HomeMy WebLinkAboutOld BMC, Title 18 Zoning ZONING
Title 18
ZONING'
Chapters:
18.03 General Provisions
18.06 Definitions
18.09 Administration-Enforcement
18.12 Districts Established
18.15 Application of Regulations
18.18 A-S Agriculture Suburban District
18.21 R-S Residential-Suburban Country Estates District
18.24 R-1 Residential-Single-Family-Low Density District
18.27 R-2 Residential-Single-Family-Medium Density District
18.30 R-3 Residential-Medium Density District
18.33 R-4 Residential-Medium Density Apartments District
18.36 R-5 Residential-High Density District
18.39 R-O Residential-Office District
18.42 B-1 Neighborhood Business District
18.45 B-2 Community Highway Business District
18.48 B-3 Central Business District
18.51 M-1 Commercial-Light Manufacturing District
18.54 M-2 Manufacturing and Industrial District
18.57 TR Technology Research District
18.60 PLI Public Lands and Institutions District
18.63 T Transitional District
18.66 Flood Hazard District
18.67 Mobile Home District
18.69 Supplementary Regulations
18.72 Conditional Use
18.75 Planned Unit Development
18.76 Townhouse Development Standards
18.78 Mobile Home Parks
18.81 Travel Trailer Parks
18.84 Off-Street Parking and Loading
18.90 Nonconforming Lots, Uses and Structures
18.93 Board of Adjustment
18.96 Amendments and Changes
18.99 Violations-Penalties
1.Statutory provisions,see R.C.M.Chapter 11-27.
395 (Bozeman 12-15-79)
No Text
ZONING
Title 18
ZONING'
Chapters:
18.03 General Provisions
18.06 Definitions
18.09 Administration-Enforcement
18.12 Districts Established
18.15 Application of Regulations
18.18 A-S Agriculture Suburban District
18.21 R-S Residential-Suburban Country Estates District
18.24 R-I Residential-Single-Famil
18.27 R-2 Residential-Single-Family-Low Density District
18.30 R-3 Residential-Medium Density District ensity District
18.33 R-4 Residential-Medium Density Apartments District
18.36 R-5 Residential-High Density District
18.39 R-O Residential-Office District
18.42 B-1 Neighborhood Business District
18,45 B-2 Community Highway Business District
18.48 B-3 Central Business District
18.51 M-1 Commercial-Light Manufacturing District
18.54 M-2 Manufacturing and Industrial District
18.57 TR Technology Research District
18.60 PLI Public Lands and Institutions District
18.63 T Transitional District
18.66 Flood Hazard District
18.67 Mobile Home District
18.69 Supplementary Regulations
18.72 Conditional Use
18.75 Planned Unit Development
18.76 Townhouse Development Standards
18.78 Mobile Home Parks
18.81 Travel Trailer Parks
18.84 Off-Street Parking
18.87 Off-Street Loading
18.90 Nonconforming Lots, Uses and Structures
18.93 Board of Adjustment
18.96 Amendments and Changes
18.99 Violations-Penalties
1.Statutory provisions,see R.C.M.Chapter 11-27.
395
(Bozeman 11-15-78)
No Text
GENERAL PROVISIONS 18.03.010-18.03.020
Chapter 18.03
GENERAL PROVISIONS
Sections:
18.03.010 Title.
18.03.020 Minimum requirements.
18.03.010 Title. This title shall be known and cited as the "zoning
ordinance of the city of Bozeman" and referred to as the zoning title of the
Bozeman Municipal Code. (Ord. 935 § 1, 1973).
18.03.020 Minimum requirements. In their interpretation and
application the provisions of this title shall be held to be minimum
requirements adopted for the promotion of the health, safety, morals, and
general welfare of the community. Wherever the requirements of this title
are at variance with the requirements of any other lawfully adopted rules or
regulations, the most restrictive, or that imposing the higher standards, shall
govern. (Ord. 935 § 32, 1973).
Chapter 18.06
DEFINITIONS
Sections:
18.06.010 Generally—Interpretation.
18.06.020 Accessory use or building.
18-06.030 Agriculture.
18.06.040 Apartments.
18.06.050 Automobile wrecking.
18.06.060 Boarding (lodging or rooming)house.
18.06.070 Building.
18.06.080 Building height.
18.06.090 Building official.
18.06.100 Building perimeter.
18.06.110 Church.
18.06.120 Clinic.
18.06.130 Clubs (fraternal lodges).
18.06.140 Conditional use.
18.06.150 Density.
18.06.160 Dwelling.
18.06.170 Dwelling, multi-family.
18.06.180 Dwelling, one-family.
18.06.190 Dwelling unit.
18.06.200 Family.
18.06.210 Floor area.
18.06.220 Fraternity (sorority)house.
397 (Bozeman 11-15-76)
ZONING
18.06.230 Garage, automotive repair.
18.06.240 Gasoline service station.
18.06.250 Home occupation.
18.06.260 Hospital.
18.06.270 Hotel.
18.06.280 Junkyard.
18.06.290 Landscaping.
18.06.300 Loading berth, off-street.
18.06.310 Lot.
18.06.320 Lot, corner.
18.06.330 Lot coverage.
18.06.340 Lot lines.
18.06.350 Lot width.
18.06.360 Master plan.
18.06.370 Mobile home.
18.06.380 Mobile home park.
18.06.390 Motel.
18.06.400 Nursing home.
18.06.410 Parking lot.
18.06.420 Parking space, off-street.
18.06.430 Planned unit development.
18.06.440 Professional (business) offices.
18.06.450 Restaurant.
18.06.460 Retail sales.
18.06.470 Rooming house.
18.06.480 Rooming unit.
18.06.490 Screened.
18.06.500 Setback.
18.06.510 Shopping center.
18.06.520 Sign.
18.06.530 Sorority.
18.06.540 Structural alteration.
18.06.550 Structure.
18.06.560 Travel trailer.
18.06.570 Travel trailer park.
18.06.580 Unit, efficiency.
18.06.590 Unit, rooming.
18.06.600 Use.
18.06.610 Use, conditional.
18.06.620 Variance.
18.06.630 Wholesale establishment.
18.06.640 Yard, front.
18.06.650 Yard, rear.
18.06.660 Yard, side.
18.06.661 Yard, street, side.
18.06.670 Zero lot line.
(Bozeman 11-15-76) 398
DEFINITIONS 18-06.010-18-06.080
0 18-06.010 Generally — Interpretation. For the purpose of this title,
certain terms and words are defined as follows: Words used in the present
tense also include the future; words or phrases used in the singular also
include the plural, and words used in the plural also include the singular;
"building" includes structure and "structure" includes building; "used" or
"occupied" includes within their meaning "intended, arranged, or designed
to be used or occupied." "Person" includes corporation, partnership, or
other legal entity. Where other definitions are necessary and are not defined
herein, the city commission may define such terms. (Ord. 935 § 2, 1973).
18.06.020 Accessory use or building. "Accessory use or building"means
the use of land or a subordinate building or a portion of a main building such
use being secondary to or incidental to the principal use or structure. (Ord.
935 § 2.1, 1973).
18-06.030 Agriculture. "Agriculture" means the tilling of soil, the
raising of crops, horticulture and gardening, dairying or animal husbandry
including all uses customarily incidental thereto, but not including any
agriculture industry or business such as fruit packing animal hospitals, commercial feed lots or similar use. (Ord p935t§ 2 2, 1973).
18-06.040 Apartments. "Apartments" means a building or portion
thereof designed with more than four individual dwelling units. (Ord. 935 §
2.3, 1973).
18-06.050 Automobile wrecking. "Automobile wrecking" means the
dismantling or wrecking of used motor vehicles or trailers or the storage, sale
or dumping of dismantled, or partially dismantled, obsolete or wrecked
vehicles or other parts. (Ord. 935 § 2.4, 1973).
18-06.060 Boarding (lodging or rooming) house. "Boarding (lodging or
rooming) house" means a building, or portion thereof, other than a hotel,
rest home, or home for the aged where lodging and/or meals exclusive of the
operator's immediate family are provided for compensation. (Ord. 935 § 2.5,
1973).
18-06.070 Building. "Building" means any structure built for support,
shelter, or enclosure of persons, animals, chattels, or property of any kind.
(Ord. 935 § 2.6, 1973).
18-06.080 Building height. "Building height" means the vertical distance
from the average elevation of the proposed finished grade at the front of a
building to the highest point of a flat roof, the deck line of a mansard roof,
and the mean height between eaves and ridge for gable, hip, and gambrel
roofs. (Ord. 935 § 2.7, 1973).
399
(Bozeman 11-15-73)
18.06.090-18.06.190 ZONING
18.06.090 Building official. "Building official" means that official
designated by the city manager as the official responsible for accepting,
is
reviewing and approving or rejecting plans for buildings and applications for
building land use permits and for interpretations and enforcement of
ordinances related thereto. (Ord. 935 § 2.8, 1973).
18.06.100 Building perimeter. "Building perimeter" means the
foundation walls of a building and/or supports for appendages thereto. (Ord.
935 § 2.9, 1973).
18.06.110 Church. "Church" means a building designed for public
worship by any religious body. (Ord. 935 § 2.10, 1973).
18.06.120 Clinic. "Clinic" means a place used for the care, diagnosis,
and treatment of sick, ailing, infirmed, or injured persons and those who are
in need of medical or surgical attention, but who are not provided with
board or room or kept overnight on the premises. (Ord. 935 § 2.1 1, 1973).
18.06.130 Clubs (fraternal lodges). "Clubs (fraternal lodges)" means
buildings and facilities owned and operated by a coporation, association,
person or persons for a social, educational or recreational purpose, but not
primarily for profit or to render a service which is customarily carried on as a
business. (Ord. 935 § 2.12, 1973).
18.06.140 Conditional use. For "conditional use," see the definition of
"use, conditional," Section 18.06.610. (Ord. 935 § 2.13, 1973).
18.06.150 Density. "Density" means the total number of dwelling units
allowed per gross acre. (Ord. 935 § 2.14, 1973).
18.06.160 Dwelling. "Dwelling" means a building or portion thereof
designed with living quarters for occupancy by one or more families. (Ord.
935 § 2.15, 1973).
18.06.170 Dwelling, multi-family. "Multi-family dwelling" means a
building designed with two to four dwelling units. (Ord. 935 § 2.17, 1973).
18.06.180 Dwelling, one-family. "One-family dwelling" means a
building designed with accommodations for and occupied by one family
only. (Ord. 935 § 2.16, 1973).
18.06.190 Dwelling unit. "Dwelling unit" means a building or portion
thereof providing separate cooking, eating, sleeping and living facilities for
one family and its resident domestic employees. (Ord. 935 § 2.18, 1973).
(Bozeman 11-15-73) 400
DEFINITIONS 18.06.200-18.06.270
18.06.200 Family. "Family" means any individual, or two or more
persons related by blood or marriage, or a group of not more than four
persons (excluding servants) who need not be related by blood or marriage,
living together as a single nonprofit housekeeping unit. (Ord. 935 § 2.19,
1973).
18.06.210 Floor area. "Floor area" means the total number of square
feet of floor space within the exterior walls of a building (except for one
finished room in the basement (not to exceed two hundred square feet).
Floor areas of basements shall not apply as part of the required minimum
floor area of buildings). (Ord. 935 § 2.20, 1973).
18.06.220 Fraternity (sorority) house. "Fraternity (sorority) house"
means a dwelling occupied and maintained exclusively by members affiliated
with an academic or professional college or university or other recognized
institution of higher learning. (Ord. 935 § 2.21, 1973).
18.06.230 Garage, automotive repair. "Automotive repair garage
means any building or premises used for major repairs of motor vehicles but
not including auto wrecking or storage of wrecked cars. Repair activity shall
be conducted in enclosed places or screened from public view. (Ord. 935 §
2.22, 1973).
18.06.240 Gasoline service station. "Gasoline service station"means any
building or portion thereof and the land upon which it is situated used for
supplying fuel and/or oil for motor vehicles at retail direct to the consumer
and/or making minor vehicle repairs. (Ord. 935 § 2.23, 1973).
18.06.250 Home occupation. "Home occupation" means the use of a
portion of a dwelling as an office, studio, or workroom for occupations at
home by one or more persons residing in the dwelling unit. No home
occupation shall occupy more than twenty percent of the gross floor area
nor more than four hundred square feet of gross floor area. The activity
must be clearly incidental to the use of the dwelling for dwelling purposes
and shall not change the character or appearance thereof. (Ord. 935 § 2.24,
1973).
18.06.260 Hospital. "Hospital" means an institution providing health
services, primarily for in-patients and medical or surgical care of the sick or
injured, including out-patient departments, training facilities, central service
facilities and staff offices. (Ord. 935 § 2.25, 1973).
18.06.270 Hotel. "Hotel" means a building containing six or more
rooms designed for and rented out for sleeping purposes for transients and
where only a general kitchen and dining room are provided in the building or
in an accessory building. (Ord. 935 § 2.26, 1973).
401 (Bozeman 11-15-76)
18.06.280-18.06.370 ZONING
18.06.280 Junkyard. "Junkyard" means primary or accessory use of a
parcel of land for the storage, dismantling or selling of cast-off or salvage
material of any sort in any other than the original form in which it was
manufactured and/or assembled, thus, not including reconditioned
secondhand furniture, fixtures, or antiques sold from within a walled
building. (Ord. 935 § 2.27, 1973).
18.06.290 Landscaping. "Landscaping" means the placement of
ornamental fixtures such as fountains, ornamental walls, fences, benches,
along with vegetative plantings of trees, shrubs, grass, flowers, etc. This
definition also includes the designing of the placement of such materials.
(Ord. 935 § 2.28, 1973).
18.06.300 Loading berth, off-street. "Off-street loading berth" means
an off-street space or berth on the same lot with a principal building for the
parking of a commercial vehicle while loading or unloading merchandise and
which has direct access from a public street or alley. (Ord. 935 § 2.29,
1973).
18.06.310 Lot. "Lot" means a parcel or plot of land shown as an
individual unit of ownership on the most recent plat or other record of
subdivision. (Ord. 935 § 2.30, 1973).
18.06.320 Lot, corner. "Corner lot" means a lot situated at the junction
of and abutting on two or more streets. (Ord. 935 § 2.31, 1973).
18.06.330 Lot coverage. "Lot coverage" means the total area of a lot
covered by the principal and accessory buildings. (Ord. 935 § 2.32, 1973).
18.06.340 Lot lines. "Lot lines" means the lines bounding a lot as
defined in Section 18.06.310. For purposes of establishing yard spaces all
right-of-way lines for streets and roads shall be considered the lot lines of
abutting property. Minimum street and road widths shall comply with the
Bozeman area master plan. In no case, however, shall any future street or
road right-of-way be
less
1976nOsixty
feet§ unless
33, within an approved
subdivision. (Ord 965 §
means the
ng a line
18.el to
Lot
on frontage the thereof and lying a distance width qual to the required
parallel to the g
front yard setback on such lot. (Ord. 935 § 2.34, 1973).
18.06.360 Master plan. "Master plan" includes any document or portion
commission which is
of any e growth and development of the uly adopted by the area. (Ord. 935 § 2.35, 1973)ed to
guide the gro
18.06.370 Mobile home. "Mobile home" means a transportable
(Bozeman 11-15-76) 402
DEFINITIONS 18.06.380-18-06.450
structure built on a chassis and designated to be used without a permanent
foundation as a dwelling unit when connected to sanitary facilities. The
phrase "without permanent foundation"indicates that the support system is
constructed with the intent that the mobile home placed thereon will be
moved from time to time at the convenience of the owner. (Ord. 935 § 2.36,
1973).
18.06.380 Mobile home park. "Mobile home park" means a parcel of
land that has been planned and improved for the placement of mobile homes
for residential use. (Ord. 935 § 2.37, 1973).
18.06.390 Motel. For the definition of "motel," see "hotel," Section
18.06.270. (Ord. 935 § 2.38, 1973).
18.06.400 Nursing home. "Nursing home" means a building or portion
thereof used for the housing of and caring for the ambulatory, aged, or
infirm, by a professional staff. (Ord. 935 § 2.39, 1973).
18.06.410 Parking lot. "Parking lot" means a structure or an area, other
than a public street or alley, designed or used for the temporary parking of
motor vehicles and available for public use whether free, for compensation,
or an accommodation for customers or clients. (Ord. 935 § 2.40, 1973).
18.06.420 Parking space, off-street. "Off-street parking space" means a
space located off any public right-of-way which is at least nine feet by
twenty feet in size for parking of any motor vehicle, with room to get out of
either side of the vehicle, with adequate maneuvering space, and with access
to public streets or alleys. (Ord. 935 § 2.41, 1973).
18.06.430 Planned unit development (P.U.D.). "Planned unit
development, P.U.D." means a land development project consisting of
residential, commercial, industrial and office uses, or any combination
thereof, which comprises a planned mixture of land uses built in a
prearranged relationship to each other and which provides for the
development of usable and desirable open space, central sewer and water
facilities, and community facilities, while providing for the preservation of
significant historical and natural features of the land. (Ord. 979 § 1, 1976:
Ord. 935 § 2.42, 1973).
18.06.440 Professional (business) offices. "Professional (business)
offices" means offices to be occupied by accountants, architects, dentists,
doctors, engineers, lawyers, insurance agents, real estate agents, or other
professions which are of a similar nature. (Ord. 935 § 2.43, 1973).
18.06.450 Restaurant. "Restaurant" means a public eating house which
does not provide curbside or automobile service. (Ord. 935 § 2.44, 1973).
403 (Bozeman 11-15-76)
18.06.460-18.06.570 ZONING
18.06.460 Retail sales. "Retail sales" means an establishment selling
goods, wares, or merchandise directly to the ultimate consumer. (Ord. 935
2.45, 1973).
18.06.470 Roominghouse. For the definition of "roominghouse," see
"boardinghouse," Section 18.06.060. (Ord. 935 § 2.46, 1973).
18.06.480 Rooming unit. For the definition of "rooming unit," see
"unit, rooming," Section 18.06.590. (Ord. 935 § 2.47, 1973).
18.06.490 Screened. "Screened" means concealed or cut off from direct
visual contact. (Ord. 935 § 2.48, 1973).
18.06.500 Setback. "Setback" means the horizontal distance required
between any structure and a lot line. This distance is to be measured at right
angles to the property line. (Ord. 935 § 2.49, 1973).
18.06.510 Shopping center. "Shopping center" means one or more
buildings containing at least three separate retail businesses planned,
developed and managed as a unit, with off-street parking provided on the
property. (Ord. 935 § 2.50, 1973).
18.06.520 Sign. "Sign" means any face of any lettered or pictorial
device and/or structure designed to inform or attract attention. (Ord. 935
2.51, 1973).
18.06.530 Sorority. For the definition of "sorority," see "fraternity
(sorority)house," Section 18.06.220. (Ord. 935 § 2.52, 1973).
18.06.540 Structural alteration. "Structural alteration" means any
change in the shape or size of any portion of a building or of the supporting
members of the building or structure such as walls, columns, beams, arches,
girders, floor joist, or roof rafters. (Ord. 935 § 2.54, 1973).
18.06.550 Structure. "Structure" means that which is built or
constructed, an edifice or building of any kind or any piece of work
artificially built up or composed of parts joined together in some definite
manner. (Ord. 935 § 2.53, 1973).
18.06.560 Travel trailer. "Travel trailer" means a vehicular portable
structure designed as a temporary dwelling for travel, recreation, and
vacation uses which is not more than eight feet in body width nor thirty-two
feet in body length. (Ord. 935 § 2.55, 1973).
18.06.570 Travel trailer park. "Travel trailer park" means any area or
tract of land rented or held out for rent to one or more persons or users for
(Bozeman 11-15-76) 404
DEFINITIONS 18.06.580-18.06.650
18 parking or placement of temporary recreational or vacation housing. (Ord.
935 § 2.56, 1973).
18.06.580 Unit, efficiency. An "efficiency unit" is an apartment unit
with unseparated area for sleeping and/or cooking with a floor area of at
least four hundred fifty square feet. (Ord. 974 § 1, 1976: Ord. 935 § 2.57,
1973).
18-06.590 Unit, rooming. A "rooming unit" is a space for human
occupancy lacking private bath and/or kitchen facilities with a floor area of
at least four hundred fifty square feet. (Ord. 935 § 2.58, 1973).
18.06.600 Use. "Use" means any purpose for which a building or other
structure or tract of land may be designed, arranged, intended, maintained,
or occupied; or any activity, occupation, business, or operation carried on or
intended to be carried on in a building or other structure or on a tract of
land. (Ord. 935 § 2.59, 1973).
18.06.610 Use, conditional. "Conditional use" means a use, other than a
permitted use, that may be allowed in a specific district but requiring
additional safeguards to maintain and assure the health, safety, morals, and
general welfare of the community and to maintain the character of the
district. (Ord. 935 § 2.60, 1973).
18.06.620 Variance. "Variance" means the relaxation of the strict
application of the terms of this title with respect to mechanical requirements
such as setback requirements, yard requirements, area requirements, building
height, parking and loading space requirements, etc., where specific physical
conditions unique to the site of the lot would create an unreasonable burden
by making its development for permitted uses difficult or impossible. (Ord.
935 § 2.61, 1973).
18.06.630 Wholesale establishment. "Wholesale establishment" means
an establishment for the sale of goods and merchandise for resale instead of
direct consumption. (Ord. 935 § 2.62, 1973).
18.06.640 Yard, front. "Front yard" means an open space extending
the full width of the lot between a building and the front lot line,
perpendicular to and measured from the front lot line. (Ord. 974 § 2, 1976:
Ord. 935 § 2.63, 1973).
18.06.650 Yard, rear. "Rear yard" means an open space between a
building and a rear lot line, extending the full width of the lot, perpendicular
to and measured from the rear lot line, except for any portion thereof,
which overlaps a street side yard. (Ord. 974 § 3, 1976: Ord. 935 § 2.64,
1973).
405 (Bozeman 11-15-77)
18.06.660-18.09.020 ZONING
18.06.660 Yard, side. "Side yard" means an open space extending from
ot
the front eyard asuredtfrom the side ween a buildin anline• (Ord. 974 §14,11976 perpendicular
Ord. 935
to and m
2.65, 1973).
18.06.661 Yard, street, side. "Street side yard" means an open space
extending from the front yard to the rear lot line between a building and the
nearest side street lot line, perpendicular to and measured from the side
street lot line. (Ord. 974 § 5, 1976).
18.06.670 Zero lot line. "Zero lot line" means the relaxation of the
strict application of side yard requirements where two adjoining lot owners
agree to the side yard reduction. (Two single-family dwellings may be
constructed on the lot line with a common wall.) (Ord. 935 § 2.66, 1973).
Chapter 18.09
ADMINISTRATION — ENFORCEMENT
Sections:
18.09.010 Building official authority.
18.09.020 Permits.
18.09.030 Conformance.
18.09.040 Expiration of permits.
18.09.050 Permits issued contrary to title.
18.09.060 Duties of building official.
18.09.070 Schedule of fees, charges and expenses.
18.09.010 Building official authority. The building official as designated
by the city manager shall administer and enforce this title. He may be
provided with the assistance of such other persons as the city manager may
direct and those assistants shall have essentially the same responsibilities as
directed by the building official.
If the building official finds that any of the provisions of this title are
being violated, he 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 shall order discontinuance of illegal use of land,
buildings, or structures; removal of illegal buildings or structures or of illegal
additions, alterations, or structural changes; discontinuance of any illegal
work being done; or shall take any other action authorized by this title to
insure compliance with or prevent violation of its provisions. (Ord. 935
30.1, 1973).
18.09.020 Permits. 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 section.
(Bozeman 11-1 s-77)
406
ADMINISTRATION - ENFORCEMENT 18.09.030--18.09.040
Building Permit. Within the limits of the city of Bozeman and its
extraterritorial zoning limits, building permits shall be obtained by following
the Uniform Building Code (International Conference of Building Officials,
5360 South Workman Mill Road, Whittier, California, most recent edition,
Chapter 3.
EXCEPTION: For purposes of this section, all structures used for
agricultural purposes shall not be required to obtain a building
However, all such structures shall be reviewed by the building official, as
their compliance to all other requirements of the Bozeman area zoning code,
such as lot area, lot coverage, yard spaces, etc.
The building permit shall be obtained by application to the city
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; and the location and dimensions
of the proposed buildings or alternatives.
The application shall include such other information as lawfully may be
required and by the building official, including existing or proposed building
and land; the number of families, housing units, or rental units the building
is designated to accommodate; conditions existing on the lot; and such other
matters as may be necessary to determine conformance with, and provide for
the enforcement of this title.
One copy of the plans shall be returned to the applicant by the building
official after he shall have marked each copy either as approved or
disapproved and attested to same by his signature. The second cop
marked shall be retained by the building official. (Ord. 987 § 1, 1977 similarly
935 § 30.2, 1973).
18.09.030 Conformance. No permit 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
authorize only the 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 Chapter 18.,99.
Conditional use permits approved by the city commission and variances
granted by the board of adjustment shall be deemed in conformance with
the terms of this title. However, building permits shall be issued only in
accordance with the terms set forth in the conditional use permit and
variance sections of this title. (Ord. 987 § 2, 1977: Ord. 935 § 30.3, 1973).
18.09.040 Expiration of hermits. 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 sixty days from the date of such permit, 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 one hundred twenty
407 (Bozeman 11-15-77)
18.09.050-18.09.070 ZONING
days. Before such work can be recommenced, a new permit shall first be
obtained to do so, and the fee therefor, shall be one-half the amount
provided, no changes have been
required for a new permit for such work; p
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. (Ord. 935 § 30.4, 1973).
18.09.050 Permits issued contrary to title. Any building permit, or any
authorization 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 aony
proceedings or a revocation or nullification thereof, and any or other
undertaken or use established pursuant to any such building permit
authorization is unlawful. (Ord. 935 § 30.5, 1973).
18.09.060 Duties of building official. It is the intent of his title
perm is the for
building official shall check all plans and applications
forcompliance with this title both before and during construction.
If during this procedure 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 the title or obtains a variance, conditional use permit, or zone change as
set forth herein. (Ord. 935 § 30.6, 1973).
18.09.070 Schedule of fees, charges and expenses. The city commission
shall establish a schedule of fees, charges, and expenses and a collection
procedure for building permits, appeals, and other matters pertaining to this
title. The schedule of fees listed below shall be posted in the office of the
building official and may be altered or amended only by the city
commission.
No permit, zone change, conditional use, or variance shall be issued
unless or until such costs, charges, fees, or expenses listed below have been
paid in full, nor shall any action be taken on proceedings before the zoning
commission, city commission, or the board of adjustment, unless or until
preliminary charges and fees have been paid in full.
Fees
Zone change or code amendment $75.00
Variance (a) Standard 50.00
(b) Single-family 35.00
Conditional Uses 50.00
(a) Standard
(b) Transitional zone only 35.00
(c) Planned unit
development 50.00 or $2.00 per unit, whichever
is greater
(F3uzeman 11-15-77)
408
DISTRICTS ESTABLISHED 18.12.010
(d) Mobile home parks $50.00 plus $1.00 per lot
(e) Travel trailer parks 50.00 plus $1.00 per lot
Building Permits: as set forth by the Uniform Building Code adopted by
the city commission. (Ord. 990 § 1, 1977: Ord. 935 § 30.7, 1973).
Chapter 18.12
DISTRICTS ESTABLISHED
Sections:
18.12.010 Official zoning map.
18-12.020 Certificate.
18-12.030 Replacement of official zoning maps.
18.12.040 Interpretation of boundaries.
18-12.050 Interpretation of uses.
18.12.010 Official zoning map. The city and its extraterritorial limits
surrounding the city are hereby divided into zones, or districts, as shown on
the official zoning maps which, together with all explanatory matter
thereon, are hereby adopted by reference and declared to be a part of this
title.
For the purpose of this title, the city of Bozeman is hereby divided and
408-1 (Bozeman 11-15-77)
•
•
�J
J
DISTRICTS ESTABLISHED 18.12.020-18.12.030
classified into the following use districts:
A-S—Agriculture suburban district
R-S—Residential suburban district
R-1—Residential—Single-family, low density district
R-2—Residential—Single-family, medium density district
R-3—Residential—Medium density district
R-4—Residential—Medium density apartments district
R-5—Residential—High density district
R-O—Residential—Office district
B-1—Neighborhood business district
B-2—Community highway business district
B-3—Central business district
M-I--Commercial, light manufacturing district
M-2—Manufacturing and industrial district
TR—Technology research district
PLI—Public lands and institutions district
T— Transitional district
FD—Flood hazard district.
(Ord. 935 § 3.1, 1973).
18.12.020 Certificate. The official maps shall be available in the office
of the city building official and shall bear certificate with the signature of
the mayor attested by the clerk of the commission and the date of adoption
of the ordinance codified herein.
The certificate should read as follows: "This is to certify that this is an
Official Zoning Map referred to in Section 3 of Ordinance Number 935 of
the City of Bozeman, Montana.
Mayor . . . . . . .
Attested . . .
Date of Adoption August 22, 1973"
If any changes to the map are made b of this title in
accordance with Chapter 18.96, such changes sh llendment be made to the official
zoning maps and signed, dated and certified upon the map or upon the
material attached thereto.
Regardless of the existence of purported copies of the official zoning
maps which may from time to time be made or published, the official zoning
maps kept in the city offices by the city building official shall be the final
authority as to the current zoning status of land and water areas, buildings,
and other structures in the city. (Ord. 935 § 3.2, 1973).
18.12.030 Replacement of official zoning maps. In the event that the
official zoning maps become damaged, destroyed, lost, or difficult to
interpret because of the nature or number of changes and additions thereto,
the city commission may adopt and certify new official zoning maps which
shall supersede the prior official zoning maps. The new,official zoning maps
may correct drafting or other errors or omissions in the prior map, but no
409
(Bozeman 11-15-73)
18.12.040-18.12.050 ZONING
such corrections shall have the effect
thereof famending the original official zoning
is
maps or any subsequent amend
The new official zoning maps shall be identified by signature of the
mayor attested by the clerk of the commission. The certificate should read
as follows: supersedes
"This is to certify that this Official Zoning Map 'su p
and replaces the Official Zoning Map adopted August 22, 1973, as
part of Ordinance Number 935 of the City of Bozeman, Montana.
Mayor . . . . . . . . . . . .
Attested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Date of Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Ord. 935 § 3.3, 1973).
18.12.040 Interpretation of boundaries. Where uncertainty exists a ast o
n on the official
the boundaries boundaries shall be interpreted preted as fstricts as ollowing owing the nearest logical line o that
boundarle
shown;where:(1) Boundaries indicated as approximately following the centerline of
streets, highways, or alleys shall be construed to follow such centerlines;
lines
(2) Boundaries indicated as approximately following platted lot
shall be construed as following such lot li es;
following city limits shall be
in
(3) Boundaries indicated as app
construed as following such city limits;
(4) Boundaries indicated as following railroad lines shall be construed
to be midway between the main track(s);
(5) Boundaries indicated as following the centerline of streams, rivers,
canals, or ditches shall be construed to follow such centerlines;
atures
(6) Boundaries indicated map Steal be determined by the tensions �caleeof the
o or ex
indicated on the official g
map;
(7) Where physical or culture features existing on the
g whe e other
are at
variance with those shown on arise overhe aldistrict g boundaries the city
circumstances or controversy
commission shall interpret the district boundary. Ord. 935 § 3.4, 1973).
18.12.050 Interpretation of uses. If questions arise concerning the
appropriate classification of a particular use, or if the specific use is not
listed, the city commission shall determine the appropriate classification for
that use. In interpreting use classification, the city commission shall
determine:
(1) That the use and its operation are compatible with the uses
permitted ha t e located;
he el use is sitrict milar to one or moreerein the use is sed to uses r
(2) That
uses permitted in the district
wherein it is proposed to be located;
(3) That the use will not cause substantial injury to values of property
in the neighborhood or district wherein it is proposed to be located;
(Bozeman 11-15-73)
410
APPLICATION OF REGULATIONS 18.15-010-18.15.040
(4) That neither the intent of the ordinance nor the intent of the
district will be abrogated by such classification. (Ord. 935 § 3.5, 1973).
Chapter 18.15
APPLICATION OF REGULATIONS
Sections:
18.15.010 Application generally.
18.15.020 Compliance of building, structure or land.
18.15.030 Erection or alteration prohibitions.
18.15.040 Yard, open space, off-street parking or loading space—
Inclusion in requirements for other building.
18.15.050 Yard or lot compliance.
18.15.060 Annexation.
18.15.010 Application generally. Except as herein provided in Chapters
18.69, 18.72, 18.90 and 18.93 with respect to supplementary regulations,
conditional uses, nonconforming uses and nonconforming buildings, and
variances the regulations set by this title shall be minimum regulations and
all regulations as categorized shall apply uniformly to each class or kind of
structure or land and particularly the regulations which follow in this
chapter. (Ord. 935 §4 (part), 1973).
18.15.020 Compliance of building, structure or land. No building,
structure or land shall hereafter be used or occupied, and no building,
structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless it is in conformity with
all of the regulations herein specified for the district in which it is located.
(Ord. 935 § 4.1, 1973).
18.15.030 Erection or alteration prohibitions. No building or other
structure shall hereafter be erected or altered: (1) To exceed the height or
bulk; (2) To accommodate or house a greater number of families; (3) To
occupy a greater percentage of lot area; (4) To have narrower or smaller rear
yards, front yards, side yards, or other open spaces. (Ord. 935 §4.2, 1973).
18.15.040 Yard, open space, off-street parking or loading space —
Inclusion in requirements for other building. 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
Chapter 18.84. (Ord. 935 §4.3, 1973).
410-1 (Bozeman 11-15-73)
18.15.050-18.18.020 ZONING
18.15.050 Yard or lot compliance. No yard or lot existing at the time of
adoption of the ordinance codified herein shall be reduced in dimension or
area below the minimum requirements set forth herein. Yards or lots created
after the effective date of this ordinance shall meet at least the minimum
requirements established by this title. (Ord. 935 § 4.4, 1973).
18.15.060 Annexation. All territory which may hereafter be annexed to
the city or the city's extraterritorial limits shall be considered to be in a
similar or nearest classification district as designated by any county zoning
ordinance. However, the city commission shall determine the appropriate
zoning for any and all areas to be annexed to the city or to be annexed to
the city's extraterritorial limits but shall request a recommendation from the
city zoning commission and shall take into consideration the area master
plan.
When such zoning of annexed territory is to be effective at the time of
such annexation, the zoning commission shall have held its public hearing in
order that the city commission may determine the proper zoning by an
amendment to be effective upon the effective date of such annexation. (Ord.
935 §4.5, 1973).
Chapter 18.18
A-S AGRICULTURE SUBURBAN DISTRICT
Sections:
18.18.010 Intent.
18.18.020 Permitted uses.
18.18.030 Lot area and width.
18.18.040 Lot coverage.
18.18.050 Yards.
18.18.060 Building height.
18.18.070 Off-street parking.
18.18.080 Animal enclosures—Setbacks.
18-18.010 Intent. The intent of the A-S — Agriculture suburban district
is to discourage small tract development in areas of agriculture importance
and in areas of environmental concern. It is intended that through the use of
this district, agriculture pursuits will be encouraged and environmental
concerns, such as high water table and flood plains, will be protected. (Ord.
935 § 5.1, 1973).
18.18.020 Permitted uses. Permitted uses in the A-S district are as
follows:
(1) Accessory uses and buildings including single- or multi-family
dwellings to house employees working on the farm or ranch;
(2) Agriculture uses;
(Bozeman 11-15-73) 410-2
R-S DISTRICT 18-18.030-18.18.080
(3) Churches;
(4) Conditional uses as provided in Chapter 18.72;
(5) Fire stations;
(6) Home occupations;
(7) One-family dwellings;
(8) The sale, on the premises, of products produced thereon;
(9) Veterinary clinics. (Ord. 966 § 1, 1976: Ord. 935 § 5.2, 1973).
18.18.030 Lot area and width. Minimum lot area in the A-S district shall
be ten acres with a lot width not less than three hundred thirty feet. (Ord.
935 § 5.3, 1973).
18-18.040 Lot coverage. No more than ten percent of the lot area shall
be covered by the principal and accessory buildings. (Ord. 935 § 5.4, 1973).
18.18.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . .
" " . . . . . . . . . . . . . . . . . . . . . .' 35 feet;
Rear yard . . . . . . . .
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 feet;
(Ord. 935 § 5.5, 1973).
" " " " . . . . . . • • • • • • . . . . 25 feet each side.
18.18.060 Building height. Maximum building height for buildings
designed and constructed for human occupancy shall be twenty-four feet.
All other structures may exceed this height. (Ord. 935 § 5.6, 1973).
18.18.070 Off-street parking. Two off-street parking spaces shall be
provided for each dwelling unit. (Ord. 935 § 5.7, 1973).
18.18.080 Animal enclosures — Setbacks. Except for pastures, any
stable, barn, hutch, pen, shed or other such structure built to enclose or
house animals or fowl shall be not less than fifty feet from any structure
used for human occupancy. (Ord. 935 § 5.8, 1973).
Chapter 18.21
R-S RESIDENTIAL — SUBURBAN
COUNTRY ESTATES DISTRICT
Sections:
18.21.010 Intent.
18.21.020 Permitted uses.
18.21.030 Lot area and width.
18.21.040 Lot coverage and floor area.
18.21.050 Yards.
18.21.060 Building height.
18.21.070 Off-street parking.
410-3 (Bozeman 11-15-76)
18.21.010-18.21.060 ZONING
18.21,010 Intent. The intent of the R-S residential — suburban country
estates district is to provide for reasonable single-family development in areas
with severe physical limitation and where central water and sewer systems
are not available. (Ord. 935 § 6.1, 1973).
18.21.020 Permitted uses. Permitted uses in the R-S district are as
follows:
(1) Accessory uses;
(2) Agriculture uses;
(3) Barns and animal shelters;
(4) Churches;
(5) Conditional uses approved in Chapter 18.72;
(6) Fire stations;
(7) Home occupations;
(8) Newly constructed one-family dwellings;
(9) Temporary buildings for and during construction, only;
(10) The keeping of animals and fowl for family food production and
the keeping of horses for private use, together with their dependent young as
set forth in this section per two and one-half acres:
One horse, or one cow, or two sheep, or two goats, or ten rabbits, or
thirty-six fowl (chickens, pheasants, pigeons, etc.), or six larger fowl(ducks,
geese, turkeys, etc.). (Ord. 966 § 2, 1976: Ord. 935 § 6.2, 1973).
18.21.030 Lot area and width. Lot area for the R-S district shall be
determined by existing soil conditions and groundwater, and other
limitations for urban development. Under no circumstances shall the lot area
be less than one acre with a lot width not less than one hundred fifty feet.
Minimum lot areas for each residential suburban district shall be
he isict
indicated by merical value inimum, R-S 112ww ll
indicate one acre indicate two acres minimum. (Ord•
935 § 6.3, 1973).
18.21.040 Lot coverage and floor area. Not more than fifteen percent of
the lot area shall shall
haveuaied bym nimum ofno ea thousand accessory buildings.
dwelling unitt
square et of floor
area. (Ord. 935 § 6.4, 1973).
18.21.050 Yards. (a) Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 feet;
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet each side.
(b) All pens, coops, barns, stables, or permanent corrals shall be set
back not less than one hundred feet from iany
y(residence
935 § 6 Sublic road and
not less than fifty feet from any property
18.21.060 Building height. Maximum building height in the R-S district
shall be twenty-four feet. (Ord. 935 § 6.6, 1973).
(Bozeman 11-15-76)
410-4
R-1 DISTRICT 18.21.070-18.24.040
18.21.070 Off-street parking. Two off-street parking spaces shall be
provided for each dwelling unit. Off-street parking for nonresidential uses
shall be provided as specified in Chapter 18.84. (Ord. 935 § 6.7, 1973).
Chapter 18.24
R-1 RESIDENTIAL — SINGLE-FAMILY —
LOW DENSITY DISTRICT
Sections:
18.24.010 Intent.
18.24.020 Permitted uses.
18.24.030 Lot area and width.
18.24.040 Lot coverage and floor area.
18.24.050 Yards.
18.24.060 Building height.
18.24.070 Off-street parking.
18.24.080 Off-street loading.
18.24.010 Intent. The intent of the R-1 residential single-family low
density district is to provide for newly constructed, low density,
single-family residential development, to conform to the system of services
available, to the slope of the land or other limiting factors, and to provide
for such community facilities and services as will serve the area's residents
while protecting the residential character and quality of the area. (Ord. 935
§ 7.1, 1973).
18.24.020 Permitted uses. Permitted uses for the R-1 district are as
follows:
(1) Accessory uses;
(2) Churches;
(3) Conditional uses provided in Chapter 18.72 and subject to the
conditions and requirements prescribed;
(4) Fire stations;
(5) Home occupations;
(6) Newly constructed one-family dwellings;
(7) Temporary buildings for and during construction, only. (Ord. 966
§ 3, 1976: Ord. 935 § 7.2, 1973).
18.24.030 Lot area and width. Lot area for any use in the R-1 district
shall be not less than ten thousand square feet, and no lot width shall be less
than eighty feet. (Ord. 935 § 7.3, 1973).
18.24.040 Lot coverage and floor area. Not more than twenty-five
percent of the lot area shall be occupied by the principal and accessory
buildings. Each dwelling unit shall have a minimum of one thousand two
hundred fifty square feet of floor area. (Ord. 935 § 7.4, 1973).
410-5 (Bozeman 11-15-76)
18.24.050-18.27.030 ZONING
18.24.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet;
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 feet each side.
(Ord. 935 § 7.5, 1973).
18.24.060 Building height. Maximum building height in the R-1 district
shall be twenty-four feet. (Ord. 935 § 7.6, 1973).
18.24.070 Off-street parking. Two off-street parking spaces shall be
provided for each dwelling unit. Off-street parking for nonresidential uses
shall be provided as specified in Chapter 18.84. (Ord. 935 § 7.7, 1973).
18.24.080 Off-street loading. One off-street loading berth, as specified
in Chapter 18.87 shall be required for each nonresidential building of over
ten thousand square feet of floor area. (Ord. 935 § 7.8, 1973).
Chapter 18.27
R-2 RESIDENTIAL — SINGLE-FAMILY
MEDIUM DENSITY DISTRICT
Sections:
18.27.010 Intent.
18.27.020 Permitted uses.
18.27.030 Lot area and width.
18.27.040 Lot coverage and floor area.
18.27.050 Yards.
18.27.060 Building height.
18.27.070 Off-street parking.
18.27.080 Off-street loading.
18.27.010 Intent. The intent of the R-2 residential single-family —
medium density district is to provide for newly constructed single-family
residential development of a density normal to that previously developed in
areas that present few or no development problems, and for neighborhood
facilities to serve such development while preserving the residential quality
and nature of the area. (Ord. 935 § 8.1, 1973).
18.27.020 Permitted uses. Permitted uses in this district shall be only
those uses permitted in an R-1 district. (Ord. 966 § 4, 1976: Ord. 935 § 8.2,
1973).
18.27.030 Lot area and width. Lot area for any use in the R-2 district
shall be not less than seven thousand five hundred square feet and no lot
width shall be less than seventy feet. (Ord. 935 § 8.3, 1973).
(Bozeman 11-15-76)
410-6
R-3 DISTRICT 18.27.040-18.30.020
18.27.040 Lot coverage and floor area. No more than thirty percent of
the lot area shall be occupied by the principal and accessory buildings. Each
dwelling shall have a minimum of one thousand square feet of floor area.
(Ord. 935 § 8.4, 1973).
18.27.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . .
Rear yard " 25 feet;
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet;
(Ord. 935 § 8.5 1973). 8 feet each side.
18.27.060 Building height. Maximum building height in the R-2 district
shall be twenty-four feet. (Ord. 935 § 8.6, 1973).
18.27.070 Off-street parking. Off-street parking requirements for the
R-2 district shall be the same as for the R-1 district. (Ord. 935 � 8.7, 1973).
18.27.080 Off-street loading. Off-street loading requirements for the
R-2 district shall be the same as for the R-1 district. (Ord. 935 § 8.8, 1973).
Chapter 18.30
R-3 RESIDENTIAL — MEDIUM DENSITY DISTRICT
Sections:
18.30.010 Intent.
18.30.020 Permitted uses.
18.30.030 Lot area and width.
18.30.040 Lot coverage and floor area.
18.30.050 Yards.
18.30.060 Building height.
18.30.070 Off-street parking.
18.30.080 Off-street loading.
18.30.010 Intent. The intent of the R-3 residential — medium density
district is to provide for the development of one to four family residential
structures and service facilities. It should provide for changing patterns of
residential areas where facilities can be provided to serve the residents and
for a. variety of housing types to serve the'varied needs of families of
different size, age, and character, while reducing the adverse effects of
nonresidential uses. (Ord. 935 § 9.1, 1973).
18.30.020 Permitted uses. Permitted uses in the R-3 district are as
follows:
(I) Accessory uses;
(2) Churches;
410-7
(Bozeman 11-15-77)
18.30-030-18.30.080 ZONING
(3) Conditional uses as provided in Chapter 18.72;
(4) Efficiency units (maximum four units per lot);
(5) Fire stations;
(6) Home occupations;
(7) Multi-family dwellings;
(8) Roominghouses and boardinghouses (maximum of three rooming
units plus family quarters);
(9) Temporary buildings for and during construction, only;
(10) Uses permitted in the R-1 and R-2 districts. (Ord. 991 § 1, 1977:
Ord. 935 § 9.2, 1973).
inimum
t area for two to four
lily units
Lot area and e three thousand square feet perodwelling unit with a lot
family units shall b
width of at least sixty feet.
(b) Minimum lot area for other S(Ord.shall
93be§9 3thousand square feet
with a minimum lot width of sixty feet
18.30.040 Lot coverage and floor area. Not more than forty percent of
the lot shall be occupied by the principal and accessory buildings. Each
dwelling unit shall have a minimum of seven hundred fifty square feet of
floor area, efficiency units excepted. (Ord. 976 § 1, 1976: Ord. 935 § 9.4,
1973).
18.30.050 Yards. Every lot shall have the following minimum yards feet;
Front yard . . . . . . . . . 20 feet;
Rear yard . . • • • •
. . . . . . . . . . . .
feet each side.
. . . 8
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Ord. 935 § 9.5, 1973).
18.30.060 Building height. Maximum building height shall be thirty-two
feet. (Ord. 935 § 9.6, 1973).
18.30.070 off-street
parking.
inOChapter p8r84n(O da1935 § 9 71 provided
1973)
accordance with the requirements
18.30.080 Off-street loading. Off-street loading shall be provided in
accordance with the requirements of Chapter 18.87. (Ord. 935 § 9.8, 1973).
Chapter 18.33
R-4 RESIDENTIAL — MEDIUM DENSITY
APARTMENTS DISTRICT
Sections:
18.3 3.010 Intent.
18.33.020 Permitted uses.
(Bozeman 11-15-77)
410-8
R-4 DISTRICT 18.33.010-18.33.020
18.33.030 Lot area and width.
18.33.040 Lot coverage and floor area.
0 18.33.050 Yards.
18.33.060 Building height.
18.33.070 Off-street parking.
18.33.080 Off-street loading.
18.33.010 Intent. The intent of the R-4 residential — medium density
apartments district is to provide for the development of medium density
apartments. The district should provide a variety of housing types to serve
the varied housing needs of area residents and be distinguished from the R-5
and R-O zones by height and use control. (Ord. 935 § 10.1, 1973).
18.33.020 Permitted uses. Permitted uses in the R-4 district are as
follows:
(1) Apartments;
(2) Clinics, hospitals and nursing homes;
(3) Efficiency units;
(4) Uses permitted in the R-1, R-2 and R-3 districts. (Ord. 935 § 10.2,
1973).
410-8a (Bozeman 11-15-77)
No Text
R-5 DISTRICT 18.33.030-18.33.080
18.33.030 Lot area and width. (1) Lot area for single-family dwellings
shall be not less than five thousand square feet with a minimum lot width of
fifty feet.
(2) Lot area for two to four family dwellings shall be not less than
three thousand square feet per unit with a minimum lot width of fifty feet.
(3) Lot area for other buildings shall be not less than five thousand
square feet plus two thousand three hundred square feet for each additional
unit over one with a minimum lot width of fifty feet.
(4) Lot area for efficiency units and rooming units shall be not less
than one thousand eight hundred square feet per unit with a minimum lot
area of five thousand square feet and a minimum lot width of fify feet. (Ord.
992 § 1, 1977: Ord. 976 § 2, 1976: Ord. 935 § 10.3, 1973).
18.33.040 Lot coverage and floor area. Not more than forty percent of
the lot area shall be occupied by the principal and accessory buildings. Each
dwelling unit shall have a minimum of seven hundred fifty square feet of
floor area in its living quarters, efficiency unit excepted. (Ord. 976 § 3,
1976: Ord. 935 § 10.4, 1973).
18.33.050 Yards. Every lot shall have the following yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .;0feet;
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 feet each side.
(Ord. 935 § 10.5, 1973).
18-33.060 Building height. Maximum building height shall be thirty-two
feet. (Ord. 935 § 10.6, 1973).
18.33.070 Off-street parking. Off-street parking shall be provided in
accordance with the requirements in Chapter 18.84. (Ord. 935 § 10.7,
1973).
18.33.080 Off-street loading. Off-street loading shall be provided in
accordance with the requirements in Chapter 18.87. (Ord. 935 § 10.8,
1973).
Chapter 18.36
R-5 RESIDENTIAL — HIGH DENSITY DISTRICT
Sections:
18.36.010 Intent.
18.36.020 Permitted uses.
18.36.030 Lot area and width.
18.36.040 Lot coverage and floor area.
0 18.36.050 Yards.
410-9 (Bozeman 11-15-77)
18.36.010-18.36.040 ZONING
18.36.060 Off-street parking.
18.36.070 Off-street loading.
18.36.010 Intent. The intent of the R-5 residential — high density
district is to provide for high density residential apartment development with
associated service functions. This will provide for a variety of compatible
housing types to serve the varying needs of the community's residents. (Ord.
935 § 11.1, 1973).
18.36.020 Permitted uses. The uses permitted in the R-5 district are the
uses permitted in the R-2, R-3, and R-4 districts. (Ord. 966 § 5, 1976: Ord.
935 § 11.2, 1973).
18.36.030 Lot area and width. (a) Lot area for single-family dwellings
shall not be less than five thousand square feet with a minimum lot width of
fifty feet.
(b) Lot area for two to four family dwellings shall not be less than five
thousand square feet plus one thousand six hundred square feet for each
additional unit over one with a minimum lot width of fifty feet.
(c) Lot area for apartment buildings up to two stories shall not be less
than five thousand square feet plus seven hundred ninety square feet for
each additional dwelling unit over one. Minimum lot width shall be fifty
feet.
(d) Lot area for apartment buildings three or more stories shall not be
less than five thousand square feet plus six hundred square feet for each
additional dwelling unit over one. Minimum lot width shall be fifty feet.
(Ord. 976 § 4, 1976: Ord. 935 § 11.3, 1973).
18.36.040 Lot coverage and floor area. Not more than forty percent of
the lot shall be occupied by the principal and accessory buildings. Each
dwelling unit shall have a minimum of six hundred square feet of floor area
in its living quarters, efficiency unit excepted. (Ord. 976 § 5, 1976: Ord. 935
§ 11.4, 1973).
(Bozeman 11-15-77) 41 0-1 0
R-O DISTRICT 18.36.050-18.39.020
18.36.050 Yards. Every lot shall have the following minimum yards:
Front yard 25 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet;
Side yards . . . . . . . . . . . . . . 8 feet each side.
. . . . . . . . . . . . . . . . . . . . .
(Ord. 935 § 11.5, 1973).
18.36.060 Off-street parking. Off-street parking shall be
provided in
accordance with the requirements in Chapter 18.84. (Ord. 935 § 11.6,
1973).
18.36.070 Off-street loading. Off-street loading shall be provided in
accordance with the requirements of Chapter 18.87. (Ord. 935 § 11.7,
1973).
Chapter 18.39
R-O RESIDENTIAL — OFFICE DISTRICT
Sections:
18.39.010 Intent.
18.39.020 Permitted uses.
18.39.030 Lot area and width.
18.39.040 Lot coverage and floor area.
18.39.050 Yards.
18.39.060 Building height.
18.39.070 Off-street parking.
18.39.080 Off-street loading.
18.39.010 Intent. The intent of the R-O residential district is to provide
for and encourage the development of professional offices, business
headquarters, and compatible multi-family and apartment developments that
would blend well with adjacent land uses. (Ord. 967 § 1 (part), 1976: Ord.
935 § 12.1, 1973).
18.39.020 Permitted uses. Permitted uses are as follows:
(1) Accessory uses;
(2) Apartments and multi-family dwellings;
(3) Churches;
(4) Conditional uses as listed in Chapter 18.72;
(5) Efficiency units;
(6) Fire stations;
(7) Medical clinics;
(8) Professional and business offices;
(9) Signs (limited to facade and directionai signs which do not flash or
reflect light directly onto adjacent properties);
(10) Temporary buildings for and during construction only. (Ord. 967
§ 1 (part), 1976: Ord. 935 § 12.2, 1973).
410-1 1 (Bozeman 1 t-15-76)
18.39.030-18.39.080 ZONING
18.39.030 Lot area and width. Lot area and width for uses in the R-O
district shall not be less than the most restrictive requirements of the
is
adjacent zone(s). (Ord. 967 § 1 (part), 1976: Ord. 935 § 12.3, 1973).
18.39.040 Lot coverage and floor area. (a) Lot coverage shall not be
more than forty percent for residential uses nor more than sixty percent for
any other uses.
(b) Floor area shall not be less than 750 square feet, efficiency unit
excepted. (Ord. 967 § 1 (part), 1976: Ord. 935 § 12.4, 1973).
18.39.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet;*
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 feet each side.*
*When a lot is adjacent or faces upon another zone, the yards shall meet the
requirements of the adjoining zone. When a lot abuts a street or alley on
either side, a yard of at least twenty feet shall be provided on the street or
alley side.
(Ord. 967 § 1 (part), 1976: Ord. 935 § 12.5, 1973).
18.39.060 Building height. Maximum building height for the R-O
district shall be thirty-two feet. (Ord. 967 § 1 (part), 1976: Ord. 935 § 12.6,
1973).
18.39.070 Off-street parking. Off-street parking shall be provided in
accordance with Chapter 18.84. (Ord. 967 § 1 (part), 1976: Ord. 935
12.7, 1973).
18.39.080 Off-street loading. Off-street loading shall
be Ord.provided
9351n
accordance with Chapter 18.87. (Ord. 967 § 1 (part),
12.8, 1973).
Chapter 18.42
B-1 NEIGHBORHOOD BUSINESS DISTRICT
Sections:
18.42.010 Intent.
18.42.020 Permitted uses.
18.42.030 Lot area and width.
18.42.040 Lot coverage.
18.42.050 Yards.
18.42.060 Building height.
18.42.070 Off-street parking.
18.42.080 Off-street loading.
(Bozeman 11-15-76) 410-12
B-1 DISTRICT 18.42.010-18.42.070
18.42.010 Intent. The intent of the B-1 neighborhood business district
is to provide for small retail and service activities frequently required by
neighborhood residents on a day-to-day basis, while still maintaining a
residential character.
Activities shall be limited to those which are:
(1) Completely enclosed within a building;
(2) Not larger than five thousand square feet in gross floor area. (Ord.
935 § 13.1, 1973).
18.42.020 Permitted uses. Permitted uses in the B-1 district are as
fellows:
(1) Accessory uses;
(2) Churches;
(3) Conditional uses as provided in Chapter 18.72;
(4) Drycleaning and laundry establishments (processing not to be done
on premises);
(5) Fire stations;
(6) Food stores, such as grocery stores, bakeries, etc.;
(7) Restaurants (exclusive of drive-ins);
(8) Self-service, automatic laundries;
(9) Signs (only one facade sign per business, plus one directory sign per
district);
(10) Temporary buildings for and during construction, only;
0 1) Variety stores. (Ord. 966 § b, 1976: Ord. 935 § 13.2, 1973).
18.42.030 Lot area and width. Lot area for the B-1 district shall be
adequate to provide for required yards and off-street parking, but in no case
less than five thousand square feet and fifty feet in width. (Ord. 935 § 13.3,
1973).
18.42.040 Lot coverage. The entire lot, exclusive of required yards and
parking, may be occupied by the principal and accessory buildings. (Ord.
935 § 13.4, 1973).
18.42.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet;
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8feet.
(Ord. 935 § 13.5, 1973).
18.42.060 Building height. Maximum building height in the B-1 district
shall be thirty-two feet except when adjacent to an R-S, R-1, or R-2 district
wherein the height shall not exceed twenty-four feet. (Ord. 935 § 13.6,
1973).
18.42.070 Off-street parking. Off-street parking shall be provided in
accordance with Chapter 18.84. (Ord. 935 § 13.7, 1973).
410-13 (Bozeman 11-15-78)
18.42.080-18.45.020 'ZONING
18.42.080 Off-street loading. Off-street loading shall be provided in
accordance with Chapter 18.87. (Ord. 935 § 13.8, 1973).
Chapter 18.45
B-2 COMMUNITY HIGHWAY BUSINESS DISTRICT
Sections:
18.45.010 Intent.
18.45.020 Permitted uses.
18.45.030 Lot area and width.
18.45.040 Lot coverage.
18.45.050 Yards.
18.45.060 Building height.
18.45.070 Off-street parking.
18.45.080 Off-street loading.
18.45.010 Intent. The intent of the B-2 community highway business
district is to provide for a broad range of retail and service functions,
especially those needing orientation to major thoroughfares. (Ord. 935 §
14.1, 1973).
18.45.020 Permitted uses. Permitted uses in the B-2 district are as
follows:
(1) Ambulance service;
(2) Antique shops;
(3) Art and music supply stores;
(4) Barbershops and beauty shops;
(5) Bars, taverns and cocktail lounges;
(6) Bowling alleys;
(7) Car washes;
(8) Churches;
(9) Conditional uses provided in Chapter 18.72;
(10) Equipment sales and service;
(11) Financial institutions;
(12) Fire stations;
(13) Food and drugstores;
(14) Frozen food storage and locker rental;
(15) Furniture stores;
(16) Gasoline service stations;
(17) Hotels and motels;
(18) Laundries and drycleaning establishments;
(19) Liquor stores;
(20) Mortuaries;
(21) Post offices;
(22) Professional and business offices;
(Bozeman 11-15-78) 410-14
B-3 DISTRICT 18.45.030-18.45.080
(23) Research and development institutions;
(24) Restaurants, cafes and drive-in eating establishments;
(25) Shopping centers;
(26) Signs;
(27) Sporting goods stores-
(28) Temporary buildings, for and during construction only;
(29) Theaters, except drive-in theaters;
(30) Uses customarily accessory to those listed;
(31) Vehicle and boat sales, showrooms, and service areas;
(32) Veterinary clinics. (Ord. 1003 § 1, 1978: Ord. 975 § 1, 1976:
Ord. 966 § 7, 1976: Ord. 935 § 14.2, 1973).
18.45.030 Lot area and width. Lot area for the B-2 district shall not be
less than seven thousand five hundred square feet and no lot width shall be
less than seventy-five feet. (Ord. 935 § 14.3, 1973).
18.45.040 Lot coverage. The entire lot exclusive of required yards and
parking may be occupied by the principal and accessory buildings. (Ord. 935
§ 14.4, 1973).
18.45.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . 25 feet;
Rear yard . . . . . . . . . . . . . 10 feet;
Side yards . . . . . . . . . . . 8 feet each side.
(Ord. 935 § 14.5, 1973).
18.45.060 Building height. Maximum building height in the B-2 district
shall be thirty-two feet. (Ord. 935 § 14.6, 1973).
18.45.070 Off-street parking. Off-street parking shall be provided in
accordance with Chapter 18.84. (Ord. 935 § 14.7, 1973).
18.45.080 Off-street loading. Off-street loading shall be provided in
accordance with Chapter 18.87. (Ord. 935 § 14.8, 1973).
Chapter 18.48
B-3 CENTRAL BUSINESS DISTRICT
Sections:
18.48.010 Intent.
18.48.020 Permitted uses.
18.48.030 Lot area and width.
18.48.040 Coverage.
18.48.050 Yards.
18.48.060 Off-street parking.
18.48.070 Off-street loading.
410-15 (Bozeman 12-15-79)
18.48.010-18.48.020 ZONING
18.48.010 Intent. 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. (Ord. 935 § 15.1, 1973).
18.48.020 Permitted uses. Permitted uses in the B-3 district are as
follows:
(1) Ambulance service;
(2) Bakeries;
(3) Barber and beauty shops;
(4) Bars, cocktail lounges;
(5) Churches;
(6) Conditional uses as provided in Chapter 18.72;
(7) Dressmaking;
(8) Financial institutions;
(9) Fire stations;
(10) Hotels and motels;
(11) Laundry and drycleaning;
(12) Meeting and lodge halls;
(13) Muffler sales and service shops;
(14) Museums, libraries and galleries;
(15) Parking lots;
(16) Printing offices;
(17) Private schools, such as dance, business, secretarial and technical,
but not private or public elementary or secondary schools;
(18) Professional and business offices (for personal services);
(19) Public offices;
(20) Repair services for clothes, dolls, small appliances, watches,
glasses, and such other items;
(21) Restaurants and cafes;
(22) Retail sales such as:
(A) Clothing,
(B) Candy,
(C) Furniture,
(D) Jewelry,
but excluding heavy machinery;
(23) Signs;
(24) Temporary buildings for and during construction, only;
(25) Theaters, except drive-ins;
(26) Uses customarily accessory to those listed;
(27) Upholstery shops (excluding on-site upholstery service for cars,
boats, trailers, trucks and other motorized vehicles requiring overnight
storage);
(Bozeman 12-15-79) 410-16
B-3 DISTRICT 18-48.030
(28) Wholesale establishments that use samples, but do not store stock
on premises. (Ord. 1030, 1979: Ord. 985 § 1, 1977; Ord. 966 § 8, 1976:
Ord. 935 § 15.2, 1973).
18-48.030 Lot area and width. No minimum lot area or width is pre-
scribed for the B-3 district. (Ord. 935 § 15.3, 1973).
410-16a
(Bozeman 12-15-79)
�I
J
•
M-1 DISTRICT 18.48.040-18.51.020
18.48.040 Coverage. Buildings may cover the entire lot providing other
requirements are met. (Ord. 935 § 15.4, 1973).
18.48.050 Yards. No minimum yards are prescribed for the B-3 district
except a fifteen foot front yard shall be required on Mendenhall and
Babcock Streets. (Ord. 935 § 15.5, 1973).
18.48.060 Off-street parking. Off-street parking shall be provided in
accordance with Chapter 18.84. (Ord. 935 § 15.6, 1973).
18.48.070 Off-street loading. Off-street loading shall be provided in
accordance with Chapter 18.87. (Ord. 935 § 15.7, 1973).
Chapter 18.51
M-1 COMMERCIAL — LIGHT MANUFACTURING DISTRICT
Sections:
18.51.010 Intent.
18.51.020 Permitted uses.
18,51,030 Lot area and width.
18.51.040 Lot coverage.
18.51.050 Yards.
18.51.060 Building height.
18.51.070 Off-street parking.
18.51.080 Off-street loading.
18.51.010 Intent. The intent of the M-1 commercial — 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 developments; therefore, some type of screening may be
necessary. Residences shall not be permitted in this district. (Ord. 935 §
16.1, 1973).
18.51.020 Permitted uses. Permitted uses in the M-1 district are as
follows:
(1) Accessory uses;
(2) Ambulance service;
(3) Building contractors establishments;
(4) Building sales;
(5) Cabinet shops;
(6) Churches;
(7) Conditional uses as provided in Chapter 18.72;
(8) Enclosed warehousing;
410-17 (Bozeman 11-15-76)
18.51.030-18.51.080 ZONING
(9) Fire stations;
(10) Flour and feed mills;
(11) Food processing plants;
(12) Gasoline service stations;
(13) Grain elevators;
(14) Greenhouses;
(15) Machine shops;
(16) Manufacturing of light consumer goods, i.e., electronic
equipment, appliances, furniture, beverages;
(17) Outside storage if accessory to permitted use and if screened from
the street and surrounding properties by solid fence or dense plantings at
least six feet high;
(18) Paint shops;
(19) Repair and service establishments for light consumer goods, i.e.,
automobiles, appliances, furniture;
(20) Signs;
(21) Sign shops;
(22) Temporary buildings for and during construction, only;
(23) Truck and rail terminal facilities;
(24) Vehicle and boat sales. (Ord. 966 § 9, 1976: Ord. 935 § 16.2,
1973).
18.51.030 Lot area and width. Lot area for the M-1 district shall not be
less than seven thousand five hundred square feet and no lot width shall be
less than seventy-five feet. (Ord. 935 § 16.3, 1973).
18.51.040 Lot coverage. The entire lot, exclusive of required yards and
parking, may be occupied by the principal and accessory buildings. (Ord.
935 § 16.4, 1973).
18.51.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 feet;
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . none;*
Side yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . none;*
*When a lot is adjacent or faces upon another zone, the yards shall
meet the requirements of the adjoining zone and buildings shall be screened
with either a decorative fence or plantings. When a lot abuts a street or
alley on either side or the rear, a yard of at least fifteen feet shall be
provided on the street or alley side.
(Ord. 935 § 16.5, 1973).
18.51.060 Building height. Maximum building height in the M-1 district
shall be forty feet. (Ord. 935 § 16.6, 1973).
18.51.070 Off-street parking. Off-street parking shall be provided in
accordance with Chapter 18.84. (Ord. 935 § 16.7, 1973).
18.51.080 Off-street loading. Off-street loading shall be provided in
accordance with Chapter 18.87. (Ord. 935 § 16.8, 1973).
(Bozeman 11-15-76) 410-18
M-2 DISTRICT 18.54.010-18.54.050
Chapter 18.54
M-2 MANUFACTURING AND INDUSTRIAL DISTRICT
Sections:
18.54.010 Intent.
18-54.020 Permitted uses.
18-54.030 Lot area and width.
18-54.040 Lot coverage.
18-54.050 Yards.
18-54.060 Off-street parking.
18-54.070 Off-street loading.
18-54.010 Intent. The intent of the M-2 Manufacturing and Industrial
district is to provide for heavy manufacturing and industrial uses, serving
vocational and employment needs of Bozeman residents. (Ord. 935 § 17.1,
1973).
18.54.020 Permitted uses. Permitted uses in the M-2 district are as
follows:
(1) Accessory uses clearly subordinate to, but an integral part of the
primary use of the property, i.e., plant cafeteria, first aid station, recreation
area;
(2) All uses permitted in the M-1 district plus any manufacturing or
industrial use are provided in this district if in compliance with all provisions
of this title; however, no residential uses, auto wrecking yards,junkyards or
garbage dumps shall be permitted except in accordance with Chapter 18.72.
No use shall be permitted which causes excessive noise, vibration,
smoke, dust, or other particulate matter, toxic or noxious matter, humidity,
heat or glare which extends beyond the lot boundaries of the specific use.
"Excessive" means for these purposes a degree that could be observed by the
building official of the city and determined to be offensive or a degree
deemed by the State Health Department to be injurious to the public health,
safety, or welfare of the residents of the area;
(3) Conditional uses as provided in Chapter 18.72;
(4) Signs. (Ord. 935 § 17.2, 1973).
18.54.030 Lot area and width. Lot area for the M-2 district shall be not
less than seven thousand five hundred square feet and no lot width shall be
less than seventy-five feet. (Ord. 935 § 17.3, 1973).
18.54.040 Lot coverage. The entire lot, exclusive of required yards and
parking may be occupied by the principal and accessory buildings. (Ord. 935
§ 17.4, 1973).
18.54.050 Yards. Every lot shall have the following minimum yards:
Front yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20feet;
410-19 (Bozeman 11-15-73)
18.54.060-18.57.030 ZONING
Rear yard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . none*;
Sideyards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . none*;
*When a lot is adjacent or faces upon another zone, the yards shall meet the
requirements of the adjoining zone and building shall be screened with
either a decorative fence or plantings. When a lot abuts a street or alley on
either side or the rear, a yard of at least fifteen feet shall be provided on the
street or alley side.
(Ord. 935 § 17.5, 1973).
18.54.060 Off-street parking. Off-street parking shall be provided in
accordance with Chapter 18.84. (Ord. 935 § 17.6, 1973).
18.54.070 Off-street loading. Off-street loading shall be provided in
accordance with Chapter 18.87. (Ord. 935 § 17.7, 1973).
Chapter 18.57
TR TECHNOLOGY RESEARCH DISTRICT
Sections:
18.57.010 Intent.
18.57.020 Permitted uses.
18.57.030 Lot area and width.
18.57.040 Lot coverage.
18.57.050 Yards.
18.57.060 Building height.
18.57.070 Off-street parking.
18.57.080 Off-street loading.
18.57.010 Intent. The intent of the TR Technology Research district is
to provide for technology research establishments needing resources found at
the university. These areas should be in close proximity to the university and
so developed as to protect surrounding residential development. (Ord. 935 §
18.1, 1973).
18.57.020 Permitted uses. Permitted uses in the TR district are as
follows:
(1) Accessory uses;
(2) Computer research establishments;
(3) Conditional uses as provided in Chapter 18.72;
(4) Electronics research establishments;
(5) Signs (one identification sign per establishment);
(6) Temporary buildings for and during construction, only. (Ord. 935
§ 18.2, 1973).
18.57.030 Lot area and width. Lot area for the TR district shall not be
(Bozeman 11-15-73) 410-20
PLI DISTRICT 18.57.040-18.60.020
less than twenty thousand square feet, and no lot width shall be less than
one hundred fifty feet. (Ord. 935 § 18.3, 1973).
18.57.040 Lot coverage. No more than forty percent of the lot area
shall be occupied by the principal and accessory buildings. (Ord. 935 § 18.4,
1973).
18.57.050 Yards. In the TR district there is no yard requirement except
when a lot is adjacent to another district. The yards then shall be the same as
the adjoining district. (Ord. 935 § 18.5, 1973).
18.57.060 Building height. The maximum building height in the TR
district shall be the same as the lowest height of any adjacent district. (Ord.
935 § 18.6, 1973).
18.57.070 Off-street parking. Off-street parking for the TR district shall
be provided in accordance with Chapter 18.84. (Ord. 935 § 18.7, 1973).
18.57.080 Off-street loading. Off-street loading for the TR district shall
be provided in accordance with Chapter 18.87. (Ord. 935 § 18.8, 1973).
Chapter 18.60
PLI PUBLIC LANDS AND INSTITUTIONS DISTRICT
Sections:
18.60.010 Intent.
18-60.020 Permitted uses.
18.60.030 Lot area and width.
18.60.040 Lot coverage.
18.60.050 Yards.
18.60.060 Off-street parking.
18.60.070 Off-street loading.
18.60.010 Intent. The intent of the PLI public lands and institutions
district is to provide for major public and quasi-public uses outside of other
districts. Not all public and quasi-public uses need be classified PLI. Some
may fit within another district; however, the larger areas should be
distinguished PLI. (Ord. 935 § 19.1, 1973).
18.60.020 Permitted uses. Permitted uses in the PLI district are as
follows:
(1) Accessory buildings;
(2) Ambulance service;
(3) Cemeteries;
(4) Museums, zoos, historic and culture exhibits;
(5) Other public buildings, i.e., fire and police stations and municipal
buildings;
410-21
(Bozeman 11-15-76)
18.60.030-18.63.020 ZONING
(6) Public and nonprofit, quasi-public institutions, i.e., universities,
elementary,junior and senior high schools and hospitals;
aol and open space;
(7) Publicly owned land used for parks, playgrounds,
yg
(8) Temporary buildings for and during construction, only. (Ord. 966
§ 10, 1976: Ord. 935 § 19.2, 1973).
18.60.030 Lot area and width. The lot area and width requirement of
the PLI district is as follows:
No requirement. (Ord. 935 § 19.3, 1973).
18.60.040 Lot coverage. The entire lot, exclusive of required yards and
parking, may be occupied by the principal and accessory buildings. (Ord.
935 § 19.4, 1973).
18.60.050 Yards. In the PLI district there is no yard requirement except
when a lot is adjacent to another district. The yards then shall be the same as
the adjacent district. (Ord. 935 § 19.5, 1973).
18.60.060 Off-street parking. Off-street parking for the PLI district shall
be provided in accordance with Chapter 18.84. (Ord. 935 § 19.6, 1973).
18.60.070 Off-street loading. Off-street loading for the PLI district shall
be provided in accordance with Chapter 18.87. (Ord. 935 § 19.7, 1973).
Chapter 18.63
T TRANSITIONAL DISTRICT
Sections:
18.63.010 Intent.
18.63.020 Application.
18.63.030 Permitted uses.
18.63.040 Standards.
18.63.050 Specific standards.
18.63.010 Intent. It is the intent of the T transitional district to create a
buffer in specific areas needing added protection or where two, perhaps
conflicting, uses or districts join, or where an area is in transition from one
major use to another, i.e., residential to commercial. (Ord. 935 § 20.1,
1973).
18.63.020 Application. The provisions of the transitional district may
be added to any other district by adding the symbol "T" to the district
symbol, i.e., M-1-T means all provisions of the M-1 and T districts are
applicable. (Ord. 935 § 20.2, 1973).
(Bozeman 1145-76) 410-22
T DISTRICT 18.63.030-18.63.050
18.63.030 Permitted uses. Any permitted use in the district to which
the T district is applied is a permitted use in the T district itself subject to
direct review and approval of provisions and requirements of this title. In
granting or denying a proposed use and in establishing conditions for said
use, the building official and the city commission shall be governed by the
specific standards adopted in this title creating the T district as well as the
general standards provided for in this title. (Ord. 935 § 20.3, 1973).
18-63.040 Standards. The zoning commission recommendation of a
particular T district to the city commission shall include specific
development standards and may include performance standards. The T
districts and specific standards for each T district shall be adopted
concurrently by the city commission. Such specific standards may provide
for:
(1) Receiving a conditional use permit as provided in Chapter 18.72
(Mandatory);
(2) Special setbacks, yards, open spaces, and buffers;
(3) Fences and walls;
(4) Lighting;
(5) Regulations of vehicular ingress and egress;
(6) Regulation of signs;
(7) Regulation of time of certain activities;
(8) Landscaping and maintenance thereof;
(9) Time schedule of proposed development;
(10) Regulations of odors, smoke, dust, airborne particles, vibration,
glare,heat and noise;
(11) Such other reasonable conditions to protect surrounding areas and
provide for orderly compatible development. (Ord. 935 § 20.4, 1973).
18.63.050 Specific standards. The following are specific standards for
Transitional (T) districts as indicated on the official zoning map. Numbers
listing the specific standards correlate with numbers on the zoning map.
These specific standards do not replace or nullify any standard prescribed
within any part of this title nor do they prohibit other requirements as
allowed by this chapter:
(1) This district is located northeast of the Bozeman city limits in an
area of mixed uses, but mostly residential. It is also an area of environmental
concern due to a high water table and the flood plain. Building permits may
be issued for single-family residences on single lots of record without a
conditional use permit. Any further subdivision of any tract of land in this
district must comply with the regulations set forth herein as well as Chapter
18.21 and applicable subdivision regulations. Nevertheless, any further
subdivision should be allowed only when satisfactory information has been
supplied indicating there would be no environmental problems due to the
high water table or the flood plain area.
The flood hazard district regulations shall apply to those areas indicated
in a flood plain.
410-23 (Bozeman 11-15-73)
18.63.050 ZONING,
(2) This district is quite similar to that of Number 1 and the
regulations prescribed shall be the same as Number 1.
0
(3) This area is planned as a heavy manufacturing area of mostly
standard industrial uses. It is located along North Seventh Avenue north of
the city limits and Interstate 90 and is surrounded by an agriculture district.
The purpose of reflecting this as a "transitional zone" is to protect the
agriculture area and reduce the visual effect a manufacturing district can
have on other districts and major roads. i
(A) Therefore, it shall be required that all properties within this district
that abut any other district except an M-1 or an M-2 district shall provide
sufficient landscaping to buffer the proposed use from property and uses in
adjoining districts.
(B) Because this district is located near and adjacent to North Seventh
Avenue and the Interstate system, signing of uses within the district can be
distracting to passing motorists as well as the adjacent zoning district.
Therefore, signing within this district shall be appropriate to the use,
attractive to the area, and designed in such a manner so as not to be
distracting to passing motorists or occupants on the adjacent properties in
other zones. This shall be construed with customary interpretation and
specifically construed to mean that no sign shall reflect light directly to
properties of other zones except where there are M-1 or M-2 zones.
Each sign should be approved through conditional use procedures for
each proposed use and the appropriateness of the sign will be determined at
that time.
(C) Where this particular district is outside the city limits of Bozeman
and a central sewage system is not available, great care and caution should be
taken in allowing any use within this district where there is, or can be
expected, a substantial discharge from the use. Therefore, persons proposing
uses within this particular district shall provide information on expected
discharge, method of disposal, effects to surrounding areas, and such other
information that might be needed to determine adverse effects and
protective measures for the use proposed.
(4) This particular area is immediately adjacent to Number 3 and is
quite similar in character, therefore, those standards prescribed under
Number 3 are applicable to this district also.
(5) This district is planned within the Bozeman Area Plan as a
neighborhood business district. It is located at the corner of Kagy and
Willson Avenue. Because this district is situated in a strictly residential area
and on two arterial streets (Kagy and Willson), certain precautions will need
to be taken to preserve the residential character of the neighborhood and
protect the arterial streets from any detrimental development.
(A) Review all signs as to their appropriateness to the specific business
and effects to the residential area. This shall mean that no sign shall be
approved which flashes in any manner or reflects light directly to adjacent
properties. This shall also mean that each business shall be limited to one
facade sign. In addition there may be one directory sign approved for the
district;
(Bozeman 11-15-73) 410-24
FLOOD HAZARD DISTRICT 18.66.010
(B) Height shall not exceed twenty-four feet;
(C) Only one access point shall be permitted off Kagy or South Willson
Avenue;
(D) The exterior building designs shall blend with the residential
character of the neighborhood;
(E) Landscaping shall be provided to buffer the use from adjacent
residential properties.
(6) The location of District No. 6 is near Highway 191, west of the
major portion of Bozeman and adjacent to a highway business district. The
purpose of this district is to protect the residential development to the east
of this area. Caution should be taken to provide protection in the form of
height restrictions, signing restrictions, landscaping and exterior construction
to lessen any detrimental effect on the single-family residential development.
(7) Area Number 7 is an area in close proximity to the university
housing. It is an area planned for higher density residential development, but
is bordered by some single-family development as well as the Rosary High
School. Requirements of this district should include some type of fencing or
landscaping barrier between any proposed development and the Rosary High
School, as well as between the single-family developments. It should also
include landscaping to buffer any apartment-type complex. Access points to
West College and South Nineteenth Streets should be restricted in numbers
to protect these major streets from hazardous traffic. On the fringes of the
district, a height limitation might be considered. (Ord. 935 § 20.5, 1973).
Chapter 18.66
FLOOD HAZARD DISTRICT
Sections:
18.66.010 Intent.
18.66.020 Definitions.
18.66.030 District boundaries and delineations.
18.66.040 Special permit—Procedure.
18.66.050 Special permit—Uses excepted.
18.66.060 Special permit—Required when.
18.66.070 Prohibited uses.
18.66.080 Floodproofing requirements.
18.66.090 Special permit—Additional factors to be reviewed.
18.66.100 Appeals and variance requests.
18.66.1 10 Special permit—Approval period.
18.66.120 Emergency repair and/or replacement.
18.66.130 Warning and disclaimer of liability.
18.66.010 Intent. The flood hazard district is an area subject to periodic
inundation from floodwaters which may overflow from local streams and
rivers. In order to avoid hazard to health, safety, and public and personal
property, this section has been designed to restrict or prohibit uses which are
410-25 (Bozeman 12-15-75)
18.66.020-18.66.040 ZONING
vulnerable to flood damage or loss or which may cause increased flood
heights or velocities. (Ord. 953 § 1, 1975). is
18.66.020 Definitions. (1) "Alteration" means any change or addition
to an artificial obstruction that either increases the size of the artificial
obstruction or increases its potential flood hazard. Maintenance of an
artificial obstruction is not an alteration. However, the repair,
reconstruction, or improvement of an artificial obstruction, the cost of
which equals or exceeds fifty percent of the replacement cost of the artificial
obstruction either (a) before the improvement is started, or (b) if the
artificial obstruction has been damaged and is being restored, before the
damage occurred, is an alteration and not maintenance.
(2) "Channelization project" means the excavation and construction of
an artificial channel for the purpose of diverting the entire flow of a
watercourse or drainway from its established course.
(3) "Flood fringe" means that portion of a designated floodplain
outside the limits of a designated floodway.
(4) "Floodplain" means the area adjoining the watercourse or
drainway which would be covered by the flood water of a flood of one
hundred-year frequency.
(5) "Floodway" means the channel of a watercourse or drainway and
those portions of the floodplain adjoining the channel which are reasonably
required to carry and discharge the floodwater of any watercourse or
drainway.
(6) "Riprap" means stone, rock, concrete block, or analogous material
that is placed along the banks or bed of a watercourse or drainway for the
purpose of alleviating erosion. (Ord. 953 § 2, 1975).
18.66.030 District boundaries and delineations. (1) The boundaries of
this district for the zoning jurisdiction outside of the city limits shall be as
designated in the "East Gallatin River and Upper Tributary Flood Hazard
Analysis" as prepared by the United States Department of Agriculture, Soil
Conservation Service. The boundaries of this district within the city limits
shall be as designated on the flood hazard area map as prepared by the U.S.
Department of Housing and Urban Development.
(2) The mapping of the flood hazard district does not delineate the
boundary between the "floodway" and the "flood fringe." Until such a
delineation has been officially made, the requirements of this section shall be
uniform for the entire floodplain.
(3) The requirements of this section are to be applied as an overlying
district in addition to those contained in the basic underlying zone. (Ord.
953 § 3, 1975).
18.66.040 Special permit — Procedure. In addition to the requirements
of the zoning code for building and land use permits, the following
procedure shall be followed in the flood hazard district:
(Bozeman 12-15-75) 410-26
FLOOD HAZARD DISTRICT 18.66.050-18.66.060
(1) Where a special permit to allow a new use in the flood hazard
district is required under the terms of this section, an application form may
be obtained from the office of the city building official.
(2) The application shall be filled out and attached to the building or
land use permit application when submitted to the building official's office
for approval.
(3) The building official shall issue the special permit if, in his opinion,
the requirements of this section and of the underlying district have been
met.
Note: For the purposes of enforcing these requirements, the building
official may require a land survey with elevations be submitted by a land
surveyor licensed by the state to practice as such. (Ord. 953 § 4, 1975).
18.66.050 Special permit — Uses excepted. A special permit is not
required in the flood hazard district for the following uses, provided they do
not require structures (other than portable structures), fill, or permanent
storage of materials or equipment:
(1) Agricultural uses;
(2) Industrial-commercial uses, such as loading areas, parking areas, and
emergency landing strips;
(3) Private and public recreational uses, such as golf courses, driving
ranges, archery ranges, picnic grounds, boat launching ramps, swimming
areas, parks, wildlife management and natural areas, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting
and fishing areas, and hiking and horseback riding trails;
(4) Forestry, including processing of forest products with portable
equipment;
(5) Residential uses, such as lawns, gardens, parking areas, and play
areas;
(6) Irrigation and livestock supply wells, provided that they are located
at least five hundred feet from domestic supply wells;
(7) Fences, except permanent fences crossing channels. (Ord. 953 § 5,
1975).
18.66.060 Special permit — Required when. A special permit shall be
required for the alteration, location or construction of all uses other than
those uses listed in Section 18.66.050, subject to the following conditions:
(1) Residential structures and customary accessory buildings shall be
constructed such that the lowest finished floor elevation (including
basement) is two feet or more above the elevation of the flood of one
hundred-year frequency. Footings and foundations may be built by any
method permitted by the current issue of the Uniform Building Code. The
fill shall be at an elevation no lower than the elevation of the flood of one
hundred-year frequency and shall extend for at least fifteen feet at that
elevation beyond the structure in all directions, and shall meet the standards
set forth in Chapter 70 of the Uniform Building Code. Where existing streets,
410-27 (Bozeman 12-15-75)
18.66.060 ZONING
utilities, or lot dimensions make strict compliance with this provision
impossible, the city building official may authorize through the permit a
40
lesser amount of fill or alternative floodproofing measures.
The city building official shall notify the Department of Natural
Resources, state of Montana, and receive its approval prior to approving any
lesser fill or alternative floodproofing for residential structures;
(2) New commercial and industrial structures shall be either
constructed as specified in the preceding subparagraph or be adequately
floodproofed up to an elevation no lower than two feet above the elevation
of the flood of one hundred-year frequency. Floodproofmg shall be
accomplished in accordance with Section 18.66.080 and shall further include
the following:
(a) If the structure is designed to allow internal flooding of the lowest
floor, use of the floor shall be limited to such uses as parking,loading areas,
and storage of equipment or materials not appreciably affected by flood
water. Further, the floors and walls shall be designed and constructed of
materials resistant to flooding up to an elevation of two or more feet above
the elevation of the flood of one hundred-year frequency;
(b) Structures whose lowest floors are used for purposes other than
parking, loading, or storage of materials resistant to flooding shall be
waterproofed up to an elevation no lower than two feet above the elevation
of the flood of one hundred-year frequency. Waterproofing shall include
impermeable membranes or materials for floors and walls, and watertight
enclosures for all windows, doors, and other openings. These structures shall
be designed to withstand the hydrostatic pressures resulting from a flood of
one hundred-year frequency.
(3) Flood control levees and floodwalls shall be designed and
constructed to safely convey a flood of one hundred-year frequency; the
cumulative effect of the levees and floodwalls combined with allowable
floodplain encroachments shall not increase the unobstructed elevation of a
flood of one hundred-year frequency more than five-tenths foot at any
point, and the proposed levees and floodwalls, except those to protect
agricultural land only, shall be constructed at least three feet higher than the
elevation of a flood of one hundred-year frequency where the flood level is
increased more than five-tenths foot at any point. The city engineer may
establish either a lower or higher permissible increase in the elevation of the
flood of one hundred-year frequency for individual levee projects, based on
the following criteria:
(a) The estimated cumulative effect of other reasonably anticipated
future permissible uses;
(b) The type and amount of existing flood prone development in the
affected area.
(4) Riprap, except that which is hand placed, shall be placed so that:
(a) The riprap will withstand a flood of one hundred-year frequency;
(b) The riprap does not increase the elevation of the flood of one
hundred-year frequency;
(Bozeman 12-15-75) 410-28
FLOOD HAZARD DISTRICT 18-66.070-18-66.080
(c) The riprap will not increase erosion upstream, downstream, or
across stream from the riprap site.
(5) Channelization projects if they do not significantly increase the
magnitude, velocity, or elevation of the flood of one hundred-year frequency
downstream from such projects.
(6) Dams shall be designed:
(a) In accordance with approved safety standards;
(b) Shall not increase flood hazards downstream, either through
operational procedures or improper hydrologic design.
(7) Proposed structures must be anchored to prevent flotation or
collapse and must be located as far from stream channels as is practicable;
(8) Where a proposed development within such designated floodplain
may significantly increase flood velocities or depths, additional hydraulic
and survey information may be required of the permit applicant before a
permit application is acted upon. This information may include but not be
limited to any of the following:
(a) Valley cross sections of the watercourse and adjoining floodplain;
(b) Certification by a qualified professional engineer that
floodproofing measures are reasonably adequate to protect against major
flood damages;or
(c) A hydrologic study documenting probable effect on upstream or
downstream property owners. (Ord. 953 § 6, 1975).
18.66.070 Prohibited uses. The following uses are prohibited in the
flood hazard district:
(1) Solid waste disposal and soil absorption sewage systems, except as
allowed or approved under laws and standards administered by the
Department of Health and Environmental Sciences;
(2) Storage of highly toxic, flammable, or explosive materials. Storage
of petroleum products may be allowed by permit if buried in tightly sealed
and constrained containers or if stored on compacted fill at least two feet
above the elevation of the flood of one hundred-year frequency. (Ord. 953 §
7, 1975).
18.66.080 Floodproofing requirements. (1) All electrical service
materials, equipment, and installation for uses permitted with or without a
special permit in the flood hazard district shall conform to the following
conditions: All incoming power service equipment, including all metering
equipment, control centers, transformers, distribution and lighting panels,
and all other stationary equipment must be located at least two feet above
the elevation of the flood of one hundred-year frequency with the following
exceptions:
(a) Portable or movable electrical equipment may be placed below the
elevation of the flood of one hundred-year frequency, provided that the
equipment can be disconnected by a single plug-and-socket assembly of the
submersible type;
410-28a (Bozeman 12-1 5-75)
18.66.090-18.66.100 ZONING
(b) The main power service line shall have automatically operated
electrical disconnect equipment or manually operated electrical disconnect
4D
equipment located at an accessible remote location outside the designated
floodplain and above the elevation of the flood of one hundred-year
frequency;
(c) All electrical wiring systems installed below the elevation of the
flood of one hundred-year frequency shall be suitable for continuous
submergence and may not contain fibrous components.
(2) Heating systems for permitted flood hazard district uses shall
conform to the following conditions:
(a) Float operated automatic control valves, automatic pilots, or other
alternatives shall be installed in supply lines to gas furnaces, so that the fuel
supply is automatically shut off when floodwaters reach the floor level
where the furnaces are located;
(b) Manually operated valves that can be operated from a location
above the elevation of the flood of one hundred-year frequency shall also be
provided in gas supply lines;
(c) Electric heating systems must be installed in accordance with
subsection (1) of this section.
(3) Plumbing systems for permitted flood hazard district uses shall
conform to the following conditions:
(a) Sewer lines, except those to buried and sealed vaults, shall have
check valves installed to prevent sewage backup into permitted structures;
(b) All toilet stools, sinks, urinals, and drains shall be located such that
the lowest point of possible water entry is at least two feet above the
elevation of the flood of one hundred-year frequency. (Ord. 953 § 8, 1975).
18.66.090 Special permit — Additional factors to be reviewed. In
addition to the other requirements of this chapter, the following additional
factors shall be reviewed by the city engineer before a special permit is
granted or denied:
(1) The danger to life and property from backwater or diverted flow
caused by the obstruction;
(2) The danger that the obstruction will be swept downstream to the
injury of others;
(3) The availability of alternative locations;
(4) The construction or alteration of the obstruction in such a manner
as to lessen the danger;
(5) The permanence of the obstruction;
(6) The anticipated development in the foreseeable future of the area
which may be affected by the obstruction;
(7) Such other factors as are in harmony with the purposes of these
rules. (Ord. 953 § 9, 1975).
18.66.100 Appeals and variance requests. Appeals and variance requests
from the use requirements may be granted by the board of adjustment in
(Bozeman 12-15-75) 410-28b
FLOOD HAZARD DISTRICT 18-66.110-18.66.130
accordance with the provisions of Chapter 18.93 of this code, and only if:
(1) Approval is first given by the Department of Natural Resources and
Conservation of the state of Montana;
(2) Refusal of a permit would, because of exceptional circumstances,
cause a unique or undue hardship on the applicant or community involved;
(3) The proposed use is adequately floodproofed;
(4) Reasonable alternative locations outside the designated floodplain
are not available.
Appeals related to the boundary delineation of the flood hazard district
shall be made to the Department of Natural Resources and Conservation of
the state of Montana; where an area originally designated as being included
in the floodplain is officially deleted or the floodplain is otherwise amended
by the Department of Natural Resources and Conservation, the boundaries
of the flood hazard district shall be automatically amended to reflect these
changes. (Ord. 953 § 10, 1975).
18.66.110 Special permit — Approval period. A special
application is considered to have been automaticall permit
ays a
receipt of the application, unless the building official notifies the a pli atnt
before the sixtieth day that the permit is denied, granted, or must receive
approval from the Department of Natural Resources and Conservation of the
state of Montana. (Ord. 953 § 11, 1975).
18-66.120 Emergency repair and/or replacement. Emergency repair to
and/or replacement of severely damaged public transportation facilities,
public water and sewer facilities, and flood control works shall be authorized
under the supervision of the city engineer if:
(1) Upon notification and prior to the emergency repair and/or
replacement, the city engineer determines that an emergency condition
warranting immediate action exists;and,
(2) The city engineer agrees upon the nature and type of proposed
emergency repair and/or replacement;
(3) Authorization to undertake emergency repair and/or replacement
work may be given verbally if the city engineer feels that a written
authorization would unduly delay the emergency work. Such verbal
authorization shall be followed by a written authorization stating the
emergency condition, the type of work agreed upon, and a notation that
verbal authorization had been previously given. (Ord. 953 § 12, 1975).
18.66.130 Warning and disclaimer of liability. The degree of flood
protection required by this chapter is considered reasonable for regulatory
Purposes and is based on needs and conditions. Floods larger than
anticipated by this chapter may occur on rare occasion or a flood may be
increased by man-made or natural causes, such as ice jams and bridge
openings restricted by debris. Neither this section nor this chapter implies
that areas outside the flood hazard district boundaries or land uses within
410-28c
(Bozeman 11-15-78)
18.66.130-18.67.030 ZONING
the district will be free from flooding or flood damage. And, neither this
section nor this chapter shall create liability on the part of the city of
Bozeman, or any officer or employee thereof, for any flood damages that
result from reliance upon this chapter or any administrative decision lawfully
made thereunder. (Ord. 953 § 13, 1975).
Chapter 18.67
MOBILE HOME DISTRICT
Sections:
18.67.010 Intent.
18.67.020 Definitions.
18.67.030 Permitted uses.
18.67.040 Mobile home subdivision requirements.
18.67.050 Requirements for utilities.
18.67.060 Landscaping requirements.
18.67.070 Skirting requirements.
18.67.080 Permitted signs.
18.67.090 Permits.
18.67.010 Intent. The intent of this chapter is to provide for mobile
home park and subdivision development in appropriate districts and to
establish standards for development in order to integrate mobile and to provide
an area without adversely affecting surrounding properties
safeguards for residents of mobile homes. (Ord. 1004 § 1, 1978).
18.67.020 Definitions. For the purpose of this section, definitions in
Chapter 18.06 of this title apply except for the following terms:
(1) "Density" means the number of mobile home units per acre.
(2) "Lot" means the total area reserved within a mobile home park for
the placement of one mobile home and the exclusive use of its occupants.
(3) "Mobile home stand" means that part of an individual lo which
has been reserved for the placement of a mobile home, appurtenant
structures, or additions. a including open space and
(4) "recreation area" means an are
playgrounds and buildings and apparatus designed for recreational activities
set aside for the use of the mobile home park residents.
(5) "Site" means the entire gross area of the mobile home park or
subdivision. (Ord. 1004 § 2, 1978).
18.67.030 Permitted uses. In mobile home districts, permitted uses are
as follows:
(1) Accessory buildings and uses customarily incidental thereto. No
part of any mobile home park or subdivision shall be used for nonresidential
purposes, except such uses that are required for direct servicing and the well
(Bozeman 11-15-78) 410-28d
MOBILE HOME DISTRICT 18.67.040-18.67.050
being of park residents and for management and maintenance of the park or
subdivision. Nothing in this section shall be deemed as prohibiting the same
of a mobile home located on a mobile home stand and connected to the
pertinent utilities.
(2) Mobile home parks on sites of not less than ten acres in area, with a
minimum of twenty-five lots.
(3) Mobile home subdivisions on sites of not less than ten acres in area.
(Ord. 1004 § 3, 1978).
18.67.040 Mobile home subdivision requirements. (A) Lot Area and
Width. Minimum lot area for mobile homes shall be six thousand square feet
with a minimum lot width of sixty feet, where both municipal or
community water and sanitary sewer systems are available. Where
community systems are not available, lot size will be determined by soil and
groundwater conditions and approved by the State Board of Health.
(B) Lot Coverage and Floor Area. Not more than fifty percent of the
lot shall be occupied by the mobile home and accessory buildings. Each
mobile home shall have a minimum of seven hundred square feet of floor
area.
(C) Yards. Every lot shall have the following minimum yards:
(1) Front yard, twenty-five feet;
(2) Rear yard, twenty feet;
(3) Side yard, eight feet each side;*
(4) Street side yard, twenty-five feet.
*When a lot is adjacent to another residential zone, the side yard adjacent to the zone shall be a
minimum of twenty feet,
feet. (D) Building Height. Maximum building height shall be twenty-four
(E) Off-street Parking. Two off-street parking spaces shall be provided
for each mobile.home. (Ord. 1004 § 4, 1978).
18.67.050 Requirements for utilities. Utilities shall be provided in the
following . manner or by an alternative manner approved by the city
commission:
(1) All sanitary sewage utilities and water facilities, including
connections provided to individual lots, shall meet the requirements of the
city of Bozeman and/or Gallatin County.
(2) The plumbing connections to each mobile home lot shall be
constructed so that all lines are protected from freezing, from accidental
bumping, or from creating any type of nuisance or health hazard.
(3) Storm drainage facilities, where necessary, shall be so constructed
as to protect those that will reside in the mobile home as well as the
property of adjacent owners. Such facilities shall be of such capacity to
insure rapid drainage and prevent the accumulation of water in or adjacent
to the development.
(4) All electric, telephone and other lines from supply poles to each
410-28e
(Bozeman 11-I5-78)
18.67.060-18.67.080 ZONING
mobile home lot shall be underground. When meters are installed, they shall
is
be uniformly located.
(5) All fuel lines leading to mobile home lots shall be underground and
so designed as to conform with the Bozeman Plumbing Code and any state
code that is found to be applicable. When separate meters are installed, each
shall be located in a uniform manner. (Ord. 1004 § 5(l), 1978).
18.67.060 Landscaping requirements. (A) Landscaping is required to
provide a buffer between mobile home parks and subdivisions and adjacent
properties.
(B) A minimum of seventy-five percent of the following required
landscaped areas shall have a ground cover of grass or other plant materials:
(1) Seventy-five percent of all yards abutting public or private streets;
(2) All side yards not covered by vehicular ingress-egress ways and
walkways.
(C) Required within the yard abutting public streets is one tree for
every fifty feet, or portion thereof, of street frontage. This should not be
construed to mean trees must be placed fifty feet on center.
(D) In addition to trees based upon street frontage, one tree is required
for every mobile home. All deciduous trees shall be of a minimum of
two-inch calipers. All coniferous trees shall be a minimum of five feet in
height.
(E) Examples of buffer requirements are:
(1) A greenbelt of not less than twenty feet in width along the
perimeter of the mobile home park or subdivision. The greenbelt shall be
developed with a mixture of hardy deciduous and coniferous plant material,
grass, or ground cover and maintained in a neat, orderly manner. All
landscape plans shall be prepared and certified to by a registered landscape
architect or licensed nurseryman;
(2) A continual ornamental solid wall or fence six feet in height above
grade, constructed of wood, brick, cement or stone, erected one foot off
property lines shall be erected between differently zoned classifications;
(3) Any combination of these two methods may be used upon
approval of the planning staff. (Ord. 1004 § 5(2), 1978).
18.67.070 Skirting requirements. All mobile homes placed upon mobile
home zoned lots shall have the space below the mobile home skirted by
weatherproof material, metal or wood, compatible with the exterior design
of the mobile home. The skirting shall be securely anchored to resist wind
loads. (Ord. 1004 § 5(3), 1978).
18.67.080 Permitted signs. The following signs shall be permitted in the
R-MH (Residential-Mobile Home) district:
One sign not exceeding sixteen square feet in area identifying the
mobile home park or displaying the name of the mobile home subdivision.
Such sign shall be attached flat against a main building or may be
(Bozeman 1 t-1 s-7s) 410-28f
MOBILE HOME DISTRICT 18.67.090
freestanding; provided, that no freestanding sign shall exceed eight feet in
height or be located within five feet of any street line or within fifteen feet
Of any other property line. Such sign may be illuminated; provided, that the
source of illumination is not visible. No such sign shall be animated. (Ord.
1004 § 5(4), 1978).
18.67.090 Permits. (A) No mobile homes may be placed on a lot outside
of a licensed mobile home park until a twenty dollar installation/inspection
fee is paid to the department of building inspection.
(B) It is unlawful for any person to construct, alter, or extend any
mobile homes unless a valid permit has been issued by the department of
building inspection.
(C) The erection, construction, reconstruction, repair, relocation,
and/or alteration of all permanent buildings and structures located within a
mobile home park or subdivision shall conform to the requirements of the
Uniform Building Code adopted by the city of Bozeman and any regulations
within Regulation No. 54-500, Montana State Department of Health.
(D) All mobile home parks developed under this ordinance shall
comply with Montana State Department of Health's Regulation No. 54-500
or any amendment thereto concerning plumbing and electrical requirements.
(E) All additions to or expansions (porches, rooms, etc.) of mobile
homes shall be of a material and design consistent and complimentary to
that of the exterior design of the mobile home as approved by the
department of building inspection. (Ord. 1004 § 5(5), 1978).
410-28g (Bozeman 11-15-78)
�J
•
•
SUPPLEMENTARY REGULATIONS 18.69.010-18.69.040
Chapter 18.69
SUPPLEMENTARY REGULATIONS
Sections:
18.69.010 Visibility at intersections.
18.69.020 Accessory buildings.
18.69.040 Exceptions to height regulations.
18.69.050 Structures to have access.
18.69.060 Zero lot line.
18.69.070 Fallout shelters.
18.69.080 Outdoor lighting.
18.69.090 Outside storage, enclosure required.
18.69.100 Corner lots.
18.69.110 Protection of street rights-of-way.
18.69.120 Fences, walls and hedges.
18.69.130 Lots in two zones.
18.69.140 Swimming pools.
18.69.150 Landscaping.
18.69.160 Multi-dwellings.
18.69.170 Yard encroachments.
18.69.180 Curb cuts.
18.69.190 Stop order.
18.69.200 Pitched roofs.
18.69.210 Ambulance service location.
18.69.220 Required central public or private water distribution and
sanitary sewer collection systems.
18.69.010 Visibility at intersections. Notwithstanding other provisions
of this title in any residential district, fences, walls,hedges, or other planting
may be permitted in any required yard; provided that nothing shall be
erected, placed, planted, or allowed to grow in such a manner as materially
to impede vision between a height of two and one-half feet and ten feet
above centerline grades of the intersecting streets in the area bounded by
street lines of such corner lots and a line joining points along said street lines
forty feet from property line. (Ord. 935 § 22.1, 1973).
18.69.020 Accessory buildings. No accessory building shall be erected in
any required front yard, and no separate accessory building shall be erected
within ten feet of any principal building.
An accessory building not to exceed one story or fourteen feet in
height, including heating and cooling units, may occupy not more than
twenty-five percent of the area of a required rear yard; provided that any
such accessory building wall shall be at least ten feet from the nearest point
of the main building wall, excluding eave overhang, eight feet from the side
property lines and ten feet from the rear property line. (Ord. 935 § 22.2,
1973).
18.69.040 Exceptions to height regulations. The height limitation
410-29 (Bozeman 12-15-79)
18.69.050-18.69.100 ZONING
contained in any district regulations do not apply to spires, belfries, cupolas,
chimneys, water tanks, ventilators, elevator housings, grain elevators, or
other agriculture buildings. (Ord. 935 § 22.4, 1973).
18.69.050 Structures to have access. Every building hereafter erected or
moved shall be on a lot adjacent to a public street, or with access to an
approved private street (approval granted by city commission only). All
structures shall be so located on lots as to provide safe convenient access for
servicing, fire protection, and required off-street parking except under
Chapter 18.75, planned unit development. (Ord. 935 § 22.5, 1973).
18.69.060 Zero lot line. Where an individual owns two adjoining lots or
where the owners of two adjoining lots make legal written agreement, a zero
lot line may be used for single-family dwellings, but only so as to create a
zero lot line on one side of any lot. (Ord. 935 § 22.6, 1973).
18.69.070 Fallout shelters. Fallout shelters to protect human life during
periods of danger may be constructed in, or under, any required yard except
that if constructed in a front yard or side yard none of it may protrude
above the average grade of the lot. (Ord. 935 § 22.7, 1973).
18.69.080 Outdoor lighting. Outdoor lighting of trees, bushes,
fountains, swimming pools, or grounds or residences shall not illuminate or
be reflected upon any adjacent property. (Ord. 935 § 22.8, 1973).
18.69.090 Outside storage, enclosure required. All salvage dealers, or
other persons accumulating, depositing, or storing salvage material within the
Bozeman area when the accumulating, depositing, or storing thereof is
without a building or not within a building, either now stored, deposited or
accumulated or hereafter so deposited, stored, or accumulated, shall fence
surrounding salvage materials with a solid fence at least five and one-half feet
high, sufficient to enclose the salvaged materials from public view from
outside the enclosure. (Ord. 935 § 22.9, 1973).
18.69.100 Corner lots. All lots which abut more than one street or
avenue shall provide one front yard in accordance with the district in which
it is located. The setback (yard) from the other streets or avenues shall be
equal to the setbacks (yards) previously established from that street or
avenue, but in no case shall the setback (yard)be less than fifteen feet.
EXCEPTION: (1) A twenty-five foot setback (yard) shall be provided
(Bozeman 12-15-79) 410-30
SUPPLEMENTARY REGULATIONS 18.69.110-18.69.140
on all arterials designated on the city master plan;
(2) Where at least fifty percent of a block (from cross street to cross
street) in the B-3 district is presently used for residential purposes and a
commercial use is to be developed or expanded, a minimum fifteen foot
setback (yard) shall be required from the streets or avenues on which the
residential use fronts. (Ord. 935 § 22.10, 1973).
18.69.110 Protection of street rights-of-way. No building permit shall be
issued or use proposed in any street right-of-way or any proposed street
right-of-way proposed on the Bozeman Area Master Plan. (Ord. 935 § 22.1 1
1973).
18.69.120 Fences, walls, and hedges. (a) Except as provided in Section
18.66.010, fences, walls, and hedges in any district may be located on lot
lines; provided such fences, walls, and hedges do not exceed eight feet in
height. Fences exceeding eight feet in height shall be subject to the minimum
yard requirements of the district in which such fences are located. However,
no fences, walls, and hedges shall exceed four feet in any front yard as
defined in this title. Fences used in an agriculture pursuit to retain stock
animals shall be excepted.
(b) Except for A-S districts and R-S districts, no barbed wire or other
sharp fencing materials and no electrically charged fence shall be erected or
maintained in any district created by this title. When electrically charged
fences are used in an A-S district or R-S district, such fences shall be posted
with warning signs at intervals not to exceed one hundred fifty feet where
such fences are adjacent to public rights-of-way.
(c) 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. (Ord. 935 § 22.12,
1973).
18.69.130 Lots in two zones. Where a district boundary line as
established in this title divides a lot which was of single ownership and of
record at the time of this title, the use thereon and the district requirements
applying to the least restricted portion of such lot under this title shall be
considered as extending to the entire lot, provided the more restricted
portion of such lot is entirely within twenty feet of the dividing line, the use
so extended shall be deemed to be conforming. (Ord. 935 § 22.13, 1973).
18.69.140 Swimming pools. No public or private swimming pool in any
district shall be located in any required front yard; however, if not more
than six feet in height, such use may be located in any required side or rear
yard. In addition, all swimming pools shall be enclosed in an area with a
fence or wall not less than forty-two inches in height and no opening therein,
other than doors or gates, larger than four inches in any direction. A
structure of any type may be used as part of such enclosure. All gates and
doors opening through such enclosure shall be kept equipped with a
410-31 (Bozeman 11-15-73)
18.69.150-18.69.190 ZONING
self-closing and self-latching device for keeping the gate or door securely
closed at all times when not in actual use, except that the door of any
dwelling which forms a part of the enclosure for private residential pools
need not be so equipped. The building official may make modifications in
individual cases, upon a showing of good cause with respect to the height,
nature or location of the fence, wall, gates, or latches, or the necessity
thereof, provided the protection as sought hereunder is not reduced thereby.
(Ord. 935 § 22.14, 1973).
18.69.150 Landscaping. Not less than seventy-five percent of all yards
and side yards on abutting streets or avenues shall be landscaped. (Ord. 935
§ 22.15, 1973).
18.69.160 Multi-dwellings. Each unit in a multi-dwelling shall have a
separate entrance from the ground on which the structure is erected. Any
structure of two, three, or four dwelling units which does not provide this
shall be classified as an apartment house. (Ord. 935 § 22.16, 1973).
18.69.170 Yard encroachments. Every part of a required yard or court
shall be open and unobstructed by any building or structure from its lowest
point upward except as follows:
(1) Cornices, chimneys, canopies, eaves, balconies or other similar
features may extend into a required yard space not more than three feet.
(2) Open, unwalled, uncovered steps and entrance landings may extend
into a required yard space not more than five feet. (Ord. 935 § 22.17, 1973).
18.69.180 Curb cuts. Curb cuts for residential uses shall be a maximum
of twelve feet throat width for a single car garage and a maximum of twenty
feet throat width for a two or more stall garage. All curb cuts for commercial
use shall be in accordance with the Montana Highway Commission Approach
Standards as approved by the Bureau of Public Roads and National Safety
Council Standards, as adopted by the Bozeman city commission. Indication
of curb cut desires and/or needs shall be submitted to the city engineer in
duplicate on proper curb cut application forms obtained from that office.
The city engineer shall check each application for full compliance with city
codes and regulations before issuing a permit. Issuance of such permit shall
not relieve the permittee of the responsibility of complying with all codes,
regulations and specifications. Requests for special consideration in excess of
or at variance with this section shall be subject to consideration for approval
by the Bozeman city commission. (Ord. 935 § 22.18, 1973).
18.69.190 Stop order. Whenever any building work is being done
contrary to the provisions of this title, the building official 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 building official to proceed with the work.
(Ord. 935 § 22.19, 1973).
(Bozeman t t-1 s-73) 410-32
CONDITIONAL USE 18.69.200-18.72.010
18.69.200 Pitched roofs. No pitched roof shall be higher from the eaves
to the top than forty feet. (Ord. 935 § 22.20, 1973).
18.69.210 Ambulance service location. No ambulance service shall be
permitted as a conditional use in a residential district, unless such ambulance
service is located on an existing or planned primary or community arterial.
(Ord. 968 § 1, 1976).
18.69.220 Required central public or private water distribution and
sanitary sewer collection systems. (a) Whenever any building lots and/or
building sites are created within any previously established R-1, R-2, R-3,
R-4, R-5, R-MH, T-H, or R-O zoning districts, central public and/or private
water distribution and sanitary sewer collection systems shall be developed
and utilized.
(b) These improvements shall be designed, constructed, and installed
according to the standards and criteria as adopted by the city of Bozeman
and approved by both the city's engineer and the water superintendent prior
to the issuance of any building permits. (Ord. 1034 § 1, 1979).
Chapter 18.72
CONDITIONAL USE'S
Sections:
18.72.010 Intent.
18.72.020 Application.
18.72.030 Review by zoning commission.
18.72.040 Decision of zoning commission.
18.72.050 Public hearing before city commission.
18.72.060 Decision of city commission.
18.72.070 Consent approval by zoning commission.
18.72.080 Amendment or modification of conditional use permit.
18.72.090 Failure to utilize conditional use permit.
18.72.100 Cancellation of conditional use permit.
18.72.110 Revocation of conditional use permit.
18.72.120 Conditional use permit fees.
18.72.130 Submittal requirements for conditional use permit.
18.72.140 Required exhibits, plans and data.
18.72.150 Conditional uses by zoning districts.
18.72.010 Intent. The intent of conditional use permits is to provide for
specific uses, other than those specifically permitted in each district, which
may be appropriate in the district under certain safeguards or conditions.
Conditional uses may also be used in transitional districts as specified in
*Prior Ordinance History:Ord.935 as amended by Ords.943,969,990,991,1003 and 1008.
410-33
(Bozeman 12-15-79)
18 72.020 ZONING
Chapter 18.63. No structure or land may be used for any purpose in any
district where such use is not a permitted
ted as a
for that use is obtain throughse, unless such use is
conditionalconditional use to this section and approval
the proper procedure as outlined in this section. The city commission may
approve the conditional use permits hat after considering facts presented on the
application and it is concluded
(1) The proposed use meets all submittal requirements as contained in
Section 18.72.130;
(2) The proposed use will not, particularly because of conditions im-
posed, be detrimental to the public health, safety or general lfar im-
e of
persons residing or working in the vicinity or injurious to property
provements in the vicinity;(3) The proposed use will comply with the regulations and standards
title
r such use;
specified T the Bozeman of use pe permit wills be in general com-
(4) The grantingf the condi
pliance with the Bozeman area master plan and the requirements set forth in
this chapter;
(5) The proposed use conforms to the standards height of this
lim tationsnasl set
ing but not limited to density, lot coverage, yards,
forth in this chapter unless otherwise provided for in this code; held in
(6) The proposed use has been duly noticed, a public hearing
accordance with Section 18.72.020 and the public has been given sufficient
opportunity to be heard upon the matter. (Ord. 1019 (part), 1979).
18.72.020 Application. (a) All applications for conditional uses, in-
cluding all required supportive information, shall be filed with the planning
department. Applications shall be accompanied with the appropriate filing
fee as outlined in Section 18.72.120. application from the planning de-
b) Upon receipt of a conditional use ublic hearings to
partment, the building inspector shall give nosion and the city commission.
tice of the p
be held before the Bozeman zoning
commis Y
Said notice shall be published at least once in the Bozeman Chronicle, the
official newspaper of the city of Bozeman, not more than thirty days nor
less than ten days prior to the scheduled public hearing.
(c) Said notice shall further specify the number, date, time, and place
for all the public hearings. It shall specify the name and address of the appand a
cant, the name and address of the owner of record of the property,
legal description of the property affected, the street address or its location
by approximate distances from the nearest major street or road intersections
so that the property can be easily identified, and a brief statement of
the
nature of the hearing. Said notice shall provide a map of the area in question
so as to indicate its general location and proximity to surrounding proper-
ties.
(d) In addition to such publication, the building inspector shall post
same notice of public hearing not more than thirty days nor less than ten
days prior to the public hearings on the site in question, as well as on one or
(Bozeman 12-15-79)
410-34
CONDITIONAL USE 18.72.030-18.72.040
more additional locations, visible to the general public, within the affected
area as deemed appropriate by the building inspector.
(e) Said notice of public hearings shall also be made available to all
newspapers, radio, and television stations serving the jurisdiction for use as a
public service announcement.
(f) Said notice shall be sent by mail, not more than thirty days nor less
than ten days, to the applicant and owners of record (or their authorized
representative) of the subject property as well as to the owners of record
of all parcels within one hundred fifty feet of the perimeter of the subject
property. The width of public roads, streets, alleys, and other public ways
shall be excluded in determining the properties located within one hundred
fifty feet of the project site.
(g) 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 removed through no fault of the city of Bozeman, this
action shall in no way invalidate the legal notice requirements of the sche-
duled public hearing.
(h) Notice may also be provided to property owners in any additional
area that may be substantially impacted by the proposed development as
determined by the building inspector or planning director. (Ord. 1019 (part),
1979).
18.72.030 Review by zoning commission. (a) The zoning commission,
through the Bozeman city-county planning staff, shall then make such inves-
tigation of facts bearing on the application as well as provide necessary infor-
mation to assure that the action on each application is consistent with the in-
tent and purpose of this chapter and other city of Bozeman regulations.
(b) The zoning commission shall consider the conditional use permit
on the date set for the public hearing or on the date to which such hearing
may be continued from time to time by the zoning commission in order to
obtain a full and complete record as it deems appropriate. (Ord. 1019 (part),
1979).
18.72.040 Decision of zoning commission. (a) At the public hearing, the
zoning commission may recommend the approval or conditional approval of
the conditional use permit, if after considering the facts presented on the ap-
plication and through public testimony, it finds that the criteria as contained
in Section 18.72.010 will be satisfied. The zoning commission may attach
such conditions as it deems necessary and desirable to protect the public
health, safety and general welfare.
(b) In recommending approval, conditional approval, or denial of a
conditional use permit, the city zoning commission shall make a written
finding which shall specify the facts relied upon by the commission in
making its decision and in establishing conditions. (Ord. 1019 (part), 1979).
410-34a (Bozeman 12-15-79)
18.72.050-18.72.080 ZONING
18.72.050 Public hearing before city commission. The city commission
shall consider the conditional use permit on the date, time, and place set for
the said public hearing or on the date to which such hearing may be con-
tinued from time to time by the city commission. The date, time, and place
set for the public hearing before the city commission shall have been speci-
fied in and included with the initial notice of public hearing set for the
zoning commission. (Ord. 1019 (part), 1979).
18.72.060 Decision of city commission. (a) Upon the conclusion of the
public hearing, the city commission may grant, modify or deny the condi-
tional use permit. The decision of the city commission shall contain a finding
of facts showing wherein the conditional use fulfilled or offaih d to full
uon shall
requirements as set forth in Section 18.72.010. A copy
be filed with the city clerk, the planning director, the director of building
inspection and a copy mailed to the applicant.
(b) In granting a conditional use permit, the commission may impose
such conditions as it deems necessary and desirable to protect the public
health, safety and general welfare. by the city(c) The conditional use permit, when approved
commis-
sion, shall be verified, signed and issued by the planning department. The
applicant, upon receiving the conditional use permit (includes final site con-
ditions and approved final site plan), may then obtain
bull ing permit from
the city building inspector's office. (Ord. 1019 (part),
18.72.070 Consent approval by zoning commission. (a) At the beginning
of each regularly scheduled zoning commission hearing, the chairman shall the
ask of those persons present including,but not limited to, the applicant,
applicant's authorized representative, members of the audience, and the
zoning commission for any protests, objections to or questions of any pro-
posed conditional use application and related planning staff report, includ-
ing the conditions attached thereto.
(b) Where no protest or objections are given by any of the parties listed
above, those specific uncontested conditional use items will be placed on a
consent calendar, the decisions for which will be acted upon by the zoning
commission at the beginning of the meeting. The public hearing for each of
these items will then be limited to a statement of agreemento his author-
ized with the
plan-
ning staff report and attached conditions from the applicant
agent and a decision by the zoning commission. (Ord. 1019 (part),
1979).
18.72.080 Amendment or modification of conditional use permit. (a)
Modifications requested by the holder of an approved conditional use permit
may be granted when it can be determined that such changes or modifica-
tions are necessary to accommodate special circumstances related to the
d site plan and
ns
location, el such modifications areing, or found to be s s of the eo insignificant and minor and whey so
(Bozeman 12-15-79)
410-34b
CONDITIONAL USE 18.72.090-18.72.110
as not to drastically alter the approved site plan or intent of the conditions
of use. The applicant shall state in writing the need for or purpose of the
proposed modifications.
(b) Upon review and approval by the building inspector and planning
director, such minor modifications may be authorized. Such modifications
shall be fully documented, recorded, and copies of same shall be retained in
the appropriate files of both the building inspector and planning director.
(Ord. 1019 (part), 1979).
18.72.090 Failure to utilize conditional use permit. (a) Any approved
conditional use permit shall be conditioned upon the privileges granted being
utilized within eighteen months after the effective date thereof and the issu-
ance of a valid city building permit.
(b) Failure to utilize such conditional use permit or to obtain a valid
City building permit within the eighteen-month period will automatically
void the same. The property covered by any approved conditional use permit
shall not be used for any purpose other than that authorized by the permit.
(Ord. 1019 (part), 1979).
18.72.100 Cancellation of conditional use permit. Cancellation of a con-
ditional use permit may be effected by the owner of the property covered by
the permit by means of a written communication directed to the building
inspector. The permit becomes void upon receipt of the communication in
the office of the building inspector. (Ord. 1019 (part), 1979).
18.72.110 Revocation of conditional use permit. (a) Violations of any
of the conditions or contents of a conditional use permit approval may sub-
ject said conditional use permit to review and possible revocation by the city
commission. Approval granted on the basis of false information shall be held
invalid.
(b) In the event a conditional use permit has been violated, a revoca-
tion of such permit may be initiated by the building inspector or the city
commission. Any proposition to revoke a conditional use permit on the
grounds that the terms of the permit have been violated shall be referred to
the zoning commission.
(c) The zoning commission shall offer the property owner and any
interested party an opportunity to be heard at a public meeting, duly ad-
vertised in accordance with Section 18.72.010 at which time it shall consider
a proposition for revocation of a conditional use permit. The zoning com-
mission shall make its recommendation to the city commission within thirty
days after such proposed revocation is submitted to the zoning commission.
(d) Upon receipt of the report and recommendation of the zoning
commission, the city commission shall hold a public hearing on the proposed
revocation. Said notice of public hearing shall be published at least once in
the official newspaper of the city of Bozeman having general circulation
within the area of zoning jurisdiction of the city of Bozeman, not more than
410-34c
(Bozeman 12-15-79)
18.72.120-18.72.140 ZONING
thirty days nor less than ten days prior to the public city g ommissihearin ion shall
on may
(e) Upon the conclusion of the hearing,
therevoke the conditional use permit. The decision of the city commiss
contain a finding of facts showing wherein the applicant failed to fulfill the
original requirements or conditions for use. A copy of the decision shall
be filed with the city clerk, the planning director, the director of building
inspection and a copy shall be mailed to the applicant. (Ord. 1019 (part),
1979).
18.72.120 Conditional use permit fees. All applications for conditional
use permits shall be subject to the following fees:
(1) Listed conditional uses and transitional zone u summary s — $100.00; —
(2) Minor planned unit development (given
$60.00; public hearing) —
(3) Minor planned unit development (requiring a P
$100 plus $2.00 per unit; er unit;
(4) Major planned unit development — $125.00 plus $2.00 p
(5) Mobile home parks — $125.00 plus $2.00 per site;
(6) Travel trailer park — $125.00 plus $2.00 per site;
(7) Shopping centers — $125.00 plus $1.00 per 1,000 square feet gross
leasable floor area. (Ord. 1019 (part), 1979).
18.72.130 Submittal requirements for conditional use permit. (a) Every
application for a conditional use permit is evaluated in terms of its compli-
ance with the criteria set forth in Section 18.72.010. conditional use
(b) The planning department shall not accept any supplied.
permit application unless the following site plan information is Until such data is submitted, the application is incomplete and cannot be
accepted or processed. applicant should
(c) Prior to preparing the material for submittal, the
contact the planning office to review data requirements as to proper content
and format. The applicant is responsible for the accuracy
canted op the
tion
(drawings, sketches, diagrams, etc.) submitted. Approvalg
basis of false information shall be ll not bed accepinvalit d and All amusta tbe submitted to
must be neat and legible or w
the planning department at least twelve full working days prior to the
additional
scheduled public hearing. The planning director may develop
administrative plan review p
rocedures relating to site planning, buffering,
grading, circulation, building design, building site plan relationships, roof de-
sign, landscaping, architectural and climactic relationships, signings, and
other requirements as may be necessary to carry out the intent of this
chapter. (Ord. 1019 (part), 1979).
1 g.72.140 Required exhibits, plans and data. The required data shall
include,but is not limited to,the following:
(Bozeman 12-15-79)
410-34d
CONDITIONAL USE 18.72.140
(1) Site Plan. All site plans (ten copies are required) must be drawn at a
minimum scale of one inch equals twenty feet on uniform size sheet(s),
maximum acceptable size being twenty-four inches by thirty-six inches, and
shall show, where applicable:
(A) A title block showing name and address of applicant(s) and name
and address of proposed project and site and date of preparation;
(B) Scale and north arrow;
(C) Property lines with dimensions;
(D) Setback lines (specify front, side and rear yard areas) with dimen-
sions;
(E) Existing and proposed easements, indicating name, width, and pur-
pose (utilities, streets, etc.);
(F) Topographic features (where applicable) of the site which show in-
cluding, but not limited to: embankments, water courses (streams, creeks,
etc.), drainage channels, areas of seasonal water ponding, floodplains, marsh
areas, rock outcrops, and wooded areas;
(G) Location of buildings, existing or proposed (include number of
proposed dwelling units or commercial and industrial units to be built);
(H) Loading areas (dimensions);
(I) Proposed off-street parking facilities including driveways (vehicular
access ways) showing surfacing material, stall size, and aisle widths;
M Storage areas, garbage enclosures, etc;
(K) Phases of development, if to be carried out in stages;
(L) Accurate contour lines showing contours at reasonable intervals on
lands with slopes greater than five percent or with unusual topographic
features;
(M) Surfaced areas, including walkways (pedestrian walkways, etc.);
(N) Drainage facilities (manholes, culverts, etc.);
(0) Signs:
(i) Elevations of signs,
(ii) Scaled drawings indicating dimensions of type of signs proposed,
(iii) Description of colors, materials, and lighting proposed;
(P) Fences, walls, buffering techniques, etc.:
(i) Location on site plan,
(ii) Sample sketch indicating and describing appropriate dimensions
(height, width, etc.) and materials to be used.
(2) Building Elevations.
(A) Elevations of all exterior walls of all structures (includes acces-
sory structures);
(B) Percent building coverage of the site;
(C) Height of structures;
(D) Use of materials;
(E) Facade and roof element (design);
(F) Screening of roof-based mechanical equipment;
(G) Scaled dimensions of all existing and proposed buildings.
410-34e
(Bozeman 12-15-79)
18.72.150 ZONING
(3) Landscaping Design Plan. equals
(A) Landscaping plans should be drawn at a scale of one inch
twenty feet and must show:
(i) Percent of site to be landscaped; plants and trees,by common
Ci)
n Plant legend showing total number of
d sizes at
of
ion and at
names, and Location
eof individual eplantstandttrees showing approximate dis-
(iii) Location
tances from roadways and buildings; round cover;
(iv) Description and location of additionalog proposed ornamental landscaping
(v) Description and location of ari large boulders, wagon wheels,
elements (colored and crushed rock, gravel,
etc.); protective de-
vices. Description, location, and dimension of landscaping p
vices. plans shall be prepared and certified to by a licensed
(B) All landscape p uiring more than
landscape architer(Ord c1019 (part),j 979)for uses req
fifteen parking spaces.
18.72.150 Conditional uses by zoning
he following uses may
ng districts. T
be permitted as conditional uses in the districts as specified: Lygrounds,
(1) AS Agriculture District. Public and private
va ecl parks and
p and travel
golf courses and country and fishing clubs, hunting g
trailer parks, and television and radio broadcasting studios and transmitters,
and ambulance service. elementary,
(2) RS Residential Suburban. Schools (nonboard, nursery, golf
junior and senior high), public and private parks and playgrounds,
courses and country clubs, other re
ea
PUD's as provided in Chapter 18.75, and ambulance sertional uses, vice. libraries,
stations, and
_ Low Schools, libraries,
(3) R-1 Single-Family Residential
golf to Icourses and country clubs,
public and private parks and playgrounds,
PUD's as provided in Chapter 18.75,and ambulance service.(4) R-2 Single-Family Residential — Medium Density. Same as R-1 dis-
trict. Conditional uses provided in
(5) R-3 Residential — Medium Density.
the R-1 and R-2 districts that are nt provided an Chapter 18.75,uses in the R-3 dfraternity
strict, as
provided in Chapter 18.78, UD's as
and sorority houses, and individual offices. Apartments. Same as R-3
(6) R-4 Residential — Medium Density
district.
(7) R-5 Residential — High Density. Same as R-4 district.
(8) R-O Residential — Office District. Nursing
Other types of medical
churches, public and private parks and playgr permitted use, PUD's as pro-
facilities or personal services not listed as a
vided in Chapter 18.75,and ambulance service.
(9) B-1 Neighborhood Businessed to those serving the consumerddirectly,
ition to
those permitted uses fisted but
(Bozeman 12-I5-79)
410-34f
CONDITIONAL USE 18.72.150
gasoline service stations, and professional and business office uses.
(10) B-2 Community — Highway Business District. Retail uses in addi-
tion to those permitted uses listed, wholesale distributers with on-premises
retail outlets provided warehousing is limited to commodities which are
sold on the premises, amusement and recreational activities, travel trailer
parks as provided in Chapter 18.81, residence for owner or caretaker, and
PUD's as provided in Chapter 18.75.
(11) B-3 Central Business District. Amusement and recreation activi-
ties, auction rooms, transportation and utility stations, apartments, drive-in
banks and cleaners,radio and TV broadcasting and transmitting studios.
(12) M-1 Commercial — Light Manufacturing. Amusement and recrea-
tional activities, open storage (if adequately screened), retail establishments
(in addition to those listed in Chapter 18.51), residences for owner or care-
taker, PUD's as provided in Chapter 18.75, animal shelter, and veterinary
clinics.
(13) M-2 Manufacturing and Industrial. Junk salvage yards (if ade-
quately screened), residences for owner or caretaker.
(14) TR Technology Research District. Other research establishments
not listed as permitted uses, planned research establishments as provided in
Chapter 18.75. (Ord. 1019 (part), 1979).
410-34g (Bozeman 12-15-79)
•
•
1�
u
PLANNED UNIT DEVELOPMENT 18.75.010-18.75.030
Chapter 18.75
PLANNED UNIT DEVELOPMENT
Sections:
18.75.010 Intent.
18.75.020 Special definitions.
18.75.030 Permitted uses.
18.75.040 Development criteria.
18.75,050 Application and submittal requirements.
18.75.060 Approval.
18.75.070 Minor planned unit development approval.
18.75.010 Intent. The purpose of the planned unit development(PUD)
is to promote maximum flexibility and innovation in development design
and land utilization through the relaxation of zoning and subdivision
regulations to encourage developers to use a more creative approach to land
development, to provide a means for the economical and efficient supply of
street improvements and public utilities required in residential development,
to conserve natural features and to facilitate the provision of more desirable,
aesthetic and efficient use of open space. (Ord. 979 § 2 (part), 1976: Ord.
935 § 24.1, 1973).
18.75.020 Special definitions. For the purposes of this chapter, the
following definitions apply:
(1) "Planned unit development" means a land development project
consisting of residential, commercial, industrial and office uses, or any
combination thereof, which comprises a planned mixture of land uses built
in a prearranged relationship to each other and which provides for the
development of usable and desirable open space, central sewer and water
facilities, and community facilities, while providing for the preservation of
significant historical and natural features of the land.
(2) "Common open space" means a parcel or parcels of land, or an area
of water, or a combination of land and water within a planned unit
development designated and intended for the use or enjoyment of residents
of the development. Common open spaces may contain complementary
structures and improvements as are necessary and appropriate for the benefit
and enjoyment of occupants of the development.
(3) "Homes association" means an incorporated, nonprofit
organization operating under recorded land agreements through which each
lot owner in the planned unit development is automatically a member, each
lot is automatically subject to a charge for a proprotionate share of the
expenses for the organization's activities, and common open space and
facilities are maintained. (Ord. 979 § 2 (part), 1976: Ord. 935 § 24.2, 1973).
18.75.030 Permitted uses. The following are permitted uses in this
district:
410-35 (Bozeman 11-15-76)
18.75.030 ZONING
trict(s) of the proposed
(1) Uses allowed
be allowed if particular t grated into thesplan and development of
development may
the PUD.
(2) Residential uses may be allowed in commercial PUDs.
(3) Residential uses not permitted in the particular zoning district(s) of
the proposed PUDs may be allowed if integrated into the plan and
development of the PUDs.
(4) Office uses may be allowed in the residential PUDs; provided that
no more than twenty percent of the gross area of the PUD is to be used for
offices. Office development in a residential PUD shall be subject to the
following criteria:
(A) Adequate buffers and/or landscaping, and a specific proposal for
signing controls shall be provided in the preliminary site plan to assure basic
residential character of the living environment is not violated.
(B) Any office development proposed shall be located in a single
location separated from the residential portion of the PUD to the greatest
extent feasible.
(C) Vehicular traffic ,patterns designed to service any proposed office
development shall be separate from any vehicular traffic patterns designed to
service the residential portion of the PUD.
(D) All office uses shall be medical and/or professional (as defined in
Section 18.06.440)in orientation.
(5) Commercial development in a residential PUD shall be subject to
the following criteria:
(A) Economics. The residential development with the PUD shall
constitute the primary market for the commercial uses within the PUD. Not
more than fifty percent of the market required to support the commercial
uses proposed shall be located outside the PUD; provided, however, that in
cases where a market analysis clearly demonstrates that existing and planned
commercial uses are inadequate to serve the needs of residents of the
surrounding area, more than fifty percent of the market justifying such
commercial uses may be allowed outside the area surrounding the PUD. In
all cases, burden of support for such commercial development is that of the
developer. in and/or
(B) Uses. All commercial uses shall be convenience shopping
service facilities. No drive-in enterprises or uses for which justification relies
primarily on through traffic are permitted; provided, however, that gasoline
service facilities which make use of the pedestrian and vehicular way in
common with other uses in terms of roofline, use of materials, and
architectural treatment may allowed.
(C) Design and Amenities. Adequate buffers and/or landscaping, and a
specific proposal for signing controls shall be provided in the preliminary site
plan to assure that the basic residential character of the living environment is
not violated. No freestanding signs shall be permitted except that one
planned district sign per street frontage identifying the center may be
allowed. Such planned district sign(s)shall not exceed ten feet in height. The
(Bozeman 11-15-76) 410-36
PLANNED UNIT DEVELOPMENT 18.75.040
design, materials, lighting, and scale of all signs shall be subdued,
noncommercial in character, and wholly compatible with the residential
qualities of the area. All interior and exterior displays and all windows
through which displays or merchandise can be seen shall not be visible from
any public right-of-way. Any commercial development proposed shall be
located in a single location separated from the residential portion of the PUD
to the greatest extent feasible.
(D) Vehicular traffic patterns designed to service any proposed
commercial development shall be separate from any vehicular traffic patterns
designed to service the residential portion of the PUD.
(E) Phases. Residential construction shall be a major portion of the
first phase of development. Completion of commercial development shall
not precede completion of residential units. (Ord. 979 § 2 (part), 1976: Ord.
935 § 24.3, 1973).
18.75.040 Development criteria. The following development criteria
apply in the PUD:
(1) Design. The PUD shall be designed and developed in a manner
compatible with and complementary to existing and potential development
in the immediate vicinity of the project site. Site planning on the perimeter
shall give consideration to protection of the property from adverse
surrounding influences, as well as protection of the surrounding areas from
potentially adverse influences within the development. In addition, the PUD
shall relate harmoniously to the topography of the site, make suitable and
similar natural features and areas, and shall otherwise be so designed as to
use such natural features and amenities to best advantage.
(2) Site Size. No minimum site size shall be required; provided, that
the development satisfies the intent and special definitions of this section
and where the development meets all other criteria of this section and all
other pertinent ordinances, regulations and laws.
(3) Location. A PUD may be located in any zoning district(s) where
PUDs are conditional uses and where the developer of the PUD can
demonstrate that the development will meet the intent of Section 18.75.010
and will not create undue detrimental effects in the district(s) in which the
PUD is to be located, in terms of environmental and/or community impact.
(4) Density. The maximum number of living units per acre of the total
surface area of the subject lands shall be as follows:
Zone Density
RS Zone Maximum density attached to zone R-1
R-1 Zone Three units per acre
R-2 Zone Five units per acre
R-3 Zone Fifteen units per acre
R-4 Zone Twenty units per acre
R-5 Zone Sixty-five units per acre
R-0 Zone Lowest maximum density of adjacent zones
B-1 Zone Lowest maximum density of adjacent zones
410-37 (Bozeman 11-15-76)
18.75.040 ZONING
Zone Density
B-2 Zone Twenty units per acre
B-3 Zone Sixty-five units per acre.
(5) Modification of Density. Character, design excellence, architectural
style, siting variation, innovative open space utilization, the provision of
recreational facilities, etc. may be considered cause for density increases up
to maximum of thirty-five percent, according to the provisions listed in this
subsection. The degree of distinctiveness and desirable variation shall govern
the amount of density increase which the city commission may approve:
(A) Landscaping including streetscape, open spaces, recreation areas,
and plazas, use of existing landscape, pedestrian way treatment, and
waterscaping;
(B) Siting, including visual focal points, use of existing physical
features such as topography, view, sun and wind orientation, circulation
pattern, physical environment, and variation of building setbacks;
(C) Design features, including architectural styles, harmonious use of
materials, parking areas broken by landscape features, and varied use of
housing types;
(D) Recreational facilities, including swimming pools, tennis courts,
improved parks featuring picnic tables, benches, ball fields, playgrounds,
high quality bike and pedestrian path systems, etc.
If the city commission finds that any of the following conditions would
be created by an increase in density, it may limit the density increase by an
amount sufficient to avoid the following conditions.
(A) Inconvenient or unsafe access to the development;
(B) Traffic congestion in streets adjoining the development;
(C) An excessive burden imposed on parks, recreational area, schools,
and other public facilities which serve or are proposed to serve the
development.
(6) Streets. The right-of-way and pavement widths for internal ways,
roads and alleys serving all residential and nonresidential buildings shall be
determined from sound planning and engineering standards and shall be
certified thereto by a competent expert or experts licensed under the laws of
the state of Montana. Internal public road right-of-way shall not be less than
sixty feet in width. In any event, all roads, public or private, shall meet
minimum right-of-way widths and pavement widths as required for the city
of Bozeman, with the following exceptions:
Minor private streets which are improved in accordance with
specifications of the city of Bozeman shall not be required to reserve
right-of-way in excess of the roadway width. The roadway width, as
measured from back of curb to back of curb may be:
(A) Minor streets with no parking, twenty feet wide;
(B) Minor streets with guest parking on one side, twenty-eight feet
wide;
(C) Minor streets with guest parking on both sides, thirty-four feet
wide.
(Bozeman 11-15-76) 410-38
PLANNED UNIT DEVELOPMENT 18.75.040
Dedicated streets shall be subject to all requirements in the Bozeman
zoning code and the Bozeman area subdivision regulations.
Dwelling areas shall only have limited access to major traffic arteries,
is both internal and external.
(7) Setbacks. No building shall be located closer than five feet to any
interior pedestrian way, court, plaza, open parking lot, or any other surface
area reserved for public use in common by residents of the PUD. No building
shall be located closer than fifty feet to any interior street or closer than
twenty-five feet to any exterior street. No building or structure, except a
wall or fence, shall be located closer to any exterior boundary than eight feet
plus three feet for each additional story over one story. Such setbacks shall
be measured from the nearest edge of a surfaced area; provided, however,
that where no sidewalk exists, setbacks shall be measured from the nearest
edge of the street right-of-way or private road easement.
(8) Yards. Minimum yard requirements shall be governed by setback
requirements; provided, that minimum side yards of contiguous buildings
shall be a minimum of eight feet plus three feet for each additional story
over one story.
(9) Common Property. When common property exists, open space
recreational facilities, etc., the ownership of such common property may be
either public or private. Satisfactory arrangements, as described in the
subdivision regulations, shall be made with the city commission for the
improvements, development, operation, and maintenance of such common
property and facilities, including private streets, driveways, service and
parking areas and recreational open space areas.
(10) Open space requirements are as follows:
(A) Required open space shall comprise thirty percent of a total area
of a PUD. Fifty percent of the required open space shall be of common
ownership. Land occupied by buildings, streets, driveways, or parking spaces
may not be counted in satisfying this open space requirement; provided,
however, that land occupied by recreational buildings and structures may be
counted as required open space.
(B) If the development is to be accomplished in phases, a phased
development schedule shall coordinate development of the open space, the
construction of the buildings, structures and improvements in such open
space, and the construction of dwelling units in order that each development
stage achieves a proportionate share of the total open space and
environmental quality of the total planned unit development.
(11) Height. All buildings and structures shall conform to the height
regulations of the zone in which the PUD is located; provided, however, that
the city commission may approve buildings and structures with greater
height when in its opinion such additional height would not have an adverse
effect on adjacent properties or on properties or developments in the
vicinity. No additional height shall be approved within one hundred feet of
any external boundary of the PUD adjacent to the land in any residential,
estates, or agricultural zone.
410-38a (Bozeman 11-15-77)
18.75.050 ZONING
(12) Off-street Parking. Off-street parking areas not under cover shall
be screened from view of nearby residences of the development by
decorative screening or other appropriate landscape features.
(13) Signs. Interior street, building and other signs shall be uniform in
design and reflect good taste in style and size and shall be subject to the
approval of the city commission.
(14) Night Lighting. Light fixtures for walks, parking areas, driveways
and other facilities shall be developed in sufficient number and at proper
location to assure safe and convenient nighttime use.
(15) Antennas. A common central radio and television antenna shall be
provided with underground cable service to at least all buildings containing
dwelling units. No other exterior radio or television antennas shall be
permitted.
(16) Fire Protection. Fire hydrants and connections shall be installed
as required by the city commission and shall be of a type approved by the
chief of the local fire district. Installation shall be part of the overall
improvement agreements for the development.
(17) Emergency Service. Any building or any dwelling unit that is
located more than one hundred feet from a public or private street or other
vehicular way shall have pedestrian access thereto capable of accommodating
emergency and service vehicles.
(18) Utilities and Services. All new utility lines and all new off-site
service utility lines necessary to serve the development shall be installed
underground.
(19) Professional Services. The developer is encouraged to obtain a
trained and experienced land planner, registered civil engineers, licensed land
surveyors, registered architect and/or landscape architect to prepare plans for
all planned unit development, to enable the most expeditious processing of
such developments. (The use, by developers, of qualified professionals to do
plans for planned unit development reduces review time required on said
developments.)
(20) Modification of Requirements. Modifications of the development
criteria of this section may be granted by the city commission when it has
been determined that such modification is necessary to accommodate special
circumstances related to the location, siting, or implementation of the
project, and to promote the public health, safety, morals, and welfare. Any
modification granted shall be fully documented, recorded, and presented at
the public hearing. (Ord. 979 § 2 (part), 1976).
18.75.050 Application and submittal requirements for planned unit
development. (a) Each application shall be in writing on a form provided
therefor by the building official. In addition to the completed application
form and a fifty-dollar or two-dollar per dwelling unit (whichever is greater)
filing fee, ten prints with one reproducible tracing of the items listed below
are normally required for scheduling a planned unit development proposal
(Bozeman 11-I5-77) 410-38b
PLANNED UNIT DEVELOPMENT 18.75.050
before the zoning commission and city commission. Prior to preparing
material for filing, the applicant should contact the planning staff to make
is precise determinations as to the content and preparation of material for
filing. The application together with exhibits attached thereto and made part
thereof by reference shall contain the following information:
(1) The name and address of the applicant;
(2) A legal description of the subject lands;
(3) A map which shall meet all of the requirements as to form and
content of a preliminary subdivision plat plan required under the provisions
of Section 3 of the adopted Bozeman area subdivision regulations;
(4) Site Plan. On a twenty-four-inch by thirty-six-inch sheet (smaller
sheets may be used) a detailed development plan which shall set forth, show
and delineate, among other things, the exact location and dimensions of the
following, to be constructed or situated therein or thereof:
(A) All portions which will be occupied by buildings,
(B) All public and private streets, all utility easements, all public and
private easements of any kind, and all area to be dedicated for public use or
conveyed to the city or county,
(C) All portions which are to be divided into separate ownership,
(D) All portions, if any, which are to be owned in common by all of
the owners of parts divided into separate ownership, and
(E) All public and private ways of pedestrian and vehicular ingress to
or egress from the subject lands;
(5) Elevations. On twenty-four-inch by thirty-six-inch sheet(s) (smaller
sheets may be used) information showing elevation(s) of the building(s)
proposed (to include accessory structures) should be shown and materials
(colors as appropriate)indicated;
(6) Floor Plans. On twenty-four-inch by thirty-six-inch sheet(s)
(smaller sheets may be used) information showing the various use areas
within the building(s) and the location of doors and windows;
(7) Conceptual Landscape Plan. On a twenty-four-inch by
thirty-six-inch sheet (smaller sheets may be used) information indicating
areas to be landscaped; tree clusters, shrubs and hedges (noting common
name and size); special elements (mounding, interest areas, water, building,
paving texture, etc.) and general circulation system;
(8) Exterior Lighting System. On eight-and-one-half-inch by
eleven-inch or eight-and-one-half-inch by fourteen-inch sheets information
showing type of fixtures proposed (perspective or elevation drawing), with
general location indicated on the site plan;
(9) Use Allocation and Density Distribution Tables. On the site plan
sheet or eight-and-one-half-inch by eleven-inch sheets information indicating
the net and gross (centerline of abutting streets) acreage for the entire
project, net acreage for major areas, and pertinent site plan facts, to include:
tables showing the area expressed in square feet or acres, and the percentage
it comprises of the subject lands for each of the following:
(A) Public streets and public easements,
410-38c (Bozeman 11-15-77)
18.75.060 ZONING
(B) Private streets and private easements,
(C) Utility easements,
(D) Portions of the subject lands to be divided into separate ownership,
(E) Portions of the subject land in common ownership,
(F) Lands which will be covered by buildings,
(G) Lands which will not be occupied by buildings,
(H) The total number of living units within the subject lands, and
showing the total number of living units per acre of the subject lands,
(1) The total number .of off-street parking spaces within the subject
lands;
(10) Covenants and other legal agreements which regulate areas or
facilities of common or restricted ownership, if any, which shall:
(A) Legally create automatic membership in a nonprofit homes or lots
association or similar instrument,
(B) Place title to any common property or facility in the homes or lots
association,
(C) Appropriately and permanently limit the uses of common property
and open space,
(D) Give each lot or unit owner the use and enjoyment of any common
property or facility,
(E) Place responsibility for operation and maintenance of the common
property and facilities in the homes or lots association,
(F) Place an association charge on each lot or unit in a manner which
will assume sufficient funds for maintenance and operation, such charge to
be a lien on the property; and provide adequate safeguards for owners
against undesirable high charges;
(11) Phased Development Schedule. If phased development is
anticipated, a development schedule, describing the phasing for the entire
PUD for all dwelling units, nondwelling structures, recreational and other
facilities, utilities and open space improvements by phase;
(12) Engineering and Fire Data. Additional drawings and data on these
subjects as appropriate;
(13) Material Sample Board. Data illustrating the exterior building
material for the proposed buildings if necessary;
(14) Such application shall contain all other information as the city
commission may require.
(b) All planned unit development submittals must respond to
appropriate city policies and codes, relate to specific action by the
commissions for subject property, and conform with the Bozeman area plan.
(Ord. 990 § 3, 1977; Ord. 979 § 2 (part), 1976).
18.75.060 Approval. (a) Generally. Approval of a planned unit
development shall be obtained through conditional use permit procedures as
specified in Chapter 18.72 and by following the adopted subdivision
regulations. When the city commission gives approval of the planned unit
development, permits shall be issued only in accordance with the approved
(Bozeman t t-1 s-77) 410-38d
PLANNED UNIT DEVELOPMENT 18.75.070
plans, stipulated conditions, development schedule and improvement
agreements.
(b) Modification. Modifications that are requrested shall be handled in
a similar manner to the initial application with the zoning commission, the
city commission, and plan conditions; except that minor modifications
which do not increase the approved density or change the approved uses may
be allowed by design review approval from the planning office and building
department.
(c) Status of Approved Plan for Planned Unit Development. The
approved policy statement and site plan for planned unit development shall
govern all development on the site. If approval is granted for subsequent
division of a planned unit development into two or more parcels, the
approved policy and plan shall govern the development on each of the
separate parcels.
(d) Subdivision of a Planned Unit Development. The city commission
may approve subdivision of a planned unit development into lots if the
commission finds that adequate provisions are enforced to insure the
perpetual maintenance of all areas and improvements proposed to be owned
in common, or to be maintained in common, and to insure that additional
development will conform with the approved policy and plan. (Ord. 979 § 2
(part), 1976: Ord. 935 § 24.7, 1973).
18.75.070 Minor planned unit development approval. An applicant
seeking to build more than one principle structure on a given lot may request
to the planning director that his development be reviewed as a minor PUD
and given summary planning staff review and approval.
(1) Waiver of Requirements. The planning director may waive all or
any part of the requirement for:
(A) Public hearings,
(B) Zoning commission review and approval, where it is determined
that the following conditions will be met:
(i) The proposed development will consist of three or less structures,
or twelve or less residential units.
(h) No density bonuses are required.
(iii) The uses proposed are uses which are allowed in the zoning district
in which the PUD is to be located.
(iv) The proposed development fulfills the intent and definition of a
PUD as outlined in Chapter 18.75.
(v) All design and site plan requirements required in Chapter 18.75 will
be satisfied.
(vi) The development is estimated not to have a significant
environmental impact.
The planning director will advise the applicant of his action by letter
within ten days of the date of submission of a request for summary review of
the minor PUD.
(2) Preapplication Plan Procedure for Summary Review. The applicant
410-38e (Bozeman 12-15-79)
18.75.070 ZONING
shall submit a preapplication development plan to the planning office for
approval in principle. This approval shall be limited to the general
compliance of the land uses and densities proposed and their
interrelationships, and shall not be interpreted to indicate final plan
40
approval.
The preapplication plan may be a freehand sketch, legibly drawn,
showing approximate boundaries, dimensions, areas and distance describing
the basic intent and concept of the development.
The planning director shall review the preapplication plan and advise
the applicant as to whether or not the development plan satisfies the criteria
for the PUD designation.
(3) Final Plan Procedure for Summary Review. Upon completion of
the preapplication plan review, the applicant shall submit to the planning
office three copies of the final development plan and supplementary
information, as outlined in Section 18.75.050.
(4) Review by Planning Office. The planning director shall review the
final development plans to assure that all conditions and requirements for
final approval have been met and will certify in a printed certificate on the
plans. A copy of the staff report and final development plan will be sent to
each member of the zoning commission. A majority of the commission can
request, within three days, that the proposed PUD be reviewed at a public
hearing.
(5) Approval by Building Inspector. The building inspector shall
examine every final development plan for a minor PUD and shall approve it
if it conforms to the conditions of final approval and the terms of Chapter
18.75. The building inspector shall certify final approval by a printed
certificate on the plans before issuance of a building permit. (Ord. 979 § 2
(part), 1976).
Chapter 18.76
TOWNHOUSE DEVELOPMENT STANDARDS
Sections:
18.76.010 Purpose and intent.
18.76.020 Definitions and general provisions.
18.76.030 Development criteria.
18.76.040 Final landscape and site improvement plans.
18.76.050 Utilities and service.
18.76.060 Conversion of existing structures.
18.76.070 Architectural treatment.
18.76.080 Maintenance of common area.
18.76.090 Common open space.
18.76.100 Compensating common open space.
18.76.110 Courtyards.
18.76.120 Setback requirements. is
(Bozeman 12-15-79) 410-38f
TOWNHOUSE DEVELOPMENT STANDARDS 18.76.010-18.76.020
18.76.130 Yard requirements.
18.76.140 Minimum distances between townhouse groups.
18.76.150 Street frontage.
18.76.160 Street system.
18.76.170 Street right-of-way width and improvements.
18.7 6.180 Ingress/egress.
18.76.190 Parking.
18.76.200 Curb cuts.
18.76.210 Landscaping.
18.76.220 Utilities and services.
18.76.230 Accessory buildings.
18.76.240 Building layout—Fire hydrant location.
18.76.250 Building design—Fire walkways.
18.76.260 Fire safety requirements.
18.76.010 Purpose and intent. (a) It is the purpose and intent of this
section to accommodate various types of unique and innovative housing
forms which are usually based upon a concept of reducing the area of
individually owned lots, and grouping such lots together to more efficiently
utilize the total space within the subdivision by creating common open
spaces, scenic and recreational areas, and other spaces which would
compensate for the reduction of land area contained within the individually
owned lot. The following standards have been developed and apply to a
variety of such attached and semidetached single-family housing forms
including but not limited to townhouses, or any other similar designation.
All other provisions contained in the Bozeman Zoning Code are applicable to
these types of housing forms unless specifically noted in this chapter.
(b) Specifically, this section is designed to allow the grouping of
separately owned one-family dwelling units into a group of townhouses in
such a manner as to make efficient, economical and aesthetically pleasing use
of land so restricted that the same will be continually well maintained in
order to preserve the health, welfare, safety and convenience of the
surrounding neighborhood and insure a reasonable amount of open space
and architectural variety. (Ord. 1006 § 1 (part), 1978).
18.76.020 Definitions and general provisions. These definitions shall be
in addition to the definitions set forth in Chapter 18.06 and shall apply
solely to townhouse developments:
(1) Townhouse. As used in this chapter "townhouse" is a one-family
dwelling unit which is part of a group of two or more such units separated
by a common party wall, having no doors, windows, or other provisions for
human passage or visibility. Each one-dwelling unit shall be attached by not
more than two party walls. Where units are offset from one another and a
common party wall is used, the wall may be placed equidistant on each side
of the lot line not exceeding the length of the offset. A townhouse is a
planned unit development as set forth in Section 18.75.
410-38g (Bozeman 12-15-79)
18.76.030 ZONING
(2) Townhouse Group. "Townhouse group" means a cluster or
grouping of townhouse units containing not less than two nor more than six
individual townhouse dwelling units contiguous to one another.
(3) Density. The overall density in a townhouse project shall not
exceed the maximum density permitted within the zoning district in which
the development is located, unless otherwise provided for under the density
bonus provisions of Chapter 18.75.
(4) Lot Area for Each Townhouse Unit. No townhouse lot shall
contain an area of less than one thousand six hundred square feet and a
minimum lot and building width of not less than twenty feet. The difference
in lot area normally required in the specific zoning district per dwelling unit,
exclusive of efficiency units, and the net land area per townhouse unit shall
be incorporated into useable and accessible common open space and/or
private or common vehicular or parking area.
(5) Townhouse Project Site. As used in this chapter, a "townhouse
project site" is the entire parcel of land for which individual townhouse units
are proposed prior to the creation of any townhouse lots.
(6) Development Districts. Townhouse development shall be allowed in
the R-3, R-4, R-5 and R-O zoning districts.
(7) Unit Size. Every townhouse dwelling unit shall have a minimum
gross floor area equal to that required in the specific zoning district in which
the townhouse unit is proposed (excludes efficiency units).
(8) Height. The maximum height for any townhouse shall not exceed
that allowed in the district in which the development is located.
(9) Dwelling Unit Access. No two townhouse dwelling units shall be
served by the same interior or exterior stairway or by the same exterior
door.
(10) Size of Development Site. The minimum size of the site to be
developed for townhouse units shall be five thousand square feet. (Ord. 1006
§ 1 (part), 1978).
18.76.030 Development criteria. (a) Density. The overall density in a
townhouse project shall not exceed the maximum density permitted within
the zoning district in which the development is located unless otherwise pro-
vided for under the density bonus provisions of the planned unit develop-
ment section of this title.
(b) Lot Area for Each Townhouse Unit. No townhouse lot shall con-
tain an area of less than one thousand six hundred square feet and a mini-
mum lot and building width of less than twenty feet. The difference in lot
area normally required in the specific zoning district per dwelling unit
(exclusive efficiency units) and the net land area per townhouse unit shall be
incorporated into usable and accessible common open space and/or private
or common vehicular or parking area.
(c) Townhouse Project Site. As used in this chapter, a townhouse pro-
ject site is the entire parcel of land for which individual townhouse units are
proposed prior to the creation of any townhouse lots.
(Bozeman 12-15-79) 410-38h
TOWNHOUSE DEVELOPMENT STANDARDS 18.76.040-18.76.050
(d) Development Districts. Townhouse development may be allowed
in the R-3, R-4, R-5 and R-O zoning districts.
(e) Unit Size. Every townhouse dwelling unit shall have a minimum
is gross floor area equal to that required in the specific zoning district in which
the townhouse unit is proposed (excluding efficiency units).
(f) Height. The maximum height for any townhouse shall not exceed
that allowed in the district in which the development is located.
(g) Dwelling Unit Access. No two townhouse dwelling units shall be
served by the same interior or exterior stairway or by the same exterior
door.
(h) Size of Development Site. The minimum size of the site to be
developed for townhouse units shall be five thousand square feet. (Ord. 1021
§ 1, 1979: Ord. 1006 § 1 (part), 1978).
18.76.040 Final landscape and site improvement plans. A detailed final
landscape plan and final site improvement plan shall be submitted and ap-
proved by both the planning director and building official prior to the
issuance of a building permit. Final plan approval shall include but not be
limited to the following:
(1) Conformance to the approved site plan;
(2) Inclusion of appropriate plan materials;
(3) All other requirements as set forth in Chapter 18.75. (Ord. 1006 §
1 (part), 1978).
18.76.050 Utilities and service. (a)Each individual townhouse unit shall
be connected to and serviced by public water and sewer lines or connected
to a central sewer and water system that has been approved by the State
Department of Health and Environmental Sciences, the city engineer, and
utility superintendent. Each individual townhouse water and sewer service
line shall be independent of service lines serving other townhouse units or
structures.
(b) When townhouse construction is proposed in areas where no utility
services are constructed and no paving exists, all utility services shall be de-
signed to provide utility stubs to lots platted for each townhouse unit before
paving. No subsequent utility service stubs will be provided to property lines
once installation of water and sewer stubs and paving of the street has
been completed.
(c) For existing multifamily platted and zoned lots and structures,
where street paving existed previous to the passage of this section, services
will be provided subject to the condition that the street blacktop in the
region of the service cuts will be removed and replaced subject to the ap-
proval of the city engineering department.
(d) All electrical and telephone lines in a townhouse development
shall be placed underground.
(e) Proper and adequate access for firefighting purposes and access to
service areas to provide garbage and waste collection, and for other necessary
410-38i (Bozeman 12-15-79)
18.76.060-18.76.080 ZONING
services, shall be provided. (Ord. 1022 § 1, 1979: Ord. 1006 § 1 (part),
1978).
18.76.060 Conversion of existing structures. Conversion of existing
structures to a townhouse project will be permitted provided all townhouse
development standards as outlined in this chapter can be satisfied. Where it
cannot be demonstrated by the applicant that the proposed conversion will
comply with appropriate subdivision and zoning regulations, the conversion
will be disallowed.
(b) A townhouse development shall be in a single ownership at the
time of development. Further a legal subdivision plat shall beplaced on the
public records of the county prior to the issuance of an building permit
within such townhouse development. (Ord. 1006 § 1 (part), 1978).
18.76.070 Architectural treatment. In any townhouse division,
architectural treatment shall be as follows: The facades of townhouses in a
group shall be varied by changed front yard setbacks and variation in
materials or design so that nor more than two abutting townhouses will have
the same front yard setback and the same or essentially the same
architectural treatment of facades and roof lines. (Ord. 1006 § 1 (part),
1978).
18.76.080 Maintenance of common area. (a) Provisions satisfactory to
the city commission shall be made to assure that nonpublic areas and
facilities for the common use of occupants of a townhouse development, but
not in individual ownership of such occupants, shall be maintained in a
satisfactory manner without expense to the general taxpayers of the city. To
this end, the incorporation of an automatic membership home association
created under recorded land agreements will be required for the purpose of
continuously holding title to such nonpublic areas and facilities, and levying
assessments against each townhouse lot, whether improved or not, for the
purpose of paying the taxes and maintaining such nonpublic areas and
facilities may include but not be limited to recreational areas, off-street
parking bays, private streets, sidewalks, street lights, and common open and
landscaped areas. Such assessments shall be a lien superior to all other liens
save and except tax liens and mortgage liens, provided the mortgage liens are
first liens against the property encumbered thereby, subject only to tax liens,
and secure indebtedness which are amortized in monthly or quarter-annual
payments over a period of not less than ten years. Other methods may be
acceptable if the same positively provide for the proper and continuous
payment of taxes and maintenance without expense to the general
taxpayers. The instrument incorporated by such provisions shall be approved
by the city commission, and shall be recorded in the public records of the
county if satisfactory to the city commission.
In the event that this or a similar entity fails to maintain the common
(Bozeman 12-I5-79)
410-3 8j
TOWNHOUSE DEVELOPMENT STANDARDS 18.76.090-18.76.100
area in accordance with the landscaping plan approved by the city com-
mission, or should the entity fail to maintain the common area in a reason-
is able condition and state of repair, the determination of such failure to be
made by the building inspector or planning director, the city commission,
may at its option through its own agents or by independent contractor, enter
the common area for purposes of maintenance thereof, together with an
additional charge of twenty-five percent of the costs for management fees,
such costs to constitute a lien upon each and every lot in the project. (Ord.
1006 § 1 (part), 1978).
18.76.090 Common open space. A minimum of thirty percent of the
site to be developed for townhouses shall be provided as common open space
where lot sizes will be reduced below the single-family lot area requirement
in the district for which the townhouse project is proposed. Fifty percent of
the space shall be unencumbered with any structure or off-street parking and
shall be landscaped and well maintained with grass, trees and shrubbery. The
remaining fifty percent may be used only as swimming pools, tennis courts,
shuffleboards, pedestrian walks, entrance features, recreation buildings,
maintenance buildings for the common areas, and other recreational uses.
(Ord. 1006 § 1 (part), 1978).
18.76.100 Open space. (a)Maintenance of Common Area.
(1) Provisions satisfactory to the city commission shall be made to
assure that nonpublic areas and facilities for the common use of occupants
of a townhouse development, but not in individual ownership of such occu-
pants, shall be maintained in a satisfactory manner without expense to the
general taxpayers of the city of Bozeman. To this end the incorporation of
an automatic membership home association created under recorded land
agreements will be required for the purpose of continously holding title to
such nonpublic areas and facilities, levying assessments against each town-
house lot, whether improved or not, for the purpose of paying the taxes and
maintaining such nonpublic areas and facilities may include but not be
limited to, recreational areas, off-street parking bays, private streets, side-
walks, streetlights, and common open and landscaped areas. Such assess-
ments shall be a lien superior to all other liens save and except tax liens and
mortgage liens, provided said mortgage liens are first liens against the prop-
erty encumbered thereby, subject only to tax liens, and secure indebtedness
which are amortized in monthly or quarter-annual payments over a period of
not less than ten years. Other methods may be acceptable if the same posi-
tively provide for the proper and continuous payment of taxes and main-
tenance without expense to the general taxpayers. The instrument incor-
porating such provisions shall be approved by the city commission, and shall
be recorded in the public records of Gallatin County if satisfactory to the
city commission.
(2) In the event that this or a similar entity fails to maintain the
410-38k (Bozeman 12-15-79)
18.76.110 ZONING
common area in accordance with the landscaping plan approved by the city
commission, or should the entity fail to maintain the common area in a
reasonable condition and state of repair, the determination of such failure
to be made by the building inspector or planning director, the city commis-
sion may, at its option through its own agents or by independent contractor,
enter the common area for purposes of maintenance thereof, together with
an additional charge of twenty-five percent of said costs for management
fees, such costs to constitute alien upon each and every lot in the project.
(b) Common Open Space. A minimum of thirty percent of the site to
be developed for townhouses shall be provided as common open space
except when one townhouse group is proposed. Fifty percent of the space
shall be unencumbered with any structure(s), and any other impervious
areas. Said areas shall be landscaped and well maintained with grass, trees
and shrubbery. The remaining fifty percent may be used only as swimming
pools, tennis courts, shuffleboards, pedestrian walks, entrance features,
recreation buildings, maintenance buildings for common areas, and other
recreational uses.
(c) Compensating Common Open Space Required.
(1) In those instances where the proposed lot has a gross area of less
than the per unit lot area requirement of the specific zoning district, com-
pensating common open space must be established and provided with the
project site.
(2) Compensating open space also allows the individual housing units
and lots to be grouped in a manner which creates economics in the installa-
tion of utilities and streets required to serve these individual private prop-
0
erties and provides an opportunity for the subdivider to design and develop
a more attractive residential neighborhood and fully utilize any natural or
topographic features which may be present on the tract being subdivided.
(d) Limitations, Courtyards.
(1) Compensating open spaces are to be considered to be only those
areas not specifically designated or used as lots, building sites for dwelling
units, building sites for utility or storage purposes, vehicular parking lots,
carports or garages or driveways thereto or streets either public or private.
(2) Courtyards which are designed to provide primary access from
groups or cluster of lots or building sites adjacent to public streets must have
an average width between the fronts of such lots or buildings of fifteen feet
with a minimum of such distance being not less than ten feet. The length of
such courtyards should not be more than one hundred feet, extending away
from the public street upon which such courtyards must open. (Ord. 1023 §
1, 1979: Ord. 1006 § 1 (part), 1978).
18.76.110 Courtyards. Courtyards which are designed to provide pri-
mary access from groups or clusters of lots or building sites adjacent to
public streets must have an average width between the fronts of such lots or
buildings of fifteen feet with a minimum of such distance being not less than
ten feet. The length of such courtyards should not be more than one
(Bozeman 12-15-79) 410-381
TOWNHOUSE DEVELOPMENT STANDARDS 18.76.120-18.76.160
0 hundred feet, extending away from the public street which such courtyard
must open on to. (Ord. 1006 § 1 (part), 1978).
18.76.120 Setback requirements. (a) Setback Variation. No more than
two abutting townhouses or townhouse clusters within the townhouse
project site shall have a common front building setback. Variations in the
setback of front building faces shall be at least four feet.
(b) Right-of-way Setback. No townhouse dwelling unit shall be located
closer than twenty-five feet from any public right-of-way nor within fifteen
feet from a private drive, access road, or common open parking area to the
front or rear of such a dwelling unit. (Ord. 1006 § 1 (part), 1978).
18.76.130 Yard requirements. (a) Front Yards. Each individual
townhouse lot shall have a front yard of fifteen feet. The city commission
may allow enclosure of front yard space if the design provides for this
feature. Townhouses may be arranged to face onto a common open area,
such a common area shall be provided for unobstructed access of emergency
vehicles. With such an arrangement, the front yard requirement as part of the
individual townhouse lot may be reduced to ten feet.
(b) Rear Yards. The minimum rear yard requirement shall be fifteen
feet to the rear property line.
(c) Private Yard Area. Every lot containing a townhouse must provide
a private yard of at least three hundred twenty square feet, oriented to either
the building front, rear, or side, enclosed visually by fences or walls at least
five feet in height or plantings to screen first level views from adjacent units.
(d) Side Yards. The minimum side yard requirement shall be eight feet
from any property line of the townhouse project site. (Ord. 1006 § 1 (part),
1978).
18.76.140 Minimum distances between townhouse groups. No portion
of a townhouse, accessory structure, or other building type in or related to
one group or cluster of contiguous townhouses shall be nearer than fifteen
feet to any portion of a townhouse or accessory structure of another
townhouse building or cluster. (Ord. 1006 § 1 (part), 1978).
18.76.150 Street frontage. Each townhouse project site must have a
frontage on a public street. Individual lots need not front on a public or
private street but may face upon common open areas subject to the parking
distance factor contained in Section 18.76.200. (Ord. 1006 § 1 (part),
1978).
18.76.160 Street system. A well-defined system shall be designed to
allow free movement throughout the development while discouraging
excessive speeds, and shall structure the development in clearly defined
clusters and/or groups of townhouses. Where dwelling units are located on
residential service streets or courts, the street system must be designed to
410-38m (Bozeman 12-is-79)
18.76.170-18.76.210 ZONING
discourage all traffic except h 1978).wner/occupants, their guests, and their
services. (Ord. 1006 § (part),
18.76.170 Street -right-of-way width and improvements. The
right-of-way width of public streets and private streets serving a group of
townhouses and the improvements
such streerein lets�(Ord 1006nform to 1§app(pab)'
city standards and requirements
1978).
18.76.180 Ingress/egress. No townhouse shall be constructed so as to
provide direct vehicular ingress or egress to any controlled access highway,
major thoroughfare, arterial, or collector street as established in the adopted
master plan. (Ord. 1006 § 1 (part), 1978).
18.76.190 Parking. A minimum of two off-street parking spaces shall be
provided for the residents of each townhouse. Such parking spaces may be
provided on the lot of the townhouse or in a commonly owned and
maintained off-street parking bay or facility; provided, that no parking space
shall be more than one hundred feet, by the most direct pedestrian route,
from the door of the townhouse it is intended to serve. Where one parking
space is provided in the front yard area, the front setback of the building
shall be a minimum distance of twenty-five feet from public rights-of-way or
a minimum distance of twenty feet from private streets or access drives,with
driveway width not to exceed twelve feet. Where two parking spaces are
provided in the front yard area, the frontage lot width shall be increased to
thirty feet, and the front setback of the building shall be a minimum
distance of twenty-five feet from public rights-of-way or a minimum distance
of twenty feet from private streets or access drives. Driveway widths shall
ng
d area is
not exceed twenty feet.of the front yard area halls be llandscap n front dr
allowed, the balance with live
vegetative ground cover. (Ord. 1006 § 1 (part), 1978).
18.76.200 Curb cuts. (a) A minimum distance of fifty feet shall be
maintained between all curb cuts. Not more than one curb cut shall be
permitted per two townhouses. A minimum corner clearance shall be fifteen
feet from property line at uncontrolled intersections and thirty feet from
property line at controlled (either signed or signalized) intersections.
(b) For those recreation buildings held in common, there shall be a
minimum of one parking space per one hundred square feet of floor area,
excluding locker rooms and bath houses.
(c) In no case shall any curb cut be permitted which, in the opinion of
the city engineer, may cause an unsafe or hazardous driving condition. (Ord.
1006 § 1 (part), 1978).
18.76.210 Landscaping. Landscaping requirements as set forth in
Section 18.69.150 shall be modified for townhouse developments so that
(Bozeman 12-15-79)
410-38n
TOWNHOUSE DEVELOPMENT STANDARDS 18.76.220-18.76.250
not less than seventy-five percent of all yards on either public or private
streets shall be landscaped.
Exception: Additional landscaping adjacent to the required front yard,
in front of the building only, may be included as part of the front yard land-
scaping to satisfy the seventy-five percent requirement, subject to planning
department review and approval. (Ord. 1031, 1979: Ord. 1006 § 1 (part),
1978).
18.76.220 Utilities and services. All townhouses must be connected to
public water and sewer lines, and all electrical and telephone lines in a
townhouse development site shall be placed underground. Proper and
adequate access for firefighting purposes and access to service areas to
provide garbage and waste collection, and for other necessary services, shall
be provided. (Ord. 1006 § 1 (part), 1978).
18.76.230 Accessory buildings. No accessory building shall be erected in
any side or front yard. An accessory building may be located in a rear yard
and shall occupy not over twenty-five percent of the rear yard area and shall
be set back at least ten feet from any alley or rear service street line. (Ord.
1006 § 1 (part), 1978).
18.76.240 Building layout — Fire hydrant location. All buildings
proposed to be constructed within any project containing private streets
must be so arranged and located that firefighting apparatus can park and
reach any building with a one hundred fifty-foot long hose extending from
such equipment. This one hundred fifty-foot hose length must be measured
as the hose is laid on the ground and may not be measured as the aerial
radius from the parking equipment. In addition, fire hydrants must be so
located and provided within the project boundaries so that four hundred feet
of fire hose, extending on the ground from the hydrant, can reach the
furthermost part of any building within the boundaries of the plat.
Entrances to all buildings containing residential dwellings must be illustrated
on the plat of any project containing private streets. (Ord. 1006 § 1 (part),
1978).
18.76.250 Building design — Fire walkways. All buildings proposed to
be constructed within any project containing private streets, and which
contain residential dwelling units and have an overall length of three hundred
feet or more, must be so designed to have one or more open unobstructed
walkways through the building at ground level, having a width of not less
than five feet each to allow ready access by firemen and policemen and their
equipment and other emergency services to each side of such buildings. In
those instances where buildings are to be constructed over and across any
private street, the unobstructed overhead clearance must not be less than
fourteen feet, measured between the highest point of the private street
paving under the structure and the lowest part of the building structure or
410-38o (Bozeman 12-15-79)
18.76.260 ZONING
associated parts th reof and
suitable§ 1 (part),restrictions to this condition must be
noted on the pla
use developments shall
18de fir 0 ire ntor adjacent�tots.the ar
ea t obe developed as required
provide fire hydrants
by the fire department. (Ord. 1006 § 1 (part), 1978).
(Bozeman 12-15-79)
410-3 8p
MOBILE HOME PARKS 18.78.010-18.78.030
Chapter 18.78
MOBILE HOME PARKS
Sections:
18.78.010 Intent.
18.78.020 Definitions.
18.78.030 Permitted uses.
18.78.040 Regulations deemed supplementary.
18.78.050 Permits.
18.78.060 Licenses.
18.78.070 Design standards.
18.78.080 Approval.
18.78.010 Intent. The intent of this chapter is to provide for mobile
home park development at appropriate locations and to establish standards
for development in order to integrate mobile homes into an area without
adversely affecting surrounding properties and to provide safeguards for
residents of mobile homes. (Ord. 935 § 25.1, 1973).
18.78.020 Definitions. For the purpose of this chapter, definitions in
Chapter 18.06 shall apply except for the following terms:
(1) "Density" means the number of mobile home units per acre;
(2) "Lot" means the total area reserved within a mobile home park for
the placement of one mobile home and the exclusive use of its occupants;
(3) "Mobile home stand" means that part of an individual lot which
has been reserved for the placement of a mobile home, appurtenant
structures or additions;
(4) "Recreation area" means an area including open space and
playgrounds and buildings and apparatus designed for recreational activities
set aside for the use of the mobile home park residents;
(5) "Site" means the entire gross area of the mobile home park. (Ord.
935 § 25.2, 1973).
18.78.030 Permitted uses. Permitted uses in mobile home parks are as
follows:
(1) Accessory buildings and uses customarily incidental thereto. No
part of any park shall be used for nonresidential purposes, except such uses
that are required for direct servicing and well-being of park residents and for
management and maintenance of the park. Nothing in this section shall be
deemed as prohibiting the sale of a mobile home located on a mobile home
stand and connected to the pertinent utilities;
(2) Mobile homes;
(3) Signs as follows: (A) One entry and one exit sign at each access
drive onto public right-of-way. In no case shall the sign be larger than two
square feet in surface area, nor have any moving parts, B. one identification
sign on each major street frontage, approved in conjunction with the final
410-39 (Bozeman 11-15-73)
18.78.040-18.78.070 ZONING
site plan on the mobile home park. In no case shall such a sign be larger than
forty square feet in surface area nor have any moving parts or flashing lights
nor stand higher than the height limitation within the district of the
proposed location of the mobile home park. Such sign shall be no closer to
public right-of-way line than twenty feet. (Ord. 935 § 25.3, 1973).
18.78.040 Regulations deemed supplementary. The regulations in this
district shall not be interpreted so as to supersede or amend any state or
federal regulations pertaining to mobile home park development. These
regulations are intended to be supplemental to other established mobile
home park regulations and their amendments. When the standards and
regulations in this district are more restrictive than other established
standards and regulations, the more restrictive shall be used. (Ord. 935 §
25.4, 1973).
18.78.050 Permits. It is unlawful for any person to construct, alter, or
extend any mobile home park unless he holds necessary valid permits issued
by the Division of Environmental Sanitation, State Department of Health
and the city building official. (Ord. 935 § 25.5, 1973).
18.78.060 Licenses. It is unlawful for any person to operate any mobile
home park unless he holds a valid license issued by the city director of
finance. (Ord. 935 § 25.6, 1973).
18.78.070 Design standards. Any person desiring to enlarge or establish
a mobile home park shall meet or exceed the following design standards:
(1) Site. The mobile home park site shall not be exposed to smoke,
dust, noise, odors, or other adverse influences which might create damage to
property or bring harm to occupants of the park.
(2) Site Size. Minimum size for a mobile home park shall be ten acres
with a minimum of fifty lots.
(3) Density. The maximum density of mobile home parks shall be
regulated by separation requirements, lot area requirements, and recreation
area requirements as set forth in this title. In no case shall the density of a
mobile home park exceed the density of the district in which it is located.
(4) Site Coverage. Maximum mobile home lot coverage shall not
exceed fifty percent. Coverage means any man-made apparatus.
(5) Access. All mobile home parks shall have access to a collector
street.
(6) Lot Size. Minimum lot area shall be five thousand square feet with
no less than fifty feet of lot width where both municipal or community
water and sanitary sewer systems are available. Where community systems
are not available, lot size will be determined by soil and water conditions and
approved by the State Board of Health.
(7) Mobile Home Stand. Each mobile home lot shall be provided with a
well drained stand with a firm base, approved by the city engineer, for the
(Bozeman 11-15-73) 410-40
MOBILE HOME PARKS 18.78.070
placement of the mobile home. Each stand must be at least twelve feet by
fifty feet for single-wide units and twenty-four feet by fifty feet for
double-wide units.
(8) Setback. All mobile homes and accessory buildings shall be set back
not less than twenty feet from all property lines except front property lines
and street property lines. Front and street setbacks shall be the same as the
front yard requirements of the district in which the mobile home park is to
be located.
Within the mobile home park, mobile homes shall be located a
minimum of twenty-five feet apart side to side, a minimum of fifteen feet
apart rear to rear or end to end or side to rear, a minimum of fifteen feet
from any interior roadway and twenty-five feet from any public roadway.
Any accessory structure such as attached awnings, carports, etc., shall, for
the purpose of this section, be considered a part of the mobile home.
(9) Height. Maximum height for any structures within a mobile home
park shall be that of the district in which the park is to be located.
0 0) Streets. All mobile home parks shall be provided with safe and
convenient vehicular access from abutting public streets and throughout the
mobile home park.
Street widths should be of adequate widths to accommodate any
contemplated parking and expected traffic load, but, in all cases, shall meet
the following minimum requirements:
(A) Collector streets with guest parking thirty-six feet wide face of
curb to face of curb;
(B) Collector streets with no parking twenty-two feet wide face of curb
to face of curb;
(C) Minor streets with no parking twenty feet wide face of curb to face
of curb;
(D) All dead end streets shall be limited to a maximum length of five
hundred feet and shall be provided with a cul-de-sac of at least one hundred
feet in diameter;
feet. (E) Minimum access width to each mobile home stand shall be twelve
(11) Parking. Off-street parking spaces shall be provided in convenient
locations and in sufficient numbers to meet the needs of the occupants of
the mobile home park and their guests but in no case shall the number of
spaces be less than two spaces per lot plus an additional space for each four
lots.
Minimum size of each parking space shall be nine feet in width by
twenty feet in length.
(12) Walks. Safe, convenient, all season walks, minimum width of five
feet shall be provided in locations where pedestrian traffic is concentrated.
0 3) Recreation Area. A minimum of ten percent of the gross site area
shall be reserved for park and recreation development. Such areas shall be
cumulated into central locations and shall be designed with trees, grass,
benches, recreational equipment, etc., in relation to park residents.
410-41 (Bozeman 11-15-73)
18.78.070 ZONING
(14) Landscaping. Landscaping may be required to provide a buffer
between mobile home parks and adjacent properties in other district
classifications.
Examples of what may be required are:
(A) A greenbelt planting strip of not less than twenty feet in width
along the perimeter of the mobile home park where it abuts public
right-of-way or an area zoned in any other district classification. The
greenbelt shall be developed with a mixture of hardy deciduous and
coniferous plant material, grass or ground cover and maintained thereafter in
a neat and orderly manner.
(B) A continual ornamental wall six feet in height above grade, erected
one foot off property line abutting property of another district classification
and six feet from public rights-of-way. Such wall shall be landscaped with
suitable plant materials along both sides of the wall except where prohibited
by Section 18.69.010.
(15) Utilities. Utilities shall be provided in the following manner or by
an alternative manner approved by the city commission:
(A) All sanitary sewage utilities and water facilities, including
connections provided to individual lots, shall meet the requirements of the
city of Bozeman.
(B) The plumbing connections to each mobile home lot shall be
constructed so that all lines are protected from freezing, from accidental
bumping or from creating any type of nuisance or health hazard.
(C) An adequate amount of running water shall be piped to each
mobile home.
(D) Storm drainage facilities, where necessary, shall be so constructed
as to protect those that will reside in the mobile home park as well as the
property owners adjacent to the park. Such park facilities shall be of such
capacity to insure rapid drainage and prevent the accumulation of water in,
or adjacent to, the park.
(E) All electric, telephone and other lines from supply poles to each
mobile home lot shall be underground. When meters are installed they shall
be uniformly located.
(F) All fuel lines leading to mobile home lots shall be underground and
so designed as to conform with the Bozeman Plumbing Code and any state
code that is found to be applicable. When separate meters are installed, each
shall be located in a uniform manner.
(G) Facilities for the storage and disposal of trash and garbage in a
sanitary and lawful manner shall be provided in each mobile home park.
(H) When exterior television antenna installation is necessary, a master
antenna shall be installed and extended to individual stands by underground
lines. Such master antenna shall be so placed as not to be a nuisance to park
residents or surrounding areas. Cable TV, when used, shall have the cable
located underground.
(I) Street and yard lights, attached to standards approved by the city
shall be provided in sufficient number and intensity to permit the safe
(Bozeman 11-15-73) 410-42
TRAVEL TRAILER PARKS 18.78.080-18.81.020
movement of vehicles and pedestrians at night, and shall be effectively
related to buildings, trees, walks, steps, and ramps.
(J) The erection, construction, reconstruction, repair, relocation
and/or alteration of all permanent buildings and structures located within a
mobile home park shall conform to the requirements of the Uniform
Building Code adopted by the city of Bozeman and any regulations within
Regulation No. 53-43-8, Montana State Department of Health.
(K) All mobile home parks developed under this title shall comply with
Montana State Department of Health's Regulation No. 53-43-8 or any
amendment thereto concerning plumbing and electrical requirements.
(16) Fire Protection. The water supply system serving the mobile home
park shall be subject to the rules and regulations of the local fire prevention
authority or the system shall meet the standards for adequate fire protection
established by the National Fire Protection Association Standard NFPA No.
501 A, whichever is more stringent. Nonetheless, fire protection systems
must be approved by the city fire chief. (Ord. 935 § 25.7, 1973).
18.78.080 Approval. Approval of a mobile home park shall be obtained
through conditional use permit procedure as specified in Chapter 18.72. The
city commission may require other standards and safeguards as specific
locations and circumstances dictate and as provided under Chapter 18.72.
(Ord. 935 § 25.8, 1973).
Chapter 18.81
TRAVEL TRAILER PARKS
Sections:
18.81.010 Intent.
18.81.020 Definitions.
18.81.030 Permitted uses.
18.81.040 Conflict with other laws.
18.81.050 Permits.
18.81.060 Licenses.
18.81.070 Design standards.
18.81.080 Approval.
18.81.010 Intent. The intent of this chapter is to provide for travel
trailer park development at appropriate locations and to establish standards
for development in order to integrate travel trailer parks into certain areas of
the community without adversely affecting surrounding properties. (Ord.
935 § 26.1, 1973).
18.81.020 Definitions. For the purpose of this chapter, definitions in
Chapter 18.06 shall apply except for the following terms:
"Site" means the entire gross area of the travel trailer park. (Ord. 935 §
26.2, 1973).
410-43 (Bozeman 11-15-73)
18.81.030-18.81.070 ZONING
18.81.030 Permitted uses. Permitted uses for travel trailer parks are as
follows:
(1) Accessory uses related to park management and occupant need and
enjoyment and according to the following schedule: management
headquarters, recreational facilities, toilets, showers, coin-operated laundry
facilities, gift and souvenir shops and other uses and structures customarily
incidental to operation of travel trailer parks;
(2) Other uses may be allowed when approved by the city commission
and in conformity to the following limitations:
(A) That such uses including parking areas occupy not more than ten
percent of the total park area.
(B) That such use shall be restricted in use to occupants of the park or
so located that the use will not interfere with the park use.
(C) That the use is a permitted use of the district in which the park is
to be located;
(3) Signs in accordance with the Sign Code of the city of Bozeman;
(4) Travel trailer parks may be used for: travel trailers, equivalent
facilities in or on automotive vehicles, tents, or other short term recreational
shelter arrangements on a temporary basis only. (Ord. 935 § 26.3, 1973).
18.81.040 Conflict with other laws. If there appears to be a conflict
between the regulations and standards in this chapter with any other local,
state, or federal regulation for travel trailer parks, the more restrictive
regulation shall be followed. (Ord. 935 § 26 4, 1973).
18.81.050 Permits. It is unlawful for any person to construct, alter, or
extend any travel trailer park unless he holds necessary valid permits issued
by the Division of Environmental Sanitation, State Department of Health
and the city building official. (Ord. 935 § 26.5, 1973).
18.81.060 Licenses. It is unlawful for any person to operate any travel
trailer park unless he holds a valid license issued by the city director of
finance. (Ord. 935 § 26.6, 1973).
18.81.070 Design standards. Any person desiring to enlarge or establish
a travel trailer park shall meet or exceed the following design standards:
(1) Size. Minimum site size for travel trailer parks shall be two acres.
(2) Access. All travel trailer parks shall have access to an arterial or
collector street with a right-of-way width of eighty feet or more which is a
through route for tourist traffic. Entrances and exits shall be designed for
safe and convenient movement of traffic into and out of the park, and to
minimize congestion of free moving traffic on adjacent streets.
(3) Setback. All lots for travel trailer or other temporary shelter
apparatus and all accessory buildings shall be set back at least twenty-five
feet from all property lines. The area created by such setback shall be used
for landscaping to screen travel trailer parks from adjoining properties as
(Bozeman 11-15-73) 410-44
TRAVEL TRAILER PARKS 18-81.080
directed by the city commission.
(4) Height. Maximum height for any structure within a travel trailer
40 (5)
park shall be that of the district in which the park is to be located.
within the
convenient trcetsirculation �Without streets i terference or hazard
provide for safe
activities. d to general park
(6) Service Areas. Service areas shall be provided in the following
manner:
(A) At least one service building containing necessary toilet and other
Plumbing fixtures specified shall be provided in the park. Service buildings
shall be conveniently located with a radius of approximately three hundred
feet to all spaces to be served. Laundry facilities shall be required in addition
to the following. If commercial laundry facilities are conveniently located to
the trailer park, the laundry facility requirement may be considered for
waiver by the city commission.
Number of
Dependent Toilets Urinals Lavoratories Other
Parking Showers Fixtures
Spaces Men Women
1-15 1 1 Men Men Women Men Women
16-30
15 1 2 1 1 1 1 1 At least
31-45 2 2 2 2 1 1 one
46-60 2 3 3 3 1 1 janitor
2
3 3 2 2 sink per
61-80 3 4
81-100 3 q 2 4 4 2 2 service
2 4 4 3 3
building
(B) Facilities for storage and disposal of trash and garbage in a sanitary
manner shall be provided in each park.
(C) Street and yard lights, attached to standards approved by the city,
shall be provided in sufficient number and intensity to permit safe
movement of vehicles and pedestrians at night, and shall be effectively
related to buildings, trees, walks, steps, and ramps.
(7) Parking. Parking for all uses within the travel trailer park shall be
provided in accordance with Chapter 18.84. (Ord. 935 § 26.7, 1973).
18.81.080 Approval. Approval of a travel trailer park shall be obtained
through conditional use permit procedure as specified in Chapter 18.72. The
city commission may require other standards and safeguards as specific
locations and circumstances dictate and as provided in Chapter 18.72. (Ord.
935 § 26.8, 1973).
410-45 (Bozeman 12-15-79)
18.84.010-18.84.020 ZONING
Chapter 18.84
OFF-STREET PARKING AND LOADING*
Sections:
18.84.010 Intent.
18.84.020 Definitions.
18.84.030 General provisions.
18.84.040 Design.
18.84.050 Minimum off-street parking requirements.
18.84.010 Intent. The intent of this chapter is to reduce traffic conges-
tion and the need for parking on public streets and hazards caused thereby,
to provide off-street parking and off-street loading berths adequate for each
type of development in terms of both quantity and location, and to provide
for landscape development in and adjacent to parking areas. (Ord. 1028 § I
(part), 1979).
18.84.020 Definitions. For purposes of this chapter, certain words and
phrases are defined and shall be construed as set forth in this section:
(1) Floor Area. As used in this chapter, "floor area" shall mean the
"gross floor area" of a building except 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;
(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 elevator shafts;
(H) Corridors connecting rooms or suites of rooms;
Provided, however, at the election of the owner thereof, "floor area" shall
mean eighty-five percent of the "gross floor area" of the building (without
deduction of exceptions (A) through (H) set above). Such election shall be
made in writing to the building official and shall be signed and acknowledged
by the owner and shall be filed with the building official prior to the issu-
ance of a building permit for such building.
(2) Gross Floor Area. "Gross floor area" shall mean the sum of the
gross horizontal areas of the several floors of the building (including floors
below as well as above ground) confined within the interior faces of the
exterior walls of the building. A party wall between buildings shall be
deemed an exterior wall of each of the buildings of which it is a part.
(3) Number of Employees. As used in this chapter, "number of em-
ployees" means the greatest number of employees who are or may be on the
*Prior Ordinance History:Ord.935 as amended by Ords. 1007,1026 and 1027.
(Bozeman 12-15-79)
410-46
OFF-STREET PARKING AND LOADING 18.84.030
0 premises during any one average working shift or period of time of the day
or night, as determined by the building official.
(4) Parking Lot. "Parking lot" means a structure or an area other than
a public street or alley, together with and plus such ways of ingress, egress
and maneuvering areas,designed or used for the temporary parking of motor
vehicles serving a use permitted in the district in which such parcel is situ-
ated, and available for public use whether free, for compensation, or an ac-
commodation for customers or clients.
(5) Parking Space,Off-street. "Off-street parking space" means an area,
other than a public street, alleyway or other public property (and exclusive
of off-street loading spaces) permanently reserved or set aside for the parking
of one automobile or other motor vehicle under one and one-half-ton capa-
city as set forth in this chapter. (Ord. 1028 § 1 (part), 1979).
18.84.030 General provisions. (a) Erection or Moving of Buildings — Use
Thereof. No building shall be erected, constructed, or moved unless there is
provided and all times thereafter maintained for such building and its use,
a minimum number of off-street parking spaces as specified in this chapter.
(b) Enlargements, Change of Use, etc., of Buildings. No building or
structure shall be enlarged, altered, converted, or changed in use, unless there
is provided and thereafter maintained for such building and its use, a mini-
mum number of parking spaces as required in this chapter; provided,
however, that if such alteration, enlargement, conversion,or change does not
either by itself or taken cumulatively in conjunction with any prior enlarge-
ments, alterations, conversions,or changes increase by more than fifteen per-
cent either the number of parking spaces theretofore required or the number
which would have been required if the building had been newly constructed,
erected, or moved, then in such event no additional parking spaces need be
provided.
(c) No Reduction in Off-street Parking Spaces. Off-street parking
spaces existing and actually being used for the parking of automobiles or
other motor vehicles in connection with the use of an existing building shall
not be reduced in number or size, during the entire life of such building or
land use, below that which would be required for a new building or use of a
similar type.
(d) Fractional Spaces. If the number of off-street parking spaces
required in this chapter contains a fraction, such number shall be changed
to the nearest whole number.
(e) Uses Not Mentioned. In the case of a use not specifically mentioned
in this chapter, the requirements for the most nearly similar use which is so
mentioned shall apply. The decision of the building officials as to what is the
most nearly similar use shall apply.
(f) Combined Occupancies. Where two or more uses are combined in
one development, the total parking spaces shall be the sum total of the
spaces required for each individual use. Off-street parking for one use shall
not be considered for joint use except as specified in this chapter.
410-47 (Bozeman 12-15-79)
18.84.030 ZONING
(g) Joint Use. The building official may authorize the joint use of off-
street parking facilities for the following uses or activities under the condi-
tions,specified
(1) Up to fifty percent of the required off-street parking for primarily
nighttime uses such as theaters, bowling alleys, bars, or supper clubs may be
supplied by the parking requirements for primarily daytime uses such as
banks, offices, retail, and personal service establishments.
(2) Subsection (g)(1) of this section, may be reversed so that parking
for nighttime uses may be used for daytime activities.
(3) Up to fifty percent of the parking facilities required by this chapter
for churches or auditoriums may be supplied by the parking facilities
provided for uses primarily of daytime nature.
(4) Where joint use is desired, an application shall be made to the
building official. The application shall contain proof that there will be no
substantial conflict in the principal operating hours of the two buildings or
uses for which the use is proposed; that all other conditions within this
chapter are met;and legal documents executed by the parties involved in the
joint use guaranteeing use of both parties. The legal document shall be ap-
proved by the city attorney and recorded with the county clerk and
recorder.
(h) Exceptions, Modifications — B-3 District. All uses within an
adopted B-3 district shall comply with the provisions of this chapter and any
additional regulations for off-street parking and loading adopted by the
Bozeman parking commission. All new and expanded uses of property and
buildings within the B-3 district subject to the jurisdiction of the Bozeman
parking commission shall either provide parking spaces as required in this
chapter or an equivalent cash-in-lieu payment, as set forth in subdivisions (1)
and (2) of this subsection (h).
Excess parking spaces above the required number of spaces for the use
(building and/or property) existing at the time of application for exchange
or expansion of an existing use or the institution of a new use shall be
credited toward meeting the required parking spaces.
(1) Cash-in-lieu Payments. Where all or part of the required parking
spaces cannot be provided for a proposed use either through ownership or
lease of the necessary land, and where a variance from the off-street parking
requirements has not been granted by the board of adjustment, the peti-
tioner may satisfy the parking requirements by providing an equivalent cash-
in-lieu payment.
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 Boze-
man department of finance.
The Bozeman 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 building inspector before a
building permit is issued or the use instituted.
(Bozeman 12-15-79) 410-48
OFF-STREET PARKING AND LOADING 18.84.040
(2) Cash-in-lieu Fee. For each required parking space not provided,an
appropriate payment shall be made to the city finance director as specified
by city commission resolution.
All funds received under the provisions of this chapter shall be deposit-
ed in an interest bearing account and unless otherwise directed by the city
commission shall be used for the acquisition of additional parking stalls and
for the renovation and resurfacing of same.
The cash-in-lieu fee may be revised at the discretion of the city commis-
sion, upon the recommendation of the parking commission, to reflect chang-
ing market values.
(3) Existing Special Improvement Districts. All real property assessed
by Special Improvement District (SID) #565 or other similarly adopted
improvement districts designed to provide additional parking spaces within
the B-3 district shall be exempt from the requirement to provide additional
parking spaces as contemplated by those assessments, provided the use of
said real property and improvements remain unchanged from the initial
assessments of SID #565 or other similarly adopted improvement districts.
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#565
or other similarly adopted improvement districts, then parking space require-
ments shall be satisfied prior to initiation of those new or expanded uses.
(Ord. 1028 § 1 (part), 1979).
18.84.040 Design. (a) Location. Off-street parking area(s) as required by
this chapter shall be located as specified in this section.
(1) Single-family dwellings: on the same lot with the dwelling they are
required to serve;
(2) Multifamily dwellings: on the same lot with the dwelling they are
required to serve;
(3) Hospitals, sanitariums, apartments, rooming- and boardinghouses,
fraternity and sorority houses: within one hundred feet of the use to be
served and located in the same district as the principal use;
(4) Commercial and industrial uses: within four hundred feet of the
use they are required to serve and located in the same district as the principal
use.
Where a distance is specified, such distance shall be measured by a
straight line from the nearest point of the building such parking area is
required to serve.
Off-street parking areas must be accessible by a public street or alley
and shall be owned or leased by the owner or lessee of the building or use
being served by such parking. Such parking lot shall be maintained as a park-
ing lot so long as the building and/or use served is in operation or until
another suitable parking area is established for such building or use.
Required parking spaces shall be located so as to preclude backing
maneuvers onto any public right-of-way from any use, with the exception
of single and multifamily dwellings, as defined in this ordinance. Required
410-49 (Bozeman 12-15-79)
18.84.040 ZONING
parking spaces shall not be located in any required front or side yard.
(b) Screening.
(1) Any off-street parking lot built to serve any commercial or indus-
trial use with more than five vehicles which adjoins or faces properties sit-
uated in any residential district shall be screened by a wall or solid fence
not less than six feet nor more than eight feet in height.
(2) If the lot area used for parking is placed between the required land-
scaped yard abutting a public or private street and the structure(s),
view-obscuring screening of the parking area shall be established in the rear
portion of the landscaped yard area. (See Figures 1 and 2 of Ordinance
1028, on file in the office of the city clerk.) The required screening shall
contain at least one or more of the following design elements: low-profile
vegetative ground cover not to exceed two feet in height at maturity and/or
earth berms. (See Figure 2.) No single design element shall comprise more
than fifty percent of the required screening. The required screening shall be
at least two feet but not more than three feet in height.
The screening design shall include at least one tree per fifteen lineal feet
of public or private street frontage, planted on fifteen-foot centers.
So as to minimize potential vandalism,
the required view-obscuring
screen shall not have a continuous frontage, but shall contain intermittent
breaks of at least six feet, but not more than ten feet in length. (See Figure
1.) The individual segments of the screening shall not be less than fifty feet
nor more than eighty feet in length. (See Figure 1.) However, where a
specific lot frontage does not permit full compliance with this requirement,
these dimensions may be reduced or modified so that the intent of this
requirement can be satisfied.
(3) (A) Notwithstanding other provisions of this chapter in any dis-
trict, fences, walls, hedges or other plantings may be permitted in any
required yard; provided, that nothing shall be erected, placed, planted, or
allowed to grow in such a manner so as to materially impede vision beyond a
height of two and one-half feet above centerline grades of the intersecting
streets in the area bounded by street lines of such corner lots and a line join-
ing points along said street lines forty feet from property lines at their inter-
section,thus forming a sight triangle at the intersection. (See Figure 3.)
(B) Notwithstanding other provisions of this chapter in any district,
fences, walls, hedges or other plantings may be permitted in any required
yard; provided, that nothing shall be erected, placed, planted, or allowed to
grow in such a manner as to materially impede vision beyond a height of two
and one-half feet above centerline grades of streets in the area of curb cuts
bounded by street lines of driveway accesses and a line joining points along
said street lines fifteen feet from curb cuts' intersection with the street, thus
forming a sight triangle at the intersection of the street and the driveway.
(See Figure 4.)
(4) Service, storage and refuse areas or structures shall be screened
from view of any residential district or public street with a continuous plant-
ing, hedge, solid fence or masonry wall. Average height of the screening
(Bozeman 12-15-79)
410-50
OFF-STREET PARKING AND LOADING 18.84.040
material shall be one foot more than the height of the enclosed structure,
but shall not be required to exceed eight feet in height.
(c) Landscaping. For the purpose of this section, landscaping means
any combination of living plants such as trees, shrubs, vines
flowers or lawns; and may include natural features such as d ground o at e covers,
stone and bark, and structural features, including but not limited to foun-
tains, reflecting pools, art works, screen walls, fences and benches.
Parking areas shall be subject to the following landscape criteria:
(1) A minimum of seventy-five percent of the required landscaped
parking areas shall have a live vegetative ground cover of grass or other plant
materials and a water/irrigation system to sustain said plantings in a contin-
uous, healthy growth. The remaining twenty-five percent maximum may be
covered with rock, stone, bark, etc., and other impermeable features includ-
ing sidewalks and driveways.
(2) Any use having more than fifteen parking spaces shall have, in
addition to required yard areas, six percent of the gross interior parking area
landscaped. Trees shall be the major design element in all parking lots and
shall include, specifically, one tree per three parking spaces. Tree sizes shall
be a minimum of one and one-half-inch caliper for deciduous trees or a mini-
mum of four feet in height for coniferous trees.
(3) In order to encourage the required landscape area to be properly
dispersed, no required internal landscaped area shall be larger than two
hundred square feet. (See Figure 5.) The minimum width of these land-
scaped areas shall be five feet. (See Figure 6.)
(4) All landscape/screening plans shall be prepared by and certified to
by a licensed architect, landscape architect, or nurseryman for uses requiring
more than fifteen parking spaces.
(5) All landscape/screening plans shall be a department prior to the issuance of a buildingPpr°ved by the planning
(d) Construction. Permit.
(1) Surfacing. Every off-street parking, loading and driveway area shall
be paved with asphaltic or Portland cement concrete, except for single-
family development on individual lots.
Surfacing shall be designed by accepted engineering methods, subject
to the approval of the city engineer.
(2) Drainage. All off-street parking and loading areas shall be graded
and drained so as to adequately dispose of all surface water generated by
that impervious surface. Drainage plans for uses requiring more than ten
parking spaces shall be submitted and approved by the city engineer prior to
the issuance of a building permit.
(3) Walkways. Walkways a minimum of three feet in width shall be
provided between any building and adjacent parking lot. Where sidewalk
curbs serve as wheel stops, an additional two feet of sidewalk width is
required.
(4) Lighting. Lighting used to illuminate a parking area shall be arrang-
ed in such a manner that it will not be a hazard to passing motorists or con-
410-SOa
(Bozeman 12-15-79)
18.84.040 ZONING
stitute a nuisance of any kind.Where said parking area is within one hundred
zoned residential by this chapter and where the
parking area is directly visible by
fifty feet any property the residents within one hundred fifty
is
feet, illuminating devices shall shaded in a manner that would direct light
away from the residential property. inches
(5) Wheel Stops. Wheel stops shall be installed at least sixty
from all adjacent sidewalks, fences, landscaped areas and walls. Such stops
piece at least sixty inches long and five inches
shall be either a concrete p parkin surface, or a continuous concrete
high and affixed securely to the p provided other design features will
curb. This requirement may be modified p
be equally effective in prohibiting a vehicle from obstructing s sidewalk
which or
making contact with a wall, fence or landscaped sh area, protected from
promote safe peill
destrian access. All landscapedperimeter
vehicular traffic with the
of wheel stops adjacent asprev previously described in this sub-
of such landscaped
section. (See Figures 7 and 8.) aces shall be designated by pave-
(6) Traffic Control Devices.Parking spaces
ment markings. All traffic control
rails, curbs, and other similardevelopment proposals hall bevement installed nstalledl and completed as shown on the approved parking plan.
(7) Maintenance. Standards and conditions of this goosecd repair,air shall be
maintained, all surfacing and lighting shall be kept g fr n
scaping shall be kept free of weeds and properly watered, and in a ceeof
ous healthy growth, and walls and screening kept in good repair,
broken or missing parts or graffiti.
(8) Accesses. The accesses to parking lots will be governed by the curb
cut policy of the city engineering department.
(9) Improvement Schedule. All parking area improvements to include
surfacing, drainage, walkways, lighting, landscaping, screening, traffic con-
trol, etc., shall be installed before occupancy of the building or use to be
served by such parking. Where parking area improvements will not be com-
pleted before occupancy of the building, a performance bond or an irrevoc-
im-
able letter of credit will be accepted for
the completion
pedit shall be equalrto one
provements. The performance bond o letter o
and one-half times the cost of the parking area improvements. A cost estl
mate for improvements not installed at the time
iPerof occup eabondsall bepre-
sented to the building official for app improvements shown on the
of credit will not be released until all required imp
approved plan are installed and accepted. Foreclosure proceedings shall be
brought against the performance bond or not been ompletedawithin twelveleer of redit if the
months of
required improvements have
the posting of the bond or letter of credit.
(10) Snow Removal Areas.ion on srte.rage Sald areas shall not eas shall be provided
unsafe
suf-
ficient to store snow accumulation deposited on
ingress/egress right-of-ways,
ght- - the parking and shallrnot beall not cause snow to be pla placed in such a manner as todamage
public right-of way ,
landscaping.
410-50b
(Bozeman 12-15-79)
OFF-STREET PARKING AND LOADING 18.84.040
(e) Parking Plan Submission and Approval.
0) Uses Involving Ten Parking Spaces or Less. One copy of the site
plan for the proposed off-street parking area shall be submitted to the build-
ing department in conjunction with the application for a building permit for
the building which the parking will serve;provided said use is a permitted use
not requiring a conditional use permit.
(2) Uses Involving More Than Ten Parking Spaces. Three copies of the
site plan of the proposed off-street parking facility shall be submitted to the
building department either at the time of application for a conditional use
permit or in conjunction with an application for a building permit. The
building department shall forward one copy to the planning department, and
shall retain one copy for their files.
(3) Plan Requirements. The plan shall clearly indicate the parking area
including, but not limited to, number of spaces, traffic-control structures,
curb cuts, aisles, lighting, landscaping, fencing, and stormwater control.
Additional information may be required by either the engineering, planning
or building departments.
(4) Submittal Requirements. The site plan shall be drawn at a mini-
mum scale of one inch equals twenty feet, fully dimensioned, and where
applicable shall include the following information:
(A) Title Block. Scale, north arrow, date, names of owner, applicant,
and person preparing plan, along with phone numbers and addresses of each;
(B) Parcel Dimensions. All existing lot lines as recorded in the county
clerk and recorder's office;
(C) Grades. Existing and proposed;
(D) Streets. Existing and proposed, accurate plan lines (street dedica-
tions) and improvements (sidewalks, curbs, gutters, driveways, and street
landscaping);
(E) Drainage Facilities. Show location of existing and/or proposed
facilities which are to be used for drainage control;
(F) Traffic Circulation. Completely dimensioned parking layout (angle
of parking, dimensions of internal driveways and approaches from streets,
aisles, number of parking stalls and loading spaces, pedestrian ways, vehicle
ingress and egress to buildings) and lighting facilities;
(G) Utilities. Show location and dimensions of all existing and pro-
posed utility easements;
(H) Structures. Location, dimension (size and height) and use of exist-
ing and proposed buildings, fences and walls. Show open stairways and other
projections from exterior building walls;
(1) Elevations. Front and side of buildings, fences and walls with height
dimensions;
(J) Yards. Distances between exterior walls of structures and property
lines. Clearly delineate storage,refuse and service areas;
(K) Landscaping. Landscaping plans shall be drawn at a scale of one
inch equals twenty feet and must show:
(i) Percent of site to be landscaped,
410-50c (Bozeman 12-15-79)
18.84.040 ZONING
(ii) Plant legend showing total number of plants and trees,by common
names, and estimated sizes at time of installation and at maturity,
(iii) Location of individual plants and trees, showing approximate dis-
tance from roadways and buildings,
(iv) Description and location of additional groundcover,
(v) Description and location of any proposed ornamental landscaping
elements (colored and crushed rock, gravel, large boulders, wagon wheels,
fences, etc.),
(vi) Description, location, and dimensions of landscaping protective
devices;
(L) Irrigation/Watering System. Location, description and type of the
irrigation/watering system to be provided, if applicable.
(f) Off-street Loading Space Standards.
(1) Off-street loading berths shall be provided on the same lot as the
use it serves and shall not occupy the front yard.
(2) No loading berths shall be located closer than fifty feet to a resi-
dentially zoned property, except when the berth area is enclosed, or
screened by a minimum six-foot-high wall or solid fence, and will meet the
setbacks of the adjacent residentially zoned property. (See Figure 9.)
(3) Each loading berth shall be designed with access to a public street
or alley and so designed as not to interfere with normal traffic movement.
(4) Each berth shall be at least twelve feet by thirty-five feet in size
with a height clearance of eighteen feet.
(5) Loading berths shall not be considered as off-street parking spaces.
(6) All or part of the required loading berths may be within buildings.
(g) Size of Off-street Parking Space and Aisles. The minimum width of
two-way aisles shall be twenty-six feet. Off-street parking spaces parallel with
a wall, fence,or curb shall be a minimum of twenty-two feet in length. Angle
parking with one common ingress/egress shall be prohibited.
The minimum widths of parking spaces,widths of one-way aisles to ser-
vice the same, and the minimum distances between the aisles and the oppo-
site ends of the parking spaces which are needed for the angle at which the
parking spaces are set against the wall, curb,or fence, shall be as set forth in
the following schedule. The figures under columns A, B, C, and D in the
schedule attached to Ordinance 1028, on file in the office of the city clerk,
may be interpolated.
(h) Small Car Parking Spaces. In all parking facilities containing
twenty-five or more parking spaces, a maximum of twenty-five percent of
the required parking spaces may be reduced in size for the use of small cars,
provided these spaces shall be clearly identified with a sign permanently
affixed immediately in front of each space containing the notation, "com-
pacts only." Spaces designed for small cars may be reduced in size to a mini-
mum of seven and one-half feet in width and fifteen feet in length.
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
(Bozeman 12-15-79) 410-50d
OFF-STREET PARKING AND LOADING 18.84.050
congestion or impede traffic flows. (Ord. 1028 § 1 (part), 1979).
18.84.050 Minimum off-street parking requirements. The following
table indicates the number of off-street parking spaces required in all
districts for those particular uses listed:
Use Parking Space Required Loading Space Required
Detached single-family Two spaces per unit, None.
dwellings and mobile one space of which may
homes. be within a driveway
area.
Multifamily dwellings Two and one-quarter None.
and townhouses. spaces per unit.
Apartments and One space per bed- Apartments with over
efficiency apartments. room, plus one visitor 16 units require one
space per each four space.
apartment units (1%2
space per unit mini-
mum).
Rooming-and boarding- Two spaces per dwell- None.
houses. ing unit plus one per
rooming or boarding
unit.
Fraternity and One space per each 200 None.
sorority houses. sq. ft. of rooms
designed for sleeping.
Minimum Off-street Parking and Loading Requirements
For Medical and Institutional Uses
Hospitals, conva- One space for each
lescent hospitals two beds. One space per 10 000—
and sanitariums. 100,000 sq. ft. of gross
floor area, one additional
space per each additional
250,000 sq. ft.
Nursing homes, con- One space for each Same as for hospital, etc.
valescent homes three beds.
and rest homes.
Daycare and nursery One space for each schools. employee. One space per each ten
children anticipated.
410-50e
(Bozeman 12-15-79)
18.84.050 ZONING
Medical or dental One space per each 200 Same as for hospitals,
offices and veterinary sq. ft. of floor area. etc.
clinics.
Hotels and motels. One space per each One space per 25,000—
guest room or suite. 40,000 sq. ft. of gross
floor area, two spaces per
40,000-65,000 sq. ft. of
gross floor area,one addi-
tional space per each
additional 100,000 sq. ft.
of gross floor area.
Business and pro-
One space per 250 sq. One space per 7,000—
fessional offices,banks, ft. of floor area. 14,000 sq. ft. of gross
floor area, two spaces per
financial institutions, 14,000-40,000 sq. ft. of
insurance companies, gross floor area,three
social agencies, and spaces per 40,000—
studios. 80,000 sq. ft. of gross
floor area, one additional
space per each additional
50,000 sq. ft. of gross
floor area.
Open sales area,trailer One space per each One space per 7,000—
sales and rental,boat 1,000 sq. ft. of lot 14,000 sq. ft. of gross
r area, two spaces per
showrooms, mobile or floor area used floor
sq. ft.
home sales and garages. for display purposes. lofgross floor area,three
spaces per 40,000-
80,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
Public eating and/or One space for each One space per 7,000—
drinking establishments. two and one-half
14,000 sq. ft. of gross
seats or 40 sq. ft. of floor area, two spaces per
dining and/or drinking 14,000-40,000 sq. ft.
space or area. of gross floor area,three
spaces per 40,000-
80,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
(Bozeman 12-15-79)
410-50f
OFF-STREET PARKING AND LOADING 18.84.050
tional 50,000 sq. ft. of
Drive-in restaurants. floorgross
One space per 80 sq. One space per 7,000—
ft. of floor area with 14,000 sq. ft. of gross
a minimum require- floor area, two spaces per
ment of ten spaces. 14,000-40,000 sq. ft.
of gross floor area, three
spaces per 40,000-
80,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
Minimum Off-street Parking and Loading Requirements
For Industrial Uses
Wholesale establish- One space per each One space per 10,000—
ment. 2,000 sq. ft. of gross 40,000 sq. ft. of gross
floor area, plus one floor area, two spaces per
space for each 10,000 40,000-65,000 sq. ft. of
sq. ft. of open lot or gross floor area, three
storage area. spaces per 65,000-
100,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
Minimum Off-street Parking and Loading Requirements
For Commercial Uses
Auto, furniture, One space per 600 sq. One space per 7,000—
and equipment sales. ft. of floor space. 14,000 sq. ft. of gross
floor area, two spaces per
14,000-40,000 sq. ft. of
gross floor area, three
spaces per 40,000-
80,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
410-50g (Bozeman 12-15-79)
18.84.050 ZONING
Service stations Four spaces per 1,000 One space per 7,000—
and auto repair and sq. ft. of floor area with 14,000 sq. ft. of gross
auto service businesses. repair space for motor floor area, two spaces per
vehicles not counted as 14,000-40,000 sq. ft. of
4D
as parking space. gross floor area, three
spaces per 40,000-
80,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
Plumbing,heating, One space per 1,000 One space per 7,000—
carpenter,ventilating, sq. ft. of floor area plus 14,000 sq. ft. of gross
upholstery,building one space per employee floor area, two spaces per
material supplies, sales and one space per each 14,000-40,000 sq. ft. of
and service. company vehicle, plus gross floor area, three
one space for each spaces per 40,000-
10,000 sq. ft. open lot 80,000 sq. ft. of gross
or storage area. floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
General Business If less than 5,000 sq. One space per 7,000—
#1-grocery and ft. of floor area—one 14,000 sq. ft. of gross
drugstores,sporting space per every 250 floor area, two spaces per
goods,hardware, sq. ft. of floor area. If 14,000-40,000 sq. ft. of
variety,department over 5,000 sq. ft. of gross floor area,three
and clothing stores. floor area-20 spaces, spaces per f0,000
plus one space per 80,000 sq. o gross
every 400 sq. ft. in floor area, one addition-
excess of 5,000 sq. ft al space per each addi-
of floor area. tional 50,000 sq. ft. of
gross floor area.
General Business One space for every One space per 7,000—
400 sq. ft. of floor 14,000 sq. ft. of gross
#2-motor supply, floor area, two spaces per
paint stores,bakeries, area. 14,000-40,000 sq. ft. of
mail order houses,dry gross floor area,three
clean and laundry
establishments, food spaces per 40,000—
storage lockers,liquor
80,000 sq. ft. of gross
stores, small appliance floor area, one addition-
service,jewelry and al space per each addi-
specialty foods. tional 50,000 sq. ft. of
gross floor area.
(Bozeman 12-15-79) 410-50h
OFF-STREET PARKING AND LOADING 18.85.050
Manufacturing uses, One space per 800 sq. One space per 10,000—
research testing and ft. of gross floor area. 40,000 sq. ft. of gross
processing, assembling, floor area, two spaces per
all industries. 40,000-65,000 sq. ft. of
gross floor area, three
spaces per 65,000-
100,000 sq. ft. of gross
floor area, one addition-
al space per each addi-
tional 50,000 sq. ft. of
gross floor area.
Minimum Off-street Parking and Loading Requirements
For Miscellaneous Uses
Libraries, museums, One space for each 500 One space per 20,000—
art galleries. sq. ft. of floor area. 150,000 sq. ft. of gross
floor area, two spaces per
150,000-300,000 sq. ft.
of gross floor area, one
additional space per each
additional 300,000 sq. ft.
of gross floor area.
Post offices. One space for each 500 One space per 20,000—
sq. ft. of floor area. 150,000 sq. ft. of gross
floor area, two spaces per
150,000-300,000 sq. ft.
of gross floor area, one
additional space per each
additional 300,000 sq. ft.
of gross floor area.
Private clubs, lodges, One space per each 200 One space per 20,000—
and community sq. ft. of floor area. 150,000 sq. ft. of gross
centers—except golf floor area, two spaces per
courses and parks. 150,000-300,000 sq. ft.
of gross floor area, one
additional space per each
additional 300,000 sq. ft.
of gross floor area.
Senior high schools. Seven spaces per One space per 20,000—
classroom. 150,000 sq. ft. of gross
floor area, two spaces per
150,000-300,000 sq. ft.
410-50i (Bozeman 12-15-79)
18.84.050 ZONING
of gross floor area, one
additional space per each
additional 300,000 sq. ft. is
of gross floor area.
Elementary schools Two spaces per One space per 20,000—
classroom. 150,000 sq. ft. of gross
and junior high floor area, two spaces per
schools. 150,000-300,000 sq. ft.
of gross floor area,one
additional space per each
additional 300,000 sq. ft.
of gross floor area.
Churches. One space for each One space per 20,000—
four seats or six linear 150,000 sq. ft. of gross
feet of pew in each floor area, two spaces per
building,used separately t50,000fl ' o
300 000sq et.
o
or together with any gross
other building for additional space per each
worship. additional 300,000 sq. ft.
of gross floor area.
Bowling alleys. Five spaces for each One space per
2of gross
alley. 150,000 sq.
floor area, two spaces per
150,000-300,000 sq. ft.
of gross floor area,one
additional space per each
additional 300,000 sq. ft.
of gross floor area.
Auditoriums,theaters, One space per each six One space per 20,000—
sports arenas,stadiums seats or nine linear feet 150,000 sq. ft. of gross
and assembly halls with of fixed benches,or for floor area, two spaces per
or without fixed seats, each forty-five sq. ft. 150,000-300,000 sq. ft.
and funeral homes and of floor area without of additional csoor pace area,oeach
mortuaries. fixed seats.
additional 300,000 sq. ft.
of gross floor area.
Skating rinks,dance- One space per each One space per
gross
2of 0 —
halls, amusement 100 sq. ft. of floor 150,000 sq.
ft.floor area, two spaces per
parks and recreation area or lot area. 150,000-300,000 sq. ft.
establishments. of gross floor area, one
(Bozeman 12-15-79)
410-50j
NONCONFORMING LOTS, USES AND STRUCTURES 18.90.010
additional space per each
additional 300,000 sq. ft.
of gross floor area.
Travel trailer parks. One space per each One space per 20,000—
travel trailer site. 150,000 sq. ft. of gross
floor area, two spaces per
150,000-300,000 sq. ft.
of gross floor area, one
additional space per each
additional 300,000 sq. ft.
(Ord. 1028 1 of gross floor area.
§ (part), 1979).
Chapter 18.90
NONCONFORMING LOTS, USES AND STRUCTURES
Sections:
18.90.010 Intent.
18.90.020 Nonconforming lots of record.
18.90.030 Nonconforming uses of land.
18.90.040 Nonconforming structures.
18.90.050 Nonconforming uses of structures.
18.90.060 Repairs and maintenance.
18.90.070 Conditional uses.
18.90.010 Intent. Within the districts established by this title or amend-
ments thereto there exist lots, structures, uses of land and structures,
and characteristics of use which were lawful before the ordinance codified
herein was adopted or amended, but which would be prohibited, regulated,
or restricted under terms of this ordinance or future amendment. It is the
410-50k (Bozeman 12-15-79)
•
•
1�
u
NONCONFORMING LOTS, USES 18.90.020-18.90.030
intent of this title to permit these nonconformities to continue until they are
removed, but not to encourage their survival. It is further the intent of this
title that nonconformities shall not be enlarged upon, expanded or extended,
nor be used as grounds for adding other structures or uses prohibited
elsewhere in the same district.
Nonconforming uses are declared by this title to be incompatible with
permitted uses in the district involved; however, to avoid undue hardship,
nothing in this title shall be deemed to require a change in the plans,
construction or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption or amendment to
the ordinance codified in this title and which actual building construction
has been carried on diligently. "Actual construction" includes the placing of
construction materials in a permanent position and fastened in a permanent
manner. Where excavation or demolition or removal of an existing building
has been substantially begun preparatory to rebuilding, such excavation or
demolition or removal shall be deemed to be actual construction; provided
that work shall be carried on diligently. (Ord. 935 § 29.1, 1973).
18.90.020 Nonconforming lots of record. In any district,
notwithstanding other limitations imposed by this title, structures permitted
in the district may be erected on any single lot of record on the effective
date of the ordinance codified in this title. Such lot must be in separate
ownership and not of continuous frontage with other lots of the same
ownership. A lot of record that does not meet lot area or lot width
requirements must still meet other requirements of the district.
Within the city limits of Bozeman, if two or more lots or portions of
lots with continuous frontage in single ownership are of record at the time of
adoption or amendment of the ordinance codified in this title, and if all or
part of the lots do not meet the requirements established for lot width and
area, the lands involved shall be considered to be an undivided parcel for the
purposes of this title. Where lots are larger than required by this title, the
lots may be subdivided into smaller lots, except no parcel may be divided so
as to create a lot smaller in lot width or lot area than required by this title.
(Ord. 970 § 1, 1976: Ord. 935 § 29.2, 1973).
18.90.030 Nonconforming uses of land. Where at the time of passage of
the ordinance codified in this title lawful use of land exists which would not
be permitted by the regulations imposed by this title, the use may be
continued so long as it remains otherwise lawful; provided:
(1) No such nonconforming use shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at the effective
date of adoption or amendment of the ordinance codified in this title;
(2) No such nonconforming use shall be moved in whole or in part to
any portion of the lot or parcel other than that occupied by such use at the
effective date of adoption or amendment of the ordinance codified in this
title;
410-51 (Bozeman 11-15-76)
18.90.040-18.90.050 ZONING
(3) If any such nonconforming use of land ceases for any reason for a
period of more than ninety days, any subsequent use of such land shall
conform to the regulations specified by this title for the district in which
such land is located;
(4) No additional nonconforming structure in connection with the
requirements of this title shall be erected in connection with such
nonconforming uses of land. (Ord. 935 § 29.3, 1973).
18.90.040 Nonconforming structures. Where a lawful structure exists at
the effective date of adoption or amendment of the ordinance codified in
this title that could not be built under the terms of this title by reason of
restriction on lot area, lot coverage, height, yards, its location on the lot, or
other requirements concerning the structure, such structure may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
(1) No such nonconforming structure may be altered or enlarged in
any way which increases its nonconformity, but any structure or portion
thereof may be altered to decrease its nonconformity.
(2) Should such nonconforming structure or nonconforming portion of
a structure be destroyed by any means to the extent of more than fifty
percent of its replacement cost at the time of destruction, it shall not be
reconstructed except in conformity with the provisions of this title.
(3) Should such structure be moved for any reason for any distance
whatever, it shall thereafter conform to the regulations for the district in
which it is located after it is moved. (Ord. 935 § 29.4, 1973).
18.90.050 Nonconforming uses of structures. If lawful use of a
structure, or of structures and premises exist at the effective date of
adoption or amendment of the ordinance codified in this title that would
not be allowed in the district under the terms of this title, the lawful use
may be continued so long as it remains otherwise lawful;providing that:
(1) No existing structure devoted to a nonconforming use shall be
enlarged, extended, constructed, or structurally altered, unless the use is
changed to a permitted use.
(2) Any nonconforming use may be extended to any other part of a
building designed for such use, but no such use may be extended in any way
to occupy land outside the building.
(3) Nonconforming use of buildings, structures, or premises may be
changed to another nonconforming use; provided that a conditional use
permit is obtained from the city commission. In determining whether or not
to grant the conditional use permit, the city commission, after
recommendation from the city zoning commission, shall determine that the
proposed use is equally appropriate or more appropriate to the district than
the existing nonconforming use.
In permitting such use, the city commission may require appropriate
conditions or safeguards.
(Bozeman 11-15-76) 410-52
BOARD OF ADJUSTMENT 18-90.060-18.93.010
(4) Any structure, or structure and land, in or on which a
nonconforming use is superseded by a permitted use shall thereafter conform
to the regulations of the district in which it is located and the
nonconforming use may not thereafter be resumed.
(5) Whenever a nonconforming use of a structure or a premises ceases
for ninety days, the structure or premises shall not thereafter be used except
in conformance with the regulations of the district in which it is located. The
term "ceases" as used in this subsection means that the activity in question
has not been in operation for a period of ninety days.
(6) Where nonconforming use status applies to both structure and land,
the removal or destruction of the structure shall eliminate the
nonconforming status of the land. (Ord. 935 § 29.5, 1973).
18.90.060 Repairs and maintenance. On any nonconforming structure
or portion of the structure containing a nonconforming use, work may be
done on ordinary repairs and fixtures, wiring, plumbing, or repair or
replacement of nonbearing walls, to an extent not exceeding ten percent of
the replacement value of the building in any one year; provided that such
work does not increase the cubic content of the building. Nothing in this
title shall prevent the strengthening or restoring to a safe condition of any
building or part thereof declared to be unsafe by any official charged with
protecting the public safety, upon order of such official. (Ord. 935 § 29.6,
1973).
18.90.070 Conditional uses. Conditional uses provided for under
Chapter 18.72 shall not be deemed a nonconforming use in the district in
which it is permitted. (Ord. 935 § 29.7, 1973).
Chapter 18.93
BOARD OF ADJUSTMENT
Sections:
18.93.010 Created.
18.93.020 Officers.
18.93.030 Powers and duties.
18.93.040 Procedure.
18.93.050 Hearing and notice.
18.93.060 Approval.
18.93.070 Conditions of approval.
18.93.080 Appeals from the board of adjustment.
18.93.090 Time decision effective.
18.93.010 Created. The board of adjustment is established to act on
variance applications as detailed in this title. The board shall consist of five
members appointed by the mayor for three-year terms (with staggering
410-53 (Bozeman 11-15-77)
18.93.020-18.93.040 ZONING
terms), and subject to confirmation by the city commission. (Ord. 935 §
31.1, 1973).
18.93.020 Officers. At the first meeting each year, the board shall
appoint one of its members to serve as chairman and one member to serve as
vice-chairman.
The staff of the city building official shall be at the disposal of the
board to receive and process applications of appeal and to give advice to the
board.
The board's office shall be that of the city building official and all files
of the board shall be held therein. (Ord. 935 § 31.2, 1973).
18.93.030 Powers and duties. The board shall set its operating rules in
accordance with Section 11-2707, R.C.M., 1947 and shall have the following
powers:
(1) To hear and decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by an administrative
official in the enforcement of this act or of any ordinance adopted pursuant
thereto;
(2) To authorize upon appeal in specific cases such variance from the
terms of the ordinance as will not be contrary to the public interest, where
owing to special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship, and so that the spirit of the
ordinance shall be observed and substantial justice done.
More specifically, the board may, after public notice and hearing,
conditionally approve, deny, or approve any request to modify the following
requirements of this title:
(A) Setback requirements,
(B) Yard requirements,
(C) Area requirements,
(D) Height requirements,
(E) Parking requirements,
(F) Loading requirements,
(G) Expansion of nonconforming uses of land and structures,
(H) Flood hazard district requirements as required in Chapter 18.66.
(3) The concurring vote of four members of the board shall be
necessary to reverse any order, requirements, decisions, or determination of
any administrative official, or to decide in favor of the applicant on any
matter upon which it is required to pass under this title, or to effect any
variation of this title. (Ord. 971 § 1, 1976: Ord. 935 § 31.3, 1973).
18.93.040 Procedure. Written applications for appeals or modifications
(variance) shall be filed in the office of the building inspector.
Notwithstanding any other provisions of this title, a standard fee of fifty
dollars (thirty-five dollars for applications dealing with single-family appeals)
shall be paid to the city upon filing of each application for the purpose of
(Bozeman 11-1 s-77) 410-54
BOARD OF ADJUSTMENT 18.93.050
defraying expenses incidental to proceedings. No application will be regarded
as having been filed until such fee has been paid.
is The board shall cause to be made such investigation of facts bearing on
the application as will provide necessary information to assure that the
action on each such application is consistent with the intent and purpose of
this title. During time of appeal all construction shall cease and shall not
commence until approved by the board of adjustment. (Ord. 990 § 4, 1977:
Ord. 935 § 31.4, 1973).
18.93.050 Hearing and notice. There shall be a hearing for each
application of appeal or modification. The hearing shall be held at an
appointed time and place. Testimony shall be taken by the board from
persons interested in the application, and from the city-county planning
staff.
The building inspector shall give public notice of all public hearings to
be held before the Bozeman board of adjustment. The notice shall be
published at least once in a newspaper published and having general
circulation in the city of Bozeman, not more than thirty days nor less than
ten days prior to the public hearings.
The notice shall specify the number, date, time and place of all
scheduled public hearings. It shall state the name and address of the
applicant, the name and address of the owner of record of the property, and
a legal description of the property affected, the street address or its location
by approximate distances from the nearest major street or road intersection
so that the property can be easily identified, and a brief statement of the
nature of the hearing.
The notice shall provide a map of the area in question so as to indicate
its general location and proximity to surrounding properties.
In addition to such publication, the building inspector shall post same
notice of public hearing not more than thirty days nor less than ten days
prior to the public hearings, on the site in question as well as on one or more
additional locations, visible to the general public, within the affected area as
deemed appropriate by the building inspector.
The notice of public hearings shall also be made available to all
newspapers, radio, and television stations serving the jurisdiction for use as a
public service announcement.
Such notice shall be sent by mail, not more than thirty days nor less
than ten days, to the applicant and owners of record (or their legal
representative) of the subject property as well as to the owners of record of
all parcels within one hundred fifi:y feet of the perimeter of the subject
property. The number of feet occupied by all public roads, streets, alleys,
and other public ways shall be excluded in determining the
one-hundred-fifty-foot requirements.
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
410-55 (Bozeman 11-15-77)
18.93.060-18.93.080 ZONING
held are inadvertently removed through no fault of the city of Bozeman, this
in no way shall invalidate the legal notice requirement of the scheduled
public hearing.
Notice may also be provided to property owners in any additional area
that may be substantially impacted by the proposed variance as determined
by the building inspector or planning director. (Ord. 990 § 5, 1977: Ord.
935 § 31.5, 1973).
18.93.060 Approval. In approving applications of appeal or
modifications, the board shall designate such lawful conditions as will secure
substantial protection for the public health, safety, and general welfare, and
shall find as follows:
(1) Such modifications will not be inconsistent with the intent and
purpose of this title and/or any adopted master plan;
(2) That strict compliance with the provisions of this title would create
unnecessary hardship or unreasonable situation on a particular property due
to unusual or extreme topography, unusual shape of the property, or the
prevalence of similar conditions in the immediate vicinity of the property;
(3) That such modifications will have minimal adverse effect on
abutting properties or the permitted uses thereof;
(4) That the lawful conditions stated in the approval are deemed
necessary to protect the public health, safety, and general welfare, which
provisions may include:
(A) A time period within which the proposed structures shall be
0
erected,
(B) Requiring landscaping and maintenance thereof,
(C) Requiring the surfacing and marking of off-street parking and
loading areas,
(D) Any other conditions as will make possible the development of the
city in an orderly and efficient manner and in conformity with the intent
and purpose set forth in this chapter. (Ord. 935 § 31.6, 1973).
18.93.070 Conditions of approval. Any approval under this chapter shall
be subject to the terms of the conditions designated in connection therein.
(Ord. 935 § 31.7, 1973).
18.93.080 Appeals from the board of adjustment. Any person or
persons, jointly or severally aggrieved by any decision of the board of
adjustment, or any taxpayer, or any officer, department, board or bureau of
the municipality, may present to a court of record a petition, duly verified,
setting forth that such decision is illegal, in whole or in part specifying the
grounds of the illegality. Such petition shall be presented to the court within
thirty days after the filing of the decision in the office of the board. (Ord.
935 § 31.8, 1973).
(Bozeman 11-15-77) 410-56
AMENDMENTS AND CHANGES 18.93.090-18.96.030
18.93.090 Time decision effective. The decision of the board of
adjustment shall be final except as provided in Section 18.93.080 and if a
building permit or land use permit is not obtained for the subject property
within six months from the date of the board's decision, the variance shall be
automatically cancelled and become null and void. (Ord. 935 § 31.9, 1973).
Chapter 18.96
AMENDMENTS AND CHANGES
Sections:
18.96.010 Initiation and amendment.
18.96.020 Investigation of amendment.
18.96.030 Hearing for amendment.
18.96.040 Enforcement.
18.96.010 Initiation and amendment. The city commission may, from
time to time, amend, supplement, or change this title and the regulation of
maps appertaining thereto. An amendment, supplement, or change may be
initiated by the city commission or the zoning commission.
Whenever the property owner of any land or building desires a
reclassification of his property or change in regulations applicable thereto, he
may file with the city planning department on forms provided by the city
for this purpose, a petition duly signed and verified by him requesting an
amendment or change of regulations prescribed for such property. (Ord. 935
§ 33.1, 1973).
18.96.020 Investigation of amendment. Upon initiation of an
amendment by the city zoning commission or the city commission or upon
petition from a property owner, the city zoning commission shall cause to be
made such an investigation of facts bearing on such initiation or petition as
will provide necessary information to assure that the action of each such
petition is consistent with the intent and purpose of this title. (Ord. 935 §
33.2, 1973).
18.96.030 Hearing for amendment. The city zoning commission shall
hold public hearings on the matters referred to in such initiation or petition
at which parties in interest and citizens shall have an opportunity to be
heard.
The building inspector shall give public notice of all public hearings to
be held before either the Bozeman zoning commission or the Bozeman city
commission. The notice shall be published at least once in a newspaper
published and having general circulation in the city of Bozeman, not more
than thirty days nor less than fifteen days prior to the public hearings.
The notice shall specify the number, date, time, and place of all
scheduled public hearings. It shall state the name and address of the
410-57 (Bozeman 11-15-78)
18.96.030 ZONING
applicant, the name and address of the owner of record of the property, and
a legal description of the property affected, the street address or its location
by approximate distances from the nearest major street or road intersections
so that the property can be easily identified, and a brief statement of the
nature of the hearing.
The notice shall provide a map of the area in question so as to indicate
its general location and proximity to surrounding properties.
However, where city zoning boundaries are extended which require
initial zoning classification, public notice shall consist of three separate
notifications in a local newspaper, provided at least one of the notifications
is published not more than thirty days nor less than fifteen days prior to the
public hearing; and no less than a total of eight radio announcements (a
minimum of two broadcasts per station) shall be broadcast within the same
period of time by distribution to each local commercial AM radio station
serving the city of Bozeman to run simultaneously on each station.
In addition to such publication, the building inspector shall post same
notice of public hearing not more than thirty days nor less than fifteen days
prior to the public hearings, on the site in question as well as on one or more
additional locations, visible to the general public, within the affected area as
deemed appropriate by the building inspector. However, where city zoning
boundaries are extended which require initial zoning classification, sign
posting requirements shall not apply.
Such notice shall be sent by mail, not more than thirty days nor less
than fifteen days, to the applicant and owners of record, or their legal
representative, of the subject property as well as to the owners of record of
all parcels within one hundred fifty feet of the perimeter of the subject
property. The number of feet occupied by all public roads, streets, alleys,
and other public ways shall be excluded in determining the
one-hundred-fifty-foot requirements. However, where city zoning boundaries
are extended which require initial zoning classification, mailing of notice of
public hearing to such applicants, owners of public record, or their legal
representative of the subject property(ies), or owners of record of all parcels
within one hundred fifty feet of the perimeter of the subject properties shall
not apply.
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 are inadvertently removed through no fault of the city of Bozeman, this
in no way shall invalidate the legal notice requirements of the scheduled
public hearing.
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 building inspector or planning director.
After such hearing or hearings, the zoning commission will make
reports and recommendations on said petition or initiation to the city
commission.
(Bozeman 11-15-78) 410-58
VIOLATIONS—PENALTIES 18.96.040-18.99.020
When the city commission has recommended an amendment or
supplement to this title, including a change in the district boundaries, the
public hearing shall be held by the city commission for the purpose of acting
upon the proposed amendment or supplement after public notice. In case,
however, of protest against such changes signed by the owners of twenty
percent or more either of the area of the lots included in such proposed
change or of those lots directly opposite thereof extending one hundred fifty
feet from the street frontage of such opposite lots, such amendment shall
not become effective except by the favorable vote of three-fourths of all
members of the city commission. (Ord. 1016 § 1, 1978: Ord. 990 § 6, 1977:
Ord. 935 § 33.3, 1973).
18.96.040 Enforcement. This title shall be enforced by the city manager
and his authorized representatives. No building permit or business or
occupational use license shall be issued except in compliance with the
provisions of this chapter. (Ord. 935 § 33.4, 1973).
Chapter 18.99
VIOLATIONS — PENALTIES
Sections:
18.99.010 Compliance regarding violations.
18.99.020 Penalties.
18.99.010 Compliance regarding violations. 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 building official. He shall record properly such complaint and
immediately investigate and take action thereon as provided by this title.
(Ord. 935 § 34.1, 1973).
18.99.020 Penalties. 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 requirements for conditions imposed by the
zoning commission 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 not more than five
hundred dollars or imprisoned not more than six months or both and in
addition shall pay all costs and expenses involved in the case. Each day such
violation continues shall be considered a separate offense and punishable as
such.
'fhe 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
410-59 (Bozeman 11-15-78)
18.99.020 ZONING
found guilty of a separate offense and suffer the penalties herein provided.
Nothing herein contained shall prevent the city from taking such other
lawful action as is necessary to prevent or remedy any violation. (Ord. 935 §
34.2, 1973).
(Bozeman 11-15-78) 410-60