HomeMy WebLinkAboutChapter 18.16, Residential Zoning Districts
CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
18.16.010 INTENT AND PURPOSE OF RESIDENTIAL ZONING DISTRICTS
The intent and purpose of the residential zoning districts is to establish areas within Bozeman that are
primarily residential in character and to set forth certain minimum standards for development within
those areas. The purpose in having more than one residential district is to provide opportunities for a
variety of housing types and arrangements within the community while providing a basic level of
predictability. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other when the standards of this title are met and any applicable conditions of
approval have been satisfied. Additional requirements for development apply within overlay districts. All
development is subject to §18.02.050, BMC.
A. The intent and purpose of the R-S, Residential Suburban, district is to allow open space,
resource protection and primarily single-household development in circumstances where
environmental constraints limit the desirable density. All new subdivision and site plan
developments in this district shall be subject to the provisions of Chapter 18.36, BMC, Planned
Unit Development, and shall be developed in compliance with the adopted Bozeman growth
policy.
B. The intent of the R-1, Residential Single-household, Low Density district is to provide for
primarily single-household residential development and related uses within the City at urban
densities, and to provide for such community facilities and services as will serve the area’s
residents while respecting the residential character and quality of the area.
C. The intent of the R-2, Residential Two-household, Medium Density district is to provide for
one- and two-household residential development at urban densities within the City in areas that
present few or no development constraints, and for community facilities to serve such
development while respecting the residential quality and nature of the area.
D. The intent of the R-3, Residential Medium Density, district is to provide for the development of
one- to five-household residential structures near service facilities within the City. It should
provide for a variety of housing types to serve the varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
E. The intent of the R-4, Residential High Density district is to provide for high-density residential
development through a variety of housing types within the City with associated service
functions. This will provide for a variety of compatible housing types to serve the varying needs
of the community’s residents. The net density, as defined in Chapter 18.80, BMC, for new
developments shall be 8 dwellings per acre or greater. Although some office use is permitted, it
shall remain as a secondary use to residential development. Secondary status shall be as
measured by percentage of total building area.
F. The intent of the R-O, Residential-Office district is to provide for and encourage the
development of multi-household and apartment development and compatible professional
offices and businesses that would blend well with adjacent land uses. The primary use of a lot, as
measured by building area, permitted in the R-O district is determined by the underlying growth
policy land use designation. Where the district lies over a residential growth policy designation
the primary use shall be non-office uses; where the district lies over a non-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured by
percentage of building floor area.
Ordinance # 1761. page 16-1
G. The intent of the RMH, Residential Manufactured Home Community district is to provide for
manufactured home community development and directly related complementary uses within
the City at a density and character compatible with adjacent development. The district is
intended to be residential in character and consistent with the standards for other forms of
residential development permitted by this title.
18.16.020 AUTHORIZED USES
A. Uses in the various residential districts are depicted in the table below. Principal uses are
indicated with a “P”, conditional uses are indicated with a “C”, accessory uses are indicated with
an “A” and uses which are not permitted with the district are indicated by a “-”.
B. Additional uses for telecommunication uses are contained in Chapter 18.54, BMC.
Table 16-1
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Accessory dwelling units C C P P P P -
8,9
Agricultural uses on 2.5 acres or more P - - - - - -
2
Agricultural uses on less than 2.5 acres C - - - - - -
2
Apartments/Apartment Building, as defined in
- - - - P P -
Chapter 18.80
Assisted living/elderly care facilities - - - C C P -
Bed and breakfast C - C C P P -
Commercial stable C - - - - - -
Community centers C C C C C P C
Community residential facilities (with more than
C C C P P P C
four residents)
Cooperative housing C C C P P P C
Day care centers C C C P P P C
Essential services (Type I) P P P P P P P
Essential services (Type II) C - - - - - C
Extended stay lodgings - - - - P P -
Family day care home P P P P P P P
Fences A A A A A A A
Fraternity and sorority houses - - - C P P -
Golf courses C C C - - - C
Greenhouses A A A A A A -
Group day care home P P P P P P P
Guesthouses A A A A A A -
Ordinance # 1761. page 16-2
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Home based businesses A/C A/C A/C A/C A/C A/C A/C
5
Lodging houses - - - C P P -
Offices - - - - C P -
3
Other buildings and structures typically accessory
A A A A A A A
to authorized uses
Private garages A A A A A A A
Private or jointly owned recreational facilities A A A A A A A
Private storm water control facilities A A A A A A A
Private vehicle and boat storage A A A A A A A/C
4
Public and private parks P P P P P P P
Manufactured homes on permanent foundations P P P P P P P
1
Manufactured home communities - - - - - - P
Medical offices, clinics, and centers - - - - C P -
Recreational vehicle parks C - - - - - P
Signs, subject to Chapter 18.52, BMC A A A A A A A
Single-household dwelling P P P P P P P
Temporary buildings and yards incidental to
A A A A A A A
construction work
Temporary sales and office buildings A A A A A A A
Three- or four-household dwelling - - - P P P -
Two-household dwelling - - P P P P -
Townhouses (two attached units) P P P P P P P
777
Townhouses (five attached units or less) - - - P P P -
6
Townhouses (more than five attached units) - - - - P P -
Tool sheds for storage of domestic supplies A A A A A A A
Uses approved as part of a PUD per Chapter
C C C C C C C
18.36, BMC
Veterinary uses C - - - - - -
Notes:
Manufactured homes are subject to the standards of §18.40.130, BMC.
1
Agricultural uses includes barns and animal shelters, and the keeping of animals and fowl, together with their dependent young, as hereinafter set
2
forth per 2.5 acres: one horse or one cow; two sheep or two goats; ten rabbits; thirty-six fowl (chickens, pheasants, pigeons, etc.) or six larger fowl
(ducks, geese, turkeys, etc.). For larger parcels the Planning Director may determine that a larger number of livestock is consistent with the
requirements of this section.
Only when in conjunction with dwellings.
3
Ordinance # 1761. page 16-3
Storage for more than three recreational vehicles or boats.
4
Home based businesses are subject to the terms and thresholds of §18.40.110, BMC.
5
6
In the R-3 district, townhouse groups shall not exceed 120 feet in total width
7
In the R-S, R-1, and RMH district townhomes are only allowed when utilized to satisfy the requirements of Title 17, Chapter 2, BMC,
Affordable Housing. May only be utilized in developments subject to Chapter 17.02, BMC,
8
Not permitted on reduced size lots for work force housing as described in Chapter 17.02, BMC.
9
Accessory Dwelling Units in the RS and R1 Districts, shall be permitted to be placed above garages only in subdivisions receiving preliminary plat
approval after January 1, 1997.
18.16.030 LOT COVERAGE AND FLOOR AREA
A. Maximum lot coverage by principal and accessory buildings shall be:
1. For newly created lots in the R-S district, determined through the PUD review
procedures set forth in Chapter 18.36, BMC, in compliance with the adopted Bozeman
growth policy.
a. For existing lots in the R-S district, not more than 25 percent of the lot area shall
be covered by principal and accessory buildings.
2. Not more than 40 percent of the lot area in the R-1, R-2, R-3 and RMH districts.
3. Not more than 50 percent in the R-4 district.
4. Not more than 40 percent for residential uses or 60 percent for nonresidential or mixed
uses in the R-O district.
5. In all residential zoning districts for those lots used to satisfy the requirements of
Chapter 17.02 BMC not more than 60 percent of the lot area shall be covered by
principal and accessory buildings. When a larger lot has a portion of its total dwellings
subject to the requirements of Chapter 17.02, BMC, either directly or inherited from an
previous subdivision, the portion used for those dwellings may have up to 60 percent of
the lot area covered by principal and accessory buildings.
B. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City’s adopted International Building Code.
C. The total floor area of the unit built on a lot which was subject to the provisions of §18.42.180,
Provision of Restricted Size Lots and Units, (excluding area used for a garage) shall not exceed a
floor area ratio of 1:3.3. For example, if the lot is 5,000 square feet the square footage of the
house can not exceed 1,515, or a ratio of 1 square foot of floor area for each 3.3 square feet of
lot area.
18.16.040 LOT AREA AND WIDTH
A. All lots shall have a minimum area as set forth in the table below and are cumulative. These
minimums assume a lack of development constraints. Each lot must have a usable lot area of at
least 50% of the total minimum lot area:
Table 16-2
Lot Area Table Minimum Lot Area in Square Feet
1
R-S R-1 R-2 R-3 R-4 R-O RMH
See Paragraph
Single-household dwelling 5,000 5,000 5,000 5,000 5,000 5,000
111111
C below
Single-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02, 2,700 2,700 2,700 2,700 2,700 2,700 2,700
8888888
BMC)
7
Ordinance # 1761. page 16-4
Lot Area Table Minimum Lot Area in Square Feet
1
R-S R-1 R-2 R-3 R-4 R-O RMH
Two-household dwelling - - 6,000 6,000 6,000 6,000 -
Two-household dwelling (only for dwellings to
satisfy minimum requirements of Chapter 17.02, - - 2,500 2,500 2,500 2,500 -
BMC)
7
Lot area per dwelling in three- or four-household
- - - 3,000 3,000 3,000 -
dwelling configurations
Lot area per dwelling in three- or four-household
dwelling configurations (only for dwellings to
- - - 2,500 2,500 2,500 -
satisfy minimum requirements of Chapter 17.02,
BMC)
7
Townhouses - - 3,000 3,000 3,000 3,000 -
6222
Townhouses (only for dwellings to satisfy
2,500 2,500 2,500 2,500 2,500 2,500 2,500
minimum requirements of Chapter 17.02, BMC)
7
Apartments - first dwelling - - - - 5,000 5,000 -
Apartments - each dwelling after the first - - - - 1,200 1,200 -
Apartments - each dwelling after the first (only for
dwellings to satisfy minimum requirements of - - - - 900 900 -
Chapter 17.02, BMC)
7
Additional area required for an accessory dwelling
1,000 1,000 1,000 1,000 1,000 1,000 -
45555
unit
3
All other uses 5,000 5,000 5,000 5,000 5,000 5,000 5,000
1111111
Notes:
In order to comply with the standards contained in Title 18, lot area in excess of the required minimum may be needed; for example for corner lots,
1
parking, landscaping or large residential structures, and may be necessary for property adjacent to watercourses, ridgelines, or other environmental
features in order to provide an appropriate buildable area on the lot.
For townhouse clusters the minimum average lot area per dwelling in an individual structure shall be 3,000 square feet.
2
As defined in Chapter 18.80, BMC and subject to the requirements of Chapter 18.40, BMC.
3
Extra lot size requirement does not apply when R-S lots are larger than 6,000 square feet.
4
Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
5
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
Per townhouse lot.
6
May only be utilized in developments subject to Chapter 17.02, BMC.
7
A larger lot size may be required to comply with the requirements of Section 17.02.050, table Mix and Price of Dwelling Units
8
B. All lots shall have a minimum width as set forth in the table below. These minimums assume a
lack of development constraints
Table 16-3
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
See Paragraph C
Single-household dwelling 50 50 50 50 50 50
below
Single-household dwelling (only for
See Paragraph C
dwellings to satisfy requirements of 30 30 30 30 30 30
below
Chapter 17.02, BMC)
Ordinance # 1761. page 16-5
Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Two household dwelling - - 60 60 50 50 -
Accessory dwelling unit 50 50 60 60 60 60 -
1
Dwellings in three- or four-household
- - - 60 60 60 -
dwelling configurations
Width of Width of Width of
Townhouses 30 30 30 -
interior units interior units interior units
See Paragraph C
All other uses 50 50 50 50 50 50
below
Notes:
Second dwellings in accessory buildings are subject to all restrictions in this title relating to accessory buildings. Lot area and width shall be provided
1
as if the dwelling were attached to the principal use. Dwellings to be developed under this option are subject to §18.40.030, BMC.
C. Lot Area and Width for R-S, Residential Suburban Lots.
1. Lot area and width for newly created lots in R-S districts shall be determined through the
PUD review procedures set forth in Chapter 18.36, BMC and in compliance with the
adopted Bozeman growth policy. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
2. Existing lots in the R-S district not utilizing a community water and/or sewer system
shall be considered nonconforming lots if less than one acre in area and/or 100 feet in
width and subject to Chapter 18.66, BMC. Existing lots in the R-S district utilizing a
community water and/or sewer system shall be considered nonconforming lots if less
than one-half acre in area and/or 100 feet in width and subject to Chapter 18.60, BMC.
D. Lot area and width may be reduced to allow a density bonus through the PUD process. Amount
of a bonus, methodology for calculating the bonus, and standards for allowing a bonus are
described in §18.36.090.E.2.b(6), BMC.
18.16.050 YARDS
A. Minimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front yard:
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
b. Adjacent to collector streets as designated in the Bozeman growth policy - 20
feet
c. Adjacent to local streets - 15 feet
2. Rear yard - 20 feet
a. Adjacent to arterial streets as designated in the Bozeman growth policy - 25 feet
3. Side yard - 5 feet; or 0 feet for interior walls of townhouses.
4. All vehicle entrances, oriented to the street, into garages shall be no closer than 20 feet to
a property line, unless explicitly authorized otherwise under this title.
B. Minimum yards required for the R-S district are:
1. For lots created in the R-S district prior to the effective date of these regulations:
a. Front yard - 35 feet
Ordinance # 1761. page 16-6
b. Rear yard - 25 feet
c. Side yard - 25 feet
2. Minimum yard requirements for newly created R-S lots shall be determined through the
PUD review process.
3. All pens, coops, barns, stables or permanent corrals shall be set back not less than 100
feet from any residence or public road and not less than 50 feet from any property line.
C. When a lot has 1 or more principal buildings which are oriented to place the functional rear of a
building adjacent to a side lot line a setback from the property line equal to that for a rear yard
shall be provided.
D All yards are subject to the provisions of §18.30.060, §18.38.060, §18.42.100, §18.44.100 and
§18.48.100, BMC.
18.16.060 BUILDING HEIGHT
Maximum building height for each residential district shall be as follows:
Table 16-4
Residential Building Height Table Maximum Building Height in Feet
Roof Pitch in Feet R-S R-1 R-2 R-3 R-4 R-O RMH
Less than 3:12 24 24 24 32 34 34 24
3:12 or greater but less than 6:12 30 28 28 38 38 38 28
6:12 or greater but less than 9:12 34 32 32 40 42 42 32
Equal to or greater than 9:12 38 36 36 42 44 44 36
18.16.070 RESIDENTIAL GARAGES
Attached residential garages shall not obscure the entrance to the dwelling. Attached garages are
required to be clearly subordinate to the dwelling. A subordinate garage has two or more of the
following characteristics:
A. The principal facade of the dwelling has been emphasized through the use of architectural
features such as, but not limited to, porches, fenestration treatment, architectural details, height,
orientation or gables, so that the non-garage portion of the residence is visually dominant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main entry; and/or
C. The area of the garage vehicle door(s) comprise 30 percent or less of the total square footage,
exclusive of any exposed roof areas, of the principal facade of the dwelling. Principal façade shall
include all wall areas parallel to the garage door(s).
Alternative means of addressing the intent of this section will be considered. Detached garages are
encouraged when they are compatible with the existing neighborhood development pattern. Vehicular
garage access on non-principal facades and/or alleys is also encouraged.
18.16.080 ADDITIONAL RMH DISTRICT PERFORMANCE STANDARDS
Development of any parcel of land within the RMH district shall be subject to all applicable
requirements of Chapter 18.40, BMC, Standards for Specific Uses and Chapter 18.42, BMC,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
Ordinance # 1761. page 16-7
occupations. In addition, manufactured home communities will be subject to the following general
requirements:
A. Minimum Area for Manufactured Home Community District.
1. The minimum total RMH district area shall be no less than 10 acres unless the applicant
can show that the minimum area requirements should be waived because the waiver
would be in the public interest and that one or both of the following conditions exist:
a. Unusual physical features of the property itself or of the surrounding area such
that development under the standard provisions of this title would not be
appropriate in order to conserve a physical or terrain feature of importance to
the neighborhood or community; or
b. The property is adjacent to or across the street from property which has been
developed under the provisions of this section and will contribute to the
amenities of the area.
2. Waiver of the 10 acre minimum may only be granted by the City Commission.
Ordinance # 1761. page 16-8