simple transfer RSL shall be established and transferred to the City
not later than the time of final plat approval of the subdivision responsible for
creating the fee simple transfer RSL.
3. In lieu of designating RSLs within the land being subdivided, the owner may provide for
comparable off-site RSLs at a ratio of 1:1. The subdivision containing the off-site RSLs
shall not be comprised of more than 50 percent RSLs without prior City Commission
approval. The off-site RSLs shall be established not later than the time of final plat
approval of the subdivision responsible for creating the RSLs.
449
Ordinance # 1761 page 42-23
4. At time of final plat, in lieu of supplying the required number of RSLs, the owner may
pay a “cash in lieu” fee to the City. The payment shall be calculated as the appraised
value per square foot of developed land within that specific subdivision at a time not
sooner than 30 days prior to the time of final plat approval. The cost per square foot
shall be multiplied by 5,000 in single household districts and by 3,000 in multi-household
districts when smaller or multi-household aggregated lot for each required RSL. The
appraisal cost shall be born by the owner of land being subdivided. The City will use
payments in lieu of RSLs only for affordable housing.
5. Within multi-household zoning districts and with approval from the City Commission
the area required may be assembled into larger lots to allow construction of affordable
housing complexes.
D. Restrictions on Building Size. Dwellings constructed on RSLs are subject to the size restrictions
of §18.16.030.C, BMC. Dwellings built on RSLs shall be known as Restricted Size Units (RSU).
E. Automatic Termination Provisions. The provisions of this section shall be of no more effect
after November 24, 2008, unless such date is extended by the City Commission by amendment
to this section to establish a new date.
450
Ordinance #1761. page 46-1
CHAPTER 18.46
PARKING
18.46.010 GENERAL PROVISIONS
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, provide visual relief within paved
parking areas, emphasize circulation patterns and enhance the visual environment. In achieving these
purposes this chapter interacts with the requirements of Chapter 18.48, BMC The design of off-street
parking shall primarily be the responsibility of the developer and shall consider traffic circulation,
intended landscaping, pedestrian access and circulation, and other purposes of this title.
A. Floor Area.
1. The term “floor area,” for the purpose of calculating the number of off-street parking
spaces required, shall mean 85 percent of the gross floor area, as defined in Chapter
18.80, BMC. However, at the election of the property owner, floor area shall mean the
gross floor area, as defined in Chapter 18.80, BMC, minus the following:
a. Window display areas;
b. Storage areas;
c. Areas used for incidental repair of equipment used or sold on the premises;
d. Areas occupied by toilets and restrooms, kitchens or breakrooms;
e. Areas occupied by public utility facilities;
f. Areas occupied by dressing rooms, fitting or alteration rooms incidental to the
sale of clothing;
g. Areas occupied by stairways and elevators; and
h. Corridors connecting rooms or suites of rooms.
Such election shall be made in writing to the Planning Director, shall be signed and
acknowledged by the owner, and shall be filed with the Planning Director prior to the
issuance of a building permit for such building. The owner shall also be responsible for
certifying other information upon which parking requirements may be based, such as
seats, and the number of employees on maximum working shift.
2. Where applicable, the number of spaces required in §18.46.040 of this chapter will be the
total of the spaces required for the component activities of certain uses, each calculated
separately.
B. Change of Use or Occupancy of Buildings. With any change of use or occupancy of any building
or buildings, including additions to buildings, that may require more parking, an occupancy
permit is required and shall not be issued until such additional parking spaces, as required by this
title, are provided for.
C. Improvement Schedule. All parking area improvements to include surfacing, drainage, walkways,
lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions
of Chapter 18.74, BMC.
D. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to preclude
stacking of off-street parking spaces, with the exception of single household dwellings and
individual townhouse units, and duplexes with physically separated individual driveways. 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
451
Ordinance #1761. page 46-2
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. Generally,
not more than two cars may be stacked.
E. No Parking Permitted in Required Front or Side Yards. Required parking spaces shall not be
located in any required front or side yard, except that detached single household dwellings and
townhouses, and duplexes with physically separated individual driveways, may have one space
located within a driveway area in the required front yard for each parking space located directly
in front of the driveway area and outside of the required front yard.
F. Parking is permitted within required rear yards.
18.46.020 STALL, AISLE AND DRIVEWAY DESIGN
A. Parking Dimensions. The following shall be the minimum parking space dimensions: See also
Figure 18.46.020, Appendix A.
Table 46-1
Width1 Length
Angle Standard Disabled6 Compact5 Standard Disabled Compact5
Aisle
Width
90 9' 13' 8' 18/202 18/202 16' 263
60 9' 13' 8' 18/202 18/202 16' 18/234
45 9' 13' 8' 18/202 18/202 16' 15/234
Notes:
1As measured by a line perpendicular to the stall line at a point on the outside end of the stall, except when the stall is on the inside edge of a curve,
in which case the point of measurement shall be on the inside end of the stall.
2Eighteen feet if measured from a curb on the inside edge of the stall; 20 feet if measured from a painted line on the inside edge of the stall. Stall
length variations are subject to approval by the City Engineer.
3For 90-degree parking, aisles are two-way;
4First number refers to one-way traffic and the second number to two-way traffic. If the aisle is needed as a fire lane, a 20-foot minimum is required.
5Unless otherwise approved, all parking spaces shall 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 shall 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 shall
be located in one or more contiguous areas and/or adjacent to ingress egress points within parking facilities. Location of compact car parking spaces
shall not create traffic congestion or impede traffic flows.
6The first disabled accessible parking stall shall meet the standards of 18.46.040.D.2.a.
7If parking stalls within the interior of an individual residential garage space are counted toward a development’s required parking needs, then they
shall meet the standard parking stall width of 9 feet and the standard parking stall length of 20 feet with a minimum of one foot clear on all
exterior sides of the stall.
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 shall 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 title.
C. Circulation Between Bays. Except in the case of one- to three-household dwellings and
individual townhouse units, parking areas shall 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 backup length for dead end aisles shall conform with
requirements of the Uniform Fire Code.
452
Ordinance #1761. page 46-3
D. Backing Requirements. All required parking must have adequate back-up maneuverability as
specified in Table 46-1. 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-
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.
E. Parallel Parking Spaces. Parallel parking spaces shall be a minimum of 24 feet in length and 7
feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing
is not present.
F. Surfacing. Except for one-household development on individual lots, all areas intended to be
utilized for permanent parking space and driveways shall be paved with concrete or asphaltic
concrete, or approved pavers, to control dust and drainage. All proposed parking areas and
driveway improvements shall require a grading and drainage plan approved by the City Engineer.
Areas shall be paved with concrete or asphaltic concrete or approved pavers; or an alternative
surfacing method such as pervious pavement may be used subject to review and approval by the
City Engineer. Surfacing methods which minimize stormwater runoff and provide for functional
parking and circulation are encouraged.
1. However, paving shall not be required for permitted and conditional uses in the R-S
zoning districts when all of the following circumstances exist:
1a. The use is required to provide fewer than fifteen parking spaces and no loading
spaces under the provisions of this section;
2b. The lot or tract on which the use is located is not adjacent to a paved street or
road; and
3c. The applicant shall enter into an improvements agreement with the City agreeing
that the lot shall be paved within nine months of the time an adjacent roadway is
paved.
G. Striping. Except for one- to three-household dwellings and individual townhouse units, aAll
parking stalls shall be marked with white or yellow painted lines not less than 4 inches wide,
except for one- to three-household dwellings and individual townhouse units,.
H. Lighting. Any lighting used to illuminate an off-street parking area shall be in complyiance with
the lighting restrictions in standards of §18.42.150, BMC.
I. Signs. No sign shall be so located as to which restricts the sight lines and orderly operation and
traffic movement within any parking area. All signs shall conform to the requirements of
Chapter 18.52, BMC.
J. Parking Lot Curbing.
1. Except for individual townhouse units and one- to three-household dwellings, aAll open
off-street parking areas and driveways shall have a 6-inch by 6-inch perimeter concrete
curb around the entire parking lot, including driving access ways, except for individual
townhouse units and one- to three-household dwellings. Continuous concrete curbing
shall be built according to standards provided by the City Engineer. Unless otherwise
approved, the perimeter curb shall 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 shall be provided in all
situations where deemed necessary by the City Engineer to control drainage and soil
erosion.
453
Ordinance #1761. page 46-4
3. Alternative perimeter treatment may be permitted adjacent to snow storage areas subject
to the approval of the City Engineer.
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
K. Protruding Vehicles. All onsite parking stalls which abut property lines shall be designed and
constructed such that parked vehicles shall not protrude over property lines.
L. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of 3 feet in width shall be
provided between any existing or proposed building and adjacent parking lot. Where sidewalk
curbs serve as wheel stops, an additional 2 feet of sidewalk width is required.
M. Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to store
snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas,
shall not cause snow to be deposited on public rights-of-way, shall not include areas provided
for required parking access and spaces, and shall not be placed in such a manner as to damage
landscaping. All snow removal storage areas shall 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 any
adopted storm drainage ordinance or best practices manual.
N. Parking and Stacking for Drive In/Drive Through Facilities. Required parking and stacking
spaces for waiting automobiles shall provide a minimum of 2 stalls and 6 spaces for stacking per
lane unless a traffic summary shows that fewer spaces may be required. These spaces shall not
in any manner inhibit on-site or off-site vehicular circulation.
O. Ownership/Leasehold. Required parking lots shall be owned or leased by the owner or lessee of
the building or use being served by such parking. Such parking lots shall 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. Storm Water Drainage. Storm water drainage from parking lots shall be directed into landscaped
detention/retention facilities and water quality improvement facilities as required by the
Engineering Department, or in compliance with any adopted storm drainage ordinance and/or
best practices manual adopted by the City.
18.46.030 MAINTENANCE OF PARKING AREAS
It shall be 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
and required fences or screening.
A. Use of Required Parking Areas for Parking Only. Required off-street parking spaces in any
district shall not be utilized for open storage, sale or rental of goods, storage of inoperable
vehicles, except when permitted as a temporary use.
B. Parking Spaces Identified and Maintained. All residential occupancies shall provide required off-
street parking spaces. When enclosing a carport or garage for storage or living purposes, an
affidavit shall be submitted to the Planning Director identifying the required parking spaces
necessary to comply with §18.46.040, BMC below.
18.46.040 NUMBER OF PARKING SPACES REQUIRED
The following minimum number of off-street, paved parking spaces for motor vehicles and bicycles
shall 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, a whole space shall be provided.
454
Ordinance #1761. page 46-5
A. Residential Uses.
1. Minimum Requirements. The number of spaces shown in table 46-2 shall be provided.
In addition to the number of spaces required from the table 46-2, the required number
of disabled parking stalls shall also be provided as required by table 46-6. All site plans
submitted for permit purposes shall identify parking space allocations.
a. 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 shall not exceed the number of dwellings on the lot. The
width of drive accesses, designated non-parking areas, vision triangles, and
similar circumstances shall not be considered to be available for the purpose of
on-street parking space.
Table 46-2
Dwelling Types Parking Spaces Required per Dwelling
Accessory dwelling unit 1
Efficiency unit / Lodginghouse 1.25
One-bedroom 1.5
Two-bedroom 2
Three-bedroom 3
Dwellings with more than three bedrooms 4
Group homes and community residential facilities 1 space per potential guest room
Bed and breakfast 1 space/rental unit
Manufactured Home 2
2. Adjustments to Minimum Requirements.
a. Affordable Housing. When calculating the amount of required parking for
affordable housing, as defined in Chapter 18.80, BMC, if the project is
guaranteed for use as affordable housing for a minimum period of 20 years and
the use as affordable housing is subject to long term monitoring to ensure
compliance and continued use as affordable housing, Required parking spaces
shall be calculated based on number of bedrooms outlined in Table 46-2, but
shall not exceed 2 spaces per unit.
b. Residential Uses in Mixed-use Projects. In order to utilize this section, the long
term availability of the nonresidential parking spaces upon which the use of this
section was based shall be assured to the residents of the project. For the
purposes of this section, residential parking shall be calculated as if on-street
parking were available for all dwellings. The use of this section does not preclude
the use of other sections of this title which may have the effect of reducing the
required amount 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 one of the following provisions:
(1) A reduction of not more than 50 percent of the required number of
spaces for residential uses may be taken, provided that the number of
spaces which are reduced do not exceed 30 percent of the total spaces
455
Ordinance #1761. page 46-6
provided for the total project uses. Not withstanding the provisions of
this subsection a minimum of 0.75 parking space per dwelling unit shall
be provided; or
(2) If the nonresidential portions of the project provide 300 percent or more
of the number of off-street parking spaces required by the residential
units, then the number of off-street parking spaces required per
residential unit shall be zero, provided that the occupants of the
residential units are permitted use of the provided nonresidential parking
spaces.
B. Nonresidential Uses.
1. Minimum Requirements. The number of spaces shown in table 46-3 shall be provided.
Spaces are not required to be provided free to the user. In addition to the number of
spaces required from table 46-3, the required number of disabled parking stalls required
by table 46-6 shall also be provided. All site plans submitted for permit purposes shall
identify parking space allocations. When a use is not included in table 46-3, the Planning
Director shall determine the appropriate classification for the purpose of required
parking.
2. Maximum Parking. Provision of parking spaces in excess of 125 percent of the minimum
number of spaces required for the net floor area in §18.46.040.B, BMC is not permitted.
Table 46-3
Use Type Off-Street or Off-Road Parking Spaces Required
Automobile sales 1 space per 200 square feet of indoor floor area; plus
1 spaces 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
a. Automatic
drive-through
b. Self-service
a. 3 spaces or 1 for each employee on maximum shift; plus stacking
space
b. 2 spaces per stall not including washing or drying spaces
Bank, financial
institutions 1 space per 300 square feet of floor area
Bowling alley
42 spaces per alley; plus
2 spaces per billiard table; plus
Church
1 space per 4 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
Court clubs
(racquetball, handball,
tennis)
1 space per 200 square feet of floor area; plus
3 spaces per court
Dancehalls, skating
rinks or similar uses 1 space per 300 square feet of floor area
Day care centers 1 space per 200 square feet of floor area staff member plus 1 space per 15
children permitted
Elderly (senior citizens)
housing 1 space per unit
Furniture stores over
20,000 square feet 3 spaces per 1,000 square feet of floor area
456
Ordinance #1761. page 46-7
Use Type Off-Street or Off-Road Parking Spaces Required
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
Restaurants, bars,
dining rooms
b. Commercial area
c. Public assembly
areas
1.1 spaces per each guest room; plus
1 space per employee on maximum shift; plus spaces for accessory uses as
follows:
a. 1 space per 60 square feet of floor area
b. 1 space per each 400 square feet of floor area
c. 1 space for each 5 seats based upon design capacity, except that total off-street
or off-road 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 with a minimum of 4
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 shall 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 150250 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 2125 square
feet of area available for public assembly if fixed seats are not provided
Schools
a. Senior High
b. Business or similar
school
a. 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students;
plus 1 space for each non-teaching employee; plus 1 space per each 3 fixed seats
in the area of public assembly, or 1 space per 2125 square feet of area available for
public assembly if fixed seats are not provided
b. 1 space for each 1.25 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 suport accessory office or retail sales facilities at 1 space per
300 square feet of floor are
3. 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 shall not be considered as joint use of parking or off-site parking
regulated by §18.46.050 and §18.46.060, BMC nor shall the use of this section preclude
the use of other sections of this title which may have the effect of reducing the required
amount of on-site parking.
a. Neighborhood Commercial. Within zoning districts implementing a
Neighborhood Commercial growth policy designation or the B-3 zoning district,
the parking requirements for non-residential uses may be reduced.
Table 46-4
457
Ordinance #1761. page 46-8
Use Maximum Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Office 20 percent
All Others 30 percent
Transit
Availability
An additional 10 percent reduction may be taken in circumstances where
the development is within 4800 feet of a developed and serviced transit
stop.
b. Community Commercial. Within zoning districts lying within a commercial node,
as defined in Chapter 18.80, and implementing a Community Commercial
growth policy designation, the parking requirements for nonresidential uses may
be reduced.
Table 46-5
Use Maximum Allowable Reduction
Retail 1020 percent
Restaurant 2030 percent
Office 10 percent
All Others 10 percent
Transit
Availability
An additional 10 percent reduction may be taken in circumstances where
the development is within 4800 feet of a developed and serviced transit
stop.
C. 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.
1. Landscaping in Lieu of Parking. Except in the B-3 district, property owners have the
option of requesting the deletion of up to 5 required spaces or 10 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 shall not decrease the amount
of landscaping that would have been required with full parking, but shall be in addition
to such landscaping. This option shall be approved by the ADR staff. These
improvements must be placed in the public right-of-way or yards directly facing the
right-of-way.
2. Exceptions and Modifications to Parking Requirements in B-3 District. Where all or part
of the required parking spaces can not 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:
a. No building permit shall be issued, nor shall any use of property be initiated,
unless a satisfactory cash-in-lieu payment is received by the Department of
Finance;
458
Ordinance #1761. page 46-9
b. The Parking Commission shall review and consider all requests for cash-in-lieu
payments and furnish a written and dated certificate, signed by the Parking
Commission Chairman, authorizing cash-in-lieu payments. A copy of this
certificate shall be presented to the Chief Building Official and Planning Director
before a building permit is issued or the use instituted;
c. For each required parking space not provided, payment shall be made to the City
Finance Department as specified by standard payment requirements established
by the Bozeman Parking Commission;
d. 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, shall 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;
(1) In the event that a new use or an expansion is initiated on any portion of
real property or improvements subsequent to the assessments for SID
No. 565 or other similarly adopted improvement districts, then parking
space requirements shall be satisfied prior to initiation of those new or
expanded uses.
3. Property owners have the option of requesting the deletion of up to 10 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 deleted a non-residential
shower, changing area, and five clothing lockers are provided on-site.
D. Disabled Accessible Parking Spaces.
1. Disabled parking spaces shall be provided subject to federal standards enumerated in the
Americans with Disabilities Act (ADA) dated January 26, 1992, and Federal Standard
795, (Uniform Federal Accessibility Standards) dated April 1, 1988, Chapter 4
(Accessible Elements and Spaces: Scope and Technical Requirements). Each disabled
parking space shall also be accompanied by a sign stating “Permit Required $100 Fine”.
See Figure 18.46.040.D in Appendix A.
2. All parking lots and facilities shall be subject to current International Building Code
guidelines for accessibility, and shall contain a minimum number of disabled accessible
parking spaces as set forth in the table below:
Table 46-6
Total Parking
in Lot
Required Minimum Number of
Accessible Spaces
Total Parking
in Lot
Required Minimum Number of
Accessible Spaces
1 to 25 1 201 to 300 7
26 to 50 2 301 to 400 8
51 to 75 3 401 to 500 9
76 to 100 4 501 to 1000 2 percent of total
101 to 150 5 1001 and over 20 plus 1 for each 100 over 1000
151 to 200 6
a. The first accessible parking stall provided, and one in every eight accessible
spaces provided thereafter, shall have an aisle 8 feet wide (rather than 5 feet) and
shall be signed “van accessible.”
459
Ordinance #1761. page 46-10
b. Accessible spaces shall be located as near as practical to a primary entrance(s)
and shall be designated as those spaces closest to the primary entrance(s) to a
facility. Parking spaces and access aisles shall be level with slopes not exceeding
1:50 in all directions and shall be maintained in an ice and snow free condition.
c. The minimum number of accessible parking spaces shall be in addition to any
other required parking spaces.
3. All accessible parking spaces shall be designated as reserved for the disabled by a sign
showing the symbol of accessibility at each space. Such signs shall not be obscured by a
vehicle parked in the space. Signs and symbols painted on the pavement as the only
means of identification do not meet this requirement. See Figure 18.46.040.D in
Appendix A.
a. Raised signs shall be located at a distance no greater than 5 feet from the front of
each accessible space and shall be subject to review and approval by the Planning
Department.
4. Provision of an accessible path of travel from each disabled accessible parking space to
the entrance of the facility shall include ramped access where necessary and an
unencumbered minimum 3-foot wide walk, sidewalk or ramps. The accessible path of
travel shall be a paved, smooth surface, free of defects or design features that would
restrict, inhibit or unreasonably impede the movement of a physically disabled individual.
a. The least possible slope shall be used for any ramp. The maximum slope of a
ramp in new construction shall be 1: 12, cross slopes shall not exceed 0.25 inch
per foot. The maximum rise for any run shall be 30 inches.
5. Exceptions: Group R occupancies, per the most recently adopted International Building
Code definition, containing three or less dwelling units or congregate residences
accommodating ten persons or less.
6. Prior to occupancy, the applicant or their representative shall certify compliance with the
requirements of subsection D of this section.
E. Bicycle Racks Parking Required. All site development, exclusive of those qualifying for sketch
plan review per Chapter 18.34, BMC, shall provide adequate bicycle parking facilities to
accommodate bicycle-riding residents and/or employees and customers of the proposed
development. The number of bicycle parking spaces shall be at least 10 percent of the number
of automobile parking stalls required by Tables 46-2 and 46-3 but shall in no case be less than
two.
1. Bicycle parking facilities will be in conformance with standards recommended by the
Bozeman Bicycle Advisory Board City’s long range transportation plan.
2. Required bicycle parking shall be provided in a safe, accessible and convenient location.
Directional signage shall be installed when bicycle parking facilities are not readily visible
from the street, sidewalk, or main building entrance. Installation of bicycle parking shall
allow for adequate clearance for bicycles and their riders.
3. 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.
4. Covered bicycle parking is encouraged.
18.46.050 JOINT USE OF PARKING FACILITIES
A. Up to 80 percent of the parking facilities required by this chapter for a church, civic center,
performing arts center, or for an auditorium incidental to a public or parochial school may be
460
Ordinance #1761. page 46-11
supplied with the off-street parking facilities of the following daytime uses: banks, business
offices, retail stores, personal service shops, household equipment or furniture shops, clothing
or shoe repair or service shops, manufacturing, wholesale and similar uses.
B. Shared parking may be requested if parking can be provided to serve two (2) or more individual
land uses without conflict or encroachment. The Planning Director may make a determination
for shared parking arrangements based on a traffic survey or traffic impact study for the site(s)
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 Planning Director.
2. The parties sharing parking spaces shall enter into a long-term joint use agreement
revocable with City Commission approval, running with the term of the designated uses.
C. 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 shall 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 shall show that there is no substantial conflict 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, shall be filed with the Clerk of the Commission and recorded with the
County Clerk and Recorder.
18.46.060 OFF-SITE PARKING
Any off-site parking which is used to meet the requirements of this title shall be reviewed by the
Planning Director for compliance with this title and shall be subject to the conditions listed below.
A. Off-site parking shall be developed and maintained in compliance with all requirements and
standards of this title;
B. Reasonable access from off-site parking facilities to the use being served shall be provided;
C. The site used for meeting the off-site parking requirements of this title shall be under the same
ownership as the principal use being served, under public ownership, or shall have guaranteed
permanent use by virtue of a perpetual lease filed with the Clerk of the Commission and the
County Clerk and Recorder;
D. Off-site parking for one-household and two-household dwellings shall not be permitted;
E. Off-site parking for multiple household dwellings shall not be located more than 100 feet from
any commonly used entrance of the principal use served;
F. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the
commonly used entrance of the principal use as measured by the route of travel from the nearest
parking space to the commonly used entrance of the principal use served and shall not be
located in residential districts; and
461
Ordinance #1761. page 46-12
G. Any use which depends upon off-site parking to meet the requirements of this title shall
maintain ownership or provide evidence of a long-term lease agreement, revocable with City
Commission approval, running with the term of the designated use, for parking utilization of the
off-site location.
462
Ordinance #1761. page 52-1
CHAPTER 18.52
SIGNS
18.52.010 INTENT AND PURPOSES
It is the intent and purpose of this chapter to promote the health, safety and welfare of the residents and
visitors of the City of Bozeman 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 for
the following reasons:
A. To preserve the Bozeman area’s natural scenic beauty;
B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, in part, with
the unrestricted proliferation of signs, lights and stringed devices;
C. To encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community’s built and natural environment;
D. To give all businesses an equal opportunity to have a sign that will help people find the services
they need; and
E. To ensure that pedestrians and motorists are protected from damage or injury caused or partly
attributable to the distractions and obstructions which are caused by improperly situated signs.
The City Commission intends to provide a reasonable balance between the right of an individual
to identify their business and the right of the public to be protected from the visual discord that
results from the unrestricted proliferation of signs. Sections 18.28.070 and 18.30.080, BMC
establish certain exemptions, and alternative procedures utilizing design review. The
deliberations and decisions of the design review shall be directed to accomplish the intent and
purpose of this section. It is determined that the regulations contained herein are the minimum
necessary to further the interests of this title.
18.52.020 SIGN PERMIT REQUIREMENTS
If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected or
modified on a zone lot, the owner of the lot shall secure a sign and building permit prior to the
construction, placement, erection or modification of such a sign. Furthermore, the property owner shall
maintain in force, at all times, a permit for such sign. No permit of any kind shall be issued for an
existing sign or proposed sign unless such sign is consistent with the requirements of this chapter.
18.52.030 PROHIBITED SIGNS
All signs not expressly permitted under this chapter, or exempt from regulation, are prohibited in the
City. Such signs include, but are not limited to:
A. Portable signs (except as allowed under Title 12, Chapter 22, BMC);
B. Roof signs;
C. Revolving signs;
D. Beacons, spot lights;
E. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for
time and temperature or incidental signs as defined in Chapter 18.80, BMC;
F. Pennants, streamers, wind socks, pinwheels, or similar items;
G. Stringed flags;
H. Inflatable signs and tethered balloons (except as permitted per §18.52.040, BMC); and
463
Ordinance #1761. page 52-2
I. Signs located in public rights-of-way (except for those permitted in §18.52.050.C and
§18.52.060.D.4, BMC).
18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS
Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excluding
those subject to §18.52.050, BMC, shall be allowed only as follows:
A. Special event signs are permitted in the zones described in §18.52.060.A and §18.52.060.B, BMC.
B. Applicants for temporary signs shall apply for, and have approved, a temporary sign permit
C. All temporary signs shall comply with size, height, and location requirements of this chapter.
D. For special commercial events, temporary signs shall be displayed for a consecutive period not
to exceed fifteen days, for a maximum of thirty days per calendar year, from January 1 to
December 31. There shall be a period of at least seven days between each fifteen day display
period.
E. Grand opening temporary signs may be may be displayed for an period not to exceed 60 days,
additional temporary signs shall not be allowed until the next calendar year. Only one grand
opening temporary shall be permitted for the life of the business. A subsequent grand opening
banner may be permitted when business ownership has transferred to another owner, or when
the business moves to a new location on a different zone lot.
F. Temporary signs that identify a new business may be displayed until the business erects a
permanent sign, only if the business is in the process of obtaining a permanent sign, or 60 days,
whichever comes first. If the business has had a temporary sign in this instance, the business
will be allowed 30 more days of temporary signage, but not a grand opening temporary sign.
G. Itinerant vendors shall receive information about allowable temporary signs at the time they
apply for a business license, but no permit is required if the itinerant vendor is operating less
than 7 days.
H. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental, may apply for a long term temporary sign which may be approved for a period not to
exceed 180 days.
I. Businesses may promote events in the community, such as the County Fair or Sweet Pea, by
applying for and receiving a temporary sign permit for their location. When notice of the event
and non-sponsorship related information occupies more than 75 percent of the banner area,
such a temporary sign will not count in their temporary and special event signage limit of 30 days
a year.
18.52.050 SIGNS EXEMPT FROM PERMIT REQUIREMENTS
The following signs shall be exempt from the permitting requirement but must comply with the criteria
for signs allowed by this sectiontitle:
A. Residential Zones ( R-S, R-1, R-2, R-3, R-4, RMH).
1. Temporary, nonilluminated, real estate sale, political campaign and other noncommercial
speech signs that do not exceed 9 square feet in total area and, if freestanding, 5 feet in
height. No more than one such sign per street frontage.
2. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are physically at the residence, and
the sign shall be removed immediately when the working party leaves the property. Such
sign shall not exceed 9 square feet in total area and, if free standing shall not exceed five
feet in height. Not more than one such sign per street frontage per lot is allowed.
464
Ordinance #1761. page 52-3
B. Commercial and Manufacturing Zones (R-O, B-1, B-2, B-3, M-1, M-2, BP, PLI, HMU).
1. Window signs painted on the window or physically affixed to the interior of a window,
provided that such signs do not occupy more than 25 percent of the area of the window
in which it is displayed. If it exceeds 25 percent of the area of the window, it will be
classified as a wall sign.
2. 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.
3. Temporary non-illuminated, real estate sale, for rent or lease, political campaign,
noncommercial speech signs shall not exceed 32 square feet in size, shall be no more
than 5 feet high and shall be at least 5 feet from the property line. Only one sign of each
candidate or other type and subject per street frontage per lot is allowed.
4. Political signs may be erected 60 days prior to the scheduled date of the primary election
and must be removed not later than 7 days after the candidate is unsuccessful, withdraw,
or the general election, whichever comes first.
5. Development and Construction Signs shall not exceed 32 square feet in size, shall be no
more than 5 feet high and shall be at least 5 feet from the property line. All parties to
the development, including but not limited to, banks, architects, contractors, developers,
future occupants of the lot, real estate agent, landscape company shall be on a single sign
per street frontage per lot.
6. Four on-premises directional signs not exceeding 4 square feet in area and 5 feet in
height which shall not contain any commercial messages.
C. All Zones.
1. Government and Public Utility Signs. Directional, warning, street, building identification,
traffic control, informational or temporary special event signs that are erected, installed
or placed by or on behalf of any 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.
2. Incidental Signs. 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,”
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, shall
be considered incidental.
18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT
The following on-premise signs are permitted in the indicated zones subject to a sign permit:
A. Commercial, Manufacturing, and Public Land Zones ( B-2, B-3, M-1, M-2, BP, PLI, HMU). A
lot in a B-2 district is permitted total signage not to exceed 400 square feet. The maximum
allowable total signage in the other districts listed herein shall not exceed 250 square feet per lot.
A comprehensive sign plan is required for all commercial centers consisting of two or more
tenant spaces on a lot and shall be designed in accordance with §18.52.070, BMC.
1. Freestanding Signs. One freestanding sign is permitted per zoned lot. The maximum area
for a freestanding sign shall be 32 square feet. A low profile freestanding sign shall be set
back a minimum of 5 feet with a maximum height of 5 feet. A pole-style freestanding
sign shall be set back a minimum of 15 feet with a maximum height of 13 feet. The pole-
style sign will maintain at least an 8-foot minimum vertical clearance from the ground.
465
Ordinance #1761. page 52-4
2. Wall Signs. Wall signs are not to exceed a total signage allowance of 1.5 square feet per
linear foot of building frontage minus any area devoted to freestanding or projecting
signs. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall
not project above the top of a wall or parapet. Lots fronting on two or more streets shall
be permitted an additional 35 percent of the already permitted wall sign area for each
subsequent building frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8
square feet in area nor extend more than 4 feet from the building. In the B-3 district,
projecting signs shall not exceed 12 square feet in area nor extend more than 6 feet from
the building. Projecting signs shall provide a minimum sidewalk clearance of 8 feet.
B. Business and Office Zones (B-1, R-O). The maximum allowable total signage for a lot with one
building shall not exceed 80 square feet in a B-1 district or non-residentially planned R-O
district, the maximum allowable total signage for a lot with two or more buildings shall not
exceed 160 square feet in a B-1 district or non-residentially planned R-O district and 32 square
feet in a residential planned R-O district. A comprehensive sign plan is required for all
commercial centers consisting of two or more tenant spaces on a lot. Such plans shall be
designed in accordance with this section.
1. Low Profile Freestanding Signs. One low profile sign not to exceed 32 square feet in area
in the B-1 district, and 12 square feet in area in the R-O district. In both the B-1 and the
R-O districts, the low profile sign shall have a minimum setback of 5 feet and a
maximum height of 5 feet. Pole-style freestanding signs are not permitted in the B-1 and
R-O zones.
2. Wall Signs. Wall signs in the B-1 district are not to exceed a total signage allowance of 1
square foot per linear foot of building frontage minus any area devoted to freestanding
or projecting signs. Wall signs in the R-O district are not to exceed a total signage
allowance of 0.5 of a square foot per linear foot of building frontage minus any area
devoted to freestanding and/or projecting signs. Canopy, window and awning signs
shall be classified as wall signs. Wall signs shall not project above the top of a wall or
parapet. Lots fronting on two or more streets shall be permitted an additional 35 percent
of the already permitted wall sign area for each subsequent building frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8
square feet in area nor extend more than 4 feet from the building. Projecting signs shall
provide a minimum sidewalk clearance of 8 feet.
4. Subdivision Identification Signs. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign per
development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5
feet in height from the finished grade. The sign must be setback at least 5 feet from the
property line.
5. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Each sign
shall not exceed 8 square feet in area.
C. Residential Zones (R-S, R-1, R-2, R-3, R-4, RMH).
1. Subdivision Identification Signs. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign per
development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5
feet in height from the finished grade. The sign must be setback at least 5 feet from the
property line.
466
Ordinance #1761. page 52-5
2. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Each sign
shall not exceed 8 square feet in area.
3. Signs Appurtenant To Residential Principal and Conditional Uses and Home
Occupations.
a. Principal residential uses and home occupations shall be permitted commercial
message signage not to exceed 4 square feet in area and shall not be located in
any required setback area. In addition, home occupations shall be permitted 1
square foot signs on a mailbox or lamp post or 1.5 square feet of freestanding
signage located a minimum of 5 feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which
do not exceed 30 square feet in area nor 5 feet in height. Such sign(s) must be
setback at least 15 feet from the property line.
c. Conditional nonresidential type uses, such as churches, veterinary uses, golf
courses, day care centers and schools shall be permitted signage as if the
underlying zoning were B-1. Conditional residential type uses such as bed and
breakfast homes, and fraternity and sorority houses, shall be permitted signage as
if the underlying zoning were R-O. Such signs may only be illuminated during
the hours of operation.
4. Planned Unit Developments. Commercial establishments within planned unit
developments where the underlying zoning is residential shall be permitted signage as if
the lot were in a B-1 zone.
D. Special Districts And Zones. The guidelines for the underlying zoning districts apply unless
otherwise addressed below.
1. Neighborhood Conservation Overlay District. Within this district, all signage is subject
to issuance of a Certificate of Appropriateness. If the applicant is not requesting sign
deviations, the sign application will be reviewed by ADR staff. If the applicant is
requesting deviations, the sign application shall be subject to review by the Design
Review Board and the City Commission.
2. Entryway Overlay District. Signage may exceed the underlying zoning district limitations
by up to 20 percent upon review and approval of a deviation by the City Commission,
upon the recommendation of the Design Review Board, and upon receipt of a
Certificate of Appropriateness.
3. Interchange Zone. Signage may exceed the maximum total sign area permitted by
§18.52.060, BMC by up to 25 percent upon review and approval of a deviation by the
City Commission, upon the recommendation of the appropriate design review advisory
body, and upon receipt of a Certificate of Appropriateness. Each lot shall be permitted
one freestanding sign.
a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a
low profile sign shall be 40 square feet. The sign shall be setback a minimum of 5
feet with a maximum height of 8 feet.
b. Pole-Style Signs. A pole-style freestanding sign shall be set back a minimum of
15 feet and will maintain at least an 8-foot minimum vertical clearance. Pole-style
signs shall not exceed a total area of 40 square feet or 16 feet in height, provided
however, that for every 2 feet said sign is set back from 15 feet beyond the street
right-of-way, the height measured at grade may be increased 1 foot, not to
exceed a total of 32 feet, and the area may be increased by 2.5 square feet for
467
Ordinance #1761. page 52-6
every 2 feet that said sign is set back 15 feet beyond the street right-of-way up to
a maximum of 120 square feet.
4. Main Street Historic District. Permits for signs that encroach into the public right-of-way
shall be obtained from the City Manager’s office in City Hall.
18.52.070 COMPREHENSIVE SIGN PLAN
A comprehensive sign plan shall 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 shall not be approved unless it is consistent
with this chapter, 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 shall be achieved by:
A. 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;
using other types of integrating techniques, such as common color elements, determined
appropriate by the Planning Director.
B. Using the same form of illumination for all signs, or by using varied forms of illuminations
determined compatible by the Planning Director.
18.52.080 MULTITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE FEET OF
GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of
the total floor area on the zoned lot that the tenant occupies multiplied by the wall area allowed
by §18.52.060.A.2 or §18.52.060.B.2, BMC. 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 shall be allowed a low profile sign that identifies the complex, which
otherwise conforms to this chapter, in addition to the sign area already permitted under
§18.52.060.A.2or §18.52.060.B.2, BMC.
18.52.090 MULTITENANT COMPLEXES WITH MORE THAN 100,000 SQUARE FEET
OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
1. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, not 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from 1.5 times
the linear store frontage. For the maximum allowable total signage, please see §18.52.060.A or
§18.52.060.B, BMC.
468
Ordinance #1761. page 52-7
18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000
SQUARE FEET OF GROUND FLOOR AREA
The guidelines for the underlying zoning districts apply unless otherwise addressed below:
A. Freestanding Signs.
l. Pole-style Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height. The sign area computed for a pole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, nor 5 feet in
height, and must be setback a minimum of 5 feet from the property lines. All low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300
square feet of wall signage. Each tenant with an exclusive outdoor customer entrance shall be
permitted wall signage square footage calculated from 5 percent of the ground floor area.
18.52.110 ILLUMINATION
A. Illumination, if any, shall 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 shall be limited to 60
milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light
output. Additionally, neon and other gas type signs with exposed tubing shall be equipped with
dimmers.
B. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the
top of the sign and aimed downward; ground-mounted sign lighting may only be used for
monument style signs. Fixtures used to illuminate signs shall be aimed so as not to project their
output beyond the sign.
18.52.120 STREET VISION TRIANGLES
Signs shall not be placed in sight vision triangles as they are established in §18.44.100, BMC.
18.52.130 REQUIRED ADDRESS SIGNS
Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones,
consistent with the requirements of the Fire Department. All freestanding signs shall display the address
of the lot in 6-inch numbers.
18.52.140 BILLBOARDS AND OTHER OFF-PREMISE ADVERTISING
Off-premises commercial advertising signs are not permitted within the Bozeman City limits except as
permitted by state or federal law.
A. Exception: Off-premises signs may be placed on the interior of transit shelters reviewed and
approved by the City of Bozeman and served by an active fixed route transit service. Signage
within a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes.
18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES ON
PUBLIC PROPERTY
Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as follows:
469
Ordinance #1761. page 52-8
A. The sign(s) shall be permitted only at developed facilities in public parks or other publicly owned
lands.
B. The sign(s) may be erected two weeks prior to the commencement of the activity and shall be
removed within two weeks after the cessation of the activity for which the sign(s) were erected.
C. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a
minimum of 15 feet from the property line with a maximum height of 5 feet. Signs attached to
walls or scoreboards shall not be subject to the 5 foot height limitation. However, signs attached
to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are
attached. All signs shall be oriented towards spectators attending the activity who are at the
facility.
D. The sign(s) shall not:
1. Advertise alcoholic beverages or tobacco products;
1.2. Be individually illuminated; nor
2.3. Be placed in sight vision triangles or otherwise impede or obstruct the view of the
traveling public.
E. Applicants for such sign(s) must apply for, and have approved, a special temporary sign permit
detailing the nature of the sign(s) to be erected and the duration the sign(s) will remain in place.
Applications and review procedures shall be made as per §18.52.170, BMC.
18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS
Signs which have historical or cultural significance to the City but do not conform to the provisions of
this chapter, maybe permitted provided that the City Commission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted by
resolution of the City Commission.
18.52.170 APPLICATION
An application for a sign shall be made on forms provided by the Planning Department. The application
shall contain sufficient information and plans to permit review pursuant to this chapter, 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. An applicant may appeal the denial of permit request pursuant to the provisions of
Chapter 18.66, BMC.
18.52.180 MAINTENANCE OF PERMITTED SIGNS
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and
sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of
repair or has been abandoned, it shall be the duty of the owner and the occupant of the premises to
repair or remove the sign within fourteen calendar days after receiving written notice to do so from the
Planning Director. If the sign is not so repaired or removed within such time, the Planning Director
shall cause the sign to be removed at the expense of the owner of the premises.
18.52.190 NONCONFORMING SIGNS
A. The eventual elimination of existing signs that are not in conformity with the provisions of this
chapter is as important as the regulation of new signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
sign.
470
Ordinance #1761. page 52-9
B. All signs which were legally permitted prior to June 22, 1997 are considered legal, permitted
signs under this chapter. Except as provided for in subsection C of this section, said sign, if
nonconforming with this chapter, may 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
readerboards with changeable letters);
3. Structurally altered to extend its useful life; or
4. Expanded, moved or relocated.
C. 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 (except as provided in subsection D below).
D. Any lot with a nonconforming sign may not add additional signage until all signs on the lot are
brought into conformance with this chapter. Any site modification that requires a certificate of
appropriateness, site plan review or reuse application will necessitate compliance for all existing
and proposed signage on the lot.
E. Notwithstanding any other provision of this chapter, no sign shall be subject to any limitation
based on the content of the message contained on such sign. Any sign authorized in this chapter
may contain noncommercial copy in lieu of any other copy.
471
Ordinance #1761. page 56-1
CHAPTER 18.56
BOZEMAN WETLAND REGULATIONS
18.56.010 TITLE AND APPLICABILITY
These regulations shall be known as the Bozeman wetland regulations and may be cited as the wetlands
regulations. These wetland regulations shall 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. Bozeman’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 man-made water source used for irrigation purposes or stormwater control.
18.56.020 INTENT AND PURPOSE
A. Wetlands perform many important ecological functions. It is the intent and purpose of this
chapter to protect, preserve and enhance wetlands to provide the following functions:
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 chapter to protect, preserve and enhance wetlands to provide the following
values:
1. Habitat for fish, wildlife and plants (including endangered and threatened);
2. Recreation;
3. Open space;
4. Visual and aesthetic;
5. Education and research; and
6. Historical, cultural and archeological 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
472
Ordinance #1761. page 56-2
structures from damage, and to minimize public and private development and maintenance
costs.
D. It is not the intent of this chapter 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 chapter shall 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 chapter shall be construed to prevent compliance with applicable state or federal
statutes and regulations.
18.56.030 APPLICATION OF WETLAND REGULATIONS
A. These regulations shall apply to any regulated activity which may impact wetlands as indicated
defined in Section 18.80.3170, BMC on the Bozeman Area Wetland Map orknown prior to or
discovered through the development review process, and verified through a site-specific
wetlands boundary determination. When any regulated activity is proposed, and the Bozeman
Area Wetland Map indicates that wetlands are present on the subject tract or if wetlands are
discovered through the development review process, a wetlands boundary determination shall be
conducted. If the determination finds that there are no wetlands present on the subject tract,
these regulations shall not apply. If, however, wetlands are found on the subject tract the
proposal shall be subject to these regulations. The provisions of this chapter shall be applied in
addition to any other applicable regulations of this title.
1. The wetlands boundary determination shall be prepared in accordance with the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1987).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 chapter 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 Montana Department of Fish, Wildlife and Parks
and the Montana Natural Heritage Program.
C. Any development for which the watercourse setback requirements of §18.42.100, BMC are
provided is considered to have addressed the concerns of this chapter and is exempt from this
chapter.
D. This chapter is not intended to repeal, abrogate, supersede or impair any existing federal, state,
or local law, easement, covenant or deed restriction. However, if this chapter imposes greater or
more stringent restrictions, the provisions of this chapter shall prevail. Specifically, if a regulated
activity pursuant to this chapter also requires authorization under Section 404 of the Clean
Water Act from the US Army Corps of Engineers, the applicant shall meet any greater or more
stringent restrictions set forth in this chapter in addition to and independent of the restrictions
of such permit.
473
Ordinance #1761. page 56-3
18.56.040 WETLANDS REVIEW BOARD POWERS AND DUTIES
In addition to the duties established by Chapter 18.62, BMC, the WRB shall have the following powers
and duties:
A. Prepare Review wetland delineation boundaries and functional assessments for wetlands that
may be impacted by regulated activities;
B. Based on wetland functional assessments and other submittal materials, make recommendations
to the Planning Director, Board of Adjustment (BOA), or City Commission to allow or disallow
the regulated activity;
C. Recommend to the Planning Director, BOA, or City Commission appropriate wetland buffer
widths based on the wetland delineation, functional assessment, and other submittal materials;
D. Recommend to the Planning Director, BOA, or City Commission additional conditions on
regulated activities that are reasonably necessary to carry out the purpose and intent of this
chapter;
E. Provide assistance recommendations to applicants regarding alternatives to design of
developments that minimize impacts to wetlands and other aquatic resources; and
F. Testify as needed before all boards, commissions and agencies on any matter affecting wetlands.
18.56.050 WETLANDS MAPPING
A. The Bozeman Area Wetlands Map shall be adopted by resolution and shall, in addition to the
submittal materials of Section 18.78.130, BMC, be used to implement this chapter.
B. The Bozeman Area Wetlands Map may be amended by resolution by means of the performance
of a wetland boundary determination. Wetland boundary determinations shall be performed in
accordance with the procedures specified in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (January, 1987).
1. A CD-ROM containing the wetland boundary determination and raw survey data (if
applicable) shall be provided for use in amending the Bozeman Area Wetland Map. The
data shall be reported in UTM Zone 12 coordinates and NAD83 datum.
C. Prior to annexation, wetland boundary determinations and functional assessments shall be
prepared for all wetlands on the property to be annexed.
18.56.060 REGULATED ACTIVITIES
A. No person shall conduct any of the following regulated activities within a regulated wetland area,
as described in §18.56.030 of this chapter, without first having the proposed activity reviewed by
the WRB and approved by the Planning Director, BOA, or City Commission as appropriate.
Any activity in a regulated area 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 chapter, including
but 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;
474
Ordinance #1761. page 56-4
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 regulated wetland area, without review by the WRB
and approval by the Planning Director or City Commission, if they activities do not reduce the
size of a wetland or significantly reduce the degree to which a wetland performs any function
and in compliance with any other applicable state or federal law:
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;
2. Maintenance of an existing farm or stock pond, irrigation ditch, agricultural fence or
drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan
approved by the Gallatin 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, birdwatching, 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 within a required wetland buffer but
outside the boundaries of a delineated wetland, 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 set forth in §18.56.090 of this chapter, including but not limited to
removal of debris and maintenance of vegetation and wildlife habitat.
18.56.070 APPLICATION REQUIREMENTS AND PROCEDURES FOR REGULATED
ACTIVITIES IN REGULATED WETLAND AREAS
A. Review. All proposals for regulated activities in regulated wetland areas shall be reviewed by the
WRB. The WRB applicant shall prepare a functional assessment for all reviewed regulated
wetland areas. Based on the prepared functional assessment and other submittal materials, the
WRB shall forward a recommendation of approval, conditional approval or denial to the
Planning Director or City Commission.
B. Approval. All proposals for regulated activities in regulated wetland areas shall be reviewed and
approved, or conditionally approved, or denied by the Planning Director or the City
Commission in accordance with Chapters 18.06, 18.08, 18.34 and 18.36, BMC 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 shall
475
Ordinance #1761. page 56-5
submit a sketch plan application for review and recommendation by the WRB, and
review and approval by the Planning Director.
C. Submittal materials. The information required in §18.78.130, BMC shall be submitted for all
regulated activities proposed for regulated wetland areas.
D. Noticing. The review of regulated activities proposed for regulated wetland areas shall comply
with the noticing requirements of Chapter 18.76, BMC.
18.56.080 REVIEW STANDARDS
The Planning Director or City Commission may approve, conditionally approve or deny a regulated
activity in a regulated wetland area based on a recommendation from the WRB, and if:
A. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
B. 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:
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 Montana Department of Fish, Wildlife and Parks
and the Montana Natural Heritage Program; or
C. The applicant has demonstrated that the project is in the public interest, considering having
considered and documented:
1. The extent of the public need for the proposed regulated activity;
2. The functionsal and values as determined by a State of Montana accepted method of
functional assessment of the wetland that may be affected by the proposed regulated
activity;
3. The extent and permanence of the adverse effects of the regulated activity on the
wetland and any associated watercourse;
4. The cumulative adverse effects of past activities on the wetland; and
5. The uniqueness or scarcity of the wetland that may be eaffected.
18.56.090 WETLAND PERMIT CONDITIONS
The WRB may recommend conditions of approval for proposed regulated activities, and the Planning
Director or City Commission 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 on piles 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;
476
Ordinance #1761. page 56-6
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;
and
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of
maintaining wetland functions.
11. A yearly Mitigation Monitoring Report to be submitted to the WRB on a yearly basis,
with the due date to be determined on a case-by-case basis.
12. A Deed Restriction to be filed with the Gallatin County Clerk stating the measures that
will be taken to protect all water resources, mitigation, and buffer areas in perpetuity.
13. 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, bridges, constructed within wetlands will have
at least a 2-foot space between the bottom chord of structure and the wetland surface
elevation to limit shading impacts wetland vegetation to persist).
14. The WRB may recommend conditions to mitigate for locally-regulated (wetlands not
connected to a water of the U.S.), infringement upon watercourses, buffers, or negative
indirect or direct affects on the functionality of wetlands, watercourses or buffers.
18.56.100 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 Chapter 18.66, BMC.
18.56.110 ENFORCEMENT
This chapter shall be enforced in accordance with the provisions contained in Chapter 18.64, BMC.
477
Ordinance #1761. page 62-1
CHAPTER 18.62
DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW
BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR),
WETLANDS REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA)
18.62.010 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 Wetlands Review Board (WRB) are established
to coordinate, expedite and assure fair and equitable implementation of this title. The objective,
to be implemented through their procedures and deliberations, shall be to encourage
development quality that will enhance both the natural and built environments, with
consideration to present and future property values, and to carry out the purposes of this title.
All bodies authorized under this chapter 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 is established to evaluate all proposals subject to the provisions of this
title. The DRC is the body charged with reviewing items relating to public health and
safety.
a. The DRC shall act as an advisory body to the Planning Director for site plans
when no variance or deviation is requested; and
b. The DRC shall act as an advisory body to the City Commission for larger and
more complex proposals including conditional use permits, planned unit
developments, all site plans involving variances or deviations, divisions of land,
zone map amendments, annexations and other actions as requested by staff or
the City Commission.
2. DRB. The DRB is established to evaluate aesthetic considerations of larger and more
complex proposals which are likely to produce significant community impact and to
provide recommendations regarding such proposals to the Planning Director or City
Commission, subject to the provisions of this title.
a. The DRB shall act as an advisory body to the Planning Director for site plans
within overlay districts meeting one or more of the thresholds of §18.34.040.C,
BMC when no variance or deviation is requested; and
b. The DRB shall act as an advisory body to the City Commission regarding:
(1) Site plans within overlay districts meeting one or more of the thresholds
of §18.34.040.C, BMC when variances or deviations are requested;
(2) Conditional use permits located within overlay districts, but excluding
conditional use permits for the purpose of accessory dwelling units and
conditional use permits which do not create additional building area;
(3) Planned unit developments;
(4) Appeals from ADR decisions; and
(5) Review of applications for Large Scale Retail.
c. The DRB may develop, and after adoption by the City Commission, apply
specific guidelines related to such concerns as architectural appearance, landscape
design and signage for the construction and/or alteration of structures, sites or
areas;
478
Ordinance #1761. page 62-2
d. The DRB may review applicable development proposal applications for zoning
text amendments, or applications for moving, demolition or any other kind of
permit that may affect properties located within entryway corridors.
e. The DRB has responsibility for projects subject to §18.34.040.C, BMC.
3. ADR. The ADR staff is established as the review body for aesthetic considerations of
smaller and less complex proposals which are less likely to produce significant
community impact and to provide recommendations regarding such proposals to the
Planning Director and City Commission, subject to the provisions of this title.
a. The ADR staff shall act as the approval authority for sketch plans within overlay
districts when no variance or deviation is requested;
b. The ADR staff shall act as an advisory body to the Planning Director for site
plans within overlay districts not meeting one or more of the thresholds of
§18.34.040.B when no variance or deviation is requested;
c. The ADR staff shall act as an advisory body to the Planning Director regarding
reuse/further development permits within overlay districts; and
d. The ADR staff shall act as an advisory body to the City Commission regarding
all sketch plans and site plans not meeting one or more of the thresholds
§18.34.040.B within overlay districts when variances or deviations are requested,
for conditional use permits for accessory dwelling units, conditional use permits
where no additional building area will be created, and non-PUD divisions of
land;
e. The ADR may develop, and after adoption by the City Commission, apply
specific guidelines related to such concerns as architectural appearance, landscape
design and signage for the construction and/or alteration of structures, sites or
areas; and
f. The ADR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other kind of permit
that may affect properties located within entryway corridors.
4. WRB. The WRB is established to review wetland related submittal materials, prepare
functional assessments of regulated wetlands that may be impacted by proposed
regulated activities, evaluate the impacts proposed regulated activities may have on
delineated wetlands and to provide wetlands protection, mitigation and/or enhancement
recommendations regarding such proposals to the Planning Director, Board of
Adjustment, and City Commission, subject to the provisions of this title.
a. The WRB shall act as an advisory body to the Planning Director for sketch plans
and site plans when no variance or deviation is requested.
b. The WRB shall act as an advisory body to the City Commission, or Board of
Adjustment if applicable, for larger and more complex proposals including
conditional use permits, planned unit developments, subdivisions, all site plans
involving variances or deviations, divisions of land, zone map amendments, and
other actions as requested by staff or the Commission.
5. BOA. The BOA is established to consider zoning variances, deviations, site plans which
include variance or deviations, and conditional use permits, subject to the provisions of
this title. Variances and deviations are subject to Chapter 18.66 and conditional use
permits are subject to Chapter 18.34, in addition to the other relevant aspects of this
title.
479
Ordinance #1761. page 62-3
B. Development Review Committee Procedures Established. To implement this purpose, certain
procedures shall 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 shall have the ability and authority to require the DRC to
make a recommendation of denial when in their view the project can not meet the requirements
and review criteria of this title and acceptable conditions do not exist to cure the identified
failings of the project. Written meeting reviews, in the form of staff reports or summary reviews
prepared by the Planning Department, shall be made setting forth the DRC’s recommendation
to the Planning Director or City Commission and reasons for requiring such conditions as may
be deemed necessary by the DRC. These records shall be preserved as part of the official file for
each development proposal. Lastly, the DRC shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules that will assure the accomplishment
of the stated purpose and promote the efficiency and effectiveness of the developmental review
process.
1. The DRC shall at a minimum be composed of the following personnel: City Engineer or
designee, Fire Marshal or designee, the Streets Superintendent or designee, the Sanitation
Superintendent or designee, the Water/Sewer Superintendent or designee, the Planning
Director or designee and the Building Official or designee. When necessary, other
members of the committee may include: the Director of Public Safety or designee, the
Superintendent of Facilities and Public Lands or designee, the Superintendent of
Recreation or designee, the City Manager or designee, with other individuals to be
included as necessary at the Planning Director’s request.
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 or designee, the
County Sanitarian or designee, the County Road Superintendent or designee, and state or
federal agencies, with other individuals to be included as necessary.
C. Design Review Board Procedures Established. To implement this purpose, certain procedures
shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly
meeting attended by members of the DRB. Written meeting reviews setting forth decisions and
findings shall be made. These records shall be preserved as part of the official proceedings for
each developmental proposal. Lastly, the DRB shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the design review process.
1. The DRB shall consist of six professional and two nonprofessional members.
Professional members shall be degreed in their respective disciplines and/or otherwise
licensed or certified by their respective professional authorities. An appointment to a
term of service on the DRB is for two years. The professional contingent shall consist of
three architects and at least one architectural historian, and at least one landscape
architect or landscape designer. At least one of the professional members shall have
demonstrated expertise in urban design. Nonprofessional members shall be individuals
with an interest in, or knowledge of, urban design or historic preservation. No member
of the DRB shall serve concurrently as a member of the Planning Board or Zoning
Commission. A quorum of the DRB shall be four voting members and one of the
members constituting the quorum must be an architect. In the event a quorum of the
DRB may not otherwise be attained, the ADR staff may serve as alternates to prevent
delay in project reviews.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified professional resident is not available to
480
Ordinance #1761. page 62-4
serve, the City Commission may appoint a professional member who practices
professionally, owns property or owns a business within the City. Where a
nonprofessional resident is not available to serve, the City Commission may appoint a
nonprofessional member who works, owns property or owns a business within the City.
D. Administrative Design Review Staff Procedures Established. To implement this purpose,
certain procedures shall be adopted for the administrative evaluation of a proposal without
public notice or comment, unless a deviation from the underlying zoning is requested. After a
proposal has been evaluated by the ADR staff, they shall issue a written decision that shall
include findings and may include a notice of required corrections. The ADR staff may call a
conference with the applicant to determine design alternatives, or the applicant may call a
conference with the ADR staff for the same purpose. Any such conference shall be conducted
prior to the issuance of a building permit for the proposal.
1. ADR staff shall consist of two Planning Department staff members. One member shall
be degreed or otherwise licensed or certified by his/her respective professional
authorities in an environmental design discipline such as architecture, landscape
architecture or urban design. The second member shall be the Planning Director or
his/her designee who may or may not be degreed in architecture. In the event that
necessary ADR staff is not available, the DRB may act to provide design review services.
E. Waiver of Design Review. In the event that neither the DRB nor the ADR staff as established
in this chapter are able to complete a quorum or have the necessary personnel to conduct the
reviews otherwise required by this title, the requirement for review by DRB or ADR is waived.
Nothing in this section shall constitute a waiver of the required review criteria established in
Chapters 18.28, 18.30, 18.36, and 18.56, BMC.
F. Wetlands Review Board Procedures Established. The WRB will be convened as necessary to
review proposals that involve regulated activities and may impact regulated wetlands based on
the provisions contained in Chapter 18.56, BMC. To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to
be attended by members of the WRB. Written meeting reviews setting forth decisions and
findings shall be made. These records shall be preserved as part of the official proceedings for
each development proposal. Lastly, the WRB shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the wetland review process.
1. The WRB shall consist of six members. An appointment to a term of service on the
WRB is for two years. Members shall be degreed in their respective disciplines and/or
otherwise licensed or certified by their respective professional authorities. Members shall
have experience in at least one of the following wetland and/or stream specializations:
ecology, soils, botany, and/or hydrology. consist of at least one biologist, one soil
scientist, one plant scientist, and one hydrologist.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint a member who practices professionally, owns property or
owns a business within the City.
G. Board of Adjustment Procedures Established. The BOA will be convened as necessary to
review applications for variances or deviations or applications involving variances or deviations.
The BOA will also review applications for conditional use permits. To implement this purpose,
certain procedures shall be adopted which may include, without limitation, a regularly scheduled
weekly or biweekly meeting attended by members of the BOA. A record of the reviews and
481
Ordinance #1761. page 62-5
decisions shall be made. These records shall be preserved as part of the official proceedings for
each development proposal. Lastly, the BOA shall generally follow “Robert’s Rules of Order”
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the review process.
1. The BOA shall consist of 7 members. The term of appointment is for 3 years, with
staggered terms. Members shall be appointed by the City Commission. A member may be
removed per Section 76-2-322, MCA. The concurring vote of four members of the board is
required to take official action.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. However, where a qualified resident is not available to serve, the City
Commission may appoint up to one non-resident member who practices professionally,
owns property or owns a business within the City.
a. Preference should be given to applicants who have prior experience with local
government, who will uphold the intent and purpose of the City’s land use
regulations, and who will honor the purpose of a Board of Adjustment.
18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING
A. Informal Advice and Direction. A person or organization considering any construction, building
or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR
or WRB for informal advice and direction. Such discussion shall be treated as advisory by both
parties and shall record only the fact that contact had been made. An informal review by the
DRC and/or DRB may be requested by submitting a completed application form provided by
the Planning Director along with any schematic development plans or written narrative at least
one week prior to the next regularly DRC and/or DRB meeting. An informal review by the
WRB may be requested by submitting a completed application form provided by the Planning
Director along with a wetland delineation for the regulated wetland, development plans or
written narrative describing the proposed regulated activity and a WRB meeting will be
convened within two weeks of application submittal. The initial informal review by an applicant
or owner for a specific parcel shall be conducted without a fee. A fee, set in accordance with the
fee resolution adopted by the City Commission, shall be charged for a second or subsequent
informal review requested by the same applicant and/or owner for the same real property as a
prior informal review. No application is required for informal review or advice by the ADR staff.
B. Formal Application. An application for DRC, DRB, ADR and/or WRB consideration of a
development proposal must be submitted utilizing a form available from the Planning Director.
Material to be submitted with the application shall include the elements set forth within the
requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional
use permit, certificate of appropriateness, planned unit development, divisions of land, etc. as
outlined in this title. It is recommended that the applicant discuss the application informally with
the DRC, DRB, ADR or WRB prior to formal submission to help expedite the process.
Depending upon the size of the proposed project, its location and type, the applicant may be
directed to one or more agencies of the City for processing.
C. Public Notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that
requires such notice shall be provided in accordance with Chapter 18.76, BMC.
D. DRC, DRB, ADR or WRB Action. By no later than 30 working days from the date of the first
regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which
the applicants’ proposal was initially reviewed, the DRC, DRB or WRB shall take action to
482
Ordinance #1761. page 62-6
recommend approval, approval with conditions, table pending submission of revised or
additional materials or recommend denial of the applicant’s proposal, unless the applicant grants
a written extension to the review period. For proposals subject to ADR review, the ADR staff
shall recommend approval, approval with conditions, delay pending submission of revised or
additional materials or denial of the applicant’s proposal.
E. BOA Action. After the applicants’ proposal is found sufficient for review, the schedule for BOA
action to approve, approve with conditions, table pending submission of revised or additional
materials, or deny the applicant’s proposal shall be established.
483
Ordinance #1761. page 64-1
CHAPTER 18.64
ADMINISTRATION, FEES AND PENALTIES
18.64.010 REVIEW AUTHORITY
A. The City Commission has the right to review and require revisions to all development proposals
subject to this title, and delegates that authority in certain circumstances as set forth below to the
Planning Director and Board of Adjustment, reserving to itself the right to hear appeals from
decisions of the Planning Director and informational hearings required by Section 76-2-402,
MCA and Board of Adjustment. 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 Bozeman; to protect the right of use of property; advance the purposes
and standards of this title and the adopted growth policy; and to ensure that the applicable
regulations of the City are upheld.
B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB as may
be applicable approve, approve with conditions or deny all applications subject to this title,
except master site plans, conditional use permits, planned unit developments and subdivisions,
or any application involving deviations or variances. Decisions of the Planning Director are
subject to the appeal provisions of Chapter 18.66, BMC,
1. 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 normally subject to the approval of the Planning Director. The vote shall
occur prior to the action of the Planning Director.
C. The Board of Adjustment shall, upon recommendation from the DRC, DRB, ADR or WRB as
may be applicable approve, approve with conditions or deny applications for all variances and
deviations, site/sketch plans with variances or deviations, or conditional use permits subject to
this title, except planned unit developments and subdivisions. Decisions of the BOA are subject
to the appeal provisions of Chapter 18.66, BMC,
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 shall occur prior
to the action of the Board of Adjustment.
D. As detailed in Chapter 18.62, BMC, the City Commission authorizes the Development Review
Committee, Design Review Board, administrative design review staff, and/or Wetlands Review
Board, and other advisory bodies as applicable, to review and to make recommendations to the
Planning Director, BOA, or City Commission regarding development proposals.
E.. 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 title are minimum requirements and the public health, safety, and general
welfare may be best served by exceeding those minimums, the City Commission or Planning
Director may require as a condition of approval, additional landscaping, screening, timing
requirements, setbacks or other mitigation exceeding the minimums of this title.
484
Ordinance #1761. page 64-2
18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR
AUTHORITY
A. The Planning Director, or his/her designated representative, shall administer and enforce this
title. He/she may be provided with the assistance of such other persons as the Planning Director
may supervise and those assistants shall have essentially the same responsibilities as directed by
the Planning Director.
B. The Planning Director may in the administration of this title consult with other persons having
expertise in relevant subject areas as in his/her opinion is necessary for the review of the
proposed development or administration of the title.
C. If the Planning Director shall find that any of the provisions of this title are being violated,
he/she shall notify in writing the person responsible for such violations, indicating the nature of
the violation and ordering the action necessary to correct it. He/she shall order discontinuance
of illegal use of land, illegal additions, alterations or structural changes; discontinuance of any
illegal work being done; or shall take any other action authorized by this title to ensure
compliance with or prevent violation of its provisions.
18.64.030 ENFORCEMENT - PLANNING DIRECTOR
This title shall be enforced by the Planning Director and his/her authorized representatives. No
development approval, subdivision approval, building permit or business or occupational use license
shall be issued, except in compliance with the provisions of this title.
18.64.040 STOP-WORK ORDER - PLANNING DIRECTOR, BUILDING OFFICIAL, CITY
ENGINEER AUTHORITY
Whenever any subdivision, development or building work is being done contrary to the provisions of
this title, the Planning Director shall 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 shall forthwith stop such work
until authorized by the Planning 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 title.
18.64.050 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 shall constitute a grant of permission to enter the subject property. The grant of
permission shall continue until all final actions required by the approval process have been completed.
18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS
A. The City shall review each submitted application for completeness and sufficiency as
described in §§ 18.06.040 and 18.34.070, BMC.
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 thirty 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 planning department.
485
Ordinance #1761. page 64-3
2. The Planning Department shall investigate the claim, the accompanying information and
proof, and make a report to the final approval authority (City Commission or the
Planning Director) within thirty working days after receipt of the information. If the
final approval authority is the City Commission, the Commission shall consider the
information and proof, and shall make a determination regarding the claim at a regular
meeting. Notice of the meeting or presentation of the report shall be given to the
claimant and the applicant.
18.64.070 COORDINATED REVIEWS
When a proposed subdivision, development or use is also proposed to be annexed to the City of
Bozeman, the City shall coordinate the development review and annexation procedures to minimize
duplication of hearings, reports, and other requirements whenever possible. The City Commission shall
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.
18.64.080 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 sufficient according to §18.06.040, BMC, or for an extension under
Chapter 18.06, BMC is submitted to the City of Bozeman.
B. Non-subdivision. Review of nonsubdivision applications shall be under such regulations as are
in effect at the time an application for approval of a preliminary site plan is deemed complete
according to § 18.34.070, BMC; except that an interim zoning ordinance adopted according to §
76-3-306, MCA shall apply to a nonsubdivision application without limitation to the date of
completeness 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 non-subdivision application shall be reviewed
under the ordinances in effect on the date of the final action on the application.
18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL - PLAN APPLICATION
CHECKING - NOTICE OF NONCOMPLIANCE
A. It is the intent of this title that the Planning Director and Building Official, or their designees,
shall check all development plans and applications for permits for compliance with this title both
before and during construction.
B. If, during this procedure, the Planning Director and/or the Building Official deems that the
proposed plan or construction does not comply with this title, he shall inform the applicant of
the infraction and shall stop all construction on the project until such time as the applicant,
builder or principal revises his plan to conform to this title and/or fulfills the requirements of
any mandated review procedure(s) as set forth in this title.
18.64.100 BUILDING PERMIT REQUIREMENTS
No building or other structure shall be erected, moved, added to or structurally altered and no land use
shall be changed without valid permits as prescribed in this chapter.
A. Only minor site surface preparation and normal maintenance shall be allowed prior to
conditional approval by the appropriate review authority and the issuance of a building permit,
providing that such activity does not include excavation for foundations or the removal of
mature, healthy vegetation. Minor site surface preparation means disturbing less than one-half
acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one
foot whichever is less. Any excavation and site disturbance must be in conformance with an
486
Ordinance #1761. page 64-4
approved storm water control plan. Upon conditional approval by the appropriate review
authority, excavation for foundations and the preparation of forms may occur. However, no
concrete shall be poured and no further construction shall 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.
1. EXCEPTION: When construction and funding of public streets are occurring under
the provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance
of building permits may be allowed prior to completion of infrastructure improvements,
pursuant to the provisions established in Chapter 18.74, BMC.
B. Building Permit. Within the limits of the City, building permits shall be obtained by following
the latest version of the International Building Code (International Code Council, 5360 South
Workman Mill Road, Whittier, California) adopted by the City.
C. The building permit shall be obtained by application to the Building Official. Applications shall
be accompanied by plans in duplicate, drawn to scale showing the actual dimensions and shape
of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the
lot(s) of buildings already existing, if any; the location and dimensions of the proposed buildings
or alternatives; and two copies of the approved site plan or sketch plan as approved under
Chapters 18.34, 18.36, etc. of this title.
D. One copy of the plans shall be returned to the applicant after the Building Official and Planning
Director have marked each copy either as approved or disapproved and attested to same by their
signatures. The second copy similarly marked shall be retained by the Building Department.
E. Approval of any plan that has been granted based upon false information provided by the
applicant shall be deemed void without requirement for further action by the City.
F Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit
or planned unit development (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 of one additional year from the Planning Director. In such
instances, the Planning Director shall determine that the terms and circumstances have not
significantly changed since the initial approval.
18.64.110 PERMIT ISSUANCE - CONFORMITY WITH REGULATIONS REQUIRED
No permit or license of any type shall be issued unless in conformance with the regulations contained
within this title. Permits issued on the basis of plans and applications approved by the Building Official
and Planning 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 shall be deemed a violation of this title, punishable as
provided in this chapter.
18.64.120 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 title shall be 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 shall be
unlawful.
487
Ordinance #1761. page 64-5
18.64.130 EXPIRATION OF PERMITS
Every permit issued by the Building Official under the provisions of this title shall expire by limitation
and become null and void if the building or work authorized by such permit has not commenced within
180 calendar days from the date of such permits, or if the building or work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a period of 120 calendar days.
Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee
therefore shall be one-half the amount required for a new permit for such work, provided no changes
have been made or will be made in the original plans and specifications for the work, and provided
further that such suspension or abandonment has not exceeded one year.
18.64.140 FEE SCHEDULE
A. The City Commission shall establish a schedule of fees, charges and expenses and a collection
procedure for reviews, permits, appeals and other matters pertaining to this title. The schedule
of fees for the procedures listed below shall be set from time to time by the City Commission by
resolution. The fees shall be available in the office of the Planning Director and may be altered
or amended only by the City Commission.
B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned
unit development, deviation or variance shall be issued unless or until such costs, charges, fees
or expenses have been paid in full, nor shall any action be taken on proceedings before the
administrative design review staff, Development Review Committee, the Design Review Board,
the Zoning Commission, the Planning Board or the City Commission until fees have been paid
in full.
18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS - FILING AND RECORDING
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written
complaint. Such complaint, stating fully the causes and basis thereof shall be filed with the Planning
Director. He shall record properly such complaint and immediately investigate and take action thereon
as provided by this title.
18.64.160 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL
REMEDIES
A. Violation of the provisions of this title or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with the grant of
variances or conditional uses or any of the required conditions imposed by the Planning
Director and/or City Commission shall constitute a misdemeanor. Any person who violates this
title or fails to comply with any of its requirements shall upon conviction thereof be fined or
imprisoned or both, as set forth in state law regarding subdivision and zoning, and in addition
shall pay all costs and expenses involved in the case except as stated in subsection D of this
section.
1. Each day such violation continues shall be considered 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 Montanan Subdivision and
Platting Act shall be deemed a separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions of
§46-6-310, MCA to any violator of this title.
488
Ordinance #1761. page 64-6
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 shall commence 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 Planning Director may seek approval for filing at the Gallatin
County Clerk and Recorder’s Office a Notice of Violation or Noncompliance. Such notice shall
serve to advise potential purchasers of existing violations of this title or of on-going
enforcement actions regarding a property. Such notice shall clearly state that the parcel or
development on the parcel is in violation of this title and that correction of the violation must be
made prior to the City approving additional development or redevelopment of the site. The
notice shall also describe the nature of the violation and applicable citations to the relevant
sections of this title.
1. When such a notice is to be filed the enforcement officer shall either:
a. Through the office of the City Attorney bring an action for civil and/or
injunctive relief that requests a court order to record a Notice of Violation or
Noncompliance; or
b. Schedule a public hearing meeting to be held before the City Commission with
the intention of receiving an order from the City Commission confirming the
validity of the violation and the need for correction, and authorizing the
recording of the Notice of Violation or Noncompliance. Notice of such a
hearing shall be provided as required by Chapter 18.76, BMC.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance
was filed, the City shall record a release of noncompliance indicating that the prior
violation has been corrected. The property owner is responsible for notifying the
Planning Department in writing of the correction of the violation or noncompliance.
Upon receipt of such notification by the property owner, the enforcement officer shall
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 title.
G. Nothing herein contained shall prevent the City from taking such other lawful action as is nec-
essary to prevent or remedy any violation.
H. Violation of this Title is a municipal infraction and may be punishable by a civil penalty as
provided in Section 1.24.040 BMC, in addition to other remedies of Section 18.64.160 except
that the Court shall impose the following minimum civil penalties.
1. Each day such violation continues shall be considered a separate offense and punishable
as such. The minimum civil penalty for violation of this title by the same person for the
same violation within a 12 month period shall be:
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.
489
Ordinance # 1761. page 72-1
CHAPTER 18.72
SUPPLEMENTARY DOCUMENTS
18.72.010 GENERAL
When required, the supplementary documents described in this chapter shall 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 shall be used.
18.72.020 PROPERTY OWNERS ASSOCIATION
A. General. If common property is to be deeded to the property owners association or similar
organization, of if the property owners association will be responsible for the maintenance of the
development’s streets, centers, landscaping in street boulevards, parkland or pathways, property
owners association bylaws or the declaration of covenants, conditions and restrictions shall be
prepared and recorded with the final plat.
B. Bylaws or Covenants, Conditions and Restrictions Contents. The property owners association
bylaws or declaration of covenants, conditions and restrictions shall contain the following
information:
1. Membership. Automatic and mandatory membership for each property or unit buyer
and any subsequent buyer.
2. Common Land/Facilities. The legal description of the common land and a description
of common facilities.
3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and
payment of assessments, including the City of Bozeman.
4. Perpetual Reservation. Perpetual reservation and limited use of common property.
5. Right to Use. The right of each property or unit owner to use and enjoyment of any
common property or facility.
6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and
the maintenance of any common property or facilities to be placed in the association.
7. Assessments. A mechanism to assess the common expenses for the land or facilities
including upkeep and maintenance expenses, real estate taxes and insurance premiums.
Assessments shall require each property or unit owner to 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. Safeguards against unreasonably high charges
and provision to adjust assessments may be provided.
8. A mechanism for resolving disputes among the owners or association members.
9. The conditions and timing of the transfer of ownership and control of land facilities to
the association.
10. Any other matter the developer or the City of Bozeman deems appropriate.
11. In the event it becomes necessary for a property owners association to retain an attorney
to enforce any of the association bylaws or covenants, conditions and restrictions, then
the prevailing party shall be entitled to reasonable attorney’s fees and costs.
C. 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 §18.72.030 and Chapter 18.74, BMC. The City’s
representative, contractors and engineers shall have the right to enter upon the property and
490
Ordinance # 1761. page 72-2
perform such work, and the property owners association shall permit and secure any additional
permission required to enable them to do so. The City shall bill the property owners association
for any costs associated with the installation or maintenance of improvements.
18.72.030 COVENANTS
The City of Bozeman may require covenants to be recorded with the final plat when it is determined
they are necessary for the protection of the public health, safety and general welfare. All covenants shall
be considered to run with the land. If the covenants are not marked or noted on the final subdivision
plat, they shall be contained in a separate instrument which shall be recorded with the final plat. The
covenants may be required to include, but are not limited to, the following provisions:
A. That all county declared noxious weeds will be controlled.
B. 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.
C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance
with state law.
D. The property owners association shall be responsible for the maintenance of subdivision streets,
common open space, centers, pathways, landscaping in street boulevards and/or parks.
E. That any covenant which is required as a condition of the preliminary plat approval and required
by the City Commission 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
Commission.
F. The condition and timing of the transfer of the property owners association from developer to
the subsequent purchasers.
G. Common Area and Facility Maintenance Plan. The developer shall submit a legal instrument
setting forth a plan providing for the permanent care and maintenance of common areas and
facilities. These common areas and facilities shall include but are not limited to commonly
owned open spaces, recreational areas, facilities, private streets and parking lots. These common
areas and facilities shall also include but are not limited to public parks, squares, open space,
recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the City
for maintenance. The same shall be submitted to the City Attorney and shall not be accepted by
the City until approved as to legal form and effect. If the common areas are deeded to a
property owners association, the applicant shall record the proposed documents governing the
association at the time of final plat filing. Such documents shall meet the following requirements:
1. The property owners association must be established before any residences or other
properties are sold;
2. Membership in the association must be mandatory for each property owner with a
specified method of assigning voting rights;
3. Open space restrictions must be permanent and not for a period of years;
4. The property owners association must be made responsible for liability insurance, taxes,
and maintenance of common facilities;
5. The association must have the power to levy assessments which can become a lien on
individual premises for the purpose of paying the cost of operating and maintaining
common facilities; and
491
Ordinance # 1761. page 72-3
6. The governing board of any such association shall consist of at least five members who
shall be owners of property in the development.
H. Common Area and Facility Maintenance Guarantee. In the event the organization or any
successor organization established to own and maintain common areas and facilities, shall at any
time fail to maintain the common areas or facilities in reasonable order and condition in
accordance with the approved plan, the City Commission may cause written notice to be served
upon such organization or upon the owners of property in the development. The written notice
shall set forth the manner in which the common areas or facilities have failed to be maintained
in reasonable condition. In addition, the notice shall include the demand that the deficiencies
noted be cured within thirty days thereafter and shall state the date and place of a hearing public
meeting to be held within fourteen days of the notice. At the time of hearingpublic 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 shall 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 shall, upon its own initiative or upon written request of the organization
theretofore responsible for maintenance, call a public hearing meeting and give notice of such
hearing meeting to the organization responsible for maintenance or the property owners of the
development. At the hearing, 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 shall cease such maintenance at the time established by the
City Commission. Otherwise the City shall continue maintenance for the next succeeding year
subject to a similar hearing meeting and determination at the end of each year thereafter.
1. The cost of maintenance by the City shall be a lien against the common facilities of the
development and the private properties within the development. The City Commission
shall 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 shall 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.
2. Should the property owners association request that the City assume permanent
responsibility for maintenance of facilities, all facilities shall 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 shall 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.
3. These common areas and facilities shall include but are not limited to commonly owned
open spaces, recreational areas, facilities, private streets and parking lots. These common
areas and facilities shall also include but are not limited to public parks, squares, open
space, recreation areas, trails, as well as any public streets, avenues and alleys not
accepted by the City for maintenance.
4. The City shall assume permanent responsibility for maintenance of public areas and
facilities when a dedicated funding mechanism is adopted.
492
Ordinance # 1761. page 72-4
I. Guarantee for Open Space Preservation. Open space shown on the approved final plan or plat
shall not be used for the construction of any structures not shown on the final plan.
J. Covenants may not contain provisions which inhibit compliance with the requirements of
Chapter 17.02, BMC for those developments subject to Chapter 17.02, BMC. Some examples
are: privately required minimum home or lot sizes which can not be met.
493
Ordinance # 1761. page 74-1
CHAPTER 18.74
IMPROVEMENTS AND GUARANTEES
18.74.010 PURPOSE AND APPLICABILITY
A. This chapter is to provide 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 title it is also necessary to provide means by
which their installation can be assured. Such improvements may include, but are not limited to,
design elements such as landscaping, parking facilities, storm drainage facilities, architectural
features, pedestrian walkways and public utilities. Furthermore, in some situations it is in the best
interest of the person conducting development to be able to guarantee 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 chapter therefore
has the following purposes:
1. Ensure completion of required improvements or compliance with other requirements of
development to an acceptable standard;
2. Provide buyer/lessee protection while allowing a person undertaking development to
proceed with sales/leases before the project is totally complete, especially multi-phased
projects;
3. Ensure adequate warranty or maintenance, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of
approval or development requirements; and
5. Accomplish the above listed purposes through mechanisms that reduce the need to rely
on costly litigation to accomplish those purposes.
B. This chapter applies to all subdivisions and site developments as described below.
1. Subdivisions shall install or provide security for installation of improvements prior to
final platting as set forth in detail in this chapter.
2. Site developments including, site plans, conditional use permits, planned unit
developments, reuses and certificates of appropriateness, shall install improvements or
provide security for installation prior to occupancy or commencement of use.
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, certain needed improvements may not be allowed to be financially
guaranteed.
18.74.020 STANDARDS FOR IMPROVEMENTS
A. General. It shall be the responsibility of the developer to comply with the following procedures
and standards for the installation of development improvements.
1. Construction Routes. For all developments, excluding sketch and reuse/further
development, a construction route map shall be provided showing how materials and
heavy equipment will travel to and from the site. The route shall 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.
494
Ordinance # 1761. page 74-2
2. Protection of Existing Improvements. The developer, his contractors and suppliers shall
be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful by the operation of the developer, his 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, sewer and drainage systems. The City Engineer may
instruct the developer as to the streets or roads to be used for access by construction
equipment, and the developer shall be responsible for enforcement of this instruction
upon his contractors and their suppliers. The City of Bozeman may require the
developer to post a surety 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 of Bozeman, shall be prepared by a registered
engineer and/or a registered land surveyor, licensed in the State of Montana, as their
respective licensing laws allow. The plans and specifications shall be prepared in
compliance with the City of Bozeman’s 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 shall 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 shall furnish the plans, specifications and typical sections for
approval by the City Engineer. It shall be understood that the work to be done
will not necessarily be limited to occurring within the right-of-way boundaries.
b. The City Engineer shall have authority to make or cause to be made any
reasonable changes, alterations, amendments and additions to the standard
specifications for infrastructure improvements.
3. Control of Work. During the course of construction, and at the completion of each
phase of the project, the developer’s registered civil engineer shall submit a statement
that the improvements have been inspected and found to have been constructed in
accordance with the approved plans and specifications. Prior to making any changes, the
developer’s engineer shall notify and receive written approval or disapproval from the
City Engineer for any changes in approved plans and specifications.
4. Improvement Procedure.
a. Approval of the improvement plans and specifications shall be completed before
installation of improvements or the entering into of an agreement where surety is
to be provided for the completion of the improvements.
b. The procedure for submittal, review and approval of improvement plans and
specifications is contained in the City of Bozeman’s Design Standards and
Specifications Policy, and shall be followed by the developer and/or his
contractors.
c. After the preliminary plat has received approval or conditional approval, and
before the final plat is submitted, the developer shall either install the required
improvements or enter into an agreement with the City of Bozeman financially
guaranteeing the installation and performance of the improvements.
d. After the final site plan is approved, subject to §18.74.030.C, BMC, and prior to
occupancy of any buildings, the developer shall either install the required
495
Ordinance # 1761. page 74-3
improvements or enter into an agreement with the City of Bozeman financially
guaranteeing the installation and performance of the improvements.
5. Sanitary Facilities. Water supply, sewage disposal and solid waste disposal systems shall
meet the minimum standards of the City of Bozeman and the Montana Department of
Environmental Quality as required by §76-4-101 through §76-4-135, MCA, and
regulations adopted pursuant thereto, and are subject to the approval of the City of
Bozeman.
C. Private Improvements. Improvements shall be constructed as shown on the approved final site
plan, final plat, or plans and specifications, as may be applicable. The developer is responsible
for coordinating installation with all necessary parties and to restore to its original condition any
public improvements or any private improvements or property damaged during installation of
private improvements.
18.74.030 COMPLETION OF IMPROVEMENTS
A. General. The applicant shall 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 shall provide certification by
the architect, landscape architect, engineer or other applicable professional that all
improvements, including but not limited to, landscaping, ADA accessibility
requirements, private infrastructure, or 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 and public streets, shall be installed in
accordance with the approved plans and specifications by the developer, and certified by
a registered professional civil engineer, licensed in the state of Montana, and 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 may be appropriate. As-built drawings
complying with the City of Bozeman’s Design Standards and Specifications Policy,
including timing for submittal of materials, shall be provided.
a. Public street means a public right-of-way or easement developed to adopted City
standards including, but not limited to, the following improvements: curbs,
gutters, storm drainage, sidewalks, paving, traffic control signage or equipment,
and lighting.
2. Private Improvements and Other Required Improvements. Improvements, such as but
not limited to, landscaping, paving or irrigation shall be installed in accordance with the
approved preliminary plat or final site plan by the developer and inspected and found to
comply with the City standards or requirements prior to the approval of the final plat,
issuance of a certificate of occupancy for the building(s) or site, or other identified
benchmark as may be appropriate. All improvements required as part of a subdivision
must be installed and accepted, or financially secured in accordance with an
improvements agreement, prior to final plat approval.
3. Improvements Agreement Required. All improvements necessary or required to meet
the standards of this title or conditions of approval shall be the subject of an
improvements agreement and be guaranteed for final plat approval, occupancy of
buildings or other utilization of an approved development is allowed before the
improvements are completed and inspected by the City.
496
Ordinance # 1761. page 74-4
a. 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 onsite
development.
B. Completion Time for Subdivisions.
1. All subdivision improvements, including parks, shall be constructed and completed as
approved by the City.
a. All improvements shall be installed prior to the issuance of a building permit for
any lot within a subdivision unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit
Development (PUD), when concurrent construction is an identified purpose of
the initial project review, and pursuant to the criteria established in §18.74.030.D,
BMC.
b. The subdivider shall meet one of the following requirements for completion of
street improvements. The option SHALL be specified in the preliminary plat
submittal. Should the applicant not identify which option is desired option (1)
shall be required. Altering the choice of option after approval of the
development shall constitute a material modification to the project and require
rereview of the project for modification to the approval subject to the provisions
of §18.02.070, BMC.
(1) The subdivision streets improvements shall be installed prior to final plat
approval. This requirement may be modified by the City Engineer for
streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is
provided. However, under no circumstances shall the required gravel
courses, curbs or gutters be waived. This requirement shall generally not
be modified for nonresidential developments; or
(2) The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paving, curb, gutter, storm drainage, street lighting
or other street infrastructure improvements not yet completed. The
improvements agreement shall be financially guaranteed, as explained in
this chapter. However, at a minimum, the plans and specifications for the
street improvements must be approved by the City Engineer prior to
final plat approval. Building permits will not be issued until the street
improvements are completed and accepted by the City of Bozeman
unless otherwise provided for in development proposals occurring under
the provisions of Chapter 18.36, BMC, Planned Unit Development
(PUD), and pursuant to the criteria established in §18.74.030.D, BMC; or
(3) The subdivider may request that street improvements be guaranteed by
the creation of a special improvements district (SID). If a SID is formed
for the improvements, the SID bonds must be sold before the final plat
can be filed. SIDs shall not be permitted for the installation of
subdivision water and sewer improvements. Building permits will not be
issued until the street improvements are completed and accepted by the
City of Bozeman unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC,
Planned Unit Development (PUD), and pursuant to the criteria
established in §18.74.030.D, BMC.
497
Ordinance # 1761. page 74-5
2. Sidewalks. City standard sidewalks (including a concrete sidewalk section through all
private drive approaches) shall be constructed on all public and private street frontages
prior to occupancy of any structure on individual lots. Should a subdivider choose not to
install all sidewalks prior to final plat, an improvements agreement shall be entered into
with the City of Bozeman guaranteeing the completion of all sidewalks within the
subdivision within a three-year period. The developer shall supply the City of Bozeman
with an acceptable method of security equal to 150 percent of these remaining sidewalk
improvements.
a. The subdivider shall install sidewalks adjacent to public lands, including but not
limited to, parks, open space, and the intersection of alleys and streets or street
easements. Sidewalks in these areas shall be installed prior to final plat approval,
or shall be subject to an approved improvements agreement and financially
guaranteed.
b. Upon the third anniversary of the plat recordation of any phase of the
subdivision, any lot owner who has not constructed said sidewalk shall, without
further notice, construct within 30 days, said sidewalk for their lot(s), regardless
of whether other improvements have been made upon the lot.
3. Subdivision Lighting. Subdivision lighting, as required in §18.42.150, BMC shall be
incorporated into all subdivisions. by means of one of the following. The option
SHALL be specified in the preliminary plat submittal. Should the applicant not identify
which option is desired, option b shall be required. Altering the choice of option after
approval of the development shall constitute a material modification to the project and
require rereview of the project for modification to the approval subject to the provisions
of §18.02.070, BMC.
a. The subdivider shall install street and pathway lighting throughout the subdivision in
compliance with this section.
OR
b. The subdivider shall participate in a street improvement lighting district (SILD)
for the provision of street and pathway lighting.
Prior to final plat approval, subdivision lighting shall be installed, or financially
guaranteed, or a SILD shall be created and the bonds sold. If the subdivision lighting is
financially guaranteed, they shall be considered as part of the required street
improvements and building permits shall not be issued until the improvements are
installed, unless otherwise provided for in development proposals occurring under the
provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), and pursuant to
the criteria established in §18.74.030.D, BMC.
C. Completion Time for Site Development. Whenever any building lots and/or building sites are
created inside the City limits, and prior to the issuance of any building permits on such lots or
sites, municipal water distribution systems, and municipal sanitary sewer collection systems, and
streets shall 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. Subject to the
provisions of subsection 1 below, these improvements shall be designed, constructed and
installed according to the standards and criteria as adopted by the City and approved by both the
City Engineer and Water and Sewer Superintendent prior to the issuance of any building
permits.
498
Ordinance # 1761. page 74-6
1. Provision of municipal central water distribution, municipal sanitary sewer collection
systems, and streets means that the criteria in either subsection a or subsections b and c
are met:
a. Water, sewer 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 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 of Bozeman standards; are physically adjacent to
the site proposed for construction; are installed and accepted by the City; and are
adequate in capacity to provide necessary service to the proposed development;
and comply with the requirements of this subsection and subsection c below:
c. Water mains, sewer mains and streets shall meet the following requirements.
(1) Any required onsite extensions of water mains, sewer mains or streets to
be dedicated to the public shall be located entirely within publicly held
easements or rights-of-way; shall 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
shall 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 shall determine when the standards of this subsection 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 building construction may only occur
under the provisions of subsection (3) below. Based on evaluation by the
Fire Department, simultaneous construction of infrastructure to be
dedicated to the public and private 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) No occupancy, either temporary or final, may be issued until all onsite
and offsite water, sewer and street or drive improvements are installed
and accepted or approved as applicable by the City.
D. Exception. When municipal water distribution and municipal sanitary sewer collection systems
and City streets are being provided to serve a development proposal occurring under the
provisions of Chapter 18.36, BMC, Planned Unit Development (PUD), 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 subject property shall be developed under the provisions of Chapter 18.36, BMC;
2. The subdivider or other developer must enter into an improvements agreement to assure
the installation of required infrastructure and other applicable improvements, to be
499
Ordinance # 1761. page 74-7
secured by a financial guarantee in an amount to be determined by the city, with said
guarantee to be in the name of the City;
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;
4. Building permits may be issued incrementally, dependent upon the status of installation
of the infrastructure improvements. All building construction within the PUD shall
cease until required phases of infrastructure improvements as described in the PUD have
been completed, and inspected and accepted by the City;
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall
name the City as an additional insured and such issuance shall not be cancelled without
at least forty-five days prior notice to the City. The subdivider shall furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof;
6. The subdivider recognizes, acknowledges and assumes the increased risk of loss because
certain public services do not exist at the site;
7. The subdivider shall enter into an agreement with the City which provides for
predetermined infrastructure funding options;
8. No occupancy of any structures or commencement of any use constructed or proposed
within the boundaries of the PUD will be allowed until required infrastructure
improvements have been completed, and inspected and accepted by the City, and a
certificate of occupancy has been issued;
a. No occupancy of structures or commencement of any use shall occur when such
action would constitute a safety hazard in the opinion of the City;
9. The subdivider shall enter into an agreement with the City to address the provision of
any services on an interim basis during construction, if deemed appropriate;
10. The subdivider shall 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;
11. The subdivider shall 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; and
12. The development shall be under the control of a single developer and all work shall be
under the supervision of a single general contractor. The developer and general
contractor shall agree that there shall be no third-party builders until required
infrastructure improvements have been completed, and inspected and accepted by the
City.
13. Subsequent to preliminary plat approval, a Concurrent Construction Plan, addressing all
requirements of this section, shall be submitted for review and approval of the Planning
Director with a recommendation from the Development Review Committee.
E. Notwithstanding the provisions of Section D above, the City may limit the scope, type and
number of projects eligible for simultaneous construction consideration.
500
Ordinance # 1761. page 74-8
18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS
A. Park, Pathway, and Boulevard Improvements.
1. These required improvements shall be installed, or subject to an approved improvements
agreement and financially guaranteed, 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 guaranteed.
B. Neighborhood Center Improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
neighborhood center improvements shall be installed, or subject to an approved
improvements agreement and financially guaranteed, 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
guaranteed.
18.74.050 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 of
Bozeman, it shall be built to meet or exceed the required standards. Any improvements
made to County roads shall 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, shall meet or exceed standards set by the
Montana Department of Transportation, and must be reviewed and approved by the
County Road Office and the City of Bozeman, and accepted by the County Road Office
into the County’s bridge maintenance system.
2. Acceptance of Water, Sewer, and Storm Drainage Improvements. Before any public
water, sewer or storm drainage improvement, whether new or existing, can be accepted
into the City system by the City of Bozeman, it shall be built to meet or exceed the
required standards. Any improvement, within the City or County, shall meet or exceed
standards set by the City of Bozeman, Montana Department of Environmental Quality
and County Road Office, and must be reviewed and approved by the City of Bozeman
and the County Road Office, as applicable.
3. As-Built Record Drawings. As-built record drawings of all public infrastructure
improvements constructed within the City of Bozeman, drawn to the specifications
required by the Engineering Department, shall be submitted prior to final plat approval,
per §8.94.3003(3.g), ARM, or other relevant final benchmark for site development.
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 DRC and/or ADR or their representative shall conduct an “as-
built” inspection to verify compliance and shall sign off on a certificate of occupancy, final plat
or other conclusionary action if all terms and details of the approval are complied with. Except
as provided for in §18.74.060 of this chapter, no final plat approval or occupancy shall be
permitted, or certificate of occupancy issued, unless the terms and details of an approved plat,
501
Ordinance # 1761. page 74-9
site or sketch plan are met. Prior to grant of occupancy, the developer shall certify the
completion of the improvements as required in §18.74.030.A, BMC.
18.74.060 IMPROVEMENTS AGREEMENTS
A. Required When.
1. When occupancy of a development subject to zoning review will commence prior to
completion of all required site improvements, generally excluding sketch plans; or
2. When a subdivision is to be granted final plat approval prior to the completion of all
required improvements, the applicant shall enter into an improvements agreement with
the City.
3. At the discretion of the Planning 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.
B. 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 the payment or guarantee of payment for
costs of the improvements incurred in a prior increment must be satisfied before development
of future increments.
1. If an improvements agreement is filed with the final subdivision plat to secure
infrastructure improvements, a separate document shall be filed 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. This requirement may be modified
by the City Engineer for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided. However,
under no circumstances shall the required gravel courses, curbs or gutters be waived.
This requirement shall generally not be modified for nonresidential developments. 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 unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit
Development (PUD), and pursuant to the criteria established in §18.74.030.D,
BMC.
C. Standards for Improvements Agreements.
1. All Agreements. All improvements agreements shall meet the following standards:
a. The agreement and security shall 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 shall 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 to be secured if the agreement is to be activated;
d. The term for the security referenced in section c above shall be not less than the
length of time of the improvements agreement;
d. The agreement shall provide for the City to claim the guarantee by certifying that
the developer is in default of the performance to be secured;
502
Ordinance # 1761. page 74-10
e. Requests for partial release of security shall 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 guarantee. The City may require verification that all liens have been
released and payments made prior to releasing a portion of the security;
f. Shall 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;
g. Shall 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
h. The financial security shall be placed in the keeping of the City Treasurer.
2. Subdivisions. Improvements agreements for subdivisions shall meet the following
standards in addition to those listed in subsection C.1 above:
a. The length of time of the agreement shall not exceed 1 year from the date of
final plat approval. The agreement shall stipulate the time schedule the
subdivider proposes for accomplishing the required improvements;
b. The estimated cost of improvements shall be provided by the subdivider’s
professional engineer. The City Engineer has the discretion to require a second
estimate of the cost of improvements, with the cost of obtaining the second
estimate borne by the subdivider. The agreement shall stipulate which type of
security arrangements will be used;
c. Security for improvements for internal subdivision streets, water, storm drainage
and sewer mains, shall be reduced only upon recommendation of the City
Engineer;
d Security for improvements other than internal subdivision streets, water, storm
drainage and sewer mains, shall be reduced only upon recommendation of the
City Engineer and approval by the City Commission, upon request by the
subdivider;
e. The improvements agreement shall be filed with the final plat; and
f. The security provided shall be a financial security valid for eighteen months.
3. Site Development. Improvements agreements for developments other than subdivisions
shall meet the following standards in addition to those listed in subsection C.1 above:
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 chapter;
b. The length of time of the agreement and method of security shall not be less
than twelve months;
c. All secured improvements must be completed by the developer within nine
months of occupancy or the security shall be forfeited to the City for the
purpose of installing or contracting for the installation of the required
improvements;
503
Ordinance # 1761. page 74-11
d. At the Planning Director’s discretion, a developer may be permitted to extend
the manner of security, in general for a period not to exceed 1 additional year.
Factors such as, but not limited to, progress of installation achieved to date and
phasing of projects may be considered;
e. The DRC and/or ADR shall determine which, if any, of the required
improvements must be installed prior to occupancy, regardless of the use of a
secured improvements agreement. Such determination shall 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
f. 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 temporary certificate of occupancy which allows
occupancy of the facility on a temporary basis for a period not to exceed nine
months. When all required improvements are installed in compliance with all
terms and details of the site or sketch plan approval, the temporary occupancy
permit shall be withdrawn and a permanent certificate of occupancy shall be
issued according to the provisions of this chapter.
D. 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.
E. The Planning Director shall be responsible to sign improvements agreements on behalf of the
City.
F. 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 shall 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 shall
record a notice of completion stating that the work that was the subject of the improvements
agreement is complete.
18.74.070 PAYMENT FOR EXTENSION OF CAPITAL FACILITIES
The City of Bozeman 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. The costs must reasonably reflect the expected impacts directly attributable to the
subdivision. 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.
18.74.080 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
504
Ordinance # 1761. page 74-12
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;
3. Cash escrows held by the City, or held by an approved escrow agent and subject to an
executed escrow agreement; or
4. Performance bonds, in limited circumstances and subject to approval by the City
Attorney.
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 to not receive
approval until prior approved phases have complied with all requirements;
3. Formation of a special improvement or maintenance district. This method shall 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 City enforceable duties to maintain
certain improvements;
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.
18.74.090 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/or private parkland;
2. Boulevard strips in public rights-of-way along external subdivision streets and adjacent
to parks and/or open space;
3. Common open space;
4. Neighborhood centers (except for neighborhood commercial and civic uses and their
grounds); and
5. Pathways.
B. Development. If common areas or facilities will be developed by the subdivider or by a
property owners association, a development plan shall be submitted with the preliminary plat
application for review and approval. The development plan shall 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 would satisfy this requirement.
1. Landscaping. When landscaping will be installed in parkland, boulevard strips or
common open space, the development plan shall be accompanied by a landscaping plan
505
Ordinance # 1761. page 74-13
that was prepared by a qualified landscaping professional. When landscaping in
common areas is installed by the subdivider, the subdivider shall warrant against defects
in these improvements for a period of two years from the date of installation of the
landscaping.
2. Tree Permits. If trees will be planted in dedicated City parkland or boulevard strips, tree
planting permits shall be obtained from the Forestry Department.
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 §18.72.040, BMC shall be
submitted with the preliminary plat application for review and approval. The maintenance plan
shall include a maintenance schedule, and a mechanism to assess and enforce the common
expenses for the common area or facility. The maintenance plan shall be included in the
subdivision covenants. The developer shall provide all necessary maintenance until the
improvements are transferred to the City, a property owners association, or other final
custodian. The provisions of §18.72.040.B, BMC apply to this section.
1. Landscaping Warranty. Any required or proposed landscaping must be maintained in a
healthy, growing condition at all times. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
2. Shade Tree Maintenance. The Forestry Department shall be responsible for the
maintenance of shade trees in all City rights-of-way and on City property, including
parks.
18.74.100 WARRANTY
All publicly dedicated improvements shall be subject to a warranty of duration and scope to meet the
City of Bozeman’s Design Standards and Specifications Manual.
506
Ordinance #1761. page 76-1
CHAPTER 18.76
NOTICING
18.76.010 PURPOSE
It is the intent of this chapter 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.
18.76.020 CONTENTS OF NOTICE
A. The following elements shall be included in notices issued pursuant to this title:
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 name and address of the applicant;
4. The name and address of the owner of record;
5. The number, date, time and place of all relevant scheduled public hearings by the City
Commission, Board of Adjustment, Planning Board or Zoning Commission, meetings of
other review bodies established by this title at which final decisions shall be made, or the
date of any final public comment deadline;
6. A description of how and where additional information regarding the action may be
obtained including the address and phone number of the City; and
7. A brief description of the subject of the notice.
B. The following additional elements shall be included in all notices required for site plans, master
site plans, certificates of appropriateness, conditional use permits, planned unit developments,
deviations, variances and subdivisions:
1. A map of the area in question so as to indicate its general location and proximity to
surrounding properties shall be included in mailed and posted notices; and
2. A reference to the appeals process for this title for notices regarding projects where the
Board of Adjustment or City Commission will not be making the final decision.
C. The following additional elements shall be included in all notices required for text amendments
to this title:
1. A summary explanation of the intent of the change, with reference to the exact text
being available for public review.
D. For site and subdivision developments, Tthe applicant shall provide for the purposes of noticing
a list of names and addresses of property owners within 200 feet of the site, using the most
current known property owners of record as shown in the records of the County Clerk and
Recorder’s Office and stamped, unsealed envelopes (with no return address) addressed with
names of above property owners, and/or labels with the names of the above property owners, as
specified on the appropriate application.
18.76.030 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING
A. The following minimum standards for timing, location of noticing area and type of notice shall
be provided. Noticing provisions are cumulative with the maximum combination of noticing
507
Ordinance #1761. page 76-2
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.
B. If for some reason a required property owner fails to receive mail notification of a scheduled
public hearing, or if one or more of the required posted signs in the area or on the site for which
the public hearing is being held is inadvertently moved through no fault of the City, this in no
way shall invalidate the legal notice requirements of the scheduled public hearing.
C. Notice may also be provided to property owners in any additional area or manner that may be
substantially impacted by the proposed change or use as determined by the Planning Director.
Table 76-1
Application
Minimum
Days12
Maximu
m Days12
Distance
1 Notice Type
Text Amendment 15 45 NA Newspaper once
ZMA2 15 45 200
Newspaper once, post on-
site, mail 1st class
ZMA2- Resulting from ordinance
changes 15 45 None Newspaper once
ZMA2- Annexation w/ initial zoning 15 45 None
Newspaper once, post on-
site, mail 1st class
Variance - floodplain, zoning, and
subdivision 15 45 200
Newspaper once (zoning 2
times), post on-site, mail 1st
class
Public Agency Exemption 15 45 None
Newspaper 2 times, post on-
site
Deviation 15 45 200
Newspaper 2 times, post on-
site, mail 1st class
Appeals3 15 45 2003
Newspaper 2 times, post on-
site, mail 1st class
Sketch Plan/Reuse/Change in
Use/Further Development None None None None
Sketch Plan4 15 45 None Post on-site
Informal/Concept Plan None None None None
Preliminary Site Plan or Master Site Plan 15 45 200 Post on-site, mail 1st class
Preliminary PUD5 15 45 200
Newspaper 2 times, post on-
site, mail 1st class
Preliminary CUP6 15 45 200
Newspaper 2 times, post on-
site, mail 1st class
Floodplain Permit 15 45 200 Newspaper, mail 1st class
COA7 None None None None
Final Site Plan None None None None
Final PUD Plan None None None None
Final CUP plan None None None None
Subdivision Exemption None None None None
1st Minor Subdivision without variance-
Preliminary Plat 15 45 200 Mail 1st class
1st Minor Subdivision with variance/2nd
Minor/Major Subdivision - Preliminary
Plat 15 (Planning Board) 45(Commission) 200
Newspaper8, post on-site,
mail 1st class9, certified mail10
Final Plat None None None None
Notice of Violation11 15 45 None
Post on-site, certified mail to
landowner
1The 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.
2Zone Map Amendment, Chapter 18.70, BMC.
508
Ordinance #1761. page 76-3
3Posting and mailing only applies to appeals taken from actions to approve, approve with conditions or deny a development proposal and not to
appeals of administrative interpretations.
4Sketch plans for adding dwellings in the neighborhood conservation overlay district, demolition of contributing structures in the neighborhood
conservation overlay district, or modification of wetlands.
5Planned Unit Development, Chapter 18.36, BMC.
6Conditional Use Permit, Chapter 18.34, BMC.
7Certificate of Appropriateness, Chapters 18.28 and 18.30, BMC.
8When newspaper notice is required the notice shall be published in a newspaper of general circulation.
9Mail by 1st class to all landowners within 200 feet except those subject to certified mail.
10Certified mail must be sent to recorded purchasers under contract for deed in addition to owners of physically contiguous property and the
subdivider.
11 Notices of Violation subject to §18.64.150.E, BMC.
12 Days prior to the close of the public comment period or public hearing unless otherwise specified in this title.
18.76.040 NOTICE OF CITY APPROVAL WITHIN NEIGHBORHOOD
CONSERVATION AND ENTRYWAY OVERLAY DISTRICTS
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 shall be posted with a notice supplied by the Planning Department. The notice shall 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 shall 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.
509
Ordinance # 1761 page 78-1
CHAPTER 18.78
SUBMITTAL MATERIALS AND REQUIREMENTS
18.78.010 GENERAL
All applications and supplemental material, including all copies of plats and site development plans, shall
be bound and folded into complete 8½- by 11-inch or 8½- by 14-inch sets ready for distribution. All
plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be
folded and included in the bound submittal. A digital (PDF) copy of the entire submittal (applications,
supplemental material, plat and plans) shall be provided as required.
18.78.020 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS
The developer shall provide the Planning 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:
A. Montana Stream Protection Act (SPA 124 Permit). Administered by the Habitat Protection
Bureau, Fisheries Division, Montana Fish, Wildlife and Parks
B. Stormwater Discharge General Permit. Administered by the Water Quality Bureau, Montana
Department of Environmental Quality
C. Montana Natural Streambed and Land Preservation Act (310 Permit). Administered by the
Board of Supervisors, Gallatin Conservation District
D. Montana Floodplain and Floodway Management Act (Floodplain Development Permit).
Administered by the City of Bozeman, Engineering Department
E. Federal Clean Water Act (404 Permit). Administered by the U.S. Army Corps of Engineers and
the U.S. Environmental Protection Agency
F. Federal Rivers and Harbors Act (Section 10 Permit). Administered by the U.S. Army Corps of
Engineers
G. Short-term Water Quality Standard for Turbidity (318 Authorization). Administered by Montana
Department of Environmental Quality
H. Montana Land-Use License or Easement on Navigable Waters. Administered by the Montana
Department of Natural Resources and Conservation
I. Montana Water Use Act (Water Right Permit and Change Authorization). Administered by the
Water Rights Bureau, Montana Department of Natural Resources and Conservation
18.78.030 SUBDIVISION PRE-APPLICATION PLAN
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 shall include:
A. Sketch Map. A sketch map showing:
1. The names of adjoining subdivisions and numbers of adjoining certificates of survey,
along with adjacent lot and tract lines.
2. Location, name, width and owner of existing or proposed streets, roads and easements
within the proposed subdivision; existing streets, roads and easements within adjacent
subdivisions and tracts; and the name of street or road that provides access from the
nearest public street or road to the proposed subdivision.
510
Ordinance # 1761 page 78-2
3. Location of all existing structures, including buildings, railroads, powerlines towers, and
improvements inside and within 100 feet of the proposed subdivision.
4. Zoning classification within the proposed subdivision and adjacent to it. The zoning
proposed for the subdivision, if a change is contemplated.
B. Topographic Features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
1. A current U.S. Geological Survey topographic map at the largest scale available with the
subdivision clearly outlined.
2. Embankments, water courses, 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
§18.78.020, BMC that have been obtained for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
D. Subdivision Layout. The proposed layout of the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary lines, with numbers, dimensions, and areas for
each block, tract and lot.
2. Street location, right-of-way width, and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
5. Sites for commercial centers, churches, schools, industrial areas, condominiums,
manufactured housing community and uses other than single-household residences.
E. Development Plan. An overall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location. A title block indicating the proposed name, quarter-section, section,
township, range, principal meridian and county of subdivision.
G. Notations. Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
H. Variances. A list of variance requests which will be submitted with the application for
preliminary plat application.
I. Waivers. List of waivers requested from the requirements of §18.78.060, BMC shall be
submitted with the preapplication. The DRC shall be responsible for granting waivers, and the
Planning Department staff shall notify the developer in writing of any waivers granted from
§18.78.060, BMC after the preapplication meeting or plan review.
J. Parks and Recreation Facilities. The following information shall be provided for all land
proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire property;
b. The zoning and ownership for adjacent properties;
511
Ordinance # 1761 page 78-3
c. The location of any critical lands (wetlands, riparian areas, streams, etc.);
d. General description of land, including size, terrain, details of location and history,
and proposed activities; and
e. Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
K. Digital (PDF) copy of entire submittal.
L. Affordable Housing. Describe how the subdivision proposes to satisfy the requirements of Title
17 Chapter 2, BMC.
18.78.040 SUBDIVISION PRELIMINARY PLAT
The preliminary plat shall be legibly drawn at a horizontal scale no smaller than 100 feet to the inch, and
may show approximate boundaries, dimensions, distances and areas, unless specifically noted. The plat
shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate information
is required, surveying and engineering data shall be prepared under the supervision of a registered
engineer or registered land surveyor, licensed in the State of Montana, as their respective licensing laws
allow. The plat submittal shall include the following:
A. Pre-application Information. All information required with the pre-application plan, as outlined
in §18.78.030, BMC.
B. 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.
C. 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.
D. Adjoining Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
E. Adjoining Owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
F. Perimeter Survey. An approximate 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 shall be given.
G. Section Corner. The approximate location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary.
H. Phased Improvements. If the improvements required are to be completed in phases after the
final plat is filed, the approximate area of each phase shall be shown on the plat.
I. Contours. Ground contours shall be provided for the tract according to the following
requirements:
Table 78-1
Where the average slope is: Contour intervals shall 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
512
Ordinance # 1761 page 78-4
J. Waivers. List of waivers granted from the requirements of §18.78.070, BMC during the
preapplication process shall be submitted with the preliminary plat application.
K. 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 shall include a
written request from the developer’s professional engineer, licensed in the State of Montana, 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
18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS
The following supplemental information shall be submitted with the preliminary plat.
A. Area Map. A map showing all adjacent sections of land, subdivision, certificates of survey,
streets and roads.
B. Subdivision Map. Map of entire subdivision on an 8½” x 11", 8½” x 14", or 11" x 17" sheet.
C. Variances. A written statement describing any requested subdivision variance(s) and the facts of
hardship upon which the request is based (refer to Chapter 18.66, BMC).
D. Property Owners. A certified list of adjoining property owners, their mailing addresses and
property description, including property owners across public rights-of-way and/or easements.
The names and addresses shall also be provided on self-adhesive mailing labels, one set of labels
for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels
for all other subdivisions.
E. Documents and Certificates. Draft copy of the following documents, and certificates to be
printed on or to accompany the preliminary plat:
1. Covenants, restrictions and articles of incorporation for the property owners association.
2. Encroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or driveways intersect state, county or city highways,
streets or roads.
3. A letter of approval or preliminary approval from the City of Bozeman where a zoning
change is necessary.
4. A draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent.
G. 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
shall be provided.
H. Noxious Weed Management and Revegetation Plan. Noxious weeds shall be controlled in all
developments as directed by the County Weed Control District (district) in accordance with the
Montana County Noxious Weed Control Act (§7-22-21, MCA). The developer shall 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 shall be submitted with
the preliminary plat application. This plan shall ensure the control of noxious weeds upon
513
Ordinance # 1761 page 78-5
preliminary plat approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
I. Sanitation Information. When the subdivision does not qualify for the certification established in
§18.06.050, BMC, the subdivider shall provide the information regarding sanitation set forth in
§76-3-622, MCA.
18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
The following list of preliminary plat application supplements shall also be provided for all subdivisions
unless waived by the Development Review Committee during the pre-application process. The
developer shall include documentation of any waivers granted by the City after the pre-application
meeting or plan review.
Additional relevant and reasonable information may be required to adequately assess whether the
proposed subdivision complies with this title and the Montana Subdivision and Platting Act. The need
for additional information shall be determined during the pre-application process.
A. Surface Water.
1. 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:
a. 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.
b. Artificial water systems such as canals, ditches, ditch/streams, aqueducts,
reservoirs, irrigation or drainage systems.
2. Description. 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.
a. Describe proximity of proposed construction (such as buildings, sewer systems,
streets) to surface waters.
3. 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 Chapter
18.58, BMC, as appropriate.
4. Wetlands. If the subdivision contains wetlands, as defined in Chapter 18.80 of this title,
then a delineation of the wetland(s) shall be shown on the preliminary and final plats.
5. Permits. Include copies of any permits listed in §18.78.020, BMC that have been
obtained for the project.
B. Floodplains. A floodplain analysis report shall be submitted with the preliminary plat in
compliance with Chapter 18.58 of this title.
C. Groundwater.
1. 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 shall
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.
514
Ordinance # 1761 page 78-6
2. Steps to Avoid Degradation. Describe any steps necessary to avoid the degradation of
groundwater and groundwater recharge areas.
D. Geology - Soils - Slopes.
1. 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.
2. 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
above.
3. 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.
4. Soils Map. The subdivision shall be overlaid on the Gallatin 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 shall provide the following soil reports, which can be
obtained from the NRCS:
a. The physical properties and engineering indexes for each soil type;
b. Soil limitations for building and site development, and water features for each
soil type;
c. Hydric soils report for each soil type. If hydric soils are present, the developer
shall provide a wetlands investigation by a certified consultant, using the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (January, 1987);
and
d. The developer shall provide any special design methods planned to overcome the
above limitations.
5. 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.
E. Vegetation.
1. Vegetation Map. On a plat overlay or sketch map:
a. Indicate the distribution of the major vegetation types such as marsh, grassland,
shrub, coniferous forest, deciduous forest or mixed forest.
b. 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.
2. Protective Measures. Describe measures to preserve trees and critical plant communities
(e.g., design and location of streets, lots and open spaces).
515
Ordinance # 1761 page 78-7
F. Wildlife.
1. Species. Describe species of fish and wildlife which use the area affected by the
proposed subdivision.
2. Critical Areas. Identify on a plat overlay or sketch map 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.
3. Pets/Human Activity. Describe the expected effects of pets and human activity on
wildlife.
4. Public Access. Describe the effects on public access to public lands, trails, hunting or
fishing areas.
5. 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 marshland as undeveloped open space).
6. The developer shall discuss the impact of the proposed development on fish and wildlife
with the Montana Department of Fish, Wildlife and Parks (FWP). With the preliminary
plat, the developer shall provide written documentation from FWP that:
a. Verifies that FWP has reviewed the proposed plat;
b. Lists any FWP recommendations; and
c. Outlines any mitigation planned to overcome any adverse impacts.
G. Historical Features.
1. Affected Areas. Describe and locate on a plat overlay or sketch map any known or
possible historic, paleontological, archeological, or cultural sites, structures, or objects
which may be affected by the proposed subdivision.
2. Protective Measures. Describe any plans to protect such sites or properties.
3. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
4. The developer shall discuss the impact of the proposed development on any historic
features, and the need for inventory, study and/or preservation with the State Historic
Preservation Office (SHPO). The developer shall provide written documentation from
SHPO that:
a. Verifies that SHPO has reviewed the proposed plat;
b. Lists any SHPO recommendations;
c. Outlines any plans for inventory, study, and/or preservation; and
d. Describes any mitigation planned to overcome any adverse impacts.
5. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural history,
archeology, art history, historic preservation, anthropology and cultural resource
management.
H. Agriculture.
1. Number of acres in production and type of production.
2. Agricultural operations in the vicinity, and other uses of land in the general vicinity.
3. The productivity of the land.
516
Ordinance # 1761 page 78-8
4. Whether or not the property is part of a viable farm unit, and whether the property was
under production during the last regular season.
5. What measures will be taken, if any, to control family pets.
6. Fencing of Agricultural Land. Describe any existing fence lines around the subdivision
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 subdivision will share with the owner of the agricultural lands in the continued
maintenance of the fence.
I. Agricultural Water User Facilities.
1. Type, description, ownership and users of facilities.
2. Written documentation demonstrating active use of facilities. If a facility is not being
actively used, include a written plan for abandonment.
3. Describe any proposed realignment(s). All realignments must comply with all relevant
requirements of state law.
J. 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 to serve the proposed subdivision.
K. Stormwater Management. A stormwater management plan shall be submitted with the
preliminary plat. A system shall be designed to remove solids, silt, oils, grease and other
pollutants from the runoff from the private and public streets and all lots, including;
1. The plan shall depict the retention/detention basin locations, and locate and provide
easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. Stormwater receiving channels shall be clearly identified
for all ponds.
2. The plan shall include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways and lot finished grades), typical stormwater
retention/detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
3. Any necessary stormwater easements.
L. Streets, Roads and Alleys.
1. 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 shall demonstrate that the land to be subdivided has access onto a legal street.
2. 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 §18.44.090,
BMC
3. Modification of Existing Streets, Roads or Alleys. Explain any proposed closure or
modification of existing streets, roads or alleys.
4. Dust. Describe provisions considered for dust control on alleys.
5. 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.
517
Ordinance # 1761 page 78-9
6. 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.
a. The report format shall be as follows:
(1) Trip generation, using the Institute of Transportation Engineers Trip
Generation Manual;
(2) Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and
any mitigation techniques.
b. The report shall include the following information:
(1) 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.
(2) Traffic graphics, which show:
(a) AM peak hour site traffic;
(b) PM peak hour site traffic;
(c) AM peak hour total traffic;
(d) PM peak hour total traffic;
(e) Total daily traffic (with site generated traffic shown separately).
(3) AM and PM capacity analysis with an AM and PM peak hour capacity
analysis provided for:
(a) All major drive accesses that intersect collector or arterial streets
or roads; and
(b) All arterial-arterial, collector-collector and arterial-collector
intersections within one mile of the site, or as required by the
City Engineer during the pre-application review, concept plan
review, or informal project review.
7. 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.
8. Bicycle and Pedestrian Pathways, Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
9. Traffic Calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
M. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utility
companies. With the preliminary plat, the developer shall provide written documentation of the
following:
1. Affected Utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a copy of responses.
518
Ordinance # 1761 page 78-10
2. Include a Description of.
a. The method of furnishing electric, natural gas, cable TV, internet or telephone
service, where provided.
b. Estimated timing of each utility installation.
c. The developer shall provide a written statement from the utility companies that
the proposed subdivision can be provided with service.
N. Educational Facilities. With the preliminary plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased enrollment can
be accommodated by the present personnel and facilities and by the existing school bus system.
O. Land Use.
1. Indicate the proposed use(s) and number of lots or spaces in each:
a. Residential area, single-household;
b. Residential area, multiple-household. Types of multiple-household structures
and numbers of each (e.g., duplex, four-plex);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. Manufactured housing community (number of units);
f. Recreational vehicle park;
g. Commercial or industrial; and
h. Other (please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all land used to
meet parkland dedication requirements:
1. Park plan, including:
a. Site plan for the entire property; showing developer installed improvements on
the initial park plan and proposed future improvements on the future park plan;
b. Drainage areas;
c. Utilities in and adjacent to the property;
d. The zoning and ownership for adjacent properties;
e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks;
f. Park landscaping plan, prepared by a qualified landscape professional in
accordance with §18.78.100, showing the location and specific types and species
of plants, shrubs, trees as well as grass seed mixes;
g. General description of land, including size, terrain, details of location and history,
and proposed activities;
h. Trail design and construction showing compliance with adopted City standards
and trail classifications;
i. The requirement for approval of the final park plan by the City Commission with
a recommendation from the Bozeman Recreation and Parks Advisory Board
prior to any site work;
j. The requirement for a preconstruction meeting prior to any site work;
519
Ordinance # 1761 page 78-11
j. Appropriate sections from the “Design Guidelines for City of Bozeman
Parks”;
k. Cost estimate and installation responsibility for all improvements;
l. If playground equipment will be provided, information including the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing and age group intended for use shall be provided; and
m. Soils information and analysis.
2. Park Maintenance.
a. Maintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan, including responsible parties; and
c. Plan for garbage collection, snow removal and leaf removal including responsible
parties.
3. Irrigation Information.
a. An irrigation system map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains and
control box; and
b. If a well will be used for irrigation, a certified well log shall be submitted showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
4. Phasing. If improvements will be phased, a phasing plan shall be provided including
proposed financing methods and responsibilities.
Q. Neighborhood Center Plan. A neighborhood center plan shall be prepared and submitted for all
subdivisions containing a neighborhood center.
R. Lighting Plan. The following subdivision lighting information shall be submitted for all new
subdivisions:
1. For subdivision applications where lighting is required or proposed, lighting plans shall
be submitted to the City for review and approval, and shall include:
a. Isofootcandle plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate
compliance with the intensity and uniformity requirements as set forth in this
ordinance.
c. Description of the proposed equipment, including fixture manufacturer’s
cutsheets, photometrics, glare reduction devices, lamps, on/off control devices,
mounting heights, pole foundation details and mounting methods.
d. The lighting plan shall be prepared, and certified for compliance with the City’s
design requirements and illumination standards, by a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
e. Lighting calculations shall include only the illuminated areas; areas occupied by
buildings or other non-lighted areas shall be excluded from calculations.
2. When requested by the City of Bozeman, the applicant shall 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.
520
Ordinance # 1761 page 78-12
3. Post-approval alterations to lighting plans or intended substitutions for approved lighting
shall only be made after City of Bozeman review and approval.
S. Miscellaneous.
1. 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.
2. 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 should 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.
T. Affordable Housing. Describe how the subdivision will satisfy the requirements of Title 17
Chapter 2, BMC. The description shall be of adequate detail to clearly identify those lots
designated as subject to Title 17, Chapter 2, BMC compliance requirements and to make the
obligations placed on the affected lots readily understandable.
1. On all lots intended to be used to satisfy the requirements of Chapter 17.02, BMC the
allowable building envelope shall be depicted.
18.78.070 FINAL PLAT
A final subdivision plat may not be approved by the City Commission unless all certificates, with the
exception of the Director of Public Service and the County Clerk and Recorder, have been complied
with, signed and notarized and all subdivision 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. This shall include the Certification by the County Treasurer that no real property taxes and
special assessments assessed and levied on the land to be subdivided are delinquent.
A. A final subdivision plat may not be approved by the City Commission or filed by the County
Clerk and Recorder unless it complies with the uniform standards for final subdivision plats
(§8.94.3003, ARM).
B. A letter from the City Engineer shall be submitted to the Planning Department with the final
plat application, where applicable, certifying that the following documents have been received:
1. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public
improvements, including a complete grading and drainage plan.
2. Copy of the state highway access or encroachment permit where a street created by the
plat will intersect with a state highway.
C. Noxious Weed MOU. Prior to final plat approval, a memorandum of understanding shall be
entered into by the Weed Control District and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval, and a
copy of the signed document shall be submitted to the Planning Department with the
application for final plat approval.
D. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan
shall be submitted to the City of Bozeman for review and approval prior to final plat. The
installation of any park improvements to meet minimum development standards or conditions
of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and
approved by the City Commission, with a recommendation from the Bozeman Recreation and
521
Ordinance # 1761 page 78-13
Parks Advisory Board. The final park plan shall include all of the information listed in
§18.78.060.P of this chapter.
E. Irrigation System As-Builts. The developer shall 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 as-builts shall include the exact
locations and type of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
F. Affordable Housing. The developer shall provide a description of how the subdivision has
complied with Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearly
identify those lots designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots readily understandable.
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
Applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. The site plan application shall 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.
A. General Information.
1. Complete, signed application including the following:
a. Name of project/development;
b. Location of project/development by street address and legal description;
c. Name and mailing address of developer and owner;
d. Name and mailing address of engineer/architect, landscape architect and/or
planner;
e. Listing of specific land uses being proposed; and
f. A statement signed by the owner of the proposed development of their intent to
comply with the requirements of the Bozeman Municipal Code and any
conditions considered necessary by the approval body;
2. Location map, including area within one-half mile of the site;
3. List of names and addresses of property owners according to Chapter 18.76, BMC;
4. For all developments, excluding sketch and reuse/further development, a construction
route map shall be provided showing how materials and heavy equipment will travel to
and from the site. The route shall 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.
B. Site Plan Information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this title, existing conditions
on-site or conditions on-site which would result from the proposed development:
1. Boundary line of property with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
522
Ordinance # 1761 page 78-14
b. Estimated total floor area and estimated ratio of floor area to lot size (floor area
ratio, FAR), with a breakdown by land use; and
c. Location, percentage of parcel(s) and total site, and square footage for the
following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(4) Public street right-of-way;
6. Total number, type and density per type of dwelling units, and total net and gross
residential density and density per residential parcel;
7. Location, identification and dimension of the following existing and proposed data, on-
site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundary,
exclusive of public rights-of-way, unless otherwise stated:
a. Topographic contours at a minimum interval of 2 feet, or as determined by the
Planning Director;
b. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites
adjacent to major arterial streets where the distances shall be 200 feet;
c. On-site streets and rights-of-way;
d. Ingress and egress points;
e. Traffic flow on-site;
f. Traffic flow off-site;
g. Utilities and utility rights-of-way or easements:
(1) Electric;
(2) Natural gas;
(3) Telephone, cable TV, and similar utilities;
(4) Water; and
(5) Sewer (sanitary, treated effluent and storm);
h. Surface water, including:
(1) Holding ponds, streams and irrigation ditches;
(2) Watercourses, water bodies and wetlands;
(3) 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
(4) A floodplain analysis report in compliance with Chapter 18.58 of this title
if not previously provided with subdivision review;
i. 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;
(1) All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc. which may be incorporated into the storm drainage
system for the property shall be designated:
(a) The name of the drainageway (where appropriate);
523
Ordinance # 1761 page 78-15
(b) The downstream conditions (developed, available drainageways,
etc.); and
(c) Any downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent or other
significant topographic features;
k. Sidewalks, walkways, driveways, 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 of Bozeman Design
Standards and Specifications Policy, and the City of Bozeman Modifications to
Montana Public Works Standard Specifications;
l. 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;
m. Fences and walls, including typical details;
n. Exterior signs;
o. Exterior refuse collection areas, including typical details;
p. A site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere with
lighting, and adjacent uses, containing a layout of all proposed fixtures by
location and type. The materials required in §18.78.060.R, BMC, if not
previously provided;
q. Curb, asphalt section and drive approach construction details;
r. Landscaping (detailed plan showing plantings, equipment, and other appropriate
information as required in §18.78.100, BMC);
s. Unique natural features, significant wildlife areas and vegetative cover, including
existing trees and shrubs having a diameter greater than 2.5 inches, by species;
t. Snow storage areas;
u. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman
Area Zoning Jurisdiction, within or near the development;
v. Existing zoning within 200 feet of the site;
w. Historic, cultural and archeological resources, describe and map any designated
historic structures or districts, and archeological or cultural sites; and
x. Major public facilities, including schools, parks, trails, etc.;
8. 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 non-employee parking spaces, existing and proposed, and total
square footage of each;
9. The information required by §18.78.060 L., BMC, subject to the following exceptions:
a. Such information was previously provided through a subdivision review process;
or
b. The provision of such information was waived in writing by the City Engineer
during subdivision review of the land to be developed; or
524
Ordinance # 1761 page 78-16
c. The provision of such information is waived in writing by the City Engineer
prior to submittal of a preliminary site plan application; or
d. The application for site plan approval involves the redevelopment of property
located within the City’s established Neighborhood Conservation Overlay
District. In such cases, the City may require the property owner to sign a Waiver
of Right to Protest Creation of a Special Improvement District, or other form of
agreement, assuring participation, on a fair share, pro-rata basis, in future
improvements to intersections in the vicinity of the development proposal; or
e. The application for site plan approval involves the adaptive reuse of an existing
building, regardless of its location within the City, or the redevelopment of a
property located within one of the City’s Urban Renewal Districts. In cases
where an existing building or complex of buildings is to be torn down and
replaced with a larger building or complex of buildings, the City Engineer may
require the information described in Section 18.78.060 L. to evaluate the
additional traffic impacts resulting from development of the larger building or
complex of buildings.
10. Building design information (on-site):
a. Building heights and elevations of all exterior walls of the building(s) or
structure(s);
b. Height above mean sea level of the elevation of the lowest floor and location of
lot outfall when the structure is proposed to be located in a floodway or
floodplain area;
c. Floor plans depicting location and dimensions of all proposed uses and activities;
and
d. All onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitability of such soils for the intended construction and proposed landscaping;
12. Temporary facilities plan showing the location of all temporary model homes, sales
offices and/or construction facilities, including temporary signs and parking facilities;
13. Unless already provided through a previous subdivision review, a noxious weed control
plan complying with §18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth in Chapter 18.72 of this title.
15. The information necessary to complete the determination of density change and
parkland provision required by §18.50.020.B, BMC, 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 §18.78.060.P,
BMC shall be provided.
16. Affordable Housing. Describe how the site plan will satisfy any requirements of Title 17
Chapter 2, BMC which have either been established for that lot(s) through the
subdivision process or if no subdivision has previously occurred are applicable to a site
plan. The description shall be of adequate detail to clearly identify those lots and
dwellings designated as subject to Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots and dwellings readily
understandable.
525
Ordinance # 1761 page 78-17
18.78.090 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 (i.e. located in a neighborhood conservation or entryway
corridor overlay districts) shall 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. Certain information shall 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 shall be
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 shall be included in the submission:
a. Completed application on form provided by the Planning Department;
b. One current picture of each elevation of each structure planned to be altered and
such additional pictures of the specific elements of the structure or property to
be altered that will clearly express the nature and extent of change planned.
Except when otherwise recommended, no more than eight pictures should be
submitted and all pictures shall 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 §18.34.050 or §18.34.060, BMC;
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. Such other information as may be suggested by the Planning Department;
i. It is further suggested that the applicant seek comments from the neighborhood
or area; and
j. Description of any applicant-requested deviation(s) and a narrative explanation
as to how the requested deviation(s) will encourage restoration and rehabilitation
activity that will contribute to the overall historic character of the community.
2. Entryway Overlay District.
a. Depending on the complexity of development, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an application for a deviation as outlined in §18.66.050,
BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will
produce, so as to enable the City Commission to make the determination that the
deviation 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 Chapter 18.30, BMC.
526
Ordinance # 1761 page 78-18
18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS
A These landscape regulations apply to a lot or site subject to plan review and approval outlined in
Chapter 18.34, BMC, a separate landscape plan shall be submitted as part of the site plan
application unless the required landscape information can be included in a clear and uncluttered
manner on a site plan with a scale where 1 inch equals 20 feet.
B. Landscape Plan Format. The landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and
2. Standard drawing sheet of a size not to exceed 24- by 36-inches. A plan which cannot
be drawn entirely on a 24- by 36-inch sheet must be drawn on two or more sheets, with
match lines.
C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified by:
1. A registered Montana landscape architect;
2. An individual with a degree in landscape design and two years of professional design
experience in Montana; or
3. An individual with a degree in a related field (such as horticulture, botany, plant science,
etc.) and at least five years of professional landscape design experience, of which two
years have been in Montana.
D. Contents of Landscape Plan. A landscape plan required pursuant to this title shall contain the
following information:
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing boundary lines and dimensions of the lot;
3. 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, driveways and sidewalks on the lot and/or adjacent to the lot.
4. Project name, street address, and lot and block description;
5. Location, height and material of proposed screening and fencing (with berms to be
delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. The location and
type of all existing trees on the lot over 6 inches in caliper must be specifically indicated;
8. 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;
9. An indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction;
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and
water features;
11. A description of proposed watering methods;
527
Ordinance # 1761 page 78-19
12. Location of street vision triangles on the lot (if applicable);
13. Tabulation of “points” earned by the plan (see §18.48.060 of this title);
14. Designated snow removal storage areas;
15. Location of pavement, curbs, sidewalks and gutters;
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation and at maturity;
19. Areas to be irrigated;
20. Planting plan for watercourse buffers, per §18.42.100, BMC, if not previously provided
through subdivision review; and
21. 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.
18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS
A sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall also
show site boundaries, street and alley frontages with names, and location of all structures with distances
to the nearest foot between buildings and from buildings to property lines.
18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS
The following material shall be submitted for review with each planned unit development.
A. Submittal Requirements for Pre-applications. The following information and data shall be
submitted for pre-application review. The number of copies required shall be determined by the
Planning Department:
1. Data regarding site conditions, land characteristics, available community facilities and
utilities and other related general information about adjacent land uses and the uses of
land within one-half mile of the subject parcel of land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major
streets and other significant features on the site and within one-half mile of the site; and
3. A computation table showing the site’s proposed land use allocations by location and as
a percent of total site area.
B. Submittal Requirements for Preliminary Plans. The following information and data shall be
submitted for preliminary plan review. The number of copies required shall be determined by
the Planning Department:
1. Document Requirements. The following information shall be presented in an 8½- by 11-
inch vertically bound document. The document shall be bound so that it will open and
lie flat for reviewing and organized in the following order:
a. Application forms;
b. A list of names of all general and limited partners and/or officers and directors
of the corporation involved as either applicants or owners of the planned unit
development;
c. A statement of planning objectives, including:
528
Ordinance # 1761 page 78-20
(1) Statement of applicable City land use policies and objectives achieved by
the proposed plan and how it furthers the implementation of the
Bozeman growth policy;
(2) Statement of:
(a) Proposed ownership of open space areas; and
(b) Applicant’s intentions with regard to future ownership of all or
portions of the planned unit development;
(3) Estimate of number of employees for business, commercial and
industrial uses;
(4) Description of rationale behind the assumptions and choices made by the
applicant;
(5) Where deviations from the requirements of this title are proposed, the
applicant shall submit evidence of successful completion of the
applicable community design objectives and criteria of §18.36.090, BMC.
The applicant shall submit written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning Director may require, or the
applicant may choose to submit, evidence that is beyond what is required
in that section. Any element of the proposal that varies from the criterion
shall be described;
(6) Detailed description of how conflicts between land uses of different
character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy consumption, (e.g.,
home/business utilities, transportation fuel, waste recycling);
d. A development schedule indicating the approximate date when construction of
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas;
e. One reduced version of all preliminary plan and supplemental plan maps and
graphic illustrations at 8½- by 11-inches or 11- by 17-inches size.
2. Site Plan Requirements. A site plan of the proposed development drawn at a scale of not
less than 1 inch equals 100 feet, composed of one or more sheets with an outer
dimension of 24- by 36-inches, showing the information required for site plans in
§18.78.080, BMC plus the following additional information:
a. Notations of proposed ownership, public or private, should be included where
appropriate;
b. The proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping; and
c. Attorney’s or owner’s certification of ownership.
3. Supplemental Plan Requirements.
a. Viewsheds.
(1) Looking onto and across the site from areas around the site, describe and
map the views and vistas from adjacent properties that may be blocked
or impaired by development of the site;
(2) Describe and map areas of high visibility on the site as seen from
adjacent off-site locations;
529
Ordinance # 1761 page 78-21
b. Street Cross Sections if Different From City Standards. Street cross-section
schematics shall be submitted for each general category of street, including:
(1) The proposed width;
(2) Treatment of curbs and gutters, or other storm water control system if
other than curb and gutter is proposed;
(3) Sidewalk systems; and
(4) Bikeway systems, where alternatives to the design criteria and standards
of the City are proposed;
c. Physiographic data, including the following:
(1) A description of the hydrologic conditions of the site with analysis of
water table fluctuation and a statement of site suitability for intended
construction and proposed landscaping. The description of the
hydrologic conditions shall include depth to groundwater measurements
taken May 15th through September 15th;
(a) An alternative to the actual measurement of water table depth
may be offered provided that such alternative includes a detailed
soil profile, including a detailed description of the soil which
follows The National Cooperative Soil Survey Field Book for
describing soils and which provides good and sufficient evidence
to establish the presence and depth of a seasonal water table, a
land form position or location, or other physiographic data
which are sufficient to establish the minimum depth to
groundwater. Some soils are not easily profiled to establish an
off-season high water table, such as those underlain by sand or
gravel, those high in organic matter and those with a high lime
content. Physical monitoring of these types of soils may be
necessary;
(3) Locate and identify the ownership of existing wells or well sites within
400 feet of the site;
d. Preliminary Subdivision Plat. If the project involves or requires platting, a
preliminary subdivision plat, subject to the requirements of this title relative to
subdivisions, shall be submitted;
e. Traffic Impact Analysis. Not withstanding the waiver provisions of
§18.78.080.B.9, BMC, at the discretion of the City Engineer, a traffic impact
analysis shall be prepared based upon the proposed development. The analysis
shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses. The Director of Public Service may
require the traffic impact analysis to include the information in §18.78.050.L,
BMC. If a traffic impact analysis has been submitted as part of a concurrent
subdivision review, that analysis shall meet this requirement;
f. Additional Studies and Plans. If the development’s compliance with the
community design objectives and criteria is under question, the City Commission
may require additional impact studies or other plans as deemed necessary for
providing thorough consideration of the proposed planned unit development;
g. A proposed draft of a legal instrument containing the creation of a property
owner’s association sufficient to meet the requirements of §18.72.020, BMC shall
be submitted with the preliminary plan application.
530
Ordinance # 1761 page 78-22
C. Submittal Requirements for Final Plans.
1. A completed and signed application form;
2. A list of names of all general and limited partners and/or officers and directors of the
corporation involved as either applicants or owners of the planned unit development;
3. Site Plan Submittal Requirements.
a. A final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same
scale as the approved preliminary plan. If a different scale is requested or
required, a copy of the approved preliminary plan shall be submitted that has
been enlarged or reduced to equal the scale of the final plan. However, only the
scales permitted for the preliminary plans shall be permitted for final plans.
b. The final plan site plan shall show the following information:
(1) Land use data (same information as required on the preliminary site
plan);
(2) Lot lines, easements, public rights-of-way as per subdivision plat;
(3) Attorney’s or owner’s certification of ownership;
(4) Planning Director certification of approval of the site plan and its
conformance with the preliminary plan; and
(5) Owner’s certification of acceptance of conditions and restrictions as set
forth on the site plan;
4. Supplemental Plans.
a. Final Landscape Plan. A final landscape plan consistent with the conditions and
restrictions of the approved preliminary plan shall be submitted. It shall also be
consistent with the Chapter 18.48, BMC, except that any stated conditions and
restrictions of the preliminary plan approval shall supersede the provisions of
Chapter 18.48, BMC;
b. Final Subdivision Plat. An official final subdivision plat of the site must
accompany the final planned unit development plan when applicable. City
approval of the final subdivision plat shall be required before issuance of
building permits;
c. Final Utility Plans. Prior to submission of the final plan to the DRC and ADR
staff, engineering plans and specifications for sewer, water, street improvements
and other public improvements, and an executed improvements agreement in
proper form providing for the installation of such improvements, must be
submitted to and approved by the City; and
d. Open Space Maintenance Plan. A plan for the maintenance of open space,
meeting the requirements of §18.72.040, BMC, shall be submitted with an
application for final plan approval. Open space shown on the approved final
plan shall not be used for the construction of any structures not shown on the
final plan.
18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS
The following information shall be submitted for all regulated activities proposed for regulated wetland
areas:
A. A description of the proposed activity;
B. A description of why avoidance and less damaging alternatives have been rejected, if applicable;
531
Ordinance # 1761 page 78-23
C. A site plan which shows the delineated wetland boundary, the property boundary, all existing
and proposed structures and roads, watercourses and drainageways on the property;
D. The exact locations and specifications for all proposed regulated activities, and the direct and
indirect impact of such activities;
E. 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;
F. The names and addresses of all property owners within 200 feet of the subject property. The
names and addresses shall also be provided on self-adhesive mailing labels;
G. Copies of any Section 404 wetland permits already obtained for the site; and
H. A completed wetland review application supplement.
(1) All parties applying for activity(s) permits proposing action(s) affecting Federal, State or City
regulated wetlands, watercourses and/or buffers within the City limits shall submit the following
information to the Water Review Board:
A. A Wetland and Watercourse Delineation Report must be submitted to the city for all projects, if
aquatic resources are present. If no aquatic resources are present, a letter shall be submitted to the City
stating that there are no water resources within the subject property.
1. This Wetland and Watercourse Delineation Report shall include, but not be limited to,
the following:
a. Wetland and watercourse descriptions;
b. Functional assessment, as determined by a State-accepted functional assessment
method, i.e. Montana Department of Transportation (Berglund and
McEldowney 2008) or Montana Department of Environmental Quality
(Apfelbeck and Farris 2005);
c. Wetland types, as determined by a State-accepted functional assessment method
(i.e. Cowardin et al 1979);
d. Wetland acreages (by a licensed surveyor);
e. Maps with property boundaries, wetland and watercourse boundaries and
acreages; and
f. Wetland data forms (U.S. Army Corps of Engineers Data Forms).
B. If activities are planned in and/or adjacent to aquatic resources the following information is
required:
1. 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.
a. All direct impacts to wetlands, watercourses, and buffers shall be highlighted and
summarized in a table on the site plan. The water resource and buffer summary
table shall 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.
b. All indirect impacts (e.g. shading from boardwalks or public utility well
drawdown) shall be summarized in the document.
532
Ordinance # 1761 page 78-24
2. Include a map with all proposed mitigation areas and their required buffers. The map
will include a table of mitigation wetland type and acreage and required buffers and
acreage. Describe the functional unit gain of the wetland mitigation (as determined by a
State-accepted functional assessment method).
3. 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 18.78.020.
4. The names and addresses of all property owners within 200 feet of the subject property.
The names and addresses shall also be provided on self-adhesive mailing labels.
5. Copies of the following: (a) any Clean Water Act (CWA) Section 404 and 401 permits;
(b) any MT 301 permits; (c) any floodplain determinations for the proposed site(s)
known to the applicant; (d) any other applications, state or federal, for wetlands permits
regarding the proposed site(s); (e) any US Army Corps of Engineers jurisdictional
determinations regarding wetlands on the proposed and adjacent site(s); (f) and, if
relevant, any MT state joint applications for the proposed project site(s)
6. A completed Wetland Review Checklist.
C. 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 will be submitted to the city for all Federal
jurisdictional and City-regulated wetlands (see 18.80.3170) in a Compensatory Mitigation Report:
1. The descriptive portion of the Compensatory Mitigation Report shall include, at a
minimum:
a. The name and contact information of the applicant; the name, qualifications, and
contact information for the primary author(s) 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(s) required for the project; and, a vicinity map for
the project.
b. 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.
c. 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.
d. 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;
e. 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.
f. Provide 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:
533
Ordinance # 1761 page 78-25
data from hand-dug or mechanical soil pits or boring results). Do not rely on
soil survey data for establishing existing conditions.
g. 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 shall comprise 80%
of the plants installed or seeded within the mitigation site.
h. The mitigation monitoring plan should include a period of not less than 3 years,
and establish the responsibility for long-term removal of invasive vegetation.
j. 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 3 years there will be an 80% survival of the
planted shrubs and trees.”) for mitigation wetlands and buffers, a monitoring
schedule, reporting requirements to the City, and maintenance schedule and
actions for each year of monitoring.
j. Contingency plans which clearly define course of action or corrective measures
needed if Performance Criteria are not met.
2. The scaled plan sheets for the compensatory mitigation must contain, at a minimum:
a. Existing wetland and buffer surveyed edges; proposed areas of wetland and
buffer impacts; and, location of proposed wetland and buffer compensation
action.
b. Surveyed topography at 1- to 2-foot contour intervals in the zone of the
proposed compensation actions if any grading activity is proposed in the
compensation area(s). Provide existing and proposed mitigation design cross-
section(s) for the wetland and/or buffer compensation areas.
c. Required wetland buffers for existing wetlands and proposed mitigation areas;
3. A discussion of ongoing management practices that will protect and maintain the non-
impacted and mitigation wetland, watercourse and buffer areas in perpetuity.
18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT
DECISIONS
All appeals of Administrative Project Decisions shall include:
A. Name and address of the appellant;
B. The legal description and street address of the property involved in the appeal;
C. A description of the project that is the subject of the appeal;
D. Evidence that the appellant is an aggrieved person as defined in Chapter 18.80, BMC;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of above property owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determined by the Planning Director.
534
Ordinance # 1761 page 78-26
18.78.150 ADMINISTRATIVE INTERPRETATION APPEALS
All appeals of administrative interpretations shall include:
A. Name and address of the applicant;
B. The legal description and street address of the property, if any, involved in the appeal;
C. A description of the property, if any, that is the subject of the interpretation appeal including:
1. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
D. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared county real estate tax records;
F. Stamped, unsealed envelopes addressed with names of the above property owners;
G. Required filing fee; and
H. 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 title.
18.78.160 SUBMITTAL MATERIALS FOR VARIANCES
An application for a variance shall be accompanied by a development plan showing such information as
the Planning Director may reasonably require for purposes of this title. The plans shall contain sufficient
information for the Commission to make a proper decision on the matter. The request shall state the
exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a
variance. In all cases, the application shall include, and shall not be deemed filed until, all of the
following is submitted:
A. Name and address of the applicant;
B. The legal description of the property involved in the request for variance, including the street
address, if any, of the property;
C. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
D. List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared county real estate tax records;
E. Stamped, unsealed envelopes addressed with names of above property owners;
F. A site plan drawn to scale showing the property dimensions, grading, landscaping and location
of utilities, as applicable;
G. Location of all existing and proposed buildings;
H. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and sidewalks as
applicable;
I. A clear description of the variance requested and the reasons for the request;
J. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of §18.66.060.C, BMC;
535
Ordinance # 1761 page 78-27
K. Evidence satisfactory to the City Commission 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
L. Required filing fee.
18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS
The following information shall 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.
A. Submittal Materials.
Table 78-2
Telecommunication Submittal Materials Micro-
scale
Small-
scale
Large-
scale
1. A detailed written description of how the applicant has complied with, or will comply
with, the applicable standards of this title, especially those of this chapter; X X X
2. An accurate photo simulation of the site with the proposed facility in place. The
simulation shall 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 shall not be included in the simulation unless it exists on
adjoining properties;
X X X
3. A statement of whether the proposed facility is exempt or non-exempt from
environmental review under the Rules of the FCC;
a. 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 shall be
included. If the facility is not exempt from environmental review, a copy of the
environmental review shall be provided with the application, and the approval from the
FCC for the site shall be provided to the City of Bozeman prior to the final site plan
approval;
AND
b. If the facility is claimed to be exempt from environmental review, a statement shall 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 shall result in the immediate revocation of permits or
approvals granted upon the basis of the false information and the cessation of operation of
the offending facilities;
X X X
4. 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
5. A report providing a description of the large scale wireless facility with technical reasons
and justification for its design and placement; X
6. 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
7. 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 of Montana. Loading criteria shall be those set
forth in the edition of the International Building Code most recently adopted by the City;
and
X
8. A statement of how the collocation requirements of Section 18.54.040.B, BMC, shall be
met. X
B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater
in height, the applicant shall submit:
1. 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
536
Ordinance # 1761 page 78-28
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;
2. A statement of intent of how co-location on the facility will be addressed;
3. A statement of willingness to allow co-location at reasonable and customary rates by all
technically feasible providers up to the structural capacity of the tower;
4. 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;
5. An applicant shall demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration
shall address the criteria in §18.54.040.B, BMC;
6. 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 shall transfer to the owner
of the underlying property;
7. 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 shall be 150 percent of the estimated cost of facility
removal and must be acceptable to the City; and
8. A large scale wireless facility may be reviewed as a multiple phase project and be
constructed over time as provided for in §18.54.040.B, BMC. An applicant intending to
construct a new large scale wireless facility shall provide letters of intent adequate to
meet the requirements for leases set forth in §18.54.040.B, BMC.
537
Ordinance # 1761 page 80-1
CHAPTER 18.80
DEFINITIONS
18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
A. All words in this title shall be first defined as provided in this chapter and, if not defined herein,
shall 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’, shall have their customary dictionary definitions.
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 “shall” 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, shall be construed to include the word “intended, arranged, or designed to
be used or occupied”; the words “map” or “zoning map” mean the zoning map(s) of the City
that delineate the area to be governed by these regulations.
C. For the purposes of this title certain words and terms used herein are defined as follows:
18.80.020 ACCESS OR ACCESS WAY
The place, means or way by which pedestrians and vehicles shall have adequate and usable ingress and
egress to property or use as required by this title.
18.80.030 ACCESSORY BUILDING OR USE
A subordinate building, or portion of the principal building, located on the same lot as the principal
building, or a subordinate use of land, either of which is customarily incidental to the principal building
or to the principal use of land. Where part of an accessory building is connected to part of the principal
building by a common wall, such accessory building shall be counted as part of the principal building.
Individual public utility installations above ground are considered accessory buildings.
18.80.035 ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or
specific purpose.
18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF
Certain members of the planning staff charged with the design review, as defined in this chapter, of
certain plans and proposals as specified in this title. The organization, composition and procedures of
the administrative design review staff are subject to the requirements of Chapter 18.62, BMC.
18.80.050 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 §45-8-
201(2), MCA. Adult business as defined in this section shall include, but need not be 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.
18.80.060 AFFORDABLE HOUSING
Housing for persons earning less than 65 percent of the area’s annual median income for rental housing
and 100 percent of the area’s annual median income for purchased housing. Further, affordable housing
538
Ordinance # 1761 page 80-2
does not require greater than 30 percent of the household gross annual median income for housing.
Annual median income is defined by the Department of Housing and Urban Development. Affordable
housing is subject to the City’s affordable housing policy.
18.80.070 AGGRIEVED PERSON
A person, as defined in this chapter, 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.
18.80.080 AGRICULTURAL ACTIVITY
The cultivation or tilling of soil 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 landscaping for aesthetic
purposes.
18.80.090 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 §15.7.202, MCA.
18.80.100 ALLEY
A permanent public thoroughfare providing a secondary means of access to abutting lands.
18.80.110 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.’
18.80.120 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, shall
not be considered alterations as defined in this section. Alteration further means any change or addition
to a structure within a floodplain that either increases its exterior dimensions or increases its potential
flood hazard.
18.80.130 ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical treatment and are cared for during the time
of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital
operation. Short term interior boarding is permitted.
18.80.140 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).
539
Ordinance # 1761 page 80-3
18.80.150 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 nonresidential buildings located within nonresidential districts, as specified in this title. Efficiency
units shall qualify as an apartment under this definition.
18.80.160 APARTMENT BUILDING
A building other than a hotel or motel containing five or more dwelling units.
18.80.170 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.
18.80.180 APPLICANT
The person(s) who, or organization which, submitted the application to the agency, board or
commission for approval, or the person(s) who, or organization which, submitted the application to the
agency, board or commission whose decision has been appealed.
18.80.190 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.
18.80.200 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.
18.80.210 AREA OF SIGNS
The area of a sign that shall be 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 shall be
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 shall be 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 should not be 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 shall be computed as the area of the sign.
18.80.220 ARTIFICIAL LOT
An area within a legally existing lot that is delineated by the Planning Director for the sole purpose of
satisfying the landscaping requirements of this title.
18.80.230 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, bridge,
540
Ordinance # 1761 page 80-4
conduit, culvert, building, refuse, automobile body, fill or other analogous structure or matter in, along,
across or projecting into any 100-year floodplain which 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.
18.80.240 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; studios for arts education, such as dance or
painting. Also includes entertainment activities such as arcades; bowling alleys or pool halls. Arts and
entertainment center does not include any business meeting the definition of adult business as defined
by this title.
18.18.245 ATTACHED STRUCTURE
A building sharing with one or more other buildings a common wall(s) for not less than five feet.
18.80.250 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,
noncommercial trucks, motorcycles, motorhomes, recreational vehicles or boats. This 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.
18.80.260 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.
18.80.270 AUTO SALVAGE YARD
A junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts.
18.80.280 AUTOMOBILE WASHING ESTABLISHMENT
A building which has its primary purpose as washing automobiles. Such facilities shall be 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.
18.80.290 AWNING
A roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-
type material, and typically open 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 title a sign on an awning
shall be considered to be a wall sign.
18.80.300 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 shall not be considered banners.
18.80.310 BAR (TAVERN, COCKTAIL LOUNGE)
An establishment where alcoholic beverages are served on premises and where the total sales of alcohol
exceeds the total sales of food.
541
Ordinance # 1761 page 80-5
18.80.320 BASE FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A base flood is the
same as a 100-year flood.
18.80.330 BASE FLOOD ELEVATION
The elevation above sea level of the base flood in relation to National Geodetic Vertical Datum of 1929
unless otherwise specified in the flood hazard study.
18.80.340 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.
18.80.350 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.
18.80.360 BED AND BREAKFAST HOME
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.
18.80.370 BUILDING
Any structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or
chattels.
18.80.380 BUILDING AREA
The maximum horizontal projected area of the principal and accessory building(s), excluding open steps,
terraces, and architectural appurtenances projecting not more than 2 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 yard setback requirements measured from the actual lot line.
18.80.390 BUILDING ENVELOPE
The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and
between ground level and the maximum allowable building height, amounting to the area available for
potential building construction.
18.80.400 BUILDING FRONTAGE
The maximum dimension of the building front measured on a straight line parallel to the street, but
excluding facades facing alleys or driveways.
18.80.410 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 shall be in conformance 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 2 feet between opposite elevations of the building, the height of the building
may be increased by 1 foot for every 1 foot in grade difference up to a maximum of 6 additional feet.
18.80.420 BUILDING, PRINCIPAL
A building in which is conducted the main, or principal, use of the lot on which the building is situated.
542
Ordinance # 1761 page 80-6
18.80.430 BUSINESS
Engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services; the
maintenance or operation of offices or recreational or amusement enterprises.
18.80.440 CANOPY
Any open, permanent roof-like accessory structure which is not attached or part of a principal building.
18.80.450 CANOPY TREE
A species of tree which normally bears crown foliage no lower than 6 feet above ground level upon
maturity.
18.80.460 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 shall 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.
18.80.470 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 will
normally often have beverage and restaurant facilities as accessory uses. In all instances, 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 One or more card tables isare on the premises; and/or
3. Fifteen One or more gambling machines are on the premises.
B. An applicant for a casino establishment must obtain a Montana state license to sell alcoholic
beverages for consumption on the premises.
18.80.480 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.
18.80.490 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 or Entryway Overlay
District.
18.80.500 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.
18.80.510 CHILD
A person under twelve years of age.
543
Ordinance # 1761 page 80-7
18.80.520 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.
18.80.530 CITY
The City of Bozeman.
18.80.540 CITY COMMISSION
The governing body of the City of Bozeman.
18.80.550 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.
18.80.560 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.
18.80.570 CO-LOCATION
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 does
not include roof-mounted or surface-mounted wireless facilities or the placement of other antenna on
an amateur radio antenna.
18.80.580 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.
18.80.590 COMMERCIAL NODE
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.
18.80.600 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
544
Ordinance # 1761 page 80-8
development. Common open space shall not be part of individual residential lots. It shall 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.
18.80.610 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 his family owns an interest in each corporation, firm,
partnership, entity or unincorporated association.
18.80.620 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.
18.80.630 COMMUNITY RESIDENTIAL FACILITY
A single residential structure having common kitchen facilities 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;
3. A youth foster home or other facility for care of minors as defined in §52-2-601 et seq., MCA;
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; or
6. Any facility defined in §76-2-411, MCA.
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 shall not be counted as residents, except that the total number
of all persons living at the facility shall not exceed ten.
18.80.640 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.
545
Ordinance # 1761 page 80-9
18.80.650 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.
18.80.660 CONDITIONAL USE
A public or private use as listed in this title which, because of its unique characteristics, cannot be
properly classified as a principal use or accessory use in a particular district. After consideration in each
case of the impact of such use upon neighboring land, and of the public need for the particular use at
the particular location, a permit for such conditional use may or may not be granted, with or without
conditions, in addition to any condition specifically stated in this title for any particular conditional use,
including time limits, pursuant to the requirements of this title.
18.80.670 CONDITIONAL USE PERMIT
Legal authorization to construct, develop or operate a conditional use as defined by this title.
18.80.680 CONSERVATION EASEMENT
The grant of a property right or interest from the property owner the public or nonprofit conservation
organization stipulating that the described land shall remain in perpetuity in its natural and open state,
precluding future or additional development (with the exception of any allowable structures or facilities).
18.80.690 CONTIGUOUS TRACT
For the purpose of these regulations, 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.
18.80.700 CONSTRUCTION
The act of adding to an existing structure or erecting a new principal or accessory structure.
18.80.710 CONVENIENCE FOOD RESTAURANT
An establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic
beverages to the consumer in a ready-to-eat state for consumption either within the premises or for
carry-out with consumption either on or off the premises and whose design or principal method of
operation includes both of the following characteristics:
A. Foods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
B. The customer is not served food at his/her table by an employee but receives it at a counter,
window or similar facility for carrying to another location for consumption either on or off the
premises.
18.80.720 CONVENIENCE USE
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:
A. Retail motor fuel is sold;
B. 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
C. Drive-in and drive-through restaurants.
546
Ordinance # 1761 page 80-10
18.80.730 COOPERATIVE HOUSEHOLD
Five or more persons who are granted a conditional use permit as a cooperative household pursuant to
the terms of Chapter 18.34 of this title. A cooperative household exhibits four or more of the
following characteristics:
A. A shared strong bond or common commitment to a single purpose, such as members of a
religious order;
B. Are not legally dependent on others not living with them;
C. Can establish legal “domicile” as defined by state law;
D. Share a single household budget;
E. Share in the work of maintaining the premises;
F. 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
G. The relationship must be of a permanent and distinct character with a demonstrable and
recognizable bond characteristic of a cohesive unit.
Cooperative housing does not mean any society, club, fraternity, sorority, association, lodge,
organization or group of students or other individuals with a common living arrangement or whose
basis for the establishment of the housekeeping unit is temporary.
18.80.740 COVENANT
An agreement that binds and restricts the land in the hands of present owners and subsequent
purchasers with a view towards protecting and enhancing the physical, natural and economic integrity of
an area.
18.80.750 DATE OF SUBMISSION
The date at which the plat or plan and all required supplementary information is received and certified
as complete by the Planning Department.
18.80.760 DAY CARE CENTER
A place in which supplemental care is provided to thirteen or more nonresident persons on a regular
basis and which is licensed by the State of Montana.
18.80.770 DAY CARE HOME, FAMILY
A private residence in which supplemental care is provided to three to six nonresident persons from
separate families on a regular basis and which is registered by the State of Montana.
18.80.780 DAY CARE HOME, GROUP
A private residence in which supplemental care is provided to seven to twelve nonresident persons on a
regular basis and which is registered by the State of Montana.
18.80.790 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.
18.80.800 DEMOLITION
Any act or process that destroys, in part or whole, a structure or archaeological site.
547
Ordinance # 1761 page 80-11
18.80.810 DESIGN REVIEW
The aesthetic evaluation of certain development proposals, including those located in the neighborhood
conservation overlay district, entryway overlay district, and all planned unit developments and retail
developments consisting of single tenant buildings greater than 40,000 square feet relative to
architectural, site, landscape, environmental, urban and other design matters as specified in this title.
18.80.820 DESIGN REVIEW BOARD
That board created by Chapter 18.62 of this title and appointed by the City Commission, charged with
the design review, as defined in this chapter, of certain plans and proposals as specified in this title.
18.80.830 DEVELOPMENT
Any man-made change to improve or alter real estate, including but not limited to, subdivision of land,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
18.80.840 DEVELOPMENT ENVELOPES
Areas on a lot within which grading, lawns, pavement and buildings will be located.
18.80.850 DEVELOPMENT REVIEW COMMITTEE
That committee created by Chapter 18.62, BMC and charged with the expressed intent of reviewing
designated plans and proposals.
18.80.860 DEVIATION
A modification of physical standards of this title as applied to a specific piece of property located within
the neighborhood conservation overlay district or entryway corridor overlay district. A deviation may be
granted only by the City Commission.
18.80.870 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 or possession of a portion of the tract, or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels
pursuant to these subdivision regulations and the Montana Subdivision and Platting Act. The
conveyance of a tract of record or an entire parcel of land that was created by a previous division of land
is not a division of land.
18.80.880 DIRECTIONAL SIGN
An on-premise sign which is intended to convey information regarding the location of specific features
of the site or to convey on-premise regulations including traffic and circulation regulations.
18.80.890 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(s).
18.80.900 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.
548
Ordinance # 1761 page 80-12
18.80.910 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 Chapter 18.80, BMC, for residential purposes. Dwelling
occupancy duration is typically longer than thirty continuous days. Dwellings may exist in many
configurations, including single-household, two-household, multiple-household dwellings and group
homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes.
18.80.920 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.
18.80.930 EFFICIENCY UNIT
A dwelling unit containing only one habitable room as defined and regulated by the most recently
adopted International Building Code.
18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER)
A person licensed in conformance with the Montana Professional Engineers Registration Act (§37-67-
101 through §37-67-332, MCA) to practice engineering in the State of Montana.
18.80.950 ENGINEERING DEPARTMENT
Engineering Division of the City of Bozeman’s Department of Public Service.
18.80.960 ESSENTIAL SERVICES (TYPE I)
Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention
ponds and drainage ways); sanitary sewer and storm sewer lift stations; public domestic water storage
facilities; water fill stations for fire fighting equipment; local service telephone lines and cables; local
service electrical distribution lines and cables; local service cable television lines; local service electronic
data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public
and amateur radio antennae and towers.
18.80.970 ESSENTIAL SERVICES (TYPE II)
Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical
transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment
facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone
exchanges and repeater stations, except those facilities which may be considered wireless facilities; other
accessory facilities, equipment and structures; and police and fire stations.
18.80.980 ESTABLISH
To construct, place, insert or excavate.
18.80.990 EVERGREEN TREE OR SHRUB
A tree or shrub of a species which normally retains its leaves/needles throughout the year.
18.80.1000 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.
549
Ordinance # 1761 page 80-13
18.80.1010 EXTENDED STAY LODGINGS
Guest rooms intended or designed to be used, or which are used, rented or hired out to be occupied, or
which are occupied for sleeping purposes for guests and contain kitchen facilities for food preparation
including but not limited to such facilities as refrigerators, stoves and ovens. Generally an individual
guest will not exceed thirty days stay. This definition includes dwelling units used, rented or hired out for
vacation homes.
18.80.1020 FINAL DECISION
The final action of an agency, board or commission when no further action is available before such
agency, board or commission.
18.80.1030 FINAL PLAT
The final drawing of a subdivision and dedication required by this title 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 title and the Montana Subdivision and Platting.
18.80.1040 FINAL SITE PLAN
The final scale drawings of a preliminarily approved development and any other required information,
the approval of which by the Planning Director indicates that the required conditions for approval have
been met.
18.80.1050 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.
18.80.1060 FLOOD INSURANCE RATE MAP
The map on which FEMA has delineated both the 100-year floodplains and the risk premium zones.
18.80.1070 FLOOD INSURANCE STUDY
The report in which FEMA has provided flood profiles, as well as the Flood Boundary/Floodway Map
and the water surface profiles.
18.80.1080 FLOODPLAIN
Areas generally adjoining a stream that would be covered by floodwater of a 100-year flood except for
designated shallow flooding areas that receive less than one foot of water per occurrence. The floodplain
consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BMC.
18.80.1090 FLOODPLAIN ACT
The Montana Floodplain and Floodway Management Act, §76-5-101 et seq., MCA.
18.80.1100 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.
18.80.1110 FLOODWAY FRINGE
The portion of the floodplain that is outside the limits of the floodway.
550
Ordinance # 1761 page 80-14
18.80.1120 FOOD PROCESSING FACILITY
A facility in which food is processed or otherwise prepared for eventual human consumption but not
consumed on the premises.
18.80.1130 FOOTCANDLE
A unit of light intensity stated in lumens per square foot and measurable with an illuminance meter.
18.80.1140 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.
18.80.1150 FRONT LINE OF BUILDING
The line of the face of a building nearest the front lot line.
18.80.1160 FRONT YARD
A yard extending across the full width of the lot between two side lot lines, the depth of which is the
least distance between the street right-of-way and the front building line.
18.80.1170 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.
18.80.1180 GARAGE, PUBLIC
Any building or premises, except those defined herein as a private 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.
18.80.1190 GLARE
The sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance
and visibility to the eye.
18.05.1200 GOVERNING BODY
The governing authority of a city or town organized pursuant to law. In the City of Bozeman, the City
Commission is the governing authority.
18.80.1210 GRADE
The lowest point of elevation of the finished surface of the ground between the exterior wall of a
building and a point 5 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 5
feet distance from the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other
public way, the grade shall be the elevation of the sidewalk, alley or public way. “Finished surface of the
ground” shall not include window wells, stairwells or other similar features, but shall include features
such as usable patio areas.
18.80.1220 GREEN
An open space available for unstructured recreation, with landscaping consisting of maintained grassy
areas, trees and other vegetation.
551
Ordinance # 1761 page 80-15
18.80.1230 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.
18.80.1240 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.
18.80.1250 GROSS ACREAGE
The total area of a parcel including the area of perimeter street rights-of-way to the centerline of the
street.
18.80.1260 GROSS DENSITY
The number of residential dwelling units per unit of land used for residential purposes, with unit of land
being the gross residential acreage..
18.80.1270 GROUNDCOVER
Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity,
installed in such a manner so as to form a continuous cover over the ground.
18.80.1280 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 § 76-1-
601, MCA.
18.80.1290 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) shall be considered a dwelling unit.
18.80.1300 HEALTH AUTHORITIES
The State Department of Environmental Quality, local environmental health specialist or other
authorized representative.
18.80.1310 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 shall include child care, sun
tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and
restaurant services.
18.80.1320 HEIGHT OF LOW PROFILE SIGN
The vertical distance between the finished grade and the highest component of the sign.
18.80.1330 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
552
Ordinance # 1761 page 80-16
location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be
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.
18.80.1340 HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined or vanished, where the location itself possesses significant historic,
cultural or archaeological value. The value of a site shall 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.
18.80.1350 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 title.
18.80.1360 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 e-mail; preparing or maintaining
business records; word and data processing; and telephone, mail order and off-premise sales.
18.80.1370 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 of Montana.
18.80.1380 HOTEL OR MOTEL
A building or a group of buildings in which lodging is provided and offered to transient guests for
compensation; shall not include a boarding house, extended stay lodgings, lodging house or rooming
house.
18.80.1390 HOUSEHOLD
A person living alone, or any of the following groups living together as a single nonprofit housekeeping
unit and sharing common living, sleeping, cooking and eating facilities:
A. Any number of people related by blood, marriage, adoption, guardianship or other duly-
authorized custodial relationship;
B. Not more than four unrelated people, including persons enrolled in an institution of higher
learning;
C. Two unrelated people and any children related to either of them; or
D. Not more than four people who are:
1. Residents of a “Community Residential Facility” as defined in § 76-2-411 et seq., MCA
and this title; or
2. “Handicapped” as defined in the Fair Housing Act, 42 USC §3602 (h). This definition
does not include those persons currently illegally using or addicted to a “controlled
substance” as defined in the Controlled Substances Act, 21 USC § 802 (6).
E. “Household” does not include:
553
Ordinance # 1761 page 80-17
1. Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
2. Any group of individuals whose association is temporary or seasonal in nature; or
3. Any group of individuals who are in a group living arrangement as a result of criminal
offenses.
18.80.1400 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.
18.80.1410 IMMEDIATE FAMILY
A spouse, children by blood or adoption, and parents.
18.80.1420 INCIDENTAL
Any action or use of less importance, or secondary to, any other action or use.
18.80.1430 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, shall be considered incidental.
18.80.1440 INDUSTRY, HEAVY
Those industries whose processing of products results in the emission of any atmospheric pollutant,
light flashes, glare, odor, noise or vibration which may be heard and/or felt off the premises and those
industries which constitute a fire or explosion hazard.
18.80.1450 INDUSTRY, LIGHT
Those industries whose processing of products results in none of the conditions described for heavy
industry.
18.80.1460 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 Entryway Overlay District, B-2 Zoning District and within 1,300 feet of the Interstate
90 right-of-way.
18.80.1470 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.
18.80.1480 LANDMARK
A site, structure or object designated as a “landmark” pursuant to the procedures prescribed in Chapter
18.28, BMC, 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 shall be subject to all neighborhood conservation overlay district
procedures and requirements.
554
Ordinance # 1761 page 80-18
18.80.1490 LANDSCAPE ARCHITECT
A person licensed to practice landscape architecture in the State of Montana.
18.80.1500 LANDSCAPING
At least 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living
plant materials, the remainder of which is covered with nonvegatative decorative landscape design
elements such as washed rock, lava rock, bark chips and ornamental features such as pools, fountains,
benches, etc. For purposes of this title, the term landscaping shall be considered to have the same
meaning as the terms landscape, landscaped and landscaped area.
18.80.1510 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 shall not be included in the calculation. Some
illustrated examples of large scale wireless facilities are shown in the appendix.
18.80.1520 LARGE SHRUB
A shrub which normally reaches a height of 5 feet or more upon maturity, and usually has five or more
canes.
18.80.1530 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.
18.80.1540 LEVEE
A man-made 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.
18.80.1550 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.
18.80.1560 LIGHT CONSTRUCTION
Any change not construed as an alteration or repair, including paving of established driving and parking
areas (subject to the requirements of Chapter 18.46, BMC); construction of patios not greater than 120
square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including
major changes in grading or site surface drainage).
18.80.1570 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.
18.80.1580 LIGHT SOURCE
A single artificial point source of light that emits measurable radiant energy in or near the visible
spectrum.
555
Ordinance # 1761 page 80-19
18.80.1590 LIGHT TRESPASS
Light emitted by a lighting installation that extends beyond the boundaries of the property on which the
installation is sited.
18.80.1600 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.
18.80.1610 LIMITED ACCESS ROADWAY
A street or road especially designed for through traffic, over which abutting land owners have no right
to direct access.
18.80.1620 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.
18.80.1630 LODGING HOUSE
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 boarding house.
18.80.1640 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 title, and having its principal lot
frontage on a street. When one or more lots are held in common ownership they shall be treated a as
single lot for the purposes of development review and evaluation of compliance with the standards of
this title.
18.80.1650 LOT AREA
The total horizontal area within the boundary lines of a lot.
18.80.1660 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. The horizontal distance between the side lot lines measured at the point where the
side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be
considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered
the lot frontage.
D. Lot Area. The total horizontal area within the boundary lines of a lot.
18.80.1670 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.
556
Ordinance # 1761 page 80-20
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 nonintersecting streets on which it fronts.
18.80.1680 LOT LINE, FRONT
In the case of an interior lot, a line separating the lot from the street, in the case of a corner lot, a line
separating the narrowest 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.
18.80.1690 LOT LINE, REAR
A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from
the front lot line.
18.80.1700 LOT LINE, SIDE
Any lot boundary line not a front lot line or a rear lot line.
18.80.1710 LOT LINE, ZERO
A concept utilized to permit a structure or wall of a building to be located on a property line.
18.80.1720 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.
18.80.1730 LOT WITH RESIDENTIAL ADJACENCY
Any of the following:
A. 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 or R-O zoning district;
B. A building site in a nonresidential 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 or R-O zoning district;
C. 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
or R-O zoning district; or
D. An artificial lot in a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-
1, R-2, R-3, R-4 or R-O zoning district.
18.80.1740 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.
18.80.1750 LUMINAIRE
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and
decorative parts; also called the lighting fixture.
18.80.1760 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
557
Ordinance # 1761 page 80-21
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.
18.80.1770 LUX
A unit of light intensity stated in lumens per square meter. There is approximately 10.7 lux per
footcandle.
18.80.1780 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 specifically does not include recreational vehicles. Any dwelling meeting the definition of
modular home is not a manufactured home.
18.80.1790 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.
18.80.1800 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.
18.80.1810 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
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.
18.80.1820 MANUFACTURING
The creation of products either with machinery or by hand according to an organized plan and with the
division of labor.
18.80.1830 MANUFACTURING, LIGHT
Fabrication of and/or assembly of goods from previously prepared materials.
18.80.1840 MEAN SEA LEVEL
The National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations
are references.
18.80.1850 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.
558
Ordinance # 1761 page 80-22
18.80.1860 MICRO-SCALE WIRELESS FACILITY
A wireless facility, less than 10 feet in height from the base to the highest point, including attachments.
When calculating the height of a facility, other structures designed for other uses such as buildings or
water towers shall not be included in the calculation.
18.80.1870 MINING
The extraction of sand, gravel or other material from the land in the amount of four-hundred cubic
yards or more and the removal thereof from the site without processing.
18.80.1880 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.
18.80.1890 MINOR SUBDIVISION
A subdivision that creates five or fewer lots from a tract of record.
18.80.1900 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.
18.80.1910 MOBILE OFFICE
A factory assembled structure or structures exceeding 8 feet in width, originally equipped with the
necessary service connections, and originally made so as to be readily movable as a unit or units on its
(their) own running gear and designed to be used as an office without a permanent foundation, in
compliance with all applicable state regulations, whether or not the running gear has been removed.
18.80.1920 MODEL HOME
A home constructed to display a builder’s for sale or lease units but which does not serve as a dwelling
unit until sold as a residence.
18.80.1930 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 title 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.
18.80.1940 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.
559
Ordinance # 1761 page 80-23
18.80.1950 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.
18.80.1960 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.
18.80.1970 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.
18.80.1980 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 nonresidential uses. For calculating net
residential density, the following formula shall apply:
D = du du
A - (c+i+s+a+d)
Where D = Residential density
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 park lands, conservation easements, or common open spaces (acres)
18.80.1990 NEW CONSTRUCTION
Development commenced on or after the effective date of the ordinance codified in this title.
18.80.2000 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 title. A nonbroadcast telecommunication facility does not
include office use, materials storage or other similar uses.
18.80.2010 NONCANOPY TREE
A large tree which in its native state has at maturity canopy vegetation less than 6 feet above the ground.
18.80.2020 NONCOMMERCIAL 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.
560
Ordinance # 1761 page 80-24
18.80.2030 NONCONFORMING SIGN
A sign that does not conform to the provisions of Chapter 18.52, BMC.
18.80.2040 NONCONFORMING STRUCTURE
Any structure which was legal prior to the effective date of the ordinance codified in this chapter which
fails to comply with the building location standards, and/or size requirements of the applicable zone of
this title in which it is located.
18.80.2050 NONCONFORMING USE
An existing use of land or building which was legal prior to the effective date of the ordinance codified
in this title but which fails to comply with the requirements set forth in this title applicable to the zone
in which such use is located.
18.80.2060 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.
18.80.2070 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.
18.80.2080 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.
18.80.2090 OFF-PREMISE 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.
18.80.2100 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.
18.80.2110 OFFICIAL FLOODPLAIN MAPS
The Flood Insurance Rate Maps and Flood Boundary/Floodway Maps provided by FEMA for the City
dated July 15, 1988 and incorporating any approved updates or revisions.
18.80.2120 ONE-HUNDRED YEAR FLOOD
A flood having a one percent chance of being equalled or exceeded in any given year. A 100-year flood
has nearly a 23 percent chance of occurring in a 25-year period. A 100-year flood is the same as a base
flood.
18.80.2130 OPEN SALES (OR RENTAL) LOT
Any land used or occupied for the purpose of buying, selling or renting for use away from the premises,
any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental.
561
Ordinance # 1761 page 80-25
18.80.2140 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.
18.80.2150 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 §18.36.090, BMC.
18.80.2160 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.
18.80.2170 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.
18.80.2180 PARAPET
That part of the wall which extends above the roof. For the purposes of this title relating to signage, the
top of the parapet shall be considered to be the roofline.
18.80.2185 PARK
For the purposes of this title only, park means an open space, as defined in this title, under the
ownership or other legal control of the City of Bozeman which provides area for active and passive
recreational purposes.
18.80.2190 PARKING AREA
An area, other than a street or alley designated for use, or used, for temporary parking of vehicles.
18.80.2200 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.
18.80.2210 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.
18.80.2220 PATHWAY
A facility that accommodates the recreational and/or transportation needs of pedestrians and bicyclists,
including sidewalks, bike lanes, boulevard trails and trails.
18.80.2230 PAVED PARKING SPACE OR SURFACE
An area covered by an impervious dust free surface of asphalt or concrete designed to specifications of
the City Engineer.
562
Ordinance # 1761 page 80-26
18.80.2240 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.
18.80.2250 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.
18.80.2260 PERMITTED USE
A use which is lawfully established in a particular district or districts and which conforms with all
requirements, regulations and performance standards of such district. A permitted use may be a
principal use, an accessory use or a conditional use.
18.80.2270 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.
18.80.2280 PERSONAL PROPERTY
Property, other than real property, consisting of things temporal and movable.
18.80.2290 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.
18.80.2300 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 and having open space and community facilities in a common
ownership or use, and/or public parkland.
18.80.2310 PLANNING BOARD
The Bozeman Planning Board.
18.80.2320 PLANNING DEPARTMENT
The Bozeman Department of Planning and Community Development.
18.80.2330 PLANNING DIRECTOR
The Director of the Bozeman Department of Planning and Community Development and the person
charged with the administration of this title unless otherwise specifically noted in this title.
18.80.2340 PLAT
A graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alleys, and other divisions and dedications.
18.80.2350 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.
563
Ordinance # 1761 page 80-27
18.80.2360 POLE SIGN
A freestanding sign which is supported by a column(s) or other structural member(s) that is permanently
attached to the ground or a ground-mounted structure and provides a minimum of 8 feet of visible,
vertical clearance between the bottom of the sign and finished grade.
18.80.2370 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.
18.80.2380 PRESERVATION BOARD
The Bozeman Historic Preservation Advisory Board.
18.80.2390 PRIMARY ACCESS
The major access to a subdivision. The major access generally carries the most traffic as determined by
the traffic engineering study.
18.80.2400 PRINCIPAL USE
A use or structure which determines the predominant or major use of the lot on which it is located. The
principal use shall be that use which establishes the character of the property relative to surrounding or
adjacent properties.
18.80.2410 PRIVATE STREET
A right-of-way usable by the public but maintained by a property owners association.
18.80.2420 PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 6 inches
beyond the surface of such building or wall and is perpendicular to such building or wall.
18.80.2430 PROPER ACCESS
Either an improved public street or road, maintained by the City of Bozeman, Gallatin County or the
State of Montana; or a street or road built to the standards provided in these regulations.
18.80.2440 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.
18.80.2450 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.
18.80.2460 PUBLIC BUILDING
A building, supported by government funds, to be used in an official capacity on behalf of the entire
community.
564
Ordinance # 1761 page 80-28
18.80.2470 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.
18.80.2480 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.
18.80.2490 PUBLIC STREET OR ROAD
A street or road for which the right-of-way has been dedicated to the public.
18.80.2500 REAL PROPERTY
Property consisting of buildings and/or land.
18.80.2510 REAR YARD
A yard extending across the full width of the lot between the two side lot lines the depth of which is the
distance required by this title between the rear property line and the rear building line.
18.80.2520 RECREATIONAL VEHICLE
A vehicular type portable structure without permanent foundation, which is built on a single chassis;
which is designed to be self-propelled or permanently towable by a light duty truck; primarily designed
as temporary living accommodation for recreational, camping and travel use and including but not
limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than 8 feet
in width and 50 feet in length.
18.80.2530 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.
18.80.2540 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.
18.80.2550 RELOCATION
Any movement of a structure, on the same site or to another site.
18.80.2560 REPAIR
Any change not otherwise construed as light construction or an alteration, as herein defined, 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 shall
be included under this definition of repair.
18.80.2570 REQUIRED FRONT BUILDING LINE
The line nearest to the front and across a lot establishing the minimum open space to be provided
between the front line of a building and the front lot line. See also definition of “setback line”.
18.80.2580 REQUIRED REAR BUILDING LINE
The line nearest to the rear and across a lot establishing the minimum open space to be provided
between the rear line of a building and the rear lot line. See also definition of “setback line”.
565
Ordinance # 1761 page 80-29
18.80.2590 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 definition of “setback line”.
18.80.2600 REQUIRED YARD
The minimum dimension of a front, side or rear yard as established by the use regulations for each
district.
18.80.2610 RESTAURANT
Any restaurant (except a drive-in restaurant or a convenience food restaurant as defined in this chapter),
coffee shop, cafeteria, short-order café, luncheonette, sandwich stand, drugstore and soda fountain
serving food.
18.80.2620 RETAIL
The rental or sale of tangible personal property for any purpose other than for resale.
18.80.2630 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.
18.80.2640 REVOLVING SIGN
Any sign which all, or a portion of, may rotate either on an intermittent or constant basis.
18.80.2650 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.
18.80.2660 RIDGELINE PROTECTION AREA
A ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
A. Located in an area above 4,900 feet in elevation above mean sea level; and
B. When the elevation of a line parallel to the ridgeline loses either:
1. At least 10 feet in vertical elevation on both sides of the ridgeline within 100 feet; or
2. At least 30 feet in vertical elevation on both sides of the ridgeline within 300 feet.
3. 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.
18.80.2670 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,
stormsewer line or other similar uses.
18.80.2680 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.
566
Ordinance # 1761 page 80-30
18.80.2690 ROOF SIGN
Any sign erected and constructed on and over the roof of a building, supported by the roof structure,
and extending vertically above any portion of the roof. Roof signs shall not include signs located on a
mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this
chapter, architecturally integrated mansard signs and other architecturally integrated signs located below
the principal roof line shall be classified as wall signs.
18.80.2700 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.
18.80.2710 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).
18.80.2720 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.
18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD
A yard on a corner lot the area of which is bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side street right-of-way line (side lot line),
then along the side lot line to a point intersecting the rear lot line, then along the rear lot line to a point
intersecting the line formed by extending the wall of the nearest principal building paralleling the side lot
line.
18.80.2740 SETBACK
The distance from the property line to the nearest part of the applicable building, structure or sign,
measured perpendicularly to the property line.
18.80.2750 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 title.
18.80.2760 SEWER, PUBLIC
Any sanitary sewer line owned and maintained by the City, whether or not installed by the City.
18.80.2770 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.
567
Ordinance # 1761 page 80-31
18.80.2780 SHOPPING MALL
A multi-tenant retail structure where tenants are located on both sides of a covered walkway with direct
pedestrian access to all establishments from the walkway.
18.80.2790 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.
18.80.2800 SIDE YARD
A yard 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.
18.80.2810 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 title.
18.80.2820 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 shall not be included in the calculation. This definition
excludes those facilities meeting the definition of micro-scale wireless facility. Some illustrated examples
of locations for possible small scale wireless facilities are shown in the appendix.
18.80.2830 SMALL TREE
A tree of a species which normally reaches a height of less than 25 feet upon maturity.
18.80.2840 SOIL
A medium in which plants will grow.
18.80.2850 SPECIAL EVENT SIGN
A temporary sign which advertises special civic events and activities such as street fairs, community
festivals, parades, farmers markets and charity benefits.
18.80.2860 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.
18.80.2870 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.
18.80.2880 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 shall not exceed 6,000 square feet in
area.
568
Ordinance # 1761 page 80-32
18.80.2890 START OF CONSTRUCTION
The commencement of clearing, grading, filling or excavating to prepare a site for construction.
18.80.2900 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.
18.80.2910 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.
18.80.2920 STREET FRONTAGE
Any property line separating a lot from a street other than an alley; the front lot line.
18.80.2930 STREET, PUBLIC
Any street which has been dedicated to or is otherwise publicly owned. Any street not a public street
shall be deemed a private street.
18.80.2940 STREET TYPES
For the purposes of these regulations, street types are defined as follows:
A. Alley. A street used primarily for vehicular access to the rear of properties which abut and are
served by public or private streets.
B. 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 Bozeman transportation plan,
however, streets not depicted in the Bozeman transportation plan may be designated as arterials
by the City Engineer.
1. 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.
2. 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.
C. 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
569
Ordinance # 1761 page 80-33
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 Bozeman transportation plan, however,
additional streets may be designated as collectors by the City Engineer.
D. Cul-de-sac. A street having only one outlet for vehicular traffic and terminating in a turnaround
area.
E. Dead-End Street. A street having only one outlet for vehicular traffic.
F. 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.
G. 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.
H. 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.
18.80.2950 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.
18.80.2960 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.
18.80.2970 SUBDIVIDER
Any person, firm, corporation or other entity who causes land to be subdivided or who proposes a
subdivision of land.
18.80.2980 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 or possession of the parcels may be sold, rented, leased or
otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or
area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles
or manufactured homes. A subdivision shall comprise only those parcels less than 160 acres that cannot
be described as a one-quarter aliquot part of a United States government section when the parcels have
been segregated from the original tract, and the plat thereof shall show all such parcels whether
contiguous or not.
18.80.2990 SUBDIVISION OR DEVELOPMENT CONSTRUCTION YARD
A temporary office and/or vehicular and material storage yard.
18.80.3000 SUBSTANTIAL DAMAGE
Damage sustained by a structure where the cost of restoring the structure to its condition before damage
would equal or exceed 50 percent of the market value of the structure before the damage occurred as
determined by Gallatin County’s last equalized assessment roll.
570
Ordinance # 1761 page 80-34
18.80.3010 SUBSTANTIAL IMPROVEMENT
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:
A. Before the improvement or repair is started; or
B. 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 does not include:
1. 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 assure safe living
conditions, or
2. Any alteration of a structure listed on the National Register of Historic Places or State
Inventory of Historic Places.
18.80.3020 SUITABLE FILL
Fill material which is stable, compacted, well-graded, pervious, generally unaffected by water and frost,
devoid of trash or similar foreign matter, devoid of tree stumps or other organic material and is fitting
for the purpose of supporting the intended use and/or permanent structure.
18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR)
A person licensed in conformance with the Montana Professional Engineers, Registration Act (§37-67-
101 through §37-67-332, MCA) to practice surveying in the State of Montana.
18.80.3040 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.
18.80.3050 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.
18.80.3060 TRANSIT STOP
Improvements and facilities at selected points along transit routes for passenger pickup, drop off 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.
18.80.3070 TOWNHOUSE
A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or
more dwelling units, each located on its own lot. A townhouse does not share common floors/ceilings
with other dwelling units.
18.80.3080 TOWNHOUSE CLUSTER
A building consisting of three or more noncommunicating, attached one-household units placed side by
side and/or back to back, with no unit located over another, and having a common wall between each
two adjacent dwelling units.
571
Ordinance # 1761 page 80-35
18.80.3090 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.
18.80.3100 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.
18.80.3110 USE
The employment or occupation of a building, structure or land for a person’s service, benefit or
enjoyment.
18.80.3115 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.
18.80.3120 VARIANCE
A modification or variation of the provisions of this title as applied to a specific piece of property.
18.80.3130 VIOLATION
The failure of a structure, subdivision, use of land or other development to be fully compliant with this
title.
18.80.3140 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 6 inches beyond the wall.
18.80.3150 WAREHOUSE
An enclosed building designed and used primarily for the storage of goods and materials.
18.80.3160 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 shall be that area lying between the two outermost high water marks, as defined in this title.
The term watercourse shall not be construed to 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.
18.80.3170 WETLAND
Areas that are inundated or saturated by surface 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, including swamps, marshes, bogs and similar areas. The provisions
contained in these regulations do not apply to wetlands created by a wholly man-made water source
used for irrigation purposes or stormwater control.
572
Ordinance # 1761 page 80-36
Those areas that are inundated or saturated by surface or ground water 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.
A. Vegetation: A prevalence of hydrophytic vegetation. Hydrophytic species, due to
morphological, physiological, and/or reproductive adaptation(s), have the ability to
grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions.
B. 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.
C. 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.
18.80.3180 WHOLESALE
The sale of goods and merchandise for resale instead of for direct consumption.
18.80.3190 WILDLIFE
Animals that are neither human, domesticated, nor feral descendants of commonly domesticated
animals.
18.80.3200 WILDLIFE HABITAT
The place or type of habitat where wildlife naturally lives.
18.80.3210 WINDOW SIGN
Any sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from
the exterior of the building.
18.80.3220 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.
18.80.3230 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.
18.80.3240 YARD
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, driveways, lamp posts and
similar structures, and unobstructed by structures, except as otherwise provided in this title.
18.80.3250 ZONING COMMISSION
The Bozeman Zoning Commission.
573
Ordinance # 1761 page 80-37
18.80.3260 ZONING MAP
A map or maps with all notations, dimensions, references and symbols shown thereon depicting
individual zoned districts in accordance with this title.
574
575
576
577
579
580