HomeMy WebLinkAboutChapter 18.38, General Land Use Standards and Requirements
CHAPTER 18.38
GENERAL LAND USE STANDARDS AND REQUIREMENTS
18.38.010 AREA REQUIREMENTS FOR INDIVIDUAL BUILDINGS - RESTRICTIONS
No part of any yard, or other open space, or off-street parking or loading space required about or in
connection with any building for the purpose of complying with this title, shall be included as part of a
yard, open space or off-street parking or loading space similarly required for any other building except as
provided in §18.46.050 of this title.
18.38.020 YARDS AND LOTS - REDUCTION PROHIBITED
No yard or lot existing at the time of adoption of the ordinance codified in this title shall be reduced in
dimension or area below the minimum requirements of said ordinance except as set forth herein. Yards
or lots created after the effective date of said ordinance shall meet at least the minimum requirements
established by this title.
18.38.030 USE OF LANDS - BUILDINGS AND STRUCTURES
A. Only Uses Specifically Identified by This Title to be Built. No building, or structure or part
thereof shall be erected, altered or enlarged for a use, nor shall any existing building, structure or
part thereof, or land, be used for a purpose or in a manner that is not in conformity with the
uses listed as permitted uses for the zone in which such buildings, structure or land is situated. In
addition, any land, building or structure to be erected or used for a purpose listed as a
conditional use in such zone shall first receive approval from the City Commission. Existing
nonconforming uses and structures shall be governed by Chapter 18.60, BMC.
B. No building, or part thereof, or structure shall be erected, nor shall any existing building be
altered, enlarged or rebuilt, or moved into any zone, nor shall any open space be encroached
upon or reduced in any manner, except in conformity to the yard and setback regulations
designed for the zone in which such building or open space is located, except as otherwise
specified in this title.
C. Recreational Vehicle Parking on Residential Lot. No person shall park or occupy any
recreational vehicle or mobile home on the premises of any occupied dwelling or on any lot
which is not a part of the premises of any occupied dwelling, either of which is situated outside
of any approved manufactured home community or recreational vehicle park except that:
1. The parking of only one unoccupied recreational vehicle in any accessory private garage,
or in a rear yard in any district is permitted, providing no living quarters shall be
maintained or any business practiced in the recreational vehicle while such recreational
vehicle is so parked or stored; and
2. In the event of hardship, temporary use permits may be granted for occupying such
recreational vehicle or mobile home.
D. Municipal Infrastructure Requirements.
1. Whenever any building lots and/or building sites are created inside the City limits or
existing lots are annexed, and prior to the issuance of any building permits on such lots
or sites, municipal water distribution, municipal sanitary sewer collection, and streets
shall be provided to the site. Each building site must utilize and be connected to both
the municipal water distribution and municipal sanitary sewer collection systems.
Installation of improvements is subject to Chapter 18.74, BMC.
a. Alternative. When in the City’s sole determination it is in the City’s long term
best interests to allow a building lot or site to be created or developed without
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immediate access to either municipal water or municipal sewer the City may, in
its sole discretion, make such allowance when all of the following have been met:
(1) The nonmunicipal system(s) to service the lot or site shall be designed,
reviewed and constructed to meet City of Bozeman standards. Systems
serving more than one lot or user shall be central systems;
(2) The nonmunicipal system(s) shall be designed and constructed in a
manner to allow connection to the municipal system components shown
in applicable facility plans to serve the property at such time as it
becomes available;
(3) The landowner shall provide waivers of right to protest creation of SIDs
or other financing methods to extend municipal water and sewer services.
Such extensions or connections may require construction of system
components that are not immediately adjacent to the building lot or site;
(4) The landowner shall agree to connect to municipal water and sewer
services and abandon and remove nonmunicipal services when so
instructed by the City. Such agreement shall be binding on all successors
and run with the land;
(5) If the City takes responsibility to operate the nonmunicipal system(s) it
may impose a surcharge to cover extra operational expenses. City
operation of the system is at the City’s discretion;
(6) The requirement for future connection to the municipal water and/or
sewer system, waivers and agreements, and other applicable materials
shall be either noted on the plat or final plan OR a separate notice be
recorded at the Gallatin County Clerk and Recorder’s Office so that such
notice will appear on a title report or abstract of the property;
(7) No nonmunicipal water or sewer systems shall be constructed until it has
received all necessary approvals from the Department of Environmental
Quality, City of Bozeman, County Environmental Health, and any other
relevant agency; and
(8) The use of municipal water or sewer systems is considered to be the best
means to protect the public interest and welfare. The alternative for the
use of nonmunicipal systems is intended to be used sparingly and in
extraordinary circumstances. In order to protect the public interest, in
approving a nonmunicipal system the City may impose such conditions
of approval as it deems necessary.
2. These improvements shall be designed, constructed and installed according to the
standards and criteria as adopted by the City and approved by both the City Engineer
and Water and Sewer Superintendent prior to the issuance of any building permits.
3. When municipal water distribution and municipal sanitary sewer collection systems are
being provided to serve a development proposal occurring under the provisions of
Chapter 18.36, BMC, Planned Unit Development (PUD), the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided the
criteria of §18.74.030, BMC are met.
4. Notwithstanding the provisions of subsection D.3 above, the City may limit the scope,
type and number of projects eligible for simultaneous construction consideration.
18.38.040 DWELLING UNIT RESTRICTIONS
A. No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with unfinished
structure above, accessory building, or vehicle; or any manufactured home or recreational vehicle
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outside of an approved manufactured home community, recreational vehicle park, or approved
individual lot in accordance with §18.40.130, BMC shall at any time be used as a dwelling unit,
unless approved for use as a temporary dwelling unit due to a demonstrated hardship.
B. Use of Basements. The basement portion of a finished home shall be properly damp-proofed
and have heating, ventilation, suitable fire protection and exits if used for living purposes, and
natural lighting.
18.38.050 ACCESSORY BUILDINGS, USES AND EQUIPMENT
A. An accessory building shall be considered an integral part of the principal building if it is
connected to the principal building by a common wall for not less than five feet.
B. Accessory buildings, uses or equipment shall not be stored or constructed between the front lot
line and required front building line.
C. Accessory buildings and garages shall not be located within a utility easement without written
approval of the easement holder.
D. Accessory buildings in any business or industrial district may be located only to the rear of the
front line of the principal building.
E. No accessory building shall exceed the footprint of the principal building unless such accessory
building has been otherwise approved per this title. An accessory building shall not either:
1. Exceed the height of the principal building unless such accessory building has been
otherwise approved per this title; or
2. Within a residential district, exceed a height of one and a half stories, where a half story
is established by a side wall, under a sloped roof, of three feet in height or less above the
floor level within space allowed to be occupied by persons by the International Building
Code.
3. The height between finished floor to finished floor shall not exceed 12 feet in residential
districts. A greater height between finished floors may be approved in non-residential
districts if the other requirements of this title are met.
F. Mechanical Equipment Screening.
1. Rooftop mechanical equipment should be screened. Screening should be incorporated
into the roof form when possible. The requirement for screening of rooftop mechanical
equipment does not apply to solar or wind energy collection devices.
2. Ground mounted mechanical equipment shall be screened from public rights-of-way
with walls, fencing or evergreen plant materials. Mechanical equipment shall not
encroach into required setbacks.
G. Detached Structures Setback Requirements.
1. Accessory structures less than or equal to 120 square feet in footprint shall not be
located in any front, side, or corner-side yard and shall maintain a minimum setback of
three feet from the property lines in the rear yard.
2. Accessory structures greater than 120 square feet but less than or equal to 600 square
feet in footprint shall not be located in any front, side, or corner-side yard. The accessory
structure shall be set back a minimum of either: 6 feet, or when parking is provided
between the structure and the rear property line, 20 feet except when required parking
spaces need a greater setback for back-up maneuverability. See examples below.
Ordinance 1761 38-3
Alley Right-of-Setback for Garage Setback for a Garage with Stacked Parking Off
Way Width of an Alley
30 feet 6 feet 20 feet
20 feet 6 feet 26 feet
16 feet 10 feet 30 feet
14 feet 12 feet 32 feet
3. Accessory structures greater than 600 square feet shall not be located in any required
front, rear, or side yard and shall provide adequate back-up maneuverability for required
parking spaces.
H. Structures may occupy not more than 20 percent of the area of the lot located to the rear of the
principal building(s).
I. All structures located within the neighborhood conservation or entryway corridor overlay
districts require a certificate of appropriateness.
J. More than two deviations shall not be granted for any accessory structure.
18.38.060 YARD AND HEIGHT ENCROACHMENTS, LIMITATIONS AND
EXCEPTIONS
A. Permitted Encroachments Into Yards. The following shall be permitted encroachments into
required yards, subject to any and all applicable International Building Code requirements:
1. Architectural features, which do not add usable area to a structure, such as chimneys,
balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, eaves,
gutters, awnings, window wells and steps, provided such architectural features do not
extend more than 5 feet into any required front or rear yard;
2. Architectural features, which do not add usable area to a structure, such as chimneys,
balconies, stairways, wing walls, bay windows, sills, pilasters, lintels, cornices, awnings,
window wells and steps, provided such architectural features do not extend more than 2
feet into any required side yard, except that eaves and gutters may extend 2.5 feet into
any required side yard;
3. Terraces and patios, uncovered decks and stoops or similar features, provided that such
features shall not extend above the height of the ground floor level of the principal
structure nor more than 5 feet into any required front or rear yard or 2 feet into any
required side yard;
4. Where porches, covered terraces and covered decks occupy not more than one-third of
the length of the building wall, excluding the width of the garage if applicable they may
encroach:
a. where the required front yard is greater than 15 feet, not more than 5 feet into
any required front yard,
b. not more than 5 feet into a required rear yard,
c. not more than 2 feet into any required side yard, and;
5. Fire escapes may be permitted in required side or rear yards only;
6. Wheelchair ramps may encroach into any required yard, but shall not be located closer
than 3 feet from any property line; and
7. Flag poles, ornamental features, trees, shrubs, walkways, and nameplate signs may be
located within a required yard. Street vision triangle requirements apply.
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B. Zero Lot Line Conditions. In districts where zero sideyard setbacks are not otherwise allowed,
where an individual owns two or more adjoining lots, or where the owners of two or more
adjoining lots make legal written agreement recorded at the Gallatin County Clerk and Recorder,
a zero lot line concept may be used for commercial or single-household dwelling unit
developments. In residential districts this may result in the creation of a two-household
residential structure, only in districts permitting such a structure, or the creation of townhouse
clusters in districts permitting such structures. In all such cases in residential districts, a
minimum 8 foot side yard shall be maintained adjacent to the exterior side, or nonzero lot line
side, of the structure.
C. Special Yard Setbacks.
1. Where the required setback is greater than 15 feet, the corner side yard for any corner lot
not located on an arterial street may be 15 feet. However, where the vehicular access to a
garage is located on the frontage of the corner side yard, the portion accessible to
vehicles shall maintain at least a 20 foot setback.
2. A 25 foot front yard or corner side yard shall be provided on all arterials designated in
the Bozeman growth policy, except within the B-3 district.
3. Setbacks from watercourses as set forth in §18.42.100, BMC.
4. Setbacks from intersections as set forth in §18.44.090, BMC.
D. Height Limitation Exceptions.
1. Non-Specific Exemptions. No building, or part thereof, or structure shall be erected,
reconstructed or structurally altered to exceed in height the limit herein designated for
the district in which such building is located, except as is specified in Chapter 18.66,
BMC, or as specifically authorized by the City Commission as an approved condition of
a planned unit development. Such approved conditions must include the
recommendations of the City Fire Marshal.
2. Specific Exemptions.
a. Height limitations shall not apply to church spires, belfries, cupolas and domes;
monuments; chimneys and smokestacks; flag poles; public and private utility
facilities; parapet walls extending no more than 4 feet above the limiting height
of the building except as hereinafter provided; amateur radio antennae; solar
energy collectors and equipment used for the mounting or operation of such
collectors; and building mounted horizontal and vertical axis wind energy
collectors under 15 feet in height from the building mounting surface and
equipment used for the mounting or operation of such collectors.
b. Places of public assembly in churches, schools and other permitted public and
semipublic buildings may exceed height limitations otherwise established by this
title, provided that:
(1) These are located on the ground floor of such buildings; and
(2) That for each 1 foot by which the height of such building exceeds the
maximum height otherwise permitted in the district, its side and rear
yards shall be increased in width or depth by an additional 1 foot over the
side and rear yards required in the district.
c. Elevator and stair penthouses, water tanks, monitors and scenery lofts are
exempt from height limitations otherwise established in this title, provided that
no linear dimension of any such structure exceed 50 percent of the
corresponding street frontage line.
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d. Towers and monuments, cooling towers, gas holders or other structures, where
the manufacturing process requires a greater height, and grain elevators and silos
are exempt from this title, provided that any structure above the height otherwise
permitted in the district shall occupy no more than 25 percent of the area of the
lot and shall be at least 25 feet from every lot line.
e. Height restrictions for wireless facilities are governed by Chapter 18.54, BMC.
18.38.070 STANDARDS FOR SPECIFIC SITE IMPACTS AND ELEMENTS
A. Surface-Water Ponding. Natural ponding areas shall be retained as much as possible or, if
necessary, enlarged or modified as directed by the City Engineer to restrict the off-site runoff,
subject to the storm water runoff control provisions of this title and the City’s stormwater
drainage requirements.
B. Trash and Garbage Incineration. No exterior incineration of materials is permitted except as
allowed by the Department of Public Safety.
C. Smoke, Dust and Other Particulate Matter. The emission of smoke or other particulates from
any point source shall not exceed a density greater than that permitted by Method 9, 40 CFR 60
Appendix A. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted
beyond the property lines of the use creating the particulate matter.
D. Bulk Storage (Liquid). All uses associated with bulk storage of all gasoline, liquid fertilizer,
chemicals, flammable and similar liquids shall comply with International Building and Fire Code
requirements and any applicable County regulations.
F. Water Quality, Hazardous Wastes and Wastewater. Discharge of hazardous waste, chemicals or
wastewater will be subject to Montana Department of Environmental Quality standards and
permitting processes. But in no case shall any hazardous waste, hazardous chemicals or
hazardous wastewater be discharged into any perennial stream within the City.
G. Odors and Toxic Gases.
1. The emission of odors shall be controlled such that objectionable or offensive odors are
not perceptible beyond a distance of 50 feet past the property lines of the use creating
the odors.
2. No toxic, noxious or corrosive fumes or gases shall be emitted beyond the property lines
of the use creating such fumes or gases.
H. Noise. No noise shall be produced that causes a violation of the City’s regulations regarding
disturbance of the peace or creates a nuisance.
I. Vibrations. No ground vibrations, except for those only perceptible with the use of instruments,
shall be permitted beyond the property lines of the use generating the ground vibrations.
J. Electrical Disturbance. No activity shall be permitted which causes electrical disturbances
affecting the operation of any equipment located beyond the property line of the activity. This
paragraph does not apply to uses which are regulated by and are in compliance with federal
agencies or law.
K. Glare and Heat. Any use producing intense glare or heat shall be conducted so that the glare is
effectively screened from view at any point on the lot line of the lot in which the use is located.
Any heat will be dissipated so that it is not perceptible without instruments at any point on the
lot line of the lot on which the use is located.
L. Fire and Explosive Hazards. Any use or activity involving the use or storage of combustible,
flammable or explosive materials shall be in compliance with the Uniform Fire Code as adopted
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by the City. Burning of waste materials in open fires is prohibited, unless otherwise permitted by
and in conformance with, another ordinance.
M. Liquid or Solid Waste. No materials, compounds or chemicals, which can contaminate any water
supply, interfere with bacterial processes in sewage treatment or otherwise cause emissions of
elements which are offensive or hazardous to the public health, safety and general welfare shall
be discharged at any point into any public sewer, private sewage disposal system or stream or
into the ground, except in accordance with the code of the City and the standards approved by
the Montana State Department of Environmental Quality or such governmental agency as may
have jurisdiction over such activities.
N. Fissionable, Radioactivity or Electromagnetic Disturbance. No activities shall be permitted
which utilize fissionable or radioactive materials if, at any time, their use results in the release or
emission of any fissionable or radioactive material into the atmosphere, ground or sewerage
system. No activities or devices shall be permitted which at any time emit radio-frequency energy
affecting any activity or the operation of any equipment beyond the site property line. Radio-
frequency energy shall be considered as being electromagnetic energy at any frequency in the
radio spectrum between ten kilocycles and three million megacycles. This limitation on radio-
frequency interference does not apply to those uses and circumstances falling under the
jurisdiction of the FCC.
18.38.080 CLEAN UP OF PROPERTY AND REVEGETATION REQUIRED
A. Clean Up of Property. Prior to final plat or final occupancy approval, the developer shall ensure
that all construction and other debris is removed from the development. This includes concrete,
asphalt, dead trees and shrubs, and fencing materials.
B. Revegetation. All areas disturbed during construction shall be reseeded with vegetation types
approved by the Gallatin County Weed Control Supervisor.
Ordinance 1761 38-7