HomeMy WebLinkAboutChapter 18.40, Standards for Specific Uses
CHAPTER 18.40
STANDARDS FOR SPECIFIC USES
18.40.010 PURPOSE
The purpose of this section is to further describe the standards and conditions under which certain uses
may be permitted as principal or conditional uses in specific districts.
18.40.020 APPLICABILITY
All uses listed in this section shall be subject to the specific standards described for each use, in addition
to all other applicable standards.
18.40.030 ACCESSORY DWELLING UNITS
A. An owner or the owners of real property may establish and maintain an accessory dwelling unit,
either within a detached single-household dwelling or above a detached garage which is
accessory to the detached single-household dwelling, in the R-S or R-1 districts if all of the
following conditions are met and continue to be met during the life of the accessory dwelling
unit:
1. The detached dwelling unit within which the accessory dwelling unit is located, or the
accessory dwelling unit itself, is actually and physically occupied as a principal residence
by at least one owner of record who possesses at least an estate for life or a 50 percent
fee simple ownership interest. No more than one of the dwellings, either the principal
dwelling or the accessory dwelling, may be rented by non-owners at the same time. The
City may require a guarantee of compliance with the requirements of this section,
including but not limited to a binding deed restriction or covenant enforcing the single
rental restriction as allowed in §18.74.080.B, BMC, as a condition of approval;
2. In addition to the parking required for the principal residence, one paved off-street
parking space is provided for the exclusive use of the accessory dwelling unit. The
parking provided shall be located on the lot and may not utilize the on-street parking
provisions of Chapter 18.46, BMC;
3. The occupancy of the accessory dwelling unit does not exceed two persons;
4. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages only in subdivisions
receiving preliminary plat approval after January 1, 1997;
5. No permit for an accessory dwelling unit shall be granted unless the lot has been
configured to accept an accessory dwelling unit with adequate lot area, utility services,
and compliance with setbacks and height standards;
6. In no case shall an accessory dwelling unit be larger than 800 square feet or have more
than a single bedroom. The method of calculating the maximum ADU square footage
will be “living area” defined as “all floor area exclusive of areas with a sloped ceiling less
than five (3) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation.;
7. Second story additions on detached garages shall be approved only if found compatible
and consistent with the character and fabric of the neighborhood;
8. Only one accessory dwelling unit may be created per lot; and
Ordinance # 1761. page 40-1
9. If the accessory dwelling unit is a part of the principal dwelling unit, the accessory
dwelling unit shall be clearly incidental to the principal dwelling unit and shall meet the
following criteria:
a. The accessory dwelling unit is created only in a single-household detached
dwelling unit on a lot of 6,000 square feet or more;
b. The accessory dwelling unit does not exceed one-third of the total area of the
principal structure;
c. The accessory dwelling unit is created only through internal conversion of the
principal structure or constructed above a garage. Minor exterior changes may be
made on the building, if the square footage added constitutes no more than 10
percent of the principal structure’s existing living area (exclusive of the garage);
and
d. If the entrance for the accessory dwelling unit is separate from the entrance of
the principal structure, the entrance shall only be located in the rear or side yards.
10. All accessory dwelling units are subject to CUP provisions established in Chapter 18.34,
BMC.
11. No deviations shall be granted to lot area requirements or parking requirements to allow
the establishment of an accessory dwelling unit. In no case shall more than a total of two
deviations be granted to allow the establishment of an accessory dwelling unit.
B. An owner or the owners of real property may establish per §18.34.050 and maintain an accessory
dwelling unit, in the R-2, R-3, R-4 or R-O districts if all of the following conditions are met and
continue to be met during the life of the accessory dwelling unit. If the following conditions are
not met the dwelling shall be reviewed under the provisions of §18.34.090, BMC.
1. In addition to the parking required for the principal residence, the minimum number of
required paved off-street parking shall be provided for the exclusive use of the accessory
dwelling unit;
2. The occupancy of the accessory dwelling unit does not exceed two persons;
3. Garages shall not be converted for use as accessory dwelling units. However, accessory
dwelling units shall be permitted to be placed above garages;
4. In no case shall an accessory dwelling unit be larger than 600 square feet or contain more
than a single bedroom. The method of calculating the maximum ADU square footage
will be “living area” defined as “all floor area exclusive of areas with a sloped ceiling less
than five (5) feet in height, stairwells, and exterior decks.” Bedrooms, living rooms,
kitchens, casework, interior walls, hallways, closets, bathrooms, and any other living
space shall be included in the maximum square footage calculation;
5. Second story additions on detached garages shall be approved only if found compatible
and consistent with the existing character and fabric of the neighborhood; and
6. Only one accessory dwelling unit may be created per lot.
7. No deviations shall be granted to lot area requirements or parking requirements to allow
the establishment of an accessory dwelling unit. In no case shall more than a total of two
deviations be granted to allow the establishment of an accessory dwelling unit.
8. The accessory dwelling unit is located above a detached garage.
9.
An accessory dwelling unit may not be approved on a reduced size lot created to meet
the minimum workforce housing requirements of Chapter 17.02, BMC.
Ordinance # 1761. page 40-2
C. The applicant shall comply with Building Department standards.
18.40.040 ADULT BUSINESSES
In addition to the requirements to be followed for all development established in this title, the following
requirements shall apply to all adult businesses.
A. An adult business must be separated by at least a 500-foot radius from any other adult use,
residence, residential district, school, place of worship, public park or any youth-oriented
establishment. Subsequent establishment of one of the above listed uses within the required
separation radius does not compel the relocation of an adult business.
18.40.050 ALCOHOL SALES FOR ON PREMISE CONSUMPTION
Alcohol sales for on premise consumption, on either a temporary or permanent basis, may not be
conducted on the same lot or premises where an adult business or auto retail fuel sale is permitted.
18.40.060 AUTOMOBILE REPAIR AND/OR FUEL SALES
In addition to the requirements to be followed for all convenience uses as defined in this title, and
provided in §18.40.100 of this chapter, the following requirements shall apply to all service station and
automobile uses as listed below. Compliance with all criteria listed below does not necessarily guarantee
approval by the City.
A. Gas pump and pump island canopies are to be located not closer than 10 feet to any side or rear
property line. Design of the canopy shall architecturally match the design of the main building.
All canopies shall be connected to the roof of the main structure unless otherwise approved. All
lighting shall meet the lighting standards of this title. The maximum height of the canopy shall
not exceed 18 feet. All signs must conform to the sign regulations of Chapter 18.52, BMC;
B. All on-site activities, except those normally performed at the fuel pumps, are to be performed
within a completely enclosed building;
C. Where towing service is to be provided, a parking bay for the towing vehicle is to be provided.
Vehicles that are either under repair or vehicles that have been repaired may be stored on a
temporary basis, not to exceed seven days, and designated parking bays must be provided for
each vehicle awaiting repairs. Vehicle storage areas are subject to the same screening
requirements as parking lots;
D. All lighting shall conform to Section 18.42.150;
E. All structures approved under these standards shall be of a design character that is appropriate
to the area in which they are to be constructed. Color renderings of buildings shall accompany
each application and construction shall be in conformity thereto. Architectural detailing shall be
consistent on all four sides of the building;
F. All restroom entrances shall be screened from view of adjacent properties or street rights of-way
by a decorative wall or landscaping, or shall be accessed from the inside of the main entrance to
the building;
G. No outside storage of, and no sale, lease or rental of trailers, trucks or similar equipment shall be
permitted except as may be specifically allowed in that zone;
H. Parking space for each service stall in the station shall be provided. Pump islands shall not be
considered as service bays. Standing areas at pump islands and interior circulation areas shall not
be used as parking areas in calculating required parking spaces; and
I. Automotive Repair Facilities.
1. All repairs or painting shall be performed within a building;
Ordinance # 1761. page 40-3
2. No site plan shall be approved which exposes unassembled vehicles, auto repair activities
or auto parts to any street or residential district;
3. Any facility shall be designed to contain and minimize noise and odors; and
4. All facilities shall have a water quality facility (oil / water separator) as part of the water
quality design for storm water runoff, and shall conform to Section 18.42.080.
18.40.070 AUTOMOBILE WASHING ESTABLISHMENT
In addition to the requirements to be followed for all convenience uses, the following requirements shall
apply to all auto washing establishments as listed below.
A. All detergents must be biodegradable;
B. Building surfaces shall be faced with masonry, brick, stucco, wood or some other permanent
looking material;
C. Trash and litter containers shall be emptied daily. In addition, the site shall be patrolled at least
once daily in order to remove litter;
D. Sale of automobile accessories such as batteries, tires, gasoline, etc. is prohibited during any
period when establishment employees are not present; and
E. Canopies are to be located not closer than 10 feet to any side or rear property line. Design of the
canopy shall architecturally match the design of the main building. All lighting shall meet the
lighting standards of this title. The maximum height of the canopy shall not exceed 18 feet. All
signs must conform to the sign regulations of Chapter 18.52, BMC.
18.40.080 CEMETERIES
A. Total site area, including business office and storage building, shall be a minimum of 40 acres, of
which at least 10 acres shall be subdivided and developed in the initial plot.
B. The cemetery may include accessory uses such as a chapel, mortuary, office, mausoleum and
those industrial uses which are incidental to the operation of a cemetery. Industrial uses may
include such things as the manufacture of burial vaults and headstone foundations, provided all
of the products are used on the site and are not offered for sale and use elsewhere. The cemetery
shall not include uses of an industrial nature other than those stated in this section.
18.40.090 CONDOMINIUMS
A. Unit Ownership Act. Condominium developments shall comply with all provisions of the Unit
Ownership Act, §70-23-102 et seq., MCA, and all regulations adopted pursuant thereto.
B. Condominium Association. A condominium association shall be established for each
condominium development. The developer shall prepare bylaws for the condominium
association, as well as covenants, conditions and restrictions for the condominium development,
in compliance with Chapter 18.72 of this title. The bylaws, covenants, conditions and restrictions
shall be submitted to the City for review and approval prior to the granting of final site plan
approval or approval for condominiumization of existing development.
C. Internal circulation in a condominium development shall be designed in accordance with
Chapter 18.46, and shall, when deemed necessary by the City Engineer, comply with Section
18.44.020.
D. Condominiums may be subject to Chapter 17.02, BMC.
Ordinance # 1761. page 40-4
18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS
A. Architectural Guidelines.
1. All convenience uses shall be designed with an architectural and design character that is
appropriate for and compatible with the area, and shall also comply with all applicable
design standards and guidelines including the Design Objectives Plan for entry way
corridors;
2. Use of standardized corporate identification themes integrated into the architectural
design is generally not acceptable. Excessive use of such themes may be used as grounds
for denial of the project;
3. When located in shopping centers, the architectural character of the building shall be
integrated with the design theme of the center through the use of the same building
materials, shapes and details. The effect of color in creating a design character that is
appropriate for and compatible with the area will be considered. All parking, circulation,
driveways, setbacks and signage shall be integrated with the entire design theme of the
project; and
4. The elevation design of the building shall provide design character and detailing on all
four sides.
B. Noise from drive through speakers shall not be audible from adjacent residential districts.
18.40.110 HOME BASED BUSINESSES
A. Generally. A home based business is a use that is considered accessory to a dwelling unit.
Buildings combining live/work arrangements located in districts where both the residential and
nonresidential uses to be combined are permitted are not subject to the requirements of this
section.
B. Home Based Business as Accessory Use
1. The use shall be clearly incidental and secondary to the use of the dwelling for residential
purposes and shall not change the character of the dwelling or adversely affect the uses
permitted in the residential district of which it is a part. The home based business may
not be conducted in an accessory structure, and shall comply with the standards of
subsection C below.
2. Purpose. It is in the intent of this section to eliminate as accessory home based
businesses for all uses except those that conform to the standards set forth in this
section. In general, an accessory home based business is a use so located and conducted
that the average neighbor, under normal circumstances, would not be aware of its
existence with the exception of permitted signage as allowed by Chapter 18.52, BMC.
The standards for home based businesses included in this section are intended to insure
compatibility with other permitted uses and with the residential character of the
neighborhood. A clearly accessory or incidental status in relation to the residential use of
the main building is the criteria for determining whether a proposed accessory use
qualifies as an of right home based business.
3. Necessary Conditions for Accessory Use. Accessory home based businesses are
permitted accessory uses in residential districts only so long as all the following
conditions are observed:
a. Such home based business shall be conducted by resident occupants in their
residence with not more than one on-premise halftime nonresident employee;
Ordinance # 1761. page 40-5
b. No more than 25 percent of the gross area of all structures shall be used for such
purpose;
c. No use shall require internal or external alterations or involve construction
features or the use of electrical or mechanical equipment that would change the
fire rating of the structure;
d. No home based business shall cause an increase in the use of any one or more
utilities (water, sewer, garbage, etc.) so that the combined total use for dwelling
and home based business purposes exceeds the average for residences in the
neighborhood;
e. There shall be no outside storage of any kind related to the home based business;
f. The use may increase vehicular traffic flow and parking by no more than one
additional vehicle at a time. Depending on the individual circumstances of each
application, an additional off-street parking space may be required; and
g. No use shall create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more
frequent extent than that usually experienced in an average residential occupancy
in the district in question under normal circumstances wherein no home based
business exists.
4. Notice of Intent to Operate an Accessory Home Based Business. Any individual
applying for a business license, with the intent of operating the business from his/her
home, shall acknowledge by signature his/her understanding of the requirements and
conditions of this title.
C. Home Based Business as Conditional Use.
1. Purpose. The use shall be secondary to the use of the lot for residential purposes and
shall not be incompatible with the character of the zoning district thereof or adversely
affect the principal uses permitted in the residential district of which it is a part. When a
home based business has been established through the CUP process, it means that the
owner, lessee or other persons who have a legal right to the use of the dwelling also have
the right to conduct the home based business whether in the principal or an accessory
structure. The home based business shall comply with the standards of subsection C.3
below.
2. Conditional Use. It is the intent of this section to provide, through the conditional use
process established in Chapter 18.34, BMC, opportunities for home based businesses
which are more intensive in nature than those which would be allowed as an accessory
use. In general, a home based business approved through the conditional use process is
an accessory use which complies with the requirements of this title and is subordinate to
the primary use of the particular lot for residential purposes. The standards for home
based businesses included in this section are intended to insure compatibility with other
permitted uses and with the residential character of the neighborhood. A secondary, but
not incidental, status in relation to the residential use of the main building is the criteria
for determining whether a proposed use may, under certain circumstances, qualify as a
home based business which may be approved by the conditional use process. As stated
in §18.34.010, BMC, conditional uses start from the presumption that they are
incompatible with the zoning district but may under specific and limited conditions
become compatible. Unless such conditions are found, there is no right to the practice
of a home based business which does not comply with the terms of an accessory home
based businesses as listed in this section.
Ordinance # 1761. page 40-6
3. Necessary Conditions for Conditional Use. Home based businesses permitted through
the conditional use permit process are allowed in residential districts only so long as all
the following conditions are observed:
a. Such home based business shall be conducted by resident occupants with not
more than one on-premise halftime nonresident employee;
b. No more than 30 percent of the gross area of all structures shall be used for such
purpose;
c. No use shall require internal or external alterations or involve construction
features or the use of electrical or mechanical equipment that would change the
fire rating of the structure beyond that allowed in a residential use;
d. No home based business shall cause an increase in the use of any one or more
utilities operated by the City of Bozeman so that the combined total use for
dwelling and home based business purposes exceeds the average for residences
in the neighborhood;
e. There shall be no outside storage of any kind related to the home based business;
f. No use shall create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard or any other hazard or nuisance to any greater or more
frequent extent than that allowed by this title;
g. Home based business by conditional use permit may only be allowed on lots
occupied by single-household detached dwellings;
h. Such conditional use shall be subject to all conditions set forth in this title, except
the provisions of §18.48.060, BMC, Landscape Performance Standards; and
i. All permits required by the City, including, but not limited to, building permits
and business licenses, shall be received prior to establishing the home based
business.
4. Home Based Business Allowed Through a Conditional Use Permit. Any individual
seeking to operate a home based business, which is greater in scope than that allowed by
an accessory home based business, shall make application for a conditional use permit
under the terms of Chapter 18.34, BMC. The Planning Director shall determine if a
home based business requires a conditional use permit.
D. Complaints. Complaints by citizens of Bozeman may be cause for termination of the home
based business. However, should such complaint be filed, the operator is entitled to an appeal to
the City Commission for a public meeting. The City Commission shall determine whether or not
the filed complaint identifies sufficient violation of this title to warrant termination or
modification of the home based business.
E. Uses That Are Prohibited. The following uses, by the nature of their character or the investment
of operation, have a pronounced tendency, once started, to rapidly increase beyond the limits
permitted for home based businesses and thereby impair the use and value of a residentially
zoned area for residential purposes. Therefore, the following uses shall not be permitted as
home based businesses: adult businesses; auto repair, minor or major; carpentry work; dance
instruction; dental offices; medical offices; mobile oil and lube services; painting of vehicles,
trailers or boats; private schools with organized classes; radio or television repair; and
upholstering.
F. Appeal to City Commission. Any person may appeal the Planning Director’s action relating to a
home based business to the City Commission as provided for by Chapter 18.66, BMC.
Ordinance # 1761. page 40-7
18.40.120 MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included in the state classification of land subdivisions by rent or
lease. Therefore, applicants for such developments shall apply for and be reviewed under both site plan
and subdivision procedures. These will be reviewed concurrently when appropriate. All standards of this
title are applicable unless explicitly waived.
A. State of Montana Requirements. All manufactured home communities developed under this
section shall comply with Montana State Department of Public Health and Human Services,
Department of Environmental Quality and any other applicable state regulations. Prior to final
approval for a manufactured home community, copies of approval letters from relevant state
agencies shall be submitted or compliance with all applicable regulations shall be certified by a
professional civil engineer licensed by the State of Montana.
B. Lot Improvements. The location of boundaries of each manufactured home lot for rent or lease
shall be clearly and permanently marked on the ground with flush stakes, markers or other
suitable means. The location marked must be closely approximate to those depicted on the
approved plans.
1. Utility Hookup. Every manufactured home shall be permanently connected to electric
power, water supply, sewage disposal, gas and telephone service lines in compliance with
applicable City codes, and all utility distribution and service lines shall be installed
underground.
2. Permanent Foundations and Anchoring. All manufactured homes shall be required to be
tied or otherwise physically anchored to an approved permanent concrete foundation.
Building permits for foundations and anchoring, issued through the City Building
Department in accordance with the adopted International Building Code, are required.
The method of anchoring and foundations shall be specified as part of the required
preliminary development review.
3. Maintenance.
a. There shall be no exposed outdoor storage of furniture (except lawn furniture),
household goods, tools, equipment, or building materials or supplies.
b. No manufactured home may be parked on a public or private street for more
than twenty-four hours.
c. An abandoned, burned or wrecked manufactured home must be secured against
entry as directed by the Fire Marshall and may not be kept on a lot for more than
forty-five days.
d. Each manufactured home must bear an insignia which attests that the
construction of the manufactured home meets regulation A 119.1 of the
American National Standards Institute (adopted by the U.S. Department of
Housing and Urban Development), or be certified as meeting the Mobile Home
Construction and Safety Standards of the U.S. Department of Housing and
Urban Development.
e. Within twenty-one days of placement, standard manufactured home skirting of
fire-resistive material similar in character to that of the manufactured home must
be provided around the entire perimeter of the manufactured home between the
bottom of the body of the manufactured home and the ground, except where the
running gear has been removed and the manufactured home itself is attached
directly to the permanent foundation.
Ordinance # 1761. page 40-8
f. All required front yards of lots for rent or lease for manufactured homes shall be
fully landscaped.
g. All private, commonly owned recreation areas not devoted to buildings,
structures, surfaced courts, sand boxes, etc. shall be landscaped and irrigated.
4. Manufactured home lots for rent or lease shall be arranged to permit the practical
placement and removal of manufactured homes. Every lot for rent or lease must front
on a public or private street.
C. Permits and Inspections.
1. Owner’s and Agent’s Responsibility. It shall be the responsibility of the individual
property owners or, in the case of a rental community, the managers ofthe rental
community to see that all sections of this article are complied with, including
requirements relative to placement of manufactured homes, and all required permits.
2. Move In Permit Required. All manufactured homes moved into the City must be issued
a move-in permit, pursuant to this section, and be inspected by the City Building
Official, prior to gas and electric service being turned on by the servicing utility. A copy
of the original sales contract shall be available for permit informational purposes.
3. City Inspection Required.
a. The required inspections for manufactured homes shall include: onsite utilities
requirements including gas, electric, sewer and water; setback requirements; and
off-street parking requirements. Fees for these have been established by the City
Commission by resolution.
b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to
be turned on, any gas or electric service without an inspection and clearance
from the City Building Official.
4. Non-Manufactured Home Improvements Subject to the International Building Code.
Permits must be obtained for additions, alterations, canopies, carports, storage areas and
detached refrigeration units that were not included in the original sale of the
manufactured home unit, fees for which are set by the International Building Code and
Uniform Mechanical Code.
D. Plans. The preliminary and final plans shall accurately depict:
1. All proposed and required landscaping;
2. Locations of storage areas for recreational vehicles and other chattels of the residents;
3. A layout of typical lots for rent or lease showing the location and dimensions of the lot,
manufactured home stand, driveway and parking spaces;
4. Mail delivery area; and
5. Foundation and anchoring details.
E. A permanent enclosure for temporary storage of garbage, refuse and other waste material shall
be provided for every manufactured home space. If trash dumpsters are to be used, they shall be
centrally and conveniently located, shall not be located in any front yard, and shall otherwise
comply with the requirements of this title.
F. Landscaping may be required by the City Commission to provide a buffer between
manufactured home communities and adjacent uses, and to enhance the appearance of the
development. The landscaping may be interspersed with a fence or wall. Specific perimeter
landscape/buffering treatments shall be determined on a case-by case basis, with the City
Ordinance # 1761. page 40-9
considering appropriate factors such as the nature of adjacent uses, noise and proximity to busy
streets.
G. Recreation Areas. At a minimum, the amount of land required to be dedicated under §18.50.020,
BMC, shall be reserved as park or recreation area. Recreation areas may include space for
community recreation buildings and facilities.
1. Public access through the recreation area may be required, through the provision of a
written public access easement, if it is determined by the City commission that public
access is necessary to ensure public access through the private recreational area from
adjoining properties to nearby or adjacent public parks.
H. Accessory Buildings. Accessory buildings for individual dwellings are subject to §18.38.050,
BMC.
18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS
A. Intent. It is the intent of this section to allow manufactured homes, as defined in Chapter 18.80,
BMC, in specified zoning districts in which similar single-household dwellings constructed on
the site are permitted subject to requirements and procedures set forth herein to assure
acceptable similarity in exterior appearances between such manufactured homes and dwellings
that have been or might be constructed under these and other regulations on adjacent lots in the
same district or area. It is the intent of this section to permit only those manufactured homes
certified as meeting the Mobile Home Construction and Safety Standards of the U.S.
Department of Housing and Urban Development.
B. Application, Material to be Supplied. One copy of the application for the proposed
manufactured home on the individual building lot shall be submitted to the Building
Department in conjunction with the application for a building permit for the building
foundation. The application shall include all information as deemed necessary by the Planning
Director to make determinations as to conformity with subsection C of this section, and it shall
include a minimum of color photographs of all sides of the manufactured home, of the nearest
existing residences or other grounds or buildings on each side of the proposed site, and of
existing residences or grounds fronting upon the same street as the proposed site and opposite
thereto, and also including those within 150 feet of each corner of the proposed site. As a
minimum requirement, it shall also include a description of siding and roofing material in
sufficient detail as to make possible determination as to its appearance and durability.
C. Standards for Determination of Acceptable Similarity in Exterior Appearance and Construction.
The following standards shall be used in determinations of acceptable similarity in appearance
and construction between manufactured homes with permanent foundations and residences
constructed near the site to assure that such manufactured homes will be compatible in
appearance with site built housing that has been or may be constructed in adjacent or nearby
locations.
1. No manufactured homes shall have fenestration or other features that will be
incompatible in the residential neighborhood.
2. The roof shall have sloping lines with eaves, such as gable, mansard and shed style roofs
or shall be compatible with conventionally built homes in the surrounding areas. The
pitch of the main roof shall not be less than 1 foot of rise for each 4 feet of horizontal
run. Minimum distance from eaves to ridge shall be 10 feet.
3. The roofing material shall be shake, tile, composition shingle, or other materials
commonly found on conventionally built homes in the surrounding areas.
Ordinance # 1761. page 40-10
4. The exterior covering material shall be similar or closely compatible to that found on
conventionally built residential structures in the surrounding area. Reflection from such
exterior shall not be greater than from siding coated with clean, white, gloss, exterior
enamel.
5. The exterior covering material shall extend below the top of the foundation.
6. A solid concrete or masonry perimeter foundation shall be used.
7. The exterior covering and roofing materials of the garage(s), carport(s) and accessory
buildings shall be compatible with the materials on the manufactured home.
8. The finished floor shall be a maximum of 24 inches above the exterior finished grade of
the lot, or similar to the conventionally built homes in the surrounding area.
9. The manufactured home shall be located on the lot so that the home presents a primary
entrance to the principal street frontage. Such primary entrance may be established by
the presence of porches, overhanging gables, and similar architectural features consistent
with the character of site built homes in the near vicinity.
10. Manufactured homes on permanent foundations shall meet all the property development
standards for the zone in which they shall be located. These standards include, but are
not limited to: lot area and dimension; area per dwelling unit; front, rear and side yard
setbacks; building height, lot coverage, location of accessory buildings; and offstreet
parking.
11. Manufactured homes located within the Neighborhood Conservation Overlay District
shall be subject to review for a certificate of appropriateness under the same standards
for architectural compatibility as other homes.
12. Manufactured homes shall be approved for location on individual building lots only if
they have been certified as meeting the Mobile Home Construction and Safety Standards
of the U.S. Department of Housing and Urban Development.
D. Actions by Planning Director. Upon receipt of an application as required by subsection B of this
section, the Planning Director shall make a decision to approve or disapprove of the application
within fifteen working days, or he may make referral to the City Commission. Referrals to the
City Commission shall be placed on the agenda for its regular meeting. Within five working days
after receipt of recommendations from the City Commission, the Planning Director shall make a
determination as to conformity with subsection C of this section, notifying the applicants of
approval or disapproval. In the case of disapproval, the reasons therefore shall be stated in
writing.
18.40.140 MINI WAREHOUSES
A. Minimum site size shall be one acre.
B. On-Site Circulation, Drives and Parking.
1. Each mini warehouse site shall provide a minimum of 2 exits;
2. All one-way driveways shall provide for one 10-foot parking lane and one 12-foot travel
lane. Traffic direction and parking shall be designated by signing or painting;
3. All two-way driveways shall provide for one 10-foot parking lane and two 10-foot travel
lanes; and
4. The parking lanes may be eliminated when the driveway does not serve storage cubicles.
Ordinance # 1761. page 40-11
18.40.150 OUTDOOR SALES AND DISPLAY
A. Merchandise which is offered for direct sale, rental or lease to the ultimate consumer or user
may be displayed beyond the confines of a building in any commercial district, but the area
occupied by such outdoor display shall not constitute a greater number of square feet than 10
percent of the ground floor area of the building housing the principal use, unless such
merchandise is a type customarily displayed outdoors such as automobiles and garden supplies.
In such cases, the maximum area for outdoor sales and display shall not exceed 50 percent of the
total lot area.
B. Outdoor sales and display areas shall not be located in any required yard and is also subject to
§18.42.160, BMC.
18.40.160 PORTABLE CARRY - OUT FOOD AND BEVERAGE BUILDINGS
A. A $10,000 site bond must be secured on the property. In addition, evidence of liability
insurance, with coverage of $1,000,000 per occurrence, shall be furnished by the owner.
B. Electrical service must be installed underground, in compliance with all electrical service codes,
subject to approval by the Building Department.
C. Structures shall not exceed 80 square feet in size. All structures must be on an improved asphalt
or concrete surface, be anchored to resist accidental movement, be placed upon approved
footings and have a fully electrically bonded frame. No structure shall have an axle. Enclosed
trailers must remove the axle, be secured to resist accidental movement, with all related supports
cosmetically covered with an approved material.
D. Not more than one portable structure may be placed on a zone lot (individual property or
contiguous properties held in common ownership). Portable structures shall be placed in a
manner so as not to interfere with normal vehicle and pedestrian circulation patterns or required
emergency access. Nor shall such structures be placed in a manner that eliminates or interferes
with the use of required parking spaces.
E. Requests for special temporary use permits shall be subject to review and must be approved by
the appropriate City department representatives, including but not limited to City Engineer, Fire
Marshal, City Building Official and Planning Director. Permit coordination and final issuance
shall be by the Planning Director. A Special Temporary Use Permit for Portable Carry-Out
Food and Beverage buildings shall be valid for a period of one year, and may be renewed
annually thereafter only if all regulations and requirements are strictly complied with on a
continuing basis.
F. Operations shall be subject to all licensing requirements of the Gallatin City-County Health
Board. Documentation of such licensing, including a copy of plans for water supply and
disposal, shall be provided to the planning director prior to permitting.
G. The City of Bozeman reserves the right to revoke or terminate this permit at any time by giving
30 days written notice of such revocation or termination, except that the City may, at its election,
revoke or terminate the permit at any time without giving any notice if the owner fails to comply
with or abide by each and all of the terms and conditions of the permit.
H. Portable food and beverage buildings as described herein shall not be subject to certificate of
appropriateness requirements for the neighborhood conservation and entryway corridors overlay
districts.
Ordinance # 1761. page 40-12
18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND
Recreational vehicle parks and overnight campgrounds are included in the state classification of land
subdivisions by rent or lease. Therefore, applicants for such developments shall apply for and be
reviewed under both site plan and subdivision procedures.
A. Recreational vehicle parks shall be screened from view of any adjacent residential development.
B. Internal circulation roads shall be paved with a concrete or asphaltic concrete surface.
C. Individual recreational vehicle parking pads shall be plainly marked and maintained with a dust
free surface.
D. Individual recreational vehicle parking pads shall be set back at least 30 feet from the perimeter
of the park and 30 feet from any public street right-of-way.
E. Approved trash disposal, bathroom and laundry facilities, including facilities for the
handicapped, shall be provided for use of overnight campers.
F. Recreational vehicles spaces shall be separated by no less than 15 feet and shall be no less than
1,500 square feet in area.
G. Land proposed for use for a recreational vehicle park must have a R-S, Residential Suburban
District or a RMH, Residential Manufactured Home Community District zoning designation.
Recreational vehicle parks are a principal use in the RMH district and a conditional use in the R-
S district.
18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE
DEVELOPMENT GUIDELINES AND REQUIREMENTS
A. Purpose.
1. The purpose of this section is to establish general development standards for large scale
retail developments. These standards are intended and designed to assure compatibility
of uses; to prevent urban blight, deterioration and decay; and to enhance the health,
safety and general welfare of the residents living within the City of Bozeman.
2. These standards are also intended to be used as guidelines for evaluating and assessing
the quality and design of proposed large scale retail developments. The particulars of any
large scale retail developments will be evaluated against their respective standards
contained in this chapter. It is expected that the quality and design of the large scale retail
developments, while not necessarily complying with the exact standards of this chapter,
will meet or exceed the intent behind these standards.
3. Applicability. All uses listed in this chapter shall be subject to the specific standards
described for each use, in addition to all other applicable standards which may apply.
B. Limitations on Size of Retail Stores.
1. No retail building, utilized by a single tenant, shall exceed 75,000 square feet.
2. Retail development consisting of one or more single tenant building(s) greater than
40,000 square feet may offer for direct sale to the public merchandise, which is displayed
outdoors, but the area occupied by such outdoor sales and storage, exclusive of
warehouses, shall not exceed 25 percent of the total square footage of the retail
building(s) and shall also comply with §18.40.150, BMC.
3. Notwithstanding §18.40.180.B.1 and §18.40.180.B.2, BMC, when an otherwise lawful
retail building, in excess of 75,000 square feet, exists as of March 21, 2003, such building
shall be considered a development nonconformity. Said building may be continued,
structurally altered, repaired or reconstructed so long as it is not increased, extended or
Ordinance # 1761. page 40-13
enlarged beyond the gross floor area of the building that existed on March 21, 2003. To
the extent practicable, the design and site development guidelines of this section shall be
applied to any alteration, reconstruction or repair that takes place after March 21, 2003.
4. The following principal uses are exempt, as they pertain to outdoor sales and storage:
a. Recreation vehicle sales and auto sales;
b. Agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and
c. Plant nursery.
C. Design and Site Development Guidelines for Certain Retail Developments.
1. Retail development consisting of a single tenant building greater than 40,000 square feet
shall be subject to the design and site development criteria and development standards
contained in subsection 5 and 6 below. These guidelines shall be applied as part of the
review and approval process for use permits and detailed applications. For
developments in the entryway corridor, which are also subject to the design guidelines in
Chapter 18.30, BMC, if there is any conflict between the guidelines, the more restrictive
guideline shall apply. The guidelines in this section shall not be applied to any
development or portion of a development that is covered by an approved use permit as
of March 21, 2003, unless modifications to the use permit are proposed by the applicant.
2. Intent and Purpose. All new construction of retail buildings described in subsection A
above will be subject to design review. It is the intent and purpose of this section to
ensure the quality of retail development will enhance the impression and enjoyment of
the community both by guiding development and change that occurs after the adoption
of the ordinance codified in this section, and by stimulating and assisting, in conjunction
with other provisions of this title, improvements in signage, landscaping, access and
other contributing elements of retail development appearance and function. It is further
the intent of this section to establish design criteria, standards and review procedures
that will allow the City and its advisory boards and agencies to review and direct, in a fair
and equitable manner, the development and redevelopment of future and existing
properties and facilities governed by this section. The recommendations of the Design
Review Board or administrative design review staff shall be given careful consideration
in the final action of any agency, board or commission involved in decisions involving
retail developments governed by this chapter.
3. The Design Review Board and administrative design review staff shall have the powers
and duties provided by this title in considering applications subject to this chapter.
4. Certificate of Appropriateness. A certificate of appropriateness, received from the City
Commission, with a recommendation by the Design Review Board, shall be required as a
condition of site plan approval for any development governed by this section.
Application, review and public notice procedures for proposals governed by this section
are set forth in Chapter 18.76, BMC, Noticing, and Chapter 18.34, BMC, Review
Procedures for Site Development. A denial of a certificate shall be accompanied by a
written statement of reasons for the denial.
5. Design Criteria and Development Standards. In addition to all other applicable review
procedures and design criteria, all development governed by this section shall exceed
design criteria and development standards contained in Chapter 18.30, BMC, Entryway
Overlay District, including the general design objectives and guidelines contained in the
adopted or updated Design Objectives Plan, regardless of location or zoning district.
Said design criteria and development standards shall be exceeded through design
practices such as additional architectural detailing, exceptional landscape design,
Ordinance # 1761. page 40-14
improved public spaces, use of renewable energy and/or recycled construction materials,
and provisions for alternative modes of transportation. The City Commission shall
determine whether established design criteria and development standards have been
exceeded based on a recommendation from the Design Review Board.
6. Adaptability for Reuse/Compartmentalization. The building design shall include specific
elements for adaptation for multi-tenant reuse. Such elements may include but are not
limited to compartmentalized construction, including plumbing, electrical service,
heating, ventilation and air conditioning. The building design shall also allow for:
a. The interior subdivision of the structure into separate tenancies;
b. Facades that readily adapt to multiple entrances and adapt to entrances on all but
one side of the building;
c. Parking lot schemes that are shared by establishments or are linked by safe and
functional pedestrian connections;
d. Landscaping schemes that complement the multiple entrance design; and
e. Other elements of design which facilitate the multi-tenant reuse of the building
and site.
7. Appeals. Appeals may be taken as provided for in Chapter 18.66, BMC.
D. Additional Criteria and Site Development Guidelines for Certain Retail Developments.
1. Applications for large scale retail development shall include a renewal plan that will
afford maximum opportunity, consistent with the sound needs of the municipality as a
whole, for the rehabilitation or redevelopment of the structure in the event of closure or
relocation by the original occupant. Such plan will be approved if the City Commission
finds that:
a. The plan conforms to the City’s growth policy and the requirements of this title
or parts thereof for the municipality as a whole;
b. A sound and adequate plan exists for said redevelopment;
c. The plan affords maximum opportunity for rehabilitation or redevelopment of
the structure by both private enterprise and the City; and
d. The renewal plan provides a maintenance plan for normal repairs and upkeep of
property, including but not limited to building, parking lot and surfacing,
landscaping, signage and elimination of legible impressions, images, or remnants
of signs remaining on a building or sign surface after the use for which the sign
was permitted ceases to operate.
2. The City may enter into a development agreement with the owner of the real property
and undertake activities, including the acquisition, removal or demolition of structures,
improvements or personal property located on the real property, to prepare the property
for redevelopment. A development agreement entered into in accordance with this
section must contain provisions obligating the owner to redevelop the real property for a
specified use consistent with the provisions of this title and offering recourse to the City
if the redevelopment is not completed as determined by the City.
E. Review. The provisions of this section shall be reviewed by the Commission in five years and
updated as needed.
18.40.190 STABLE, COMMERCIAL
A. The minimum property size shall be ten acres.
Ordinance # 1761. page 40-15
B. Structures or facilities used for stabling, storing, showing or training of animals shall be set back
a minimum of 100 feet from any adjacent privately owned property. Dwelling units, accessory
structures incidental to dwelling units and irrigated pasturage may occur within the 100-foot
setback area subject to the setback requirements of the applicable zoning district.
C. There shall be at least a 20-foot yard adjacent to any street.
D. There shall be no shows or other activities which would generate more traffic than is normal to a
residential area, unless the proposed site has direct access from an arterial street as set forth in
the Bozeman growth policy. Permission for such shows and activities shall be obtained from the
City. Notification shall be provided in a letter that explains the nature and duration of the
activity, and accommodations for spectators, traffic control and additional parking for cars and
trailers. This letter shall be submitted to the Planning Director at least one month prior to the
date of the show or activity.
E. All pasture and animal storage areas shall be enclosed with fences or walls of a minimum of 4
feet, 6 inches in height. The design of these enclosures shall be shown on drawings submitted
with the conditional use permit application.
F. All laws applicable to the public health and appropriate care of animals must be complied with
for the entire period of operation of the stable.
G. All activity and pasture areas that are not grassed shall be treated for dust control as approved by
the Planning Director.
H. Adequate parking for daily activities shall be shown on the site plan and improved to City
parking standards. Additional parking, improved as determined by the Planning Director, shall
be provided for shows or other special events.
18.40.200 TENNIS AND RACQUET CLUB
A. The use will be compatible with any adjacent neighborhood and will not be detrimental to the
same due to:
1. Increased automobile traffic;
2. Noise generated from within the site.
B. Perimeter fencing of the site may be required, fencing of outdoor courts shall not exceed 16 feet
in height, and fencing may be required to be opaque by the Planning Director or City
Commission.
C. When the club is located within a residential zoning district, there shall be no shows,
tournaments or other activity which would generate more traffic than is normal to a residential
area, unless access is provided from an arterial street as set forth in the Bozeman growth policy.
If access is not provided from an arterial street, permission for such shows and activities shall be
obtained from the City Commission. Permission shall be requested in a letter with a site sketch
that explains the nature and duration of the activity and accommodations for spectators,
additional parking and traffic control. This letter shall be submitted to the Clerk of the
Commission for City Commission consideration.
D. There shall be a landscaped 50-foot buffer strip adjacent to any residential zoning district, or as
otherwise determined by the ADR or DRB.
E. Hours of operation may be controlled by the City Commission.
18.40.210 COMMUNITY CENTER
A. Within residential districts, there shall be public street access onto an arterial or collector
standard street within 600 feet of the entrance to a community center site.
Ordinance # 1761. page 40-16
B. Community Centers located within residential districts shall, when any individual structure
exceeds 5,000 square feet in gross floor area or exceeds the district’s allowed maximum height,
provide a 20 foot landscaped yard between the building and adjacent residential uses. A structure
separated from the adjacent residential uses by a parking lot, public street, watercourse, public
open space, or similar separation is exempt from the additional yard width requirement.
C. Each community center site with more than 40 parking spaces shall provide a minimum of 2
ingress/egress points which comply with Section 18.44.090.
Ordinance # 1761. page 40-17