HomeMy WebLinkAboutUDO Revised Chapter 18, 8-8-09, Ordinance 1761'The following sections are proposed for amendment with application 1-08041
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Section Number Edit
18.16.020 lydded footnote 9 to cross reference to the accessory Dwelling Unit
section for increased claritv~;
18.16.030.0 Confirm applicabilit}~ of the RSL construction requirements for
pre~~iously platted lots.
18.16.040 Removed reference to modular lots, establish requitement for
useable lot area;
18.16.050 added statement about orientation of garage doors to the street;
18.18.020 Change Essential Service II from conditional to principal use. allow
light good repair as an accessory use in the B-3 district, added ~
footnote 7 to Sales of ;alcohol for on-premise which cross references
another c~isting I3MC provision.
18.18.040 Removed reference to modular lots;
18.18.050 .Mow 0 foot side yard setback for shared parking facilities;
18.18.060 New section to require 12 foot n~iimum ceiling heights in ground
floor in 13 districts;
18.20.020 Reauthorize lumber yards and building materials sales as a Principal
use in M-1 & 2, inadvertently made a CLIP when retail uses were
consolidated, Change Essential Sei-~~ices II from conditional to
principal use;
18.28.040 Provide for updating of historic inventory forms in conjunction with
a certificate of appropriateness;
18.28.050 Standards for COlys in the Consei-~~ation Overlay district. Specify
distinctions between standards applicable in NCOD overall and in
Historic District or Landmark status. ~11so incorporate cross
references relating to the Citc~'s historic presei~~ation tax credit
program;
18.34.020 Reword for greater clarity, no change to the classifications of site
plans;
18.34.050 Specif}~ thresholds for when grading and other projects may be
classified as a sketch plan; specify that plan changes may be requited.
18.34.100 Conditional Use Permit (CUP) termination provisions -How to
terminate a CUP either by abandonment or revoked for failure to
comply with conditions. Voluntary/involuntary options;
18.34.160 Clarify application of review procedures for modification or
enlargement of structures through CUP
18.38.050.E Revise half-story specification for accessory buildings to be defined
by a three foot sidewall;
1838.050.E Clarify that screening of mechanical equipments on roofs does not
apply to solar or wind power deg=ice;
18.38.060.1.7 Explicitly exempt flag poles from setbacks, reduce lighting and
specify need to meet street vision triangle;
18.38.060.D r~llow wind turbines to exceed height restrictions in zoning districts
in certain circumstances and to defined heights;
18.40.030 Revise sidewall height for accessoi-~~ dwelling units to correspond to
changes in accessory buildings, clarifi~ application of garage location
to ~~DU in multi-household zoning districts;
18.40.090 Revise submittal of condominium documents and internal circulation
review to discretion of city engineer;
18.40.110 Revise process for review of complaints regarding home occupations
to use public meeting;
18.40.210 Clarify= commuiuty center setbacks to apply in residential districts,
and vehicle parking entrance requirements;
18.42.030.K Delete option for creation of modular lots;
18.42.080 Revise requirements for grading and drainage, specifically include
requirements for storm water control plan compliance, clarifi~ who
requires easements and location of stormwater ponds;
18.42.150 Rey=ise timing for installation of street lights to be included with
initial development, SILD only for maintenance;
18.42.180 Restricted Size Lots -Deleted entirely
18.46.020 Revise requirements for internal spaces in residential garages, allow
for pervious parking lot surfacing and encourage stormwater
minimization, lighting, and allow for curb alternarives for drainage
control;
18.46.040 Specify minimum parking requirements to apply to both motor
vehicles and bicycles
18.46.040.B Clarify that parking is not required to be provided free to the user,
~~dd a statement that for all uses not specifically listed in the parking
table the Director will determine the appropriate number of required
parking stalls for the specific use that is not listed, Revise numbers of
parking stalls required for some uses, Revise benefits for transit
proximit)~ and location in nodes;
18.46.040.E Revise bicycle parking requirements to provide specific numbers of
parking sites and give design standards;
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18.52.0301; Kemovc allowance for time and temperature and restrict electronic
suns;
18.52.050 Revise application of exempt sign provisions to require conformance
with the chapter;
18.52.140 Revise off-premise signs to allo~~~ signage in transit shelters and
establish standards;
18.52.150 Remove content restriction in park signage;
18.56 Revise wetlands review standards and procedures; specify review
criteria and qualifications for delineations, revise, duties of WR13,
require functional assessment o£wetlands prior to annexation, add to
required conditions for issuance of wetland permit.
18.62.010 Revise duties and membership of the wetlands review board;
18.64.010 Specifi~ who conducts public agenc~~ exemption public hearings;
18.64.050 Revise provisions for permission to enter in conjunction with
development application to run for the duration of the project;
18.64.11)0 Revise site preparation to conform to stormwatcr plan pernutting
requirements by liliuting the amount of earthwork which can be done
at different stages;
18.64.1 Ci0 Revise notice of violation provisions and include civil penalties as an
enforcement option;
18.72.030 Revise enforcement provisions for covenants to require a public
meeting rather than a public hearing;
18.74.030.B Revision to street lighting requirements so street lights arc installed as
part of street infrastructure. Installation of lights up front with SILD
for maintenance;
18.74.060 Include street lighting with restricted items in improvement
agreements;
18.76.020 Revise contents of public notices to remove maps in notices
published in the newspaper;
18.76.030 ~~llow for additional means of noticing when deemed necessai~- and
add posting for agenc~~ exemption hearings;
18.78.130 Revised submittal requirements for wetlands review;
18.80.3115 :1dd definition of usable lot area;
18.80.3170 Re~~ise the definition of wetland.
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CHAPTER 18.16
RESIDENTIAL ZONING DISTRICTS
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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
primaril}~ 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 pro~ride opportunities for a
variety of housing types and arrangements within the communit}' while providing a basic level of
predictabilit}'• There is a rebuttable presumption that the uses set fords for each district will be
compatible with each other when die standards of this title are met and an}' applicable conditions of
approval have been satisfied..ydditional requirements for development apply within overlay districts. rill
development is subject to j~18.02.05~, B1~IC.
~~. 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 linut the desirable density. r1ll new subdivision and site plan
developments in this district shall be subject to the provisions of Chapter 18.36, Bl~IC, 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
primarih~ single-household residential development and related uses within the City at urban
densities, and to prop°ide for such community facilities and sen~rices as will serge the area's
residents while respecting the residential character and qualit}~ of the area.
C. "ihe intent of the R-2, Residential Two-household, 1~Iedium 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 sen-~re such
development while respecting the residential gualit5~ and nature of the area.
D. The intent of the R-3, Residential Medium Densit}~, district is to provide for the development of
one- to five-household residential structures near sere-ice facilities within the Ciry. It should
provide for a van7ety of housing t}'pes to sen-~~e die varied needs of households of different size,
age and character, while reducing the adverse effect of nonresidential uses.
F.. The intent of the R-4, Residential High Density district is to provide for high-density residential
development through a variet}- 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. I~lthough 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 priman-}~ 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 anon-residential designation
the primary use shall be office and other non-residential uses. Primary use shall be measured b}'
• percentage of building floor area.
Ordinance # 1761: Effective 1-~ugust 8, 2009. page 16-1
G. The intent of the RMFI, Residential Manufactured I1ome Community district is to pro~ride 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 de~relopment perntted b~~ this title.
18.16.020 AUTHORIZED USES
~~. Uses in the various residential districts arc depicted iii the table below. Principal uses are
indicated with a "P", conditional uses are indicated with a "C", accessory- uses are indicated with
an "~" and uses which arc not permitted with the district are indicated by a "-".
B. additional uses for telecommunication uses are contained in Chapter 18.54, 13MC.
Table 16-1
Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
_~ccessor~~ dwelling unitss~ ~ C C P P P P -
:1gr-icultural uses on 2.5 acres or more'- P - - - - - -
agricultural uses on less than 2.5 acres C - - - - - -
~parnnents/_~partment Building, as defined in
Cha ter 18.80 _ _ _ P P -
assisted liavig/elderl}' care facilities - - - C C P -
Bed and Ureakfast C - C C P P -
Commercial stable C - - - - - -
Communit}' centers C C C C C P C
Communit<- residential facilities (with more than
four residents C C C P P P C
Cooperative housing C C C P P P C
llav care centers C C C P P P C
Issential ser~•ices (Type I) P P P P P P P
Essential ser-~rices (Type II) C - - - - - C
Extended sta}- lodgings - - - - P P -
Family day care home P P P P P P P
Fences _~ .~ _~ .~ .1 _~ .~
Fraternit)~ and sorority houses - - - C P P -
Golf courses C C C - - - C
Greenhouses ~ 1 ~ _~ .~ _~ -
Group day care home P P P P P P P
Guesthouses .1 _~ _~ _~ .1 :1 -
Ordinance # 1761: Effective august 8, 2009.
page 16-2
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Table of Residential Uses Authorized Uses
R-S R-1 R-2 R-3 R-4 R-O RMH
Home based businesses' _~/C _~/C _~/C .~/C .~/C .~/C _~/C
Lodging houses - - - C P I' -
Offices - - - - Cj P -
Other buildings and structures t)•picall}- accessor}~
to authorized uses ~ ~ .~ ~ ~ ~ .~
Private garages 1 _~ _~ _~ .1 .1 _~
Private or jointl}~ owned recreational facilities .~ _1 .~ ~~ ~ 1~ 1~
Private storm water control facilities _~ .~ .1 _~ ~~ .1 .A
Private velucle and boat storage ~ _1 ~~ _~ _1 .~ :~/C'
Public and private parks P P P P P P P
Manufactured homes on permanent foundations' P P P I' P P P
Manufactured home coimnuiuties - - - - - - P
Medical offices, clinics, and centers - - - - C P -
Recreational velucle parks C - - - - - P
Signs, subject to Chapter 18.52, B.\IC _~ .~ _~ _1 _1 .~ _~
Single-household dwelluig P P P P P P P
Temporan~ buildings and I-ards incidental to
construction work ~ ~ ~ ~ ~ 1~ ~
Temporai-~- sales and office buildings _~ _~ _~ .1 .~ .~ _~
'IIu•ee- or four-household dwelling - - - P P P -
Two-household dwelling - - I' P P P -
Townhouses (two attached units) P' P% P P P P P'
'Townhouses (five attached units or less) - - - P~ P P -
Townhouses (more than five attached units) - - - - P P -
1'001 sheds for storage of domestic supplies ~ _~ .~ ~ .~ _~ _1
l?ses approved as part of a PUD per Chapter
1836, B~IC
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C
C
C
C
C
C
\'eterinai-~~ uses C - - - - - -
Notes.
'A9arnr%a~lure~J bome.r are ~~~bjet/ to the ~tUiz~larrl~ of,~18.40.130, B[14C.
Agriaalt7sral ~~~e,r inibsde~ harm and animal.rbefle~~, and t/~e keeping of aj~i»7ulr a~rrl %ml, together ~nitb their r1e~e~rdent ~~ou~zg, ar be~eiiaa%tei•.ret
fo~7b per 2S acres: one bone or one cow; two rfieep or two goat; ten rabbit; lbirtL--~zti jowl (~•1~icken.~, phea~antr, pageon•r, etc.) or ..ix lamer fond
(chack~, geese, t~~~;~e}'s, etc.). For larger parcelr t/~r~ Plma~ain~ Director nlah determine that a lav,~er n~an>her o/~ lia~e.rtoik i.r conri.rtent n~itb the
requirement of this rectiaa.
Only when in conjunction with cb~~ellin~~.
Ordinance # 1761: Effective august 8, 2009. page 16-3
'Storage Jortnote than three recreationaltrehic%.r or bouts.
Home bused htrrirte,r.~es are subject to the tet~n,r atul threshold. o% ~' 18.10.1 >0, B~~9C.
°Lt the R-3 district, ton~nhonregrotrp.r.rhal/not exceed 120 feet ua tota/mir/th •
7n the IZ-S, R-1, unrl Ii,$fH district totntt/mme.r arc onl}' u/loured n~hen nti/itied to .,uti._rfp the regtrirementr of Tit/e 17, Chapter 2, 8,170.
~9/Jadable T I otesing. A1a~~ onl~~ be utiliyed in det~e%pments subject to Chapter 17.02. B1~1C
'Not peruritted on reduced ,ritie Tots for nror~ force housing ar desetzbed in Chapter 17.02, RA-1C.
~Acce.rsoty~ Dn~ellitzg Unit.r in the RS and 1Z 1 Disttic%', ,rha11 be pet~nitted to be placed ubot~e gurage.r onh~ in .rubdiur.rions receiving pre%minar~~ plat
approvulofterJanuat7~ 1, 1997.
18.16.030 LOT COVERAGE AND FLOOR AREA
.~. Maximum Tot coverage b}~ principal and accessor}' buildings shall be:
1. For newly created lots in the K-S district, determined through the PUD review
procedures set forth in Chapter 1b.36, BMC, in compliance with the adopted Bozeman
growth policy.
a. I'or 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 K-1, R-2, R-3 and RMII 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 BI\IC not more than 60 percent of the lot area shall be covered by
principal and accessoi~~ 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 ha~-e 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 b~~
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 j118.42.180,
Provision of Restricted Size Lots and Lnits, (excluding area used for a garage) shall not exceed a
floor area ratio of 1:33. 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
.-~. .~11 lots shall ha~re a minimum area as set forth in the table below and are cumulative. 'T'hese
minimums assume a lack of development constraints. L,ach 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 Feett
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling See Paragraph 5,000 5,000 5
000 5
000' S
000~ 000'
5
C helow , , , ,
Single-household dwelling (onl}~ for dwellings to
satisfy minimum requirements of Chapter 17.02, 2,700s 2,700" 2,700" 2,700H 2,700s 2,7008 2,?OOR
B\IC
Ordinance # 1761: Effective llugust 8, 2009.
page 16-4
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Lot Area Table Minimum Lot Area in Square Feet'
R-S R-1 R-2 R-3 R-4 R-O RMH
'T~x~o-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 -
13\1C)-
Lot area per dwelling ii1 three- or four-household
dwellin confi orations _ _ _ 3,000 3,000 3,000 -
Lot area per dwelling in three- or four-household
dwelling configurations (onh• for dwellings to _ _ _ ~ J00 2
500 500
x -
satisf}~ minimum requirements of Chapter 17.02, , ,
H\IC
'Townhouses - - 3,000' 3,000'- 3,000'- 3,000 -
'1"ownhouses (only for dwellings to satisfy 2
500 2
500 2
500 2
500 500
2 x
500 2
500
mii~num re uirements of Cha ter 17.02, B~fC) , , , , , , ,
_~partments -first dwelling - - - - 5,000 5,000 -
_~partlnents -each duelling after the first - - - - 1,200 1,200 -
.Aparunents -each dwelling after the first (onl}- for
dwellings to satisfr minimum requirements of - - - - 900 900 -
Cha ter 17.02, B~IC
_~dditional area re uired for an accessor~• d~x~ellin
q b
1
000'
1
000
000
1
1
000'
1
000
1
000'
-
unit3 , , , , , ,
X11 other uses 5,000 5,000 5,000' 5,000' 5,000 5,000' S,000~
'In ors%r 1o conrp~~ svitb the ~taardardr corrtairred in Title 18, Iot area in exce.r~ o% the regraired rnintmnm ma~~ be needed,. for exanrp/e for corner tot...
par~;ing, landtcapin~ or la><~e residential.rhzrc7nre,r, and mal~ be nece.rrarl~ for property adjacent to materionr~er, rirl~elirse~~, or other environn7ental
Jeature.~ irs order to provide ars apprrrpriate buildable Urea on the 101.
-For lonnhou.re cluder:r the mirrinr~rn> average /ot areaper dn~ellzrsg irr an individua/.rtr7~cture shall be 3.000 ~yarare feet:
~~9.c defined irr Chapter 1 x.80, B~1~C and subject to the regr~irensentr of Chapter 18.0, B~19C.
'E.a7ra lot ~itie requirement does not apple mben K-S 101 are larger than 6,000 square feel.
',Second dmellin~.~ in acce.r~ory br~ildhr;.r are .nab~ect to all rerlrzctiorzr in this lztle relating to acce.rror~~ building. I~ot area and mrdtfi shall be provided
ar if the dwelltrrg mere at/ached to theprincrpal use. Drvellirrgr 1o he developed tattier tbi,r option are ~ubjecl to ,~18.d0.030, 13.190.
`Per tomrahou~e lot.
~~19ay ortl~~ be ulilitied in developments subject 1o Chapter- 17.02, I3MC:
s ~9 larger lot ritie tttay be required to conrpfy~ milh the reytrirement.~ of Secyion 17.02.050, table ll~9ix and Price ojDrvellirz~ Urtitr
B. ~ll lots shall have a minimum width as set forth in the table below. These minimums assume a
lack of development constraints
Table 16-3
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Lot Width Table Minimum Lot Width in Feet
R-S R-1 R-2 R-3 R-4 R-O RMH
Single-household dwelling ~°` ~'i;~'~~~~''''~' `~ 50 50 50 50 50 50
Single-household dwelling (onl}' for
dwellin s to satisf ~ re uirements of
Cha ter 17.02, B\lC
"`''"`''"`'''~' `~
30
30
30
30
30
30
Ordinance # 1761: Effective august 8, 2009. 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 70 50 -
_~ccessoiti- dwelling unity 50 50 60 60 (i0 60 -
Du~ellings in three- or four-household
du~ellin confi rations _ _ _ 60 60 60 -
Townhouses 30 30 30 ~~"~`~"'~ "~" i'~"'` ~~"~'~"''
.ill other uses "~'~ ~' "`"`,,,~, `
~,~~.,~, 50 50 50 50 50 50
1~'ole.r:
'Seiond dwellings irr acce.~,rory Gerilding~ are .n~G~ecl to all re.~lriclior~~ irr Ihi.r title relating la a~ce.re~r~~ Gzrildir7~,r. Lot area arrd mid1G shall be provided
as if lbe dwelling »~ere attached fo lbe principal tree. Dwellings to Ge developed arnder t/~i.r option are .r7~bjecl to ~'18.-F0.030, B11IC.:
C. Lot Area and Width for R-S, Residential Suburban Lots.
Lot area and width for newt}- created lots in R-S districts shall be determined through the
PlJll review procedures set forth in Chapter 18.3(, BMC and in compliance with the
adopted Bozeman growth polic}-. Unless otherwise approved through the planned unit
development process, the average lot size shall be one acre.
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2. Eaistitig lots iii the R-S district not utilizing a communit}' water and/or sewer s}'stem
shall be considered nonconforming lots if less than one acre in area and/or 100 feet in
width and subject to Chapter 18.60, Bl\1C. l~listing lots ili the R-S district utilizing a
communit~~ water and/or sewer s}stem 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 PliD process. Amount
of a bonus, methodolog}~ for calculating the bonus, and standards for allowing a bonus are
described in ~18.3G090.F_.2.b(6), BMC.
18.16.050 YARDS
~~. i\Iinimum yards required for the R-1, R-2, R-3, R-4, R-O and RMH districts are:
1. Front j-ard:
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 }'ard - 20 feet
a. Adjacent to arterial streets as designated in the Bozeman growth polic}~ - 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. I~linimum 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 ~~ard - 35 feet
Ordinance # 1761: Effective August 8, 2009. page 16-6
b. Rear ~~ard - 25 feet
c. Side yard - 25 feet
2. 1\linitnum yard requirements for newly created R-S lots shall be determined through d1e
PUD review process.
3. ~~ll 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 anti propert<~ 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 .ill yards arc subject to the provisions of X18.30.060, x,1838.060, j18.42.100, x,18.44.100 and
~ 18.48.100, BMC.
18.16.060 BUILDING HEIGHT
l~laxilnum 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 3a2 24 24 24 32 34 34 2-~
3:12 or greater but less than 6:12 30 28 28 38 38 3~i 28
G:12 or heater but less than 9:12 3~ 32 32 ~0 42 42 i2
Equal to or greater than 9:12 38 36 36 42 ~~ 44 36
18.16.070 RESIDENTIAL GARAGES
~~ttached residential garages shall not obscure the entrance to the dwelling. ~~ttached garages are
required to be clearly subordinate to the dwelling. ~~ subordinate garage has two or more of the
following characteristics:
~. "1'he 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 eisually don~iant;
B. The facade with the garage vehicle entrance(s) is recessed at least 4 feet behind the facade of the
dwelling containing the main envy; 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 facade shall
include all wall areas parallel to the garage door(s).
l~lternative 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. Velucular
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 R1~ZH district shall be subject to all applicable
requirements of Chapter 18.40, BI\7C, Standards for Specific Uses and Chapter 18.42, BI\7C,
Development Standards, including, but not limited to, fences, parking, signs, landscaping and home
Ordinance # 1761: Effective August 8, 2009. page 16-7
occupations. In addition, manufactured home communities will be subject to the following general
requirements:
1~. Minimum I~rea for Manufactured Home Communit4~ District.
1. 1$e muumum total Rl~1H district area shall be no less than 10 acres unless the applicant
can show that the minimum area requirements should be warred because the wai~rer
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 iii order to conserne a physical or terrain feature of importance to
the neighborhood or communit}~; or
b. "I'he property- is adjacent to or across the sued from property- which has been
developed under the provisions of this section and will contribute to the
amei>ities of the area.
2. Waiver of the 10 acre minimum may only be granted b}' the City' Commission.
•
Ordinance # 1761: Effective I~ugust 8, 2009.
page 1G-8
CHAPTER 18.18
COMMERCIAL ZONING DISTRICTS
•
18.18.010 INTENT AND PURPOSE OF COMMERCIAL ZONING DISTRICTS
The intent and purposes of the commercial zoning districts are to establish areas within Bozeman that
arc primarily commercial in character and to set forth certain minimum standards for development
within those areas. "I"he purpose in having more than one commercial district is to provide opportunities
for a variety of employment and community set-~Tice opportunities within the community, while
providing predictabihry. There is a rebuttable presumption that the uses set forth for each district will be
compatible with each other both within the individual districts and to adjoii>ing zoning districts when
the standards of this tide are met and any applicable conditions of approval have been satisfied.
,ldditional reyuiiements for deg=elopment apply within overlay districts.
.~~. The intent of the B-1 neighborhood business district is to provide for smaller scale retail and
sei-~~ice activities frequently required by neighborhood residents on a day to day basis, as well as
residential development as a secondary purpose, while still maintaining compatibility with
adjacent residential land uses. llevelopment scale and pedestrian orientation are important
elements of this district.
B. The intent of the B-2 community business district is to provide for a broad range of mutually
supportive retail and sei~~ice functions located in clustered areas bordered on one or more sides
by limited access arterial streets.
C. The intent of the B-3 central business district is to provide a central area for the communit)~'s
business, government ser~~ice and cultural activities. Uses within this district should be
appropriate to such a focal center with inappropriate uses being excluded. Room should be
provided in appropriate areas for logical and planned expansion of the present district.
1. It is the intent of this district to encourage high volume, pedestrian-oriented uses vi
ground floor space iii the "core area" of Bowman's central business district, i.e., along
plain Street from Grand to Rouse and to the alleys one-half block north and south from
Main Street. ].,over volume pedestrian uses such as professional offices ma}' locate on
ground floor space in dle B-3 area outside the above defined core.
18.18.020 AUTHORIZED USES
~~. Uses in the various commercial districts are depicted in the table below. Principal uses are
indicated with a "P", conditional uses are indicated with a "C", accessoi~~ uses are indicated with
an "~~", and uses which are not permitted within the district are indicated by a "-". ~ particular
proposed development or use may fall under more than one listed category with different review
processes. In such cases, the more stringent review process shall apply.
B. The uses listed are deliberately broad and some are given special definitions in Chapter 18.80,
BMC. 'I"he intent of this method is to provide general guidance for uses while allowing the
unique needs and circumstances of each proposal to be specifically addressed tlv-ough the review
process. Some uses are the subject of special regulations contained in Chapter 18.40, BMC.
C. ~~dditional uses for telecommunications are established in Chapter 18.54, BMC.
r~
~~
Ordinance # 1761: Effective ~~ugust 8, 2009. page 18-1
Table 18-]
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
_~mbulance serl-ice - P P
_~parUnents and apartment buildings', as defined in tlus title P P ~/C P ?
:Arts and entertainment center, as defined in tlis title P P P
Assisted luring/elderl}- care facilities - C _
automobile fuel sales or repair, as defined in this title C C C
automobile parking lot or garage (public or pri~~ate) P P P
automobile washing establishment C P C
Banks and other financial institutions I' P P
Business, technical or vocational school - (; p ;
Bus terniinals - C C
Covmlwit}~ centers P P P i
Convenience uses C P C
Cony*enience use restaurant P P P
Da}~ care centers P P P
Essential ser<rices (Type I) P P P
Essential sei-~~ices ('hype II) - P P
Extended- stay lodgings - P P
Food processing facilities - C -
Frozen food storage and locker rental - P -
Health and exercise establishtnents P'/C P P
Hospitals - P C
Hotel or motel - P P
Laboratories, research and diagnostic - P P ;
Laundr}', dr}~ cleaning - C C
Light goods repair, as defined in tlis title - C ~
Lodging houses - C C ;
Manufacturing, light and completel}' indoors - C -
\lortuai~~ - C, ~;
Ordinance # 1761: 1? ffecti~~e ~~ugust 8, 2009.
page 18-2
•
•
•
•
•
Table of Commercial Uses Authorized Uses
B-1 B-2 B-3
Museum - C L
Medical and dental clinics P ~/C P P
Meeting hall - P P
Offices, as defined in this title P'/C P P j
Other buildings and structures t}~picallv accessory- to permitted uses .~ .~
Parking facilities P P P~
Personal and convenience sen~ices, as defined in this title P P P
PeY glOOnllng Shop P P P
Printing offices and publishing establishments - - L
Private club, fratenutl°, sororitg or lodge - P P
Public buildings P P P
Refuse and rec~~clizig containers _1 _~ _~
Research laboratories - P P
Restaurants P' P P
Retail uses, as defined in this title P ~ P' P'
Retail, large scale - P -
Sales of alcohol for on-premise consumption's C C C
Sign paint shops (not including neon sign fabrication) - P C
Upholster}~ shops (excluding on site upholster~~ ser-~rice for cars,
boats, trailers, trucks and other motorized vehicles requiring
overni ht stora e
-
P
P ~i
V'eterinar}~ clinic - C -
\&'holesale distributors with on-premise retail outlets, pro~7ding
warehousing is limited to commodities which axe sold on the
rernises
-
C
-
~~~holesahe establishments that use samples, but do not stock on
remises _ P P
~nh use, except adult businesses and casinos approved as part of a
planned unit development subject to the pro~~sions of Chapter 1836,
I3~IC
C
C
C
Notes:
' I~''hest looa/erl on the reco~acl a- e~shrequenl floar•, or bare~ne~s1 ar ~'e/i~red ira Chgp/er 18.80, B111C.
'Lxelzrding a~1u11 hauine~:~er, airrl la~~e .vale retail, as lhep are deJi~rec! in Chapter 18.80, BA4C.
~F,a~cepl on groznrd door in tfie core area a~ c%~irsed in this chapter.
'P~zvate arty i~ul~xrct7o~a .hall o~zlp Ge ova t/re .reconrl or.rsrGreyyent f/oor i» the core area a~~ de/fined i7t this chapter.
`F.xchuive of d~zve-in...
Ordinance # 1761: Effective r~ugust 8, 2009. page 18-3
'';~la)~ be .rtrGject to the j~roui~ione~ of CGapter 17.02. B~19C
~9I~o .~~~bject Io CbaJ~ter 5.12, B~l1C:
18.18.030 LOT COVERAGE AND FLOOR AREA •
~~. In the B-1, B-2 and B-3 districts, the entire lot, exclusive of required yards and parking, ma~> be
occupied by the principal and accessory buildings. Phis title provides opportunities for parking
requirements to be met by shared and off-site parking as allowed by Chapter 18.46, BMC.
B. In the B-1 district, the footprint of individual buildings shall not exceed 5,000 square feet.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required by
the City's adopted International Building Code.
18.18.040 LOT AREA AND WIDTH
1~. loll newly created lots shall have a minimum area adequate to provide for required }'ands and
parking but in no case shall they be less than:
1. B-1 - 5,000 square feet
2. B-2 - No minimum size
3. B-3 - No minimum size
B. Lot width for all newly created lots shall not be less than:
1. B-1 - 50 feet
2. B-2 - 100 feet, except it1 Conservation Overlay District shall have no minimum width
3. B-3 - No minimum width
18.18.050 YARDS •
~. Minimum yards required for the B-1 and B-2 districts are:
1. Buildings:
Front yard - 7 feet, except along arterials where minimum is 25 feet
Rear yard - 10 feet
Side yards - 5 feet (except zero lot lines as allowed by \ 18.38.060, BMC)
2. Parking and loading areas:
Front yard - 25 feet
Rear yard - 10 feet
Side yards - 8 feet'
Side and rear,7~a~rlr for~a~kin~ naap Ge alloz~~ed to Ge 0 Jeet n~ben coordinated paring a~rangenzentr betn~een
adjacent prope~7ie.r i~ provided
3. The purpose of differentiated yard setback requirements is to encourage the placement
and development of buildings in a manner to address the street and adjacent pedestrian
activity and encourage a vigorous and diverse streetscape.
4. ~ll vehicle entrances into garages shall be no closer than 20 feet to a property line, unless
explicitly authorized otheilvise under this title.
5. Rear and side yards adjacent to alleys shall be at least five feet.
B. Minimum yards required for the B-3 district are:
1. No minimum yards prescribed for the B-3 district except a 7-foot front yard shall be •
required on Mendenhall and Babcock Streets.
Ordinance # 1761: >Jffective august 8, 2009.
page 18-4
2. AX~hcre at least 50 percent of a block (from cross-street to cross-street) iii the I3-3 district
is presenth~ used for residential purposes the minimum 5-ards established in Section
18.15.050.A shall be required.
3. Rear and side ~ arils adjacent to alleys shall be at least fire feet.
C. .~~ll 3-ards shall be subject ro the provisions of '~~18.30.060, 18.38.060, ~~1H.~2.100, ~~18.44.100,
and _~I8.48.11)0 BI\1C, when applicable.
18.18.060 BUILDING HEIGHT
1~Iaximum building height for each commercial district shall be as follows:
r1. In the B-1 district:
1. Roof pitch less than 3:12 - 34 feet
?. Roof pitch 3:1? or greater - 38 feet
B. In the 13-2 district:
1. Roof pitch less than 3:12 - 38 feet
2. Roof pitch 3:12 or greater - 44 feet
3. 1\Iaxiinum height allowed b~° 1 and 2 above ma}' be increased b~- up to a maximum of 5O
percent ~~~hen the B-2 zoning district is implementing a Regional Commercial and
Services growth polic~° land use designation.
~. hlaxinium height otherwise cumulatively allowed by this section ma~~ be increased by 30
percent through the approval of a conditional use. pernut, but onh when the additional
height is a specificalh~ identified purpose of the review.
C. In the B-3 district:
1. In the 13-3 district core area - 55 feet
2. In the 13-3 district outside of the core area - 70 feet
ll. In all districts, all commercial floor space provided on the ground floor of a building shall have a
minimum floor-to-ceiling height of 12 feet.
Ordinance # 1761: Effective ~~ugust 8, 2009. page 18-5
.,
•
CHAPTER 18.20
INDUSTRIAL ZONING DISTRICTS
18.20.010 INTENT AND PURPOSE OF INDUSTRIAL ZONING DISTRICTS
The intent and purposes of the industrial zoning districts is to establish areas within Bozeman that are
primarily industrial in character and to set forth certain minimum standards for development within
those areas. The purpose in basing more than one industrial district is to provide opportunities for a
varier<~ of employment and community seiti~ice functions within the communit~~ while providing
predictability. "I here 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 overla}~ districts.
~~. The intent of the M-I light manufacturing district is to provide for the community's needs for
wholesale trade, storage and warehousing, trucking and transportation terminals, light
manufacturing and similar activities. The district should be oriented to major transportation
facilities yet arranged to minimize adverse effects on residential development, therefore, some
type of screening may be necessary.
B. 'I`he n~tent of the 1\I-2 manufacturing and industrial district is to provide for hea~~~
manufacturing and industrial uses, sei-~=icing vocational and employment needs of I3ozeman
residents.
C. The intent of the I3-P business park district is to provide for high qualit}~ settings and facilities
for the development of a variett~ of compatible employment opportunities. These areas should
be developed so as to recognize the impact on surrounding or adjacent development and
contribute to the overall image of the community. Compatibility «rith adjacent land uses and
zoning is required.
•
18.20.020 AUTHORIZED USES
~y. Uses iii the various industrial districts are depicted in the table below. Principal uses are indicated
with a "P", conditional uses are indicated with a "C", accessory uses are indicated with an "~",
and uses which are not permitted with the district are indicated by a "-". ~ particular proposed
development ma}' fall under more than one listed category with different review processes. In
such cases, the more stringent review process shall apply.
B. The uses listed arc deliberately broad and are defined in Chapter 18.80, BMC. The intent of this
method is to provide general guidance for uses while allowing the unique needs and
circumstances of each proposal to be specifically addressed through the review process. Some
uses are the subject of special regulations contained in Chapter 18.40, BMC.
C. additional telecommut>ication uses are established in Chapter 18.54, BMC.
Table 20-1
Table of Industrial Uses Permitted Uses
BP M-1 M-2
adult business' - P' P'
,lmbulance sen-ice - P P
amusement and recreational facilities - P C
Ordinance # 1761: Effective r~ugust 8, 2009. page 20-1
Table of Industrial Uses Permitted Uses
BP M-1 M-2
.~iutnal shelters _ C C
_~utomobile, boat or recreational vehicle sales, ser-~~ice and/or rental - P P
automobile fuel sale ox repaii, as defined in this title - P P
.lutomobile parking lot or garage (public or pt7vate) P/.~2 P/.-12 P/_~'-
.automobile washing establislunent - P P
Bank and other financial institutions C P C
Building \fatexials - P P
Corrnnunity center, as defined in this title P P P
Day care center C/.~3 C/.1j C/~~;
Food processing facility - P P
Essential seiz*ices (Type 1) P P P
Essential services ("Type II) P P P
Fences _~ _~ _~
Health and exercise establishments (: P I'
Hospitals p _ _
Hotel or motel - P P
Junk salvage ox automobile reduction/salvage yards - _ (;
Laboratories, research and diagnostic P P P
Light goods repair, as defined in this tide - p p
Manufacturing, light Pa Pa P
Manufacturing or industrial uses of all topes if in compliance with all pro~risions of this title
unless otheilvise stated in this section. I'
Medical clinics P P P
Offices, as defined in this title P' P P
Other buildings and structures t}~pically accessory to permitted uses .~ _~ .~
Outside storage -/~1~ P/.~~' P/.1~
Personal and convenience ser<rices, as defined in this title - C C
Personnel set-~rice facilities pro~7duig ser~7ces, education, food and convenience goods
rimaril ~ for those exsonnel em loved in the rind al use _~ .~ .~
Production manufacturing and generation facilities (electric and gas) - - C
Public buildings P P P
Ordinance # 1761: Effective l~ugust 8, 2009. page 20-2
•
•
~.
•
Table of Industrial Uses Permitted Uses
BP M-1 M-2
Retail sales of goods produced or warehoused on site and related products, not to exceed
20 ercent of rosy floor area or 1(1,000 s uare feet, whichever is less ~ ~ ~
Residential use which is clearly accessoi}~ to the operation of a pertnitted p~ncipal or
conditional user " ~ ~
-~ ~ ~ i
-~
Restaurant" - Ps PH
Restaurants serving alcoholic beverages' - C~ C'
Refuse and rececling containers :~ 3 .1
Retail establishments other than principal uses listed in thus section - C C
Signs"' ,~ _~ ,~
Solid waste transfer station - - C
Temporary- buildings and yards incidental to on-going construction work _~ ~y ~j
`T'ruck, bus and rail terminal facilities - P I'
`Truck repair, washing, and fueling facilities - (: I'
'Technology research establishments P P P
'T'rade schools - P P
~'etcrinar~~ clinics P I' P
\C'arehousing - P P
tV'arehousing, residential storage (mini warehousing) - P P
.~m• use, except casinos and retail, large scale, approved as part of a Alarmed unit
develo ment sub~ect to the ro~isions of Cha ter 18.36, B~fC
C
~
(:
'Subject to the requirements of ,~18.~F0, 13,1IC.
=,7s required by this title an<l meeting the starrdar~/s of this title.
Ij p~z~narz/y o~Jeizrrg .rervice.r 1o a ~i~?~/e Gusine.~.r orgro~~p o~~b~rrirle~.re.r x~~ilbi~~ 1be .ranTe buil~lira~ or h~~il~/r~z~ ~omplea~.
'Completely errc/osed rr~ithin a buildirr~.
TroJessional acid business o~jices only.
`Only if accessa~~ to a j~rznci~al use arrd i/screened ji•om the street and surrounding properties by a solid fence or dense J~lantings at lead 6 feet irr
height.
-For the purposes of this section, acce.rror7~ urearrs /e.rs than SO percent ofgross f/oor area o_ f a brilding, acrd being geizerall}~ Io~ated oi~ the .re~oizd or
.rubsegraent floor.
^Oicup~~ing not >na•e than 20 percent of Ibe gross J/aor area of a building or 1,500 sgzrare feel, whichever is less, or occzrpying rrol more than d5
percent of thegross floor area of a food procesrirr~_/acility~.
'Ilmited to stale beer and wine licenses issued sinie 1997, prohibiting anp form ofgambling acrd occupying not more than =1~ percent of the total
but/dim area of a food proce.cring facilit}~.
°Subject to the regrrireurentr of Chapter 1852, BIl9G:
"114a~~ be subject to the provisioru of C%apter 17.02, B~11C
Ordinance # 1761: Effecrive August 8, 2009.
page 20-3
18.20.030 LOT COVERAGE AND FLOOR AREA
1~. In the ;AI-1 and M-2 districts, the entire lot, exclusi~re of required ~~ards and parking, may be
occupied by the principal and accessory buildings. This title pro~~ides opportunities for parking
requirements to be met by shared and off-site parking as allowed b~~ Chapter 18.46, BMC.
B. Iii the B-P district, not more than 60 percent of the total lot area shall be occupied by
impervious surfaces. "hhe remaining 40 percent of the total Iot area shall be landscaped as
defined in this title.
C. Minimum floor area requirements for each dwelling in all districts shall be that area required b}°
the City's adopted International Building Code.
18.20.040 LOT AREA AND WIDTH
1~. ,-ill newly created lots shall have a minimum area adequate to prop=ide for required yards and
parking but in no case shall they be less than:
1. In the M-1 district - 7,500 square feet
2. In the 1\~I-2 district - No minimum area
3. In the B-P district - 43,560 square feet
B. Lot width for all newly created lots shall not be less than:
1. In the M-1 district - 75 feet
2. In the 1\2-2 district - 100 feet
3. In the B-P district - 150 feet
C. When new lots are created utilizing the modular lotting provisions of ~~18.42.030, BI\IC, they
shall be developed in combination adequate to meet the width and area requirements of this
section.
18.20.050 YARDS
:~. Minimum yards required for the 1\I-1 and M-2 districts are:
1. Structures (unless otheilvise permitted by this title):
a. Front yard - 20 feet
b. Rear vard - 3 feet
c. Side yards - 3 feet (except zero lot lines as allowed b}~ 018.38.060, BMC)
2. Parking and loading areas:
a. Front yard - 20 feet
b. Rear yard - 0 feet
c. Side yards - 0 feet
3. Rear and side yards adjacent to alleys shall be at Ieast fig=e feet.
B. Minimum yards required for the B-P district are:
1. Front yard - 25 feet
2. Rear yard - 20 feet
3. Side yards - 15 feet (except zero lot lines as allowed b}' section j18.38.000, BI\IC)
4. ~~ll yards fronting on public or private streets shall be a minimum of 25 feet. Front, rear •
and side yard requirements shall be increased 3 feet for each additional 5,000 square feet
Ordinance # 1761: I/ffective august 8, 2009.
page 20-4
over a total gross foothrulr area of 25,000 square feet, up to maximum requirement of 40
feet for rear and side ~~ards and 50 feet for front }'arils.
5. Rear and side ~~ards adjacent to alleys shall be at least five feet.
C. Ill ~~ards shall be subject to the provisions of j~18.30.060, ~~18.38.060, j1 H.42.100, X18.44.100,
and ~~18.48.100 I31~IC, when applicable.
18.20.060 BUILDING HEIGHT
~Iaaiinum building height for each uidustrial district shall be as follows:
~~. In the 1\~I-1 and 1~I-2 districts - 45 feet
I3. In the I3-P district:
I . Roof pitch less than 3:12 - 38 feet
2. Roof pitch 3:12 or greater - 44 feet
3. ;Maximum height otherwise allowed b~~ 1 and 2 above mad- be increased b<< up to a
maximum of 50 percent when the B-l' zoning district is implementing a Regional
Commercial and Sei-~rices growth polic~° land use designation.
4. Maximum height othenuise cumulativelS~ allowed by this section ma~~ be increased by 30
percent through the approval of a conditional use pernvt, but onh~ when the additional
height is a specifically- identified purpose of the review.
•
•
Ordinance # 1761: Effective ~~ugust 8, 2009. page 20-5
•
•
CHAPTER 18.28
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
18.28.010 INTENT AND PURPOSE
,~. ~ll new construction, alterations to existing structures, movement of structures into or out of
the neighborhood conser~ration overlay district, hereinafter referred to as the consei-~=anon
district, or demolition of structures by any means or process will be subject to design review.
The recommendations of the Design Review Board or r~dministrati~re Design Review staff shall
be given careful consideration in the fmal action of the Planning Director or City Comnussion.
B. 'Phis chapter defines and sets forth standards which apply to the conservation district.
C. "the intent and purpose of the consei-~ration district designation is to stimulate the restoration
and rehabilitation of structures, and all other elements contributing to the character and fabric of
established residential neighborhoods and commercial or industrial areas. New construction will
be ineited and encouraged provided primary emphasis is given to the preser~ration of existing
buildings and further provided the design of such new space enhances ai~id contributes to the
aesthetic character and function of the properrn and the surrounding neighborhood or area.
Contemporar~~ design will be encouraged, provided it is in keeping with the above-stated criteria,
as an acknowledged fact of the continuing developmental pattern of a dynamic, changing
community. The neighboring community shall be provided notice and opportunity to comment
upon the proposed property improvements in accordance with Chapter 18.76, BI\1C. In
addition, aggrieved persons shall have the right to appeal anv design review decision made under
the pro~risions of this chapter, in accordance with Chapter 18.66, BI\1C.
D. In view of the fact that most of the area included witl~i the boundaries of the conservation
district was developed and built out prior to the adoption of zoning and contemporai~~
subdivision regulations, the construction, development pattern and range of uses is highly
diverse and may not be iii compliance with conventional regulatoi~~ requirements. This chapter
recognizes that this diversity- is a major contributing element of the historic character of these
neighborhoods or areas. The provisions of this chapter shall be applied in a manner that will
encourage the protection and enhancement of the many diverse features for future generations.
I . 'I77e conser-~ration district boundary is largely coterminous with the area sui-~~eyed in the effort
that led to the listing of nine historic districts and 40 additional landmark structures in the
National Register of Historic Places, and includes the nine designated historic districts and 40
individual landmarks. This chapter sets forth the means of protecting and enhancing the
conservation district.
l'. It is further the purpose of the conservation district designation to protect and enhance
neighborhoods or areas of significant land planning or architectural character, historic landmarks
or other built or natural features for the educational, cultural, economic benefit or enjoyment of
Bozeman citizens. It will be the policy and responsibility of the administrative entities of tlus
chapter to:
1. Protect, presei-~~e, enhance and regulate structures, archaeological or cultural sites, and
areas that:
a. ire reminders of past eras, events or persons important in local, state or national
history;
• b. Provide significant examples of land planning or architectural styles, or are
landmarks in the history of land planning and architecture;
c. ~~re unique or irreplaceable assets to the City and its neighborhoods;
Ordinance # 1761: Effective l~ugust 8, 2009. page 28-1
d. Provide examples of physical surroundings iii which past generations heed; or
e. Represent and express the unique characteristics of small agricultural-based,
western cite developmental patterns;
2. Enhance propert)~ values through the stabilization of neighborhoods and areas of the
Cit}', increase economic and financial benefits to the Cit<~ and its inhabitants, and
promote tourist trade and interests;
3. Develop and maintain the appropriate en~rironment for buildings, structures, sites and
areas, that reflect varied planning and architectural st<~les and distinguished phases of
Bowman's history and prehistoi-)~;
4. Stimulate an enhancement of human life by developing educational and cultural
dimensions, which foster the knowledge of Bowman's heritage, and cultivate civic pride
in the accomplishments of the past;
5. Seek to maintain? and enhance the mane private and public elements that are unique to
the fabric, theme and character of each neighborhood and area, including but not limited
to: lighting, pathways, street trees, natural areas and other features that ma}', fiom time to
time, be identified by the citizens and propert}' owners of neighborhoods, areas and
subsections thereof; and
6. Provide the neighboring communit<~ with notice and opportmiit}' to comment upon the
proposed propert)~ impro~rements in accordance with Chapter 18.76, B1~1C, with the
exception of certain sketch plan applications with potentially little neighborhood impact,
and to further provide aggrieved persons with the right to appeal review decisions made
under the provisions of this chapter, in accordance with Chapter 18.66, B~1C.
18.28.020 DESIGN REVIEW BOARD AND ADMINISTRATIVE DESIGN REVIEW STAFF •
POWERS AND DUTIES WITHIN CONSERVATION DISTRICTS
It is intended that the Design Review Board and ~dministrati~re Design Review staff will review and
make recommendations to the Cit}' Commission or Planning Director regarding development within the
neighborhood conservation district in order to maintain the underl}'ing and desirable characteristics of
structures and areas within such districts, while recognizing the need for innovation and individual
expression in the development of these districts.
In carr~-iiig out this mission, in addition to the duties established iil Chapter 18.62, BI\1C, the Design
Review Board and administrative Design Renew staff shall have the duty to review any tax abatement
or other incentive programs being considered by the CitS~ Commission that are designed to stimulate
preservation and rehabilitation of structures and properties, and to review any proposed action or
development utilizing these abatement or incentive programs.
18.28.030 CONSERVATION DISTRICT DESIGNATION OR RECISION
r1 site, structure, object, area or district ma}~ be designated or rescinded as a landmark, or added to or
removed from the consen-~ration district by the Cite Commission upon recommendation of the I-Iistoric
Preservation .~dvisor~~ Board subject to the provisions of Chapter 2.80, BMC, Historic I'resei-~~ation
advisory Board, and Chapters 18.68 and 18.70, B1~2C, Text amendments and Zoning 1\-lap
l~mendments. Propert}' owner concurrence is necessary for the designation or recision of landmark
status.
18.28.040 CERTIFICATE OF APPROPRIATENESS
A certificate of appropriateness, received from either the Planning Director or the Cit}~ Comnssion •
after recommendation by the administrative Design Review staff or Design Review Board, shall be
required before any and all alteration(s) other than repair as defined in Chapter 18.80, are undertaken
Ordinance # 1761: Effective ~-august 8, 2009. page 28-2
upon any structure iii the consei~~ation district. l~or alterations not requiring City- Commission approval,
compliance with the Planning Director's decisions will be mandatoi~~ subject to appeal to the Cin~
Commission as set forth in Chapter 18.66, B~'~IC. 1'he 1\Iontana I~Iistorical and 1~rchitectural Inventor~~
Form shall be reviewed and, if necessary, updated b}' the historic preservation staff to reflect current
conditions on the site, prior to the rep=iew of the proposal. l~pplication procedures are as follows:
:~. No building, demolition, conditional use, sign or moving permit shall be issued within the
conser-~~ation district until a certificate of appropriateness has been issued by the appropriate
review authority, and until final action on the proposal has been taken.
H. ,application, review and public notice procedures for proposals located within the conser-~~ation
district are set forth in Chapter 18.34, BMC, Keview Procedures for Site Development, Chapter
18.62, Bi\2C, Development Review Committee, Design Review Board, ~~dministrative Design
Review and Wetlands Review Board and Chapter 18.76, BI\7C, Noticing. If the demolition or
movement of structures or sites subject to the conser-~~ation district requirements is proposed,
the procedures in S18?8.080, B1~IC shall apply.
C. .~ denial of a certificate of appropriateness shall be accompanied b}' a written statement of
reasons for the denial.
D. The architectural designs of ii~7dividual ~~orkforce housing units used to satisfy the requirements
of Section 17.02.030, BI~IC and meeting the requirements of Section 17.02.060. x.13, BhIC are
exempt from the review requirements of this chapter. This exemption does not extend to
removal or alterations of existing structures.
18.28.050 STANDARDS FOR CERTIFICATES OF APPROPRIATENESS
1~. loll work performed in completion of an approved certificate of appropriateness shall be ili
conformance with the most recent edition of the Secretary of Interior's Standards for the
Treatment of Ilistoric Properties with Guidelines for Preserving, Rehabilitating, Restoring and
Reconstructing Ilistoric Buildings (Published 1995), published by U.S. Department of the
Interior, National Park Sei~~ice, Cultural Resource Stewardship and Partnerships, Heritage
Presei-~ration Sei-~rices, Washington, D.C. (available for review at the Planning Department).
B. ~rclutectural appearance design guidelines used to consider the appropriateness and
compatibility of proposed alterations with original design features of subject structures, or
properties and with neighboring structures and properties, shall focus upon the following:
1. Height;
2. Proportions of doors and windows;
3. Relationship of building masses and spaces;
4. Roof shape;
5. Scale;
6. Directional expression, with regard to the dominant horizontal or vertical expression of
surrounding structures;
7. ~rclutectural details;
8. Concealment of nonperiod appurtenances, such as mechanical equipment; and
9. 1\laterials and color schemes (any requirements or conditions imposed regarding color
schemes shall be limited to the prevention of nuisances upon abutting properties and
prevention of degradation of features on the propert}~ in question. Color schemes may
be considered as primarS~ design elements if a deviation from the underlying zoning is
requested).
Ordinance # 1761: I~ffecti~=e august 8, 2009. page 28-3
C. Contemporary, nonperiod and innovati~re design of new structures and additions to existing
structures shall be encouraged when such new construction or additions do not destro}~
significant historical, cultural or arcltectural structures or their components and when such
design is compatible with the foregoing elements of the structure and surrounding structures.
D. When applying the standards of subsections a-C, the review authorit}~ shall be guided b~~ the
Design Guidelines for the Neighborhood Conser-~~ation Overlay District which are hereb}~
incorporated b}~ this reference. Application of the Design Guidelines ma}~ Crary by propern~ as
explained iii the Introduction to the Design Guidelines. When reviewing a contemporar}~, non-
period, or innovative design of new structures or addition to existing structure, the review
authority- shall be guided b}~ the Design Guidelines for the Neighborhood Consei-~ration Overlay
District to determine whether the proposal is compatible with any existing or surrounding
structures.
F,. Conformance with other applicable development standards of this title.
F. Tax abatement Certificate of Appropriateness applications are also reviewed with the procedures
and standards established in Chapter 3.30, BMC.
18.28.060 APPLICATION REQUIREMENTS FOR CERTIFICATES OF
APPROPRIATENESS IN CONSERVATION DISTRICTS
applications for certificates of appropriateness shall be made in conjunction with applications for site
plan approval in accordance with Chapter 18.34, BMC of this title. Where development projects vl the
conservation district require only sketch plan review as per Chapter 18.34, B1~IC (i.e. single-household,
two-household, three-household and four-household residential structures, each on individual lots;
signs; fences; property alterations; and certain amendments to site plans), applications for certificates of
appropriateness shall be made on a form provided by the Planning Department, and shall include the
information and material as set forth iYi Chapter 18.78, BMC.
18.28.070 DEVIATIONS FROM UNDERLYING ZONING REQUIREMENTS
Because the development of much of historic Bozeman preceded zoning, subdivision and construction
regulations, many buildings within the conser~ration district do not conform to contemporary zoning
standards. In order to encourage restoration and rehabilitation activit}- that would contribute to the
overall historic character of the community, deviations from underlying zoning requirements may- be
granted by the CitS- Commission after considering the recommendations of the Design Review Board or
Administrative Design Review staff. "I'he criteria for granting deviations from the underl}'ing zoning
requirements are:
a. Modifications shall be more historically appropriate for the building and site in question and the
adjacent properties, as determined by the standards in X18.28.050 of this chapter, than would be
achieved under a literal enforcement of this title;
B. Modifications will have minimal adverse effect on abutting properties or the pernutted uses
thereof; and
C. Modifications shall assure the protection of the public health, safety and general welfare.
approvals may be conditioned to assure such protection, and such conditions may include a
time period within which alterations will be completed; landscaping and maintenance thereof;
architectural, site plan and landscape design modifications; or any other conditions in conformity
with the intent and purpose set forth in this chapter.
Ordinance # 1761: Fffective August 8, 2009. page 28-4
18.28.080 DEMOLITION OR MOVEMENT OF STRUCTURES OR SITES WITHIN THE
CONSERVATION DISTRICT
The demolition or movement of an}- structure or site within the conservation district shall be subject to
the provisions of this chapter and section. The review procedures and criteria for the demolition or
movement of anv structure or sire within the conser-~ration district are as follo~~'s:
a. applications for the demolition or movement of structures within the consernation district will
not be accepted ~~~ithout a complete submittal for the subsequent development or treatment of
the site after the demolition or movement has occurred. The subsequent development or
treatment must be approved before a demolition or moving permit may be issued.
13. The demolition or movement of conservation district principal and accessor}' structures or sites,
which are designated as intrusive or neutral elements by the Montana historical and
,lrchitectural Inventon~, and are not within recognized historic districts or in other ways listed
on the National Register of I hstoric Places, shall be subject to approval b~~ the Planning Director
after review and recommendation of 1~dministrative llesign Review staff or Design Review
Board as per Chapters 18.4 and 18.62, BMC, and the standards outlined iii jA18.28.050, BI\1C.
'The Montana historical and architectural Inventory Form shall be reviewed and, if necessary,
updated by the historic preservation staff to reflect current conditions on the site, prior to the
review of the demolition or movement proposal. The final approval authority for the
demolition or movement of structures or sites described within this section shall rest with the
Citr Commission when proposed in conjunction with a deviation, variance, conditional use
permit or planned unit development application.
C. '1"he demolition or movement of conservation district principal and accessor}' structures or sites,
which arc designated as contributing elements by the Montana Historical and architectural
Inventor}, and all properties within historic districts and all handmarks, shall be subject to
approval by the Cit}~ Commission, through a public hearing. Notice of the public hearing before
the City Commission shall be provided in accordance with Chapter 18.76, 13MC. Prior to
holding the public hearing, the City Commission shall receive a recommendation from
.~dninistrativc Design Review staff and the Design Review Board. The Montana I-Iistorical and
architectural Inventory Form shall be reviewed and, if necessary, updated by the historic
preservation staff to reflect current conditions on the site, prior to the review of the demolition
or movement proposal. The final approval authority for the demolition or movement of
structures or sites described within this section shall rest with the City Commission.
The City Commission shall base its decision on the following:
1. "I'he standards in X18.28.050, BMC and the architectural, social, cultural and historical
importance of the structure or site and their relationship to the district as determined by
the State l~listoric Preservation Office and the Planning Department.
2. If the Commission finds that the criteria of this section are not satisfied, then, before
approving an application to demolish or remove, the Commission must find that at least
one of the following factors apply based on definitive evidence supplied by the applicant,
including structural analysis and cost estimates indicating the costs of repair and/or
rehabilitation versus the costs of demolition and redevelopment:
a. "I'he structure or site is a threat to public health or safet}', and that no reasonable
repairs or alterations will remove such threat; any costs associated with the
removal of health or safet}~ threats must exceed the value of the structure.
b. The structure or site has no Friable economic or useful life remaining.
• D. If an application for demolition or moving is denied, issuance of a demolition or movurg pernnit
shall be stayed for a period of two years from the date of the final decision in order to allow the
Ordinance # 1761: Effective august 8, 2009. page 28-5
applicant and Cirv~ to explore alternatives to die demolition or move, including but not limited
to, the use of tax credits or adapti~Te reuse. "1'he two year sta~~ may be terminated at anj~ point iii
time if an alternate proposal is approved or if sufficient additional evidence is presented to
otheitivise satisfy the requirements of subsection B or C of this section.
E. ~yll structures or sites approved for demolition or moving shall be fully documented in a manner
acceptable to the Historic Presei-~~ation Planner and administrative Design Review staff prior to
the issuance of demolition or moving permits.
I'. In addition to the remedies in Chapter 18.64, BI\1C, the owner of any structure or site that is
demolished or moved contrary to the provisions of dais section, and an}' contractor performing
such work, may be required to reconstruct such structure or site iii a design and manner identical
to its condition prior to such illegal demolition or move, and ui conformance with all applicable
codes and regulations.
18.28.090 APPEALS
~~ggrieved persons, as defined in Chapter 18.80, BMC, may appeal the decision of the Planning Director
or Cir}' Commission pursuant to the provisions of Chapter 18.66, B>\7C. In such event, the issuance of a
certificate shall be stayed until the appeal process has been satisfied.
•
•
Ordinance # 1761: Effective l~ugust 8, 2009.
page 28-6
CHAPTER 18.34
SITE PLAN REVIEW
•
18.34.010 INTRODUCTION
~~. all non-subdivision development proposals within the CitS~ will be subject to plan review and
appro~ral. Depending on die complexit,~ of development and status of proposed use in the
applicable zoning district, either sketch plans, site plans or conditional use permits will be
required as specified in this chapter.
B. Special development proposals (e.g., PUDs, CUPS, variances, etc.) require other information to
be submitted in conjunction with sketch plans or site plans and are subject to requirements
specific to the t)~pe of proposal. These additional submittal requirements and re~riew procedures
are outlined in X18.34.030, BMC.
C. When a development is proposed within a neighborhood conservation or entr~~vay corridor
overlay district, or proposes signs which do not specifically conform to the requirements of this
title, design review is required u1 conjunction with either sketch plan or site plan review. In such
cases, additional submittal requirements and review procedures apple as outlined in X18.78.090,
BMC.
D. Conditional L'ses. Certain uses, while generally not suitable in a particular zoning district, may,
under certain circumstances, be acceptable. When such circumstances can be demonstrated b~~
the applicant to exist, a conditional use permit may be granted by the Board of adjustment.
Conditions may be applied to the issuance of the permit and periodic revie«~ maj- be required.
No conditional use permit shall be granted for a use which is not specifically designated as a
conditional use in this title.
E. approval shall be granted for a particular use and not for a particular person or firm.
F. "Phis chapter is provided to meet the purposes of X18.02.040, BMC and all other relevant
portions of this title.
G. applications subject to this chapter shall be reviewed under the authority established by Chapter
18.64, BI~1C.
18.34.020 CLASSIFICATION OF SITE PLANS
:~. all developments, as defined in Chapter 18.80, within the Cit}~ shall be subject to site plan review
procedures and criteria of this chapter and the applicable submittal requirements of Chapter
18.78, BMC. For the purposes of this title, site plans will be classified as either a master site plan
or a site plan.
1. Exception. Those de~relopments specified in Section 18.34.050, BMC and other
development proposals when so specifically identified require only sketch plan review.
B. a master site plan is a generalized development plan that establishes building envelopes and
overall entitlements for complex, large-scale projects that will require multiple years to reach
completion. Use of a master site plan is an option and not required. ~~ master site plan involves
one or more of the following:
1. One hundred or more dwelling units in a multiple household structure or structures;
2. F'ift<~ thousand or more square feet of office space, retail commercial space, sen-ice
commercial space or industrial space;
3. Multiple buildings located on multiple contiguous lots and~or contiguous Cit}~ blocks;
4. 1\~'Iultiple owners;
Ordinance # 1761: august 8, 2009 page 34-1
5. Development phasing projected to extend be}'ond two ~~ears; or
6. Parking for more than two-hundred vehicles.
C. any planned unit development shall be reviewed accorduig to the regulations in Chapter 15.36,
BMC, in addition to this chapter.
D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54,
BMC, in addition to this chapter.
I~. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and
regulations contained in Chapter 18.40, BMC, in addition to this chapter.
18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
a. t~~plication Reduirements. r~pplications for special development proposals (e.g. PUD, Clip,
flood plain development permits, variances, etc.) shall include:
1. The required information for site plans described in X18.78.080, BI\IC;
2. and- additional application information required for specific reviews as listed in the
following chapters of this title:
a. ~ 15.36, Planned Uiut Development;
b. ~~18.40, Standards for Specific Uses;
c. X18.54, "1"elecommunications;
d. ~ 18.58, Bozeman Floodplain Regulations; and
e. ~ 18.66, appeals, Deviations and Variance Procedures;
B. Review Procedures and Review Criteria. ~ additional review procedures and review criteria for
specific development proposals are defined in the following chapters of this title:
1. ~ 18.34.100, Conditional Use Procedure;
2. ~ 18.36, Planned Unit Development;
3. X18.40, Standards for Specific Uses;
4. X118.54, Telecommunications;
5. j 18.58, Bozeman I~loodplain Regulations; and
6. 18.66, appeals, Deviations and Variance Procedures.
18.34.040 REVIEW AUTHORITY
.~. The CitS~ Commission, Board of adjustment and Planning Director have the review authority
established in j~18.64.010, BMC.
B. The Development Review Committee, Design Review Board, administrative Design Review
Staff, and Wetlands Review Board hay=e the review authoritt~ established in Chapter 18.62, Bi\IC.
C. Site Plan Design Review 'I"hresholds. When a development is subject to design review and meets
one or more of the following thresholds the Design Review Board shall have responsibilitti~ for
conducting the design review.
1. Twent~~ or more dwelling units in a multiple household structure or structures;
2. ThirtS~ thousand or more square feet of office space, retail commercial space, ser~-ice
commercial space or industrial space;
i
Ordinance # 1761: august 8, 2009
page 34-2
3. 1~~Iore than two buildings on one site for permitted office uses, permitted retail
commercial uses, permitted ser~-ice commercial uses, permitted industrial uses or
permitted combinations of uses;
4. "Twenty thousand or more square feet of exterior storage of materials or goods; or
5. Parking for more than sixty vehicles.
18.34.050 SKETCH PLAN REVIEW
~. Sketch Plan Submittal Requirements.
1. Certain independent development proposals (i.e., not ii conjunction with other
development) are required to submit onl}' sketch plans meeting the requirements of
518.78.110, BMC.
2. Separate construction plans are necessary for building permits when the proposal
requires such permits. ~~dditional information is also necessary when the proposal
requires dne issuance of a certificate of appropriateness (see ~\18.34.110 and X18.78.090,
B1~IC).
3. Examples of independent projects which qualify for sketch plan review are: individual
single-household, two-household, three-household, and four-household residential units,
each on ildividual lots and independent of other site development; accessory dwelling
units in the R-2, R-3 and R-4 districts; manufactured homes on indi~°idual lots; fences;
signs in compliance with the requirements of this title; regulated activities in areas with
regulated wetlands not in conjunction with a land development proposal; grading of sites
disturbing more than one-eighth but less than one-half acre, or movement of more than
30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative
foot, whichever is less; special temporary uses; and accessory structures associated with
these uses. Other similar projects may be determined by the Planning Director to requite
only sketch plan review. The Planning Director shall determine all submittal
requirements. Projects which do not require sketch plan review may still require review
and permitting for non-zonilg issues.
l3. Sketch Plan Review Procedures.
1. No Certificate of 1~Rpropriateness Required. Sketch plans for projects which do not
require a certificate of appropriateness shall be submitted to the Planning Department
staff for a determination of compliance with the requirements of this title. Once
compliance is aclueved, the application will be approved for construction or referred to
the appropriate permitting authorities.
2. Certificate of ~~ropriateness Required. Sketch plans, including the material required by
X118.78.090, B1~~IC, and such additional information as may be required for projects which
require a certificate of appropriateness as per X18.34.110, BMC shall be submitted to the
1~DR staff, who shall review the proposal for compliance with this title, including
compliance with the applicable overlay district requirements. Once compliance is
achieved, the application will be approved for construction or referred to the appropriate
permitting authorities. Review and approval authority for sketch plans that require
certificates of appropriateness shall rest with the DRl3 if the CDR staff consists of less
than two members.
C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable
requirements of this title including overlay district requirements and the cessation of any current
violations of this title, exclusive of any legal nonconforming conditions. Plan changes may be
required.
Ordinance # 1761: ,august 8, 2009 page 34-3
18.34.060 APPLICATION OF SITE PLAN REVIEW PROCEDURES
~~. These procedures shall apply to all developments within the CitS~ except for development
proposals specified as requiring only sketch plan review.
B. The preliminai-h site plan shall be submitted and approved, and fnial site plan approval received,
prior to the issuance of any building permit.
C. No occupancy permits shall be issued for any development for which site plan review is required
until certification has been provided demonstrating that all terms and conditions of site plan
approval have been complied with.
D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all
standards of this title apply whether explicitly mentioned iti the record of the review or not ~~n
omission or oversight of a nonconformity with the standards of this title in the site plan shall not
constitute approval of such nonconformance. any nonconformance which was not the subject
of an explicitly approved de~riation or variance may be required to be cured at such time the Cit<-
becomes aware of the nonconforming condition's existence.
F.. In the event that the ~-olume of site development applications subntted for review exceeds the
ability of the Cit}' to process them simultaneously, preference in order of scheduling will be
given to those projects which provide the most affordable housing in excess of minimum
requirements, as measured by the total number of affordable units.
18.34.070 SITE PLAN REVIEW PROCEDURES
ly. acceptability and lydequacy of I~pplication.
1. The Plannung Department shall review the application for acceptability within five
working days to determine if the application is does not omit any of the submittal
elements required by this title. If the application does not contain all of the requv~ed
elements, the application, review fee and a written explanation of what the application is
missing shall be returned to the propert)~ owner or their representative. The five working
daj~ re~riew period will be considered met if the letter is dated, signed and placed in the
outgoing mail within the five day review period.
2. ~yfter the application is deemed to contain the required elements and to be acceptable, it
shall be reviewed for adequacy. ~1 determination of adequac}~ means the application
contains all of the required elements in sufficient detail and accurac~~ to enable the
applicable review agency to make a determination that the application either does or
does not conform to the requirements of this title and any other applicable regulations
under the jurisdiction of the City of Bozeman. The review for adequac~~ shall be
conducted by the appropriate agency with expertise in the subject matter. The adequacy
review period shall begin on the next working day after the date that the Planning
Department determines the application to contain all the required elements and shall be
completed within not more than 15 working days. The 15 working day review period will
be considered met if the letter is dated, signed and placed in the outgoing mail within the
15 working day review period. If the application is inadequate, a written explanation of
why the application is inadequate will be returned to the property owner. Upon a
determination of adequacy the review of the development will be scheduled.
a. In the event the missing information is not received by the Cit}' within 15
working days of notification to the propert~~ owner of inadequacy, all application
materials and one-half of the review fee shall be returned to the property owner
or then representative. Subsequent resubmittal shall require pa}'ment of a review
fee as if it were a new application.
Ordinance # 1761: august 8, 200)
page 34-4
b. ~~ determination that an application is adequate does not restrict the Cin~ from
reyuestiilg additional information during the site plan review process.
3. Should the property owner choose not to pro~ride the required information after an
application has been found unacceptable, nor to accept return of the application and
accompanying fee, the application ma}' be processed by the CitS~ with the recognition b}'
the property owner that unacceptability is an adequate basis for deiual of the application
regardless of other merit of the application.
4. The DRC ma}' grant reasonable waivers from submittal of application materials required
b}~ these regulations where it is found that these regulations allow a waiver to be
requested and granted. If in the opinion of the final approval authorit}- the waived
materials are necessar~~ for proper review of the development, the materials shall be
provided before review is completed.
5. In order to be granted a waiver the applicant shall include with the submission of the
preliminary site plan a written statement describing the requested waiver and the reasons
upon which the request is based. hhe final approval bod}' shall then consider each
waiver at the time the preliminary site plan is reviewed. all waivers must be identified
not later than initial submittal of the preliminary site plan stage of review.
B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, B1~IC and
according to the procedures established by this title. after review of the applicable submittal
materials required by Chapter 18.78, B1~IC, and upon recommendation by the appropriate review
bodies, the Planning Director, Board of adjustment, or CitS~ Commission shall act to approve,
approve with conditions or den}- the application, subject to the appeal provisions of Chapter
18.66, BMC. The basis for the Planning Diiector's, Board of adjustment's, or Cit)~
Commission's action shall be whether the application, including any required conditions,
complies with all the applicable standards and requirements of this title, including ~ 18.02.050,
Bl~IC.
1. Site Plan. The Planning Director shall provide an opportunity for the public to comment
upon development proposals. The duration of the initial comment period shall be
included in any notice reyuiied by Chapter 18.76, BMC. 'I"he comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementary materials b}' the DRC until 5:00 pm on the third working da}' after DRC
and other review bodies as may be appropriate have taken action regarding the proposal.
a. The Planning Director, after receiving d1e recommendations of the DRC, aDR,
DRB or WRB, shall act to approve, approve with conditions or deny an
application within ten working days of the close of the public comment period.
The Planning Director's decision shall be in writing and shall include any special
conditions which are to be applied to the development.
(1) after formal notice of a project review has been given, interested parties
may request in writing to receive a copy of the director's decision
regarding an application. Persons making such a request shall provide an
addressed envelope for use in delivering their copy of the decision.
2. Site Plan with Deviations or Variances and Conditional Use Permits. '1"he Board of
adjustment shall provide an opportunit}~ for the public to comment upon a proposed
site plan or conditional use permit. The ending date of the comment period shall be
included in the notice required by Chapter 18.76, BMC. 'I"he comment period shall be
fiom the date of the first consideration of the complete preliminary plan and
supplementary materials by the DRC until the decision by the Board of ~~djustment.
Ordinance # 1761: august 8, 2009 page 34-5
a. The Board of Adjustment, after receiving the recommendations of the DRC,
ADR, DRB or WRB, shall act to approve, approve with conditions or deny an
application. The Board of Adjustment's decision shall be in writing and shall
include any special conditions which are to be applied to the development.
3. Master Site Plan. "1"he Cit)~ Commission shall provide an opportunity- for the public to
comment upon a proposed master site plan. The duration of the comment period shall
be included in any notice required by Chapter 18.76, BMC. The comment period shall be
from the date of the first consideration of the complete preliminary plan and
supplementai-~~ materials by the DRC until the decision by the Cin~ Commission.
a. The Ci~~ Commission, after receiving the recommendations of the DRC, ADR,
DRB or WRB, shall act to approve, approve with conditions or deny an
application. The City Commission's decision shall be iii writing and shall include
any special conditions which are to be applied to the development.
18.34.080 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE
REQUIREMENTS
A. "1'he person applying for a conditional use permit shall fill out and submit to the Planning
Director the appropriate form with the required fee. The request for a conditional use permit
shall follow the procedures and application requirements of this chapter.
B. In consideration of all conditional use permit applications, a public hearvig shall be conducted
by the Board of Adjustment. Notice of the Board of Adjustment public hearing shall be
provided in accordance with Chapter 18.76, BMC.
C. If a rezoning is required prior to approval of a conditional use permit, the application for
rezoning and the conditional use permit may be filed and acted upon simultaneously, howe~rer
the conditional use permit shall not be effective until zoning has been approved by the CitS~
Commission.
18.34.090 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA
.~. In considering applications for site plan approval under this title, the Planning Director, Board
of Adjustment, Cite Commission, DRC, and when appropriate, the ADR staff, DRB or WRB
shall consider the follo~~nng:
1. Conformance to and consistency with the Cit}~'s adopted growth policy.
2. Conformance to this title, itcluding the cessation of any current ~riolations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. Relationship of site plan elements to conditions both on and off the property, including:
a. Compatibilit~~ with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods and other approved development relative to
architectural design, building mass and height, neighborhood identity,
landscaping, historical character, orientation of buildings on the site and visual
integration;
b. Design and arrangement of the elements of the site plan (e.g., buildings,
circulation, open space and landscaping, etc.) so that activities are integrated with
the organizational scheme of the community, neighborhood, and other approved
deg=elopment and produce an efficient, functionally organized and cohesive
development;
c. Design and arrangement of elements of the site plan (e.g., buildings circulation,
open space and landscaping, etc.) in harmony with the existing natural
Ordinance # 1761: August 8, 2009
page 34-6
topography, natural water bodies and water courses, existing ~regetation, and to
contribute to the o~-erall aesthetic qualit~~ of the site configuration; and
d. 1f the proposed project is located within a locally designated historical district, or
includes a locall}' designated handmark structure, the project is iii conformance
with the pro~risions of Chapter 18.28, BMC;
5. The impact of the proposal on the existing and anticipated traffic and parking
conditions;
6. Pedestrian and vehicular ingress, egress and circulation, including:
a. Design of the pedestrian and vehicular circulation systems to assure that
pedestrians and vehicles can move safely and easily both within the site and
between properties and activities within the neighborhood area;
b. Non-automoti~-e transportation and circulation systems design features to
enhance convenience and safet}~ across parking lots and streets, illcludiilg, but
not limited to, paving patterns, grade differences, handscaping and hightitig;
c. ~ydequate connection and integration of the pedestrian and vehicular
transportation systems to the systems iii adjacent developments and general
communitti~; and
d. Dedication of right-of--way or easements necessary fox streets and similar
transportation facilities;
7. Landscaping, including the enhancement of buildings, the appearance of vehicular use,
open space and pedestrian areas, and the preservation or replacement of natural
r-egetation;
8. Open space, including:
a. 'I"he enhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. If the development is adjacent to an existing or approved public park or public
open space area, have provisions been made in the site plan to avoid interfering
with public access to and use of that area;
d. Is any provided recreational area suitably located and accessible to the residential
units it is intended to serve and is adequate screening provided to ensure privac}'
and quiet for neighboring residential uses;
e. Open space shall be provided in accordance with Chapter 18.50, 13MC;
f. Park land shall be provided in accordance with Chapter 18.50, I3MC.
9. 13uilding location and height;
10. Setbacks;
11. Lighting;
12. Provisions for utilities, including efficient public services and facilities;
13. Site surface drainage and stormwater control;
14. Loading and unloading areas;
15. Grading;
16. Signage;
17. Screening;
Ordinance # 17C 1: lyugust 8, 2009 page 34-7
18. Overlay district provisions;
19. Other related matters, including relevant comment from affected parties; and
20. If the development includes multiple lots that are interdependent for circulation or other
means of addressing requirements of this title, whether the lots are either:
a. Configured so that the sale of individual lots will not alter the approved
configuration or use of the property or cause the development to become
nonconforming; or
b. The subject of reciprocal and perpetual easements or other agreements to which
the City is a party so that the sale of individual lots will not cause one or more
elements of the development to become nonconforming.
21. Compliance with Title 17 Chapter 2, BI\iC.
B. In considering applications for master site plan approval under this title, the Cit}' Commission,
DRC, and when appropriate, the 1~DR staff, DRB or WRB shall consider the. followring:
1. Conformance to and consistency with the City's adopted growth polio-;
2. Conformance to this title, including the cessation of any current violations;
3. Conformance with all other applicable laws, ordinances and regulations;
4. ~ generalized site plan showing the orientation and relationships among key plan
elements both on and off the propern~, including:
a. Compatibility with, and sensitivity to, the immediate environment of the site and
the adjacent neighborhoods in terms of overall site organization and building
mass and height;
b. arrangement of the elements of the site plan (e.g., buildings, circulation, open
space and landscaping, etc.) so that activities are integrated with the structure of
the surrounding area and produce an efficient, functionally organized and visually
cohesive development that contributes to the overall aesthetic quality of the area;
c. If the proposed project is located within a locally designated historical district, or
includes a locally designated landmark structure, a statement describing how the
project is in conformance with the provisions of Chapter 18?8, I3MC; and
d. Description of many elements in a Master Site Plan may be described in written
and/or graphic formats whichever provides the superior form of
communication.
5. ~ statement accompanying the site plan describing the generalized architectural character
and its relationship to and compatibility with the historical character of the area,
generalized landscape concept including treatment of public space and relationship to
the surrounding area, and visual and aesthetic integration of the proposed development
into the surrounding area and its effect on the identity of the adjacent neighborhood;
6. The impact of the proposed development on the existing and anticipated traffic and
parking conditions, including identification of the traffic generation and parking needs of
individual plan elements;
7. Pedestrian and vehicular ingress, egress and circulation, including:
a. Overall pedestrian and vehicular circulation systems to assure that pedestrians
and vehicles can move safely and easily both within the site and between
properties and activities within the neighborhood area;
Ordinance # 1761: august 8, 2009
page 34-8
b. Non-automotive transportation and circulation sastems design features to
enhance convenience and safet~~ across parking lots and streets;
c. adequate connection and integration of the pedestrian and vehicular
transportation s}'stems to the systems in adjacent developments and general
communit}~; and
d. Dedication and~or abandonment of rights-of-way or easements necessai-~~ for
efficient land use and accompanying streets and related transportation facilities;
8. (.)pen space, if required under the zoning classification(s) of the proposed development,
including:
a. lznhancement of the natural environment;
b. Precautions being taken to preserve existing wildlife habitats or natural wildlife
feeding areas;
c. Provisions to avoid interfering with public access to and use of ant- adjacent
parks and other open space;
d. Provision of recreational areas suitably located and configured, and accessible to
the residential units it is intended to serve; and
e. Adequacy of open space as required within this title;
f. Open space shall be provided in accordance with Chapter 18.50, Bl~1C;
g. Park land shall be provided in accordance with Chapter 18.50, BI\1C.
9. Generalized building gross area (square feet), building locations, building envelopes, and
building heights;
10. Setbacks;
11. Generalized lighting concept as pertains to public safet~~;
12. Generalized provisions for utilities, including efficient public sei~~ices and facilities;
13. Generalized site surface drainage and stormwater control;
14. Generalized locations of loading and unloading areas;
15. Generalized grading;
16. Statement regarding proposed signage;
17. Statement regarding screening of trash, outdoor storage and utilitt~ areas;
18. Overly}' district provisions where applicable; and
19. Other related matters, including relevant comment from affected parties.
C. If the Planning Director, Board of adjustment, or CitS~ Commission, after recommendation
from the DRC and, if appropriate, CDR staff, DRB and WRB shall determine that the proposed
site plan or master sire plan will not be detrimental to the health, safety or welfare of the
communit}~, is in compliance with the requirements of this title and is in harmony with the
purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and
such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be
given in writing.
D. Site plan approval or master site plan approval may be denied upon a determination that the
conditions required for approval do not exist. Persons objecting to the recommendations of
review bodies carry the burden of proof. a denial of approval shall be in writing.
E. Following approval of a master site plan, the applicant shall submit to the Planning Department,
sequential individual site plans for specific areas within the master site plan. Each subsequent
Ordinance # 1761: august 8, 2009 page 34-9
application for a site plan shall be consistent with the approved master site plan and subject to
the review criteria set forth ii1 subsection ~A above. Evidence that the re~~iew criteria have been
met through the master site plan review process may be incorporated by reference iii order to
eliminate duplication of review.
18.34.100 BOARD OF ADJUSTMENT CONSIDERATION AND RECORD FOR
CONDITIONAL USE PERMITS
~~. The Board of adjustment, in approvvng a conditional use permit, shall review the application
against the review requirements of X18.34.090, BI\7C;
B. In addition to the review criteria of jA18.34.090, BMC, the Board of Adjustment shall, in
approving a conditional use permit, detertninc favorable as follows:
L "That the site for the proposed use is adequate >11 size and topography to accommodate
such use, and all yards, spaces, walls and fences, parking, loading and landscaping are
adequate to properl}' relate such use with the land and uses in the vicinity;
2. That the proposed use will have no material adverse effect upon the abutting propert<~.
Persons objecting to the recommendations of review bodies cari-~~ the burden of proof;
3. That anv additional conditions stated in the approval are deemed necessai~~ to protect
the public health, safer}- and general welfare. Such conditions ma}' include, but are not
limited to:
a. Regulation of use;
b. Special }yards, spaces and buffers;
c. Special fences, solid fences and walls;
d. Surfacing of parking areas; •
e. Rcquiriiig street, service road or alley dedications and improvements or
appropriate bonds;
£ Regulation of points of vehicular ingress and egress;
g. Regulation of signs;
h. Requiring maintenance of the grounds;
i. Regulation of noise, vibrations and odors;
j. Regulation of hours for certain activities;
k. Time period within which the proposed use shall be developed;
1. lluration of use;
m. Requiring the dedication of access rights; and
n. Other such conditions as will make possible the development of the Cit}~ in an
orderly and efficient manner.
C. The Board of adjustment shall, in addition to all other conditions, impose the following general
conditions upon every conditional use permit granted:
1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of
all general and special conditions imposed by the conditional use permit procedure; and
2. That all of the special conditions shall constitute restrictions running with the land use,
shall apply and be adhered to bj~ the owner of the land, successors or assigns, shall be
binding upon the owner of the land, his successors or assigns, shall be consented to in
writing, and shall be recorded as such with the County Clerk and Recorder's Office by
Ordinance # 1761: august 8, 2009
page 34-10
the propert)~ owner prior to the issuance of any building permits, final site plan approval
or commencement of the conditional use.
D. applications for conditional use permits ma}' be approved, conditionally approved or denied b}~
motion of the Board of .ldjustment. If an application is denied, the denial shall constitute a
determination that the applicant has not shown that the conditions required for approval do
exist.
E. 1'he applicant shall be notified in writing of the action taken by the Board of ~djusttnent within
seven working days of its action. If the conditional use permit has been granted the notification
shall include any conditions, automatic termination date, period of review or other requirements.
If the conditional use permit has been granted, the permit shall be issued upon the signature of
the Planning Director after completion of all conditions and final site plan.
h. 'Termination/ Revocation of Conditional Use Permit approval.
Conditional use permits are approved based on an analysis of current local circumstances
and regulatoi-y~ requirements. Over time these thiligs may change and the use may no
longer be appropriate to a location. 1~ conditional use pernut will be considered as
terminated and of no further effect if:
a. after having been commenced, the approved use is not actively conducted on
the site for a period of two continuous calendar ti~ears;
b. Final zoning approval to reuse the propert,~ for another principal or conditional
use is granted;
c. The use or development of the site is not begun within d1e time limits of the
final site plan approval in Section 18.34.130, BMC.
2. ,~ conditional use which has terminated may be reestablished on a site by either, the
review and approval of a new conditional use pernut application, or a determination by
the Planning Director that the local circumstances and regulatory requirements are
essentially the same as at the time of the original approval. ~ denal of renewal by the
Planning Director may not be appealed. If the Plamling Director determines that the
conditional use permit may be renewed on a site then any conditions of approval of the
original conditional use permit are also renewed.
3. If activin> begins for which a conditional use permit has been given final approval, all
activities must comply with any conditions of approval or code requirements. Should
there be a failure to maintain compliance the Cit}' may re~roke the approval through the
procedures outlined ili Section 18.64.160, BMC.
18.34.110 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW
PROCEDURES AND REVIEW CRITERIA
~. Sign Proposals Which Do Not Stiecificallv Conform to the Requirements of 'Phis Title.
Independent sign proposals (i.e., not iii conjunction with other development) which do not
specifically conform to the requirements of this title, are required to submit full site plans.
additional site design information, in sufficient detail to demonstrate compliance with the
Design Objective Plan, encompassing the propert}''s location shall be provided. If no Design
Objectives Plan has been prepared for the location, additional site design information, if
necessary, shall be determined by the CDR staff. r1ll signs shall comply with the dimensional
standards of tlus title unless a deviation or variance has been properly granted.
B. Review Procedures and Criteria for Certificates of r~Ppro~riateness.
L Certificates of appropriateness shall only be issued according to procedures and criteria
specified in Chapters 18.28, 18.30, 18.36 and 18.62, I3hIC.
Ordinance # 1761: august 8, 2009 page 34-11
2. Sign proposals which specifically conform to the requirements of this title shall he
re~riewed according to procedures and criteria outlined vi Chapter 18.52, BI\IC.
18.34.120 PUBLIC NOTICE REQUIREMENTS •
:~. Public notice of development proposals and approvals subject to this chapter shall be provided
as required b}' Chapter 18.76, BMC.
18.34.130 FINAL SITE PLAN
~. No later than six months after the date of approval of a preliminary site plan or master site plan,
the applicant shall submit to the Planning Department a final site plan with accompanying
application form and review fee. The number of copies of the final site plan to be subntted
shall be established by the Planning Director. The final site plan shall contain the materials
required in ~ X18.78.080 and18.78.090 BMC and whatever revisions to the preliminary site plan
or master site plan are required to comply with an}' conditions of approval. Prior to the passage
of six months, the applicant may seek an extension of not more than an additional six months
fiom the Planning Director.
B. In addition to the materials required in subsection ~ of this section, the owner shall submit a
certification of completion and compliance stating that they understand anv conditions of
approval and the. submitted final site plans or master site plan have complied with an}~
conditions of approval or corrections to comply with code provisions.
C. In addition to the. materials required in subsections ~ and B of this section, the owner shall
submit a statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result in
delays of occupancy or costs to correct noncompliance.
D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to
the passage of one }'ear, the applicant may seek an extension of not more than one additional
year from the Planning Director. In such instances, the Plamiing Director shall determine
whether the relevant terms of this title and circumstances have significantly changed since the
initial approval. I f relevant terms of this tide or circumstances have significantly changed, the
extension of the approval shall not be granted.
I. hollowing approval of a final master site plan, the final master site plan shall be in effect for not
more than five years. Owners of propern~ subject to the master site plan may seek appropriate
extensions. Approval of an extension shall be made by the Planning Director. Approval shall
be granted if the Planning Director determines that the relevant terms of this title and
circumstances have not significantly changed since the initial approval.
F. Upon approval of the final site plan by the Plamling Director the applicant ma}' obtain a
building permit as provided for by Chapter 18.64, BMC.
1. Subsequent site plan approvals are required to implement a master site plan, and
approval of a master site plan does not entitle an applicant to obtain an}' building
permits.
18.34.140 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS
Based upon the approved sketch or final site plan (hereinafter referred to as "plan"), and after an}'
appeals have been resolved, a building permit for the site may be requested and may be granted pursuant
to Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site
plan whose appro~=al has expired.
•
Ordiliance # 1761: august 8, 2009
page 34-12
18.34.150 AMENDMENTS TO SKETCH AND SITE PLANS
a. It is the intent of this section to assure that issues of communit}~ concern are addressed during
the redevelopment, reuse or change ii1 use of existing facilities in the community. Specific areas
of communit<- concern include public safet}', mitigation of off-site environmental impacts and
site character in relation to surroundings. "I'he following procedures for amendments to
approved plans, reuse of existing facilities and further development of sites assure that these
concerns are adequately and expeditiously addressed.
B. any amendment to or modification of a site plan or master site plan approved under the
ordinance codified in this chapter (September 3, 1991 -Ordinance 1332) shall be submitted to
the Plaiuiing llirector for review and possible approval. Proposals for further development,
reuse or change in use of sites developed pursuant to this title shall also be reviewed as an
amendment to an approved plan. all amendments shall be shown on a revised plan drawing.
amendments to approved plans shall be reviewed and ma~~ be approved by the Planning
Director upon determining that the amended plan is in substantial compliance with the originally
approved plan. If it is determined that the amended plan is not in substantial compliance with
the originally approved plan, the application shall be resubmitted as a new application and shall
be subject to all standards and site plan review and approval provisions of this title. Substantial
compliance may be shown by demonstrating that the amendments do not exceed the thresholds
established in j 18.34.170.B, BMC.
C. 1~Iodifications or amendments to a master site plan at the time an extension of approval is
sought may be proposed by either die applicant or the CirS- Commission, and shall be based on
substantive current information that indicates that relevant circumstances have changed and that
such circumstances support die proposed modifications. Such circumstances may include
market analyses, economic conditions, changes in surrounding land uses, changes in ownership,
• etc.
18.34.160 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED
UNDER A CONDITIONAL USE PERMIT
an}~ proposed additions, enlargements or modifications of the structures approved in any conditional
use permit, or any proposed extension of the use into areas not approved in any such permit, shall be
subject to the review procedures of this chapter.
18.34.170 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES
DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE
CODIFIED IN THIS TITLE
a. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3,
1991 -Ordinance 1332) shall be considered to have developed under an approved plan.
Proposals for reuse, change in use or the further development of sites legally developed prior to
the adoption of the ordinance. codified in this title may be approved by the Planning Director
upon determining that no significant alteration of the previous use and site are proposed, and
upon review by the Cit}~ I~ngineer or designee to assure that adequate access and site surface
drainage are provided..~ll such proposals shall be shown on a plan drawing as required by the
Planning Director.
B. '1"he criteria for determining that no sigtuficant alteration of the previous use and site will result
from the proposed reuse, change in use or further development of a site shall include but not be
limited to the following:
1. The proposed use is allowed under the same zoning district use classification as dle
previous use, however replacement of nonconforming uses must comply with the
provisions of Chapter 18.60, BMC;
Ordinance # 1761: august 8, 2009 page 34-13
2. Changes proposed for the site, singly or cumulati~=ely, do not increase lot coverage bj~
buildings, storage areas, parking areas or inpei-~~ious surfaces and/or do not result in an
increase in intensity of use as measured by parking requirements, traffic generation or
other measurable off-site impacts;
a. By more than 20 percent for developments not meeting one or more of the
criteria of ~1834.040.C; OR
b. I3y more than 10 percent for developments meeting or exceeding one or more of
the criteria of ~~18.34.040.C;
3. The proposed use does not continue any unsafe or hazardous conditions previously
existing on the site or associated with the proposed use of the properrn.
C. If it is determined that the proposed reuse, change in use or further development of a site
contains significant alterations to the previous use and/or site, the application shall he
resubmitted as a new application and shall be subject to all plan review and approval provisions
of this chapter.
D. When proposals for reuse, change i11 use or further development of a site are located in the
neighborhood consen~ation or entryway corridor overlap districts, review b}' aDR staff or the
DRB may be required to determine whether resubmittal as a new application is necessary.
18.34.180 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF
SITE PLAN REVIEW
a. The continued improvement of existing developed sites is desired to increase the level of
compliance with the provisions of this title. au applicant ma}' propose improvements, not i1
association with a site plan review, to increase conformity with the standards of this title for
landscaping, lighting, parking or similar components of a site to occur over a defined period of
time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to
scale and which shall be sufficientl}~ detailed to clearly depict the current conditions, the intended
end result of the proposed improvements and any phasing of work. Such improvements shall be
reviewed by and approved at the discretion of the Planning Director. The Planning Director map
require suret<~ in accordance with the terms of Chapter 18.74, BI\IC for work performed.
18.34.190 SPECIAL TEMPORARY USE PERMIT
a. Ge_ne~ Uses permitted subject to a special temporary use permit are those temporary uses
which are required for the proper function of the community or are temporarily reyuired i7 the
process of establishing a permitted use, constructing a public facility or providing for response
to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to
the surrounding properties or to the communit)~. Uses perntted subject to a special temporary
use permit may include:
1. Carnivals, circuses, special events of not over seventy'-two consecutive hours;
2. Tent revival meetings;
3. Swap meets; or
4. Such other uses as the Planning Director may deem to be within the intent and purpose
of this section.
B. application and Filing Fee. application for a special temporary use permit ma~~ be made by a
propert)~ owner or his authorized agent. a copy of the fees are available at the Planning
Department. Such application shall be filed with the Planning Director who shall charge and
collect a filiig fee for each such application, as provided ii Chapter 18.64, I3MC. The Planning
Ordinance # 1761: ~~ugust 8, 2009 page 34-14
Director ma~~ also require any information deemed necessai~~ to support the approval of a special
temporary use permit, including site plans per this chapter.
C. Decision. ~~pplication for a special temporai~~ use permit shall be reviewed by the Planning
Director who shall approve, conditionally- approve or disapprove such application. l~pproval or
conditional appro~~al shall be given only when in the judgment of the Planning Director such
approval is within the vitent and purposes of this chapter.
D. Conditions. In approving such a permit, the approval shall be made subject to a time limit and
other conditions deemed necessar~~ to assure that there will be no adverse effect upon adjacent
properties. Such conditions may include, but are not limited to, the following:
1. Regulation of parkilig;
2. Regulation of hours;
3. Regulation of noise;
4. Regulation of lights;
5. Requirement of bonds or other guarantees for cleanup or removal of structure or
equipment; and/or
6. Such other conditions deemed necessare to cari~~ out the intent and purpose of this
section.
18.34.200 APPEALS
;appeals of decisions rendered in conjunction with this chapter may be taken as set forth iii Chapter
18.66, B~IC. In such event, an~~ plan review approval and associated right to proceed with development
shall be staved until the appeal process has been completed.
18.34.210 IMPROVEMENTS
Improvements depicted on an approved site plan shall be installed subject to the requirements of
Chapter 18.74, I31~IC.
•
Ordinance # 1761: august 8, 2009 page 34-15
•
•
•
CHAPTER 18.38
GENERAL LAND USE STANDARDS AND REQUIREMENTS
•
18.38.010 AREA REQUIREMENTS FOR INDIVIDUAL BUILDINGS -RESTRICTIONS
No part of an}' 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 ~~ard 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. Wards
or lots created after the effective date of said ordinance shall meet at least the minunum requirements
established by this title.
18.38.030 USE OF LANDS -BUILDINGS AND STRUCTURES
.~~. Only uses Specificall~~ Identified b~~ 'T'his Title to be Built. No building, or structure or part
thereof shall be erected, altered or enlarged for a use, nor shall an}' existing building, structure or
part thereof, or land, be used for a purpose or iii a manner that is not in confornmty 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 fast receive approval from the Cit}~ Commission. I~xisting
nonconforming uses and structures shall be governed by Chapter 18.60, BI~1C.
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 iii an}' manner, except in conformity to d1e yard and setback regulations
designed for the zone iii which such building or open space is located, except as otherwise
specified in this title.
C. Kecreational Vehicle Parking on Kesidential Lot. No person shall park or occupy any
recreational vehicle or mobile home on the premises of any occupied dwelling or on an~~ 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. "1'he parking of onl}' one unoccupied recreational vehicle isi any accessor~~ 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, temporar}' 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 pernuts on such lots
or sites, municipal water distribution, municipal sanitai-~~ sewer collection, and streets
shall be provided to the site. Fach building site must utilize and be connected to both
the municipal water distribution and municipal sanitai-~~ sewer collection systems.
Installation of improvements is subject to Chapter 18.74, BMC.
a. ~~Iternative. 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
Ordinance 1761: Effective August 8, 2009 38-1
inunediate access to either municipal eater or municipal sewer the City mav, in
its sole discretion, make such allowance when all of the following ha~re been met:
(1) The nonmunicipal system(s) to sea~ice the lot or site shall be designed,
reviewed and constructed to meet City of Bozeman standards. Systems
searing more than one lot or user shall be central s}stems;
(2) "I'he 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 sea~e 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
sea~ices and abandon and remove nonmunicipal sea~ices when so
instructed by the City-. Such agreement shall be bindv~g 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 eater 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, Citti~ of Bozeman, County F,mTironmental Health, and an~~ other
relevant agency; and
(8) "I'he use of municipal water or sewer systems is considered to be the best
means to protect the public interest and welfare. 11ie alternative for the
use of nonmuiucipal systems is intended to be used sparingl}~ 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 Ciry Engineer
and Water and Sewer Superintendent prior to the issuance of an}- 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, B1\IC, Planned Unit Development (PUD), the issuance of a building
permit may be allowed prior to completion of the public infrastructure, provided the
criteria of X18.74.030, 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
.~. No Use of Unfinished Structures. No cellar, garage, tent, tepee, yurt, basement with unfuiished
structure above, accessory building, or vehicle; or any manufactured home or recreational vehicle
Ordinance 1761: Effective August 8, 2009
38-2
outside of an approved manufactured home communit}', recreational vehicle park, or appro~red
indi~riduah lot in accordance with ,~1~.4O.130, B1~IC shall at any- time be used as a dwelling unit,
unless appro~~ed for use as a temporary dwelling unit due to a demonstrated hardship.
B. Use of Basements. "I'he basement portion of a fmished 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
~. Ian 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. .~~cecssory buildings, uses or equipment shall not be stored or constructed between the front lot
line and required front building line.
C. ~ccessoi~- buildings and garages shall not be located within a utility easement without written
approval of the easement holder.
D. accessory buildings in an}' busuiess or industrial district ma}' be located only to the rear of the
front lute of the principal building.
I. No accessoi~° building shall exceed the footprint of the pruicipal building unless such accessory
building has been otheilvise approved per this title. ran 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 store
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 he 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 fmished floors may be approved in non-residential
districts if the other requirements of this title are met.
h. Mechanical Eduipment 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 mechaiucal equipment shall be screened from public rights-of-wa}'
with walls, fencing or evergreen plant materials. Mechanical equipment shall not
encroach into required setbacks.
G. Detached Structures Setback Reduirements.
1. r~ccessoiy structures less than or equal to 120 square feet in footprint shall not be
located iii 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. ~lccessoty 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
behveen 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: Effective August 8, 2009 38-3
~~lle}' 1Zight-of-
Wa ~ Width Setback for Garage Setback for a Garage with Stacked Parking Off
of an ~-~llev
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. ~ccessoi-}~ structures greater than 600 square feet shall not be located in an}- required
front, rear, or side yard and shall provide adequate back-up maneueerabiht}~ for required
parking spaces.
H. Structures may occup}~ not more than 20 percent of the area of the lot located to the rear of the
principal building(s).
I. ~ll structures located within the neighborhood conser-~~ation or entrywa~~ corridor overla}~
districts require a certificate of appropriateness.
J. 1\lore than ttvo de~Tiations shall not be granted for any accessoi-}~ structure.
18.38.060 YARD AND HEIGHT ENCROACHMENTS, LIMITATIONS AND
EXCEPTIONS
1~. 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, awnngs, window wells and steps, provided such arcltectural 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 chinlnevs,
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 map 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 occup}' not more than one-third of
the length of the building wall, excluding the width of the garage if applicable the}~ 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 requited 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. hlag poles, ornamental features, trees, shrubs, walkways, and nameplate signs may be
located within a required yard. Street vision triangle requirements apply.
Ordinance 1761: Effective August 8, 2009
38-4
B. Tero Lot Lii1e Conditions. In districts where zero sideyard setbacks are not otherwise allowed,
where an individual ova>ns two or more adjoining Iots, or where the owners of two or snore
adjoining lots make legal written agreement recorded at the Gallatin CounrS~ Clerk and Recorder,
a zero lot line concept may be used for commercial or single-household dwelling unit
developments. In residential districts this ma}' result in the creation of a two-household
residential structure, only i11 districts permitting such a structure, or the creation of townhouse
clusters iii 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. ~ecial 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. I-Iowever, 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. ~~ 25 foot front }'ard 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, BI\IC.
4. Setbacks from intersections as set forth in ~~18.44.090, BI\1C.
D. I-leight Limitation Exceptions.
1. Non-Specific hxemprions. 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 spec~cally authorized by the City Commission as an approved condition of
a planned unit development. Such approved conditions must include the
recommendations of the Cite Fire Marshal.
2. Specific Exemptions.
a. Height limitations shall not apply to church spires, belfries, cupolas and domes;
monuments; chimne}'s and smokestacks; flag poles; public and private utilit)~
facilities; parapet walls extending no more than 4 feet above die 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 i11 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 ]imitations otherwise established by this
ride, 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.
Ordinance 1761: Effective August 8, 2009 38-5
d. 'Powers 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, prop>ided that an~~ structure above the height otheilvisc
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, BhIC.
18.38.070 STANDARDS FOR SPECIFIC SITE IMPACTS AND ELEMENTS
,~. Surface-Water Pondin~. Natural ponding areas shall be retained as much as possible or, if
necessary, enlarged or modified as directed b~~ the Cit,~ Engineer to restrict the off-site runoff,
subject to the stone water runoff control provisions of this title and the Cit<''s stormwater
drainage requirements.
B. Trash and Garbage Incineration. No exterior incineration of materials is permitted except as
allowed b~~ 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 densitt~ greater than that permitted by ~'~lethod 9, 40 CFR 60
~~ppendix ~. Dirt, dust, fly ash and other forms of particulate matter shall not be emitted
beyond the propert}~ lines of the use creating the particulate matter.
D. Bulk Storag~iquid~. ,ill 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.
T'. Water ~alitt~, Hazardous Wastes and Wastewater. Discharge of hazardous waste, chencals or
wastewater will be subject to Montana Department of Environmental Qualirt• 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. 'Phe emission of odors shall be controlled such that objectionable or offensive odors are
not perceptible beyond a distance of 5O feet past the propert<~ lines of the use creating
the odors.
2. No tonic, noxious or corrosive fumes or gases shall be enutted beti~ond the property lilies
of the use creating such fumes or gases.
H. Noise. No noise shall be produced that causes a violation of the CitS~'s regulations regarding
disturbance of the peace or creates a nuisance.
I. Vibrations. No ground vibrations, except for those on15~ perceptible with the use of instruments,
shall be permitted be~Tond the propert}~ lines of the use generating the ground vibrations.
.~. Electrical Disturbance. No acti~riry 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.
Is. 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
Ordinance 1761: Effective August 8, 2009
38-6
by the Cite. Burning of waste materials in open Rtes is prohibited, unless othcnvise pcnnitted by
and in conformance with, another ordinance.
1\l. Liquid or Solid Waste. No materials, compounds or chemicals, which can contaminate any water
suppl}', 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 an}' point into anv public sewer, private sewage disp~~~sal system or stream or
into the ground, except iii accordance with the code of the City' and the standards approved by
the 1~-Zontana State Department of Environmental Qualin~ or such governmental agency as mayT
have jurisdiction over such activities.
N. Fissionable, Radioactivit`- or Electroma~ietic 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 de-ices 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-
frequenev 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
~. Clean lip of propcrn~. Prior to final plat or final occupancy approval, the developer shall ensure
dzat all construction and other debris is removed from the development. 'Phis includes concrete,
asphalt, dead trees and shrubs, and fencing materials.
B. Revegetation. .ill areas disturbed during construction shall be reseeded with vegetation types
approved by the Gallaty~ County Weed Control Supei-~~isor.
•
Ordinance 1761: Effective August 8, 2009 38-7
•
•
•
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
ma}~ be permitted as principal or conditional uses in specific districts.
18.40.020 APPLICABILITY
~ll 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
~~. ~~n owner or the owners of real propern~ 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
accessor}~ dwelling unit itself, is actuall}' and physicall}' 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 j118.74.080.B, BMC, as a condition of approval;
2. Ln 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. 'hhe
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, accessor}'
dwelling units shall be permitted to be placed above garages only ii1 subdivisions
receiving preliminary plat approval after )anuaiy 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, unlit}' sei-~rices,
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 ~IllU 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 store 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: Effective l~ugust 8, 2009. page 40-1
9. 1f 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 wait on a lot of 6,000 square feet or more;
b. The accessoi~~ dwelling unit does not exceed one-third of the total area of the
principal structure;
c. The accessory dwelling unit is created on1S, through internal conversion of the
principal structure or constructed above a garage. 1~Iinor exterior changes ma~~ be
made on the building, if the square footage added constitutes no more than 10
percent of the principal structure's existing luring 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 ti-ards.
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
de~riations be granted to allow the establishment of an accessory dwelling unit.
B. ~1n owner or the owners of real property may establish per 518.34.050 and maintain an accessory
dwelling unit, in the R-2, R-3, R-4 or R-O districts if all of the follo~vuig 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 518.34.090, B]~IC.
1. In addition to the parking required for the principal residence, the mii~num number of
required paved off-street parking shall be provided for the exclusive use of the accessory
dwelling unit;
2. 'I'lie occupancy of the accessor}' dwelling unit does not exceed rivo persons;
3. Garages shall not be comrerted for use as accessory dwelling units. Ilowever, 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 livilig
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, BI~2C.
Ordinance # 1761: Effective August 8, 2009.
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 appl}' to all adult businesses.
.~. an adult business must be separated by at least a 500-foot radius from an~~ other adult use,
residence, residential district, school, place of worship, public park or any youth-oriented
establishment. Subsequent establishment of one of die 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 b~~ the Cit,~.
~~. 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. 'I"he maximum height of die canopy shall
not exceed 18 feet. ~~ll signs must conform to the sign regulations of Chapter 18.52, B1~IC;
H. all on-site activities, except those normally performed at the fuel pumps, are to be performed
within a completely enclosed building;
C. Where towing set-~~ice 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 awaituig repairs. Vehicle storage areas are subject to the same screening
requirements as parkilig lots;
D. ~~ll lighting shall conform to Section 18.42.15(1;
E. all structures approved under these standards shall be of a design character that is appropriate
to d7e 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;
I3. Parking space for each service stall in the station shall be provided. Pump islands shall not be
considered as sei-~-ice 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. ,ill repairs or painting shall be performed within a building;
Ordinance # 1761: Effective august 8, 2009. 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. 111 facilities shall have a water qualiri~ 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.
~~. ill 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 ane side or rear property line. Design of the
canopy shall arclutecturalli match the design of the main building. !ill lighting shall meet the
lighting standards of this title. The maaitnum height of the canopy shall not emceed 18 feet. ~ll
signs must conform to the sign regulations of Chapter 7 8.52, BMC.
18.40.080 CEMETERIES
;~. "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
~. Unit Ownership ~~et. Condominium developments shall comply with all provisions of the L.~nit
Ownership pct, X70-23-102 et seq.,l~ICr~, and all regulations adopted pursuant thereto.
B. Condominium association. .~ 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 Cite Engineer, compl}' with Section
18.44.020.
D. Condominiums may be subject to Chapter 17.02, B1~IC.
Ordinance # 1761: Effective august 8, 2009.
page 40-4
•
•
•
• 18.40.100 CONVENIENCE USES AND DRIVE THROUGH/DRIVE IN RESTAURANTS
~~. 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 compl}~ with all applicable
design standards and guidelines including the Design Objectives Plan for entry wa}'
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,
drivewa}'s, setbacks and signage shall be integrated with the entire design theme of the
project; and
4. The ele~-ation design of the building shall pro~-ide 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 accessor~~ to a dwelling unit.
Buildings combining live/work arrangements located iYi districts where both the residential and
nonresidential uses to be combined are permitted are not subject to the requirements of this
section.
B. I-lone Based Business as accessory Use
1. 'T'he 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
pernutred in the residential district of which it is a part. The home based business may
not be conducted in an accessory structure, and shall compl}' 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 accessor-}' 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: Effective august 8, 2009. 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 u1 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;
£ The use may increase vehicular traffic flow and parking by no more than one
additional ~rehicle at a time. llepending 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 ii1 question under normal circumstances wherein no home based
business exists.
4. Notice of Intent to Operate an r~ccessor~~ I-Tome Based Business. Any- >lidi~ridual
applying for a business license, with the intent of operating the business from his~her
home, shall acknowledge b~~ signature his/her understanding of the requirements and
conditions of this title.
C. Dome Based Business as Conditional Use. •
1. Purpose. 'hhe 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 accessoi-~~
structure. 'T'he home based business shall comply with the standards of subsection C.3
below.
2. Conditional Use. It is the i~ltent 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 accessoi-~~
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. ~ 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. ~s 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 bf an accessory home
based businesses as listed in this section.
Ordinance # 1761: Effective august 8, 2009.
page 40-6
3. Necessary Conditions for Conditional Use. Home based businesses permitted through
the conditional use pernut process are allowed in residential districts onl}~ so long as all
the following conditions are obsei-~-ed:
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 iiwolve 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 anti 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. `T'here shall be no outside storage of an}~ 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 b}' conditional use permit may onl}' 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 X18.48.060, BMC, Landscape Performance Standards; and
i. r1ll permits required by the City, including, but not limited to, building permits
and business licenses, shall be received prior to establishing the home based
busuiess.
4. Home Based Business l~llowed "hhrough a Conditional Use Permit. any individual
seeking to operate a home based business, which is greater in scope than that allowed b~~
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 ma}' be cause for termination of the home
based business. However, should such complaint be filed, the operator is entitled to an appeal to
the Cit<~ Commission for a public meeting. "I'he 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 ~re Prohibited. 'I"he following uses, by the nature of their character or the investment
of operation, have a pronounced tendency, once started, to rapidly increase be~~ond the luluts
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 Tube services; painting of vehicles,
trailers or boats; prieate schools with organized classes; radio or television repair; and
upholstering.
h. ~~npea~ 1 to Cit}~ Commission. r~ny person may appeal the Planning Director's action relating to a
home based business to the CitS~ Commission as provided for by Chapter 18.66, Bl~TC.
Ordinance # 1761: Effective august 8, 2009. page 40-7
18.40.120 MANUFACTURED HOME COMMUNITIES
Manufactured home communities are included iii the state classification of land subdivisions by rent or
lease. Therefore, applicants for such developments shall appl}' 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.
~. State of Montana Requirements. All manufactured home communities de~reloped under this
section shall comply with Montana State Department of Public lIealth and Human Ser~rices,
Department of Environmental QualitS~ and any other applicable state regulations. Prior to final
approval for a manufactured home commuiuty, copies of approval letters from rele~~ant 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. "1'he 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. "I'he location marked must be closel}' approximate to those depicted on the
approved plans.
1. Utilitt~ Hookup. F_'.ver}' manufactured home shall be permanently connected to electric
power, water supply, sewage disposal, gas and telephone sernice lines in compliance with
applicable City codes, and all utility distribution and service lines shall be installed
underground.
?. Permanent Foundations and r~nchorin~. All manufactured homes shall be required to be
tied or otherwise physicall}~ anchored to an approved permanent concrete foundation.
Building permits for foundations and anchoring, issued through the Cite 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 he 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 du-ected by the Dire Marshall and may not be kept on a lot for more than
forty-five days.
d. F.,ach manufactured home must bear an uisignia which attests that the
construction of the manufactured home meets regulation A 119.1 of the
American National Standards Institute (adopted by the L'.S. Department of
Housuig and Urban Development), or be certified as meeting the Mobile Dome
Construction and Safet}' Standards of the L?.S. Department of Housing and
Urban Development.
e. Within twent}•-one days of placement, standard manufactured home skirting of
fire-resistive material similar iii 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: Effective August 8, 2009.
page 40-8
f. ,ill required front yards of lots for rent or lease for manufactured homes shall be
full}~ landscaped.
g. .ill 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. Evei~~ lot for rent or lease must front
on a public or private street.
C. Permits and Inspections.
1. Owner's and ~~;cnt's Responsibilitt~. It shall be the responsibilit<~ of the individual
propert}> owners or, in the case of a rental communit}', the managers ofthe rental
communit~~ to sec that all sections of this article are complied with, including
requirements relative to placement of manufactured homes, and all required permits.
2. 1\Iove In Pernut Keyuired. ~ll manufactured homes moved into the City must be issued
a move-in permit, pursuant to this section, and be inspected by the Cite Building
Official, prior to gas and electric seiti~ice being turned on b}' the sei-~~icing utility. 1~ copy
of the original sales contract shall be available for permit informational purposes.
3. Ci ,~ Inspection Required.
a. "1'he 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 Cin~
Commission by resolution.
b. It is unlawful for any person, firm, corporation or agency to turn on, or allow to
be turned on, an}' gas or electric service without an inspection and clearance
from the Cit<- Building Official.
4. Non-Manufactured Home Improvements Subject to the International Building
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
lJi>iform Mechanical Code.
ll. Plans. "I'he preliminar}~ and final plans shall accurately depict:
1. 111 proposed and required landscaping;
2. locations of storage areas for recreational vehicles and other chattels of the residents;
3. .~ layout of typical lots for rent or lease showing the location and dimensions of the lot,
manufactured home stand, drieeway and parking spaces;
4. Mail deliver- area; and
5. Foundation and anchoring details.
E. ,~ permanent enclosure for temporan~ storage of garbage, refuse. and other waste material shall
be provided for every manufactured home space. If trash dumpsters are to be used, the}' shall be
centrally and conveniently located, shall not be located in any front yard, and shall otheilvise
comply with the requirements of this title.
F. Landscaping may be required by the Cit}' Commission to provide a buffer betlveen
manufactured home communities and adjacent uses, and to enhance the appearance of the
• development. "I"he 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 Cit}~
Ordinance # 1761: E ffective August 8, 2009. page 40-9
considering appropriate factors such as the nature of adjacent uses, noise and proxinuty~ to busy
streets.
G. Recreation areas. 11t a minimum, the amount of land required to be dedicated under j18.50.020,
BI\IC, shall be reser-~red as park or recreation area. Recreation areas ma}~ include space for
community recreation buildings and facilities.
1. Public access tlv-ough the recreation area may be required, through the provision of a
written public access easement, if it is determined b~~ 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. ~~ccessory Buildings. ~yccessory buildings for individual dwellings are subject to j18.38.050,
BI\IC.
18.40.130 MANUFACTURED HOMES ON INDIVIDUAL LOTS
1~. Intent It is the intent of this section to allow manufactured homes, as defined in (:hapter 18.80,
BMC, in specified zoning districts ili which similar single-household dwellings constructed on
the site are permitted subject to requirements and procedw-es 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 Mousing and Urban Development.
B. 1~pplication, 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 necessar~~ b~~ the Plamung
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. ~s 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 ~ece stable Similarity in Exterior r~nt~earance 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: Effective august 8, 2009.
page 40-10
4. The exterior covering material shall be similar or closely compatible to that found on
conventionall~~ built residential structures 111 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. ~~ solid concrete or masonry perimeter foundation shall be used.
7. The exterior awering and roofing materials of the garage(s), carport(s) and accessory-
buildings shall be compatible with the materials on the manufactured home.
8. "111e finished floor shall be a maximum of 24 inches above the exterior finished grade of
the lot, or similar to the convcnuonally built homes in the surrounding area.
9. The manufactured home shall be located on the lot so that the home presents a primai~~
entrance to the principal street frontage. Such primacy entrance may be established b~~
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 propert}' development
standards for the zone in which the}' 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. l~7anufactured homes located within the Neighborhood Conservation Overla}~ 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 on1}~ if
the}' have been certified as meeting the Mobile Home Construction and Safety Standards
of the U.S. Department of Dousing and Urban Development.
D. Actions b; Planl~ig Director. Upon receipt of an application as required by subsection I3 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 iii
writing.
18.40.140 MINI WAREHOUSES
~. Minimum site size shall be one. acre.
I3. On-Site Circulation, Drives and Parkin.
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 elinunated when the driveway does not sei-~~e storage cubicles.
•
Ordinance # 1761: I~ffective August 8, 2009.
page 40-11
18.40.150 OUTDOOR SALES AND DISPLAY
~~. 1~Ierchandise which is offered for direct sale, rental or lease to the ultimate consumer or user
may be displa~~ed be}'ond 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, wiles such
merchandise is a n'pe customarily displayed outdoors such as automobiles and garden supplies.
In such cases, the maximum area for outdoor sales and display shall not exceed 5Q percent of the
total lot area.
B. Outdoor sales and display areas shall not be located in an~~ required yard and is also subject to
~C,18.42.160, Bl~IC.
18.40.160 PORTABLE CARRY -OUT FOOD AND BEVERAGE BUILDINGS
~. ~ X10,000 site bond must be secured on the propert~~. In addition, evidence of liabilit}'
insurance, with coverage of X1,000,000 per occurrence, shall be furnished b}' the owner.
B. Electrical service must be installed underground, in compliance with all electrical service codes,
subject to approval by the Iuilding Department.
C. Structures shall not emceed 80 square feet in size. loll structures must be on an impro~=ed asphalt
or concrete surface, be anchored to resist accidental movement, be placed upon approved
footings and have a full~~ electrically bonded frame. No structure shall have an axle. Inclosed
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 ma~~ 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
emergence 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 CitS~ department representatives, including but not limited to Citti~ F_,ngineer, Dire
Marshal, City- Building Official and Planning Director. Permit coordination and final issuance
shall be by the Planning Director. ~ Special Temporary lise Permit for Portable Cane-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.
h. Operations shall be subject to all licensing requirements of the Gallatin Cit)~-CountS~ Health
Board. Documentation of such licensing, including a copy of plans for water supply and
disposal, shall he provided to the planning director prior to permitting.
G. The Cite of Bozeman reserves the right to revoke or terminate this permit at ane time big giving
30 days written notice of such revocation or termination, except that the Cit<~ 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 be~-erage buildings as described herein shall not be subject to certificate of
appropriateness requirements for the neighborhood conservation and enri-~~vay cori7dors overlay
districts.
•
Ordinance # 1761: F,ffective ~~ugust 8, 2009. page 40-12
18.40.170 RECREATIONAL VEHICLE PARK AND OVERNIGHT CAMPGROUND
Recreational vehicle parks and overnight campgrotmds arc included >11 the state classification of land
subdivisions b}' rent or lease. `T'herefore, applicants for such developments shall appl}~ for and be
reviewed under both site plan and subdivision procedures.
~~. Recreational vehicle parks shall be screened from view of an}~ 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 plaint}~ marked and maintained with a dust
free surface.
D. Individual recrearional 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. ~~pproved trash disposal, bathroom and laundr}' facilities, including facilities for the
handicapped, shall be provided for use of overnight campers.
h. 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 R1~~1H, Residential Manufactured Home Communit}- District zoning designation.
Recreational vehicle parks are a principal use in the RI\1H district and a conditional use in the R-
Sdistrict.
18.40.180 LARGE SCALE RETAIL, SIZE LIMITATIONS AND DESIGN AND SITE
DEVELOPMENT GUIDELINES AND REQUIREMENTS
~. Purpose.
1. '1"he purpose of this section is to establish general development standards for large scale
retail developments. "hhese standards are intended and designed to assure compatibilit}'
of uses; to prevent urban blight, deterioration and decay; and to enhance the health,
safety and general welfare of the residents living within the Cit}~ of Bozeman.
2. These standards are also intended to be used as guidelines for evaluating and assessilig
the qualiti~ 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 necessaril}' complying with the enact standards of this chapter,
will meet or exceed the intent behind these standards.
3. ~~nbhcabilit<~. ~ll uses fisted in this chapter shall be subject to the specific standards
described for each use, in addition to all other applicable standards which may apply.
I3. 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 X18.40.150, BMC.
3. Notlvithstanding j18.40.180.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 ma}' be continued,
structurally altered, repaired or reconstructed so long as it is not increased, extended or
Ordinance # 1761: Effective ,august 8, 2009. page 40-13
enlarged beyond the gross floor area of the building that existed on March 21, 2003. "1'0
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 1\Iarch 21, 2003.
4. The following principal uses are exempt, as they pertain to outdoor sales and storage:
a. Recreation velvcle sales and auto sales;
b. agricultural implement sales; i.e., tractors, cultivators, balers, etc.; and
c. Plant nursei~~.
C. Design and Site Development Guidelines for Certain Retail Developments.
1. Retail development consistilig 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, I31\~I(:, if there is any conflict between the guidelines, the more restrictive
guideline shall apple. 'hhe 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 Pm-pose. all new construction of retail buildings described in subsection ~~
above will be subject to design re~~iew. 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 ineolved~ in decisi<» is 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 r~~ropriateness. 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 nonce 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, FntrS~vay
Overlay District, including the general design objectives and guidelines contained in the
adopted or updated llesign Objectives flan, regardless of location or coning district. •
Said design criteria and development standards shall be exceeded through design
practices such as additional architectural detailuig, exceptional landscape design,
Ordinance # 1761: Effective l~~ugust 8, 2009.
page 40-14
unproved public spaces, use of renewable eneeg}' and/or recycled construction materials,
and provisions for alternati~=e 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. ~daptabilit;~ 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 set-=ice,
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. .~ ~ eals. appeals may be taken as provided for in Chapter 18.66, BMC.
D. ~~dditional 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 opportunitS-, consistent with the sound needs of the municipalit}~ 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 appro~=ed 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 municipalit}' as a «=hole;
b. ~ 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
propert}~, 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 builduig or sign surface after the use for which the sign
was permitted ceases to operate.
2. The Cite may enter into a development agreement with the owner of the real properry~
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. :~ development agreement entered into in accordance with this
section must contain provisions obligating the owner to redevelop the real properh~ for a
specified use consistent with the provisions of this title and offering recourse to the Cit}'
if the redevelopment is not completed as determined by the CitS~.
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
~~. The minimum property size shall be ten acres.
Ordinance # 1761: Effective august 8, 2009. 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 anv adjacent privately owned propert,~. 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 wlvch would generate more traffic than is normal to a
residential area, unless the proposed site has diiect 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
acti~rit)', 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 activit}~.
I_;. 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 subntted
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 activit)~ and pasture areas that are not grassed shall be treated for dust control as approved by
the Planning Director.
H. Adequate parkilig for daily activities shall be shown on the site plan and improved to Cit}~
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 7 C feet
ii1 height, and fencing ma}' be required to be opaque by the. Planning Director or Cit}~
Commission.
C. When the club is located within a residential zoning district, there shall be no shows,
tournaments or other activit}' 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 CitS~ 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 an}~ residential zoning district, or as
otherwise determined by the ADR or DRB.
F:. 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 communing center site.
OrdiYiance # 1761: Effective August 8, 2009.
page 40-16
l3. Cotnmunit~~ Centers located within residential districts shall, when an~~ ilidividual structure
exceeds 5,000 square feet in gross floor area or exceeds the district's allowed maximum height,
pro~~ide a 20 foot landscaped ~-ard bet«-een the building and adjacent residential uses. ~~ structure
separated from the adjacent residential uses b~~ a parking lot, public street, ~~~atercourse, public
open space, or similar separation is exempt from the additional ~~ard width requirement.
C. teach comtnunit)~ center site with more than 40 parking spaces shall pro~~ide a minimum of 2
ingress~egress points which comply- ~~~ith Section 18.44.090.
•
Ordinance # 1761: l~ffecti~re august 8, 2009. page 40-17
•
•
•
CHAPTER 18.42
DEVELOPMENT STANDARDS
•
18.42.010 GENERAL STANDARDS
1~. Conformance. "1'he design and development of all land uses shall conform to this title, adopted
growth policies, any relevant adopted neighborhood or subarea plan, and other resolutions and
regulations, including au~~ and all amendments thereto.
H. Natural Environment "I'he design and development of all land uses shall be properly related to
topograph~~, and should, to the extent possible, presence the natural terrain, natural drainage,
existing topsoil, trees and other existing vegetation.
C. Lands Unsuitable for Development. Land which the Planning Director or Cite Conunission has
found to be unsuitable for development because of potential hazards such as flooding, land
slides, excessive slope, rock falls, subsidence, high water table, presence of wetlands; or because
of unreasonable burdens on the general public such as requirements for the excessive
expenditure of public funds, enviroi~tnental degradation, or congestion in the streets or roads
shall not be used for building or residential purposes unless the hazards or excessive public
burdens are eliminated or will be overcome b}' appropriate design and construction plans.
Slopes of 25 percent or greater shall be presumed unbuildable unless proved otherwise by the
developer.
18.42.020 NEIGHBORHOOD CENTERS
To provide a neighborhood focal point, all residential subdivisions or planned unit developments, that
are 10 net acres in size or greater, shall have a neighborhood center. Developments may be exempted
from this requirement if even- lot within the development is within one-half mile of an existing
neighborhood center. Generally, the center shall be no less than one acre in size. "The center shall be
comprised of a park, square, green, plaza, transit stop, neighborhood commercial center, civic use or any
combination of these. The following requirements shall apply to all neighborhood centers:
1~. 'The geographic center povnt of the neighborhood center shall be no further than 600 feet from
the geographic center point of the development. 't'his requirement may be waived in the
following circumstances:
1. The development would create parcels that are all nonresidential;
2. The center is a neighborhood commercial center or is adjacent to a neighborhood
commercial center;
3. The site is constrained by the presence of critical lands;
4. The site is part of an approved subarea plan that shows the center in a different location;
or
5. 'hhe topography of the site presents physical constraints on the property.
B. With the exception of civic and neighboiliood commercial center uses, the developer shall be
responsible for installing all center-related improvements as part of the required development
improvements. Improvements shall be installed with each phase when amulti-phase project is
developed. Required unprovements shall be based on the definition of each feature found in
Chapter 18.80, BI\7C, and/or City standards.
C. The neighborhood center shall have frontage along 100 percent of its perimeter on public or
private streets or roads. The City may consider and approve the installation of streets along
Ordinance # 1761: Effective l~ugust 8, 2009 page 42-1
less than 100 percent, but not less than 50 percent, of the perimeter in accordance with
Section 18.50.060.
D With the exception of civic and neighborhood commercial center buildings and grounds, the
center shall be considered a common area to be owned and maintained by the propert}~ owners
or a property' owners association. The propert~~ owners association could establish an
improvement district to collect assessments to pay for the maintenance.
l areas ~~~ithin neighborhood centers used for park, square, green and/or square, that meet the
following criteria, may count towards park land dedication requirements subject to review and
approval by the Citt~ Comnussion, after receiving a recommendation from the Bozeman
Recreation and Parks ~dvisoiy Board:
1. "hhe area is predominantl}' open space with enhanced natural features, but may contain
ametuties such as sidewalks, seating, drinking and ornamental fountains and public art;
and
2. '1"he area provides active and/or passive recreation opportunities.
F. The neighborhood center may be used for limited stormwater retention/detention facilities if
re~~iewed and approved by the Cite Engineer. However, an}~ part of the center used for
stormwater management shall not count towards park dedication requirements.
18.42.030 LOT
,~~. Dimensions and Orientation. Lot size, width, shape and orientation shall be appropriate for the
location and contemplated use of the development. In residential developments, a variety of lot
sizes shall be provided to facilitate housing diversity and choice, and to meet the projected
requirements of people with different housing needs. Lot designs with irregular shapes, narrow
necks, points and flag shapes shall be permitted only when the developer can demonstrate that
the proposed lot designs are necessary due to topography or other physical constraints. Each lot
shall contain a satisfactory building site adequate for the uses permitted in its zoning district.
Each lot shall conform to this title, any growth policies, any relevant neighborhood or subarea
plan, where officially adopted, and to any applicable regulations of the Montana Department of
Environmental Qualirt-.
B. Division by 1Z~:ghts-of-Way. No single lot shall be divided by a public street, alley, or public or
private utility right-of--way or easement, which would reduce the amount of buildable land to less
than the minimum lot size required by this title for the applicable zoning district.
C. Double/Through and Reverse Frontage. Double/through frontage and reverse frontage lots
shall be avoided except where essential to pro~ride separation of residential de~-elopment from
arterial streets; to provide access to development adjacent to limited access streets; to overcome
topography or other physical conditions; or to overcome specific disadvantages of existing
design and orientation. Lots fronting on a street and an alley shall not be considered
double/through or reverse frontage lots.
D. Corner Lots. Corner lots shall have sufficient width to permit appropriate building setbacks
from both streets and provide acceptable visibility for traffic safety.
1. Generally, homes on corner lots shall ha~re the same orientation as homes on lots on the
interior of the block, unless otherwise approved through an overall development plan.
Covenants shall contain information regarding the orientation for all corner lots.
E. Width. Lots shall have a width sufficient to allow normal construction without the construction
encroaching on propert)~ lines, and shall comply with the building setback requirements of this
title.
Ordinance # 1761: Effective 1~ugust 8, 2009
page 42-2
I'. Depth. I~xcept for individual lots for individual townhomes, lots used to meet the requirements
of Chapter 17.02, B~IC, and for modular lots as allowed b}~ subsection 18.42.030.K of this
chapter, no lot shall have an average depth greater than three times its average width.
G. Side Lot Lines. Side lot lines shall be at substantial)}' right angles to street or road lines and
radial to curved street or road lines.
I. hronta~e. Unless otherwise allowed b~~ this title, all lots will have frontage in compliance with
~A18.44.090.8, BMC to provide, among other things, adequate room for snow removal, lot access
and utilit~~ easements.
J. Civic Uses. If lots are reser-~~ed or identified for ci~ric uses, these lots must be prominent sites at
the termination of street vistas, or in the neighborhood center.
K. Exceptions. Commonly owned lots used for accessor-~~ uses (i.e., stormwater management, open
space, utilities) arc exempt from the provisions of this section.
18.42.040 BLOCKS
I~. Size and Orientation. Blocks shall be designed to assure a high level of multimodal connectivit5•,
traffic safety, and ease of traffic control and circulation; to accommodate the special needs of the
use contemplated; and to take advantage of the limitations and opportunities of the topography.
B. Block Length. Block length shall not be designed, unless otherwise impractical, to be more than
400 feet in length or less than 300 feet in length. Block lengths can be longer than 400 feet if
necessary due to topography, the presence of critical lands, access control, or adjacency to
existing parks or open space. In no case shall a block exceed 1,320 feet in length.
C. Block Width. Blocks shall not be less than 200 feet or more than 400 feet iii width, except
where essential to provide separation of residential development from a traffic arterial or to
overcome specific disadvantages of topography and orientation.
D. Rights-Of-Wati~ for Pedestrians. Rights-of-wa~~ for pedestrian walks, not less than 10 feet wide,
shall be required where deemed necessar}~ to provide. circulation or access to parks, open space,
schools, pla}'grounds, shopping centers, transportation, and other communit>~ facilities. In
addition, no continuous length of block shall exceed 600 feet without intersecting a street or
pedestrian walk. Pedestrian walks shall also be installed at the end of cul-de-sacs where deemed
appropriate.
1. Yards adjacent to pedestrian rights-of--way less than 30 feet wide shall be treated as
corner side yards. Yards adjacent to pedestrian rights-of--way 30 feet wide or greater shall
be treated as side yards;
2. 'hhe pedestrian walks shall be maintained by the adjacent propert~~ owner(s) or by the
property owners association. The party responsible for maintenance of pedestrian walks
shall be identified in the preliminary plat application; and
3. Pedestrian walks shall be constructed as a City standard sidewalk, and the provisions of
~~18.44.080, BI\IC shall apply.
E. De~relopments which have. clearly delineated blocks shall use block numbers or letters, and each
block shall contain its own grouping of lot numbers.
18.42.050 UTILITIES
~1. Utilities shall be placed underground, wherever technically and eccnlomicall}~ feasible.
Underground utilities, if placed in a street right-of-way, shall be installed after the street has been
brought to grade and before it is surfaced.
B. If overhead utilit~~ Hiles are used, they shall be located at the rear property line.
Ordinance # 1761: I~ffective august 8, 2009 page 42-3
C. Utilit}~ facilities shall be designed by utility firms in cooperation with the developer. "I'he facilities
are subject to all applicable laws, rules and regulations of the appropriate regulatory authorities.
ll. The developer shall provide adequate and appropriate utilit<~ easements iii compliance with
~18.42.06q of this chapter.
18.42.060 EASEMENTS
~. Reduired Easements. Where determined to be necessai~~, public and/or private easements shall
be provided for private and public utilities, drainage, vehicular or pedestrian access, etc.
1. In subdivisions, all casements shall be described, dimensioned and shown on the final
plat in their true and correct location.
2. In all other developments, the proper easements documents shall be prepared for review
and approval by the City of Bozeman, and filed at the Count}' Clerk and Recorder's
Uffice. 'I"he easement documents shall be accompanied by an exhibit indicating the
dimensions, and true and correct location, of all easements.
3. No lot shall be encumbered by a public or private utility easement in a way that would
decrease the amount of buildable land to less than the area required by this title for the
applicable zonung district.
B. Private Utilirn Easements. Private utilities include, but are not linuted to, natural gas, electricitS~,
telephone, cable and fiber optic lines. The developer shall provide private utility easements
necessary to extend private utilities to the development, and to provide for the construction and
maintenance of private utilities witlnin the development.
1. Ueneral.
a. Building setbacks shall be coordinated with all provided utility easements. If a
utility easement will be greater than the building setback required by this title, a
note to that effect shall be placed on the final plat and/or final site plan as
appropriate.
b. Where a utilit}~ easement is to be located in an existing, dedicated right-of-way, an
encroachment permit must be obtained from the local or state street or road
department having jurisdiction.
c. If placed in a Cit}' right-of-~uai, easements shall be in a location required b~~ and
agreed upon in writing by all of the appropriate utilit}~ companies and the Cit<~
Commission.
2. Easement Size.
a. Front Yard Lltilitt~ Easements. Front yard utility easements shall be 10 feet wide,
and shall always be provided unless written confirmation is submitted to the
Planning Department from .ALL utilitt~ companies providing service indicating
that fiont yard easements are not needed.
b. Rear Yard L?tilit~~ Easements. The provision of rear yard utilit)~ easements is not
mandator-~~ unless the}' are required by any- or all of the utilit)~ companies to
adequatel}' serve the development. If provided, rear yard utility easements on
each lot shall be 6 feet wide if adjacent to a public alley and 10 feet if not
adjacent to a public alley.
c. Side Yard Utilit,~ Easements. The provision of side yard utility easements is not
mandatoiS~ unless they are required b}' any or all of the utilit~~ companies to
adequately serve the de~~elopment. If provided, tine width of the side yard utilit~~
Ordinance # 1761: Effective l~ugust 8, 2009
page 42-4
easement shall be deternuned on a case-bv-case basis based on the needs of the
utility companies.
3. Private L?tili~~ Plans.
a. When the concurrent construction option will be used, based on the provisions
of 518.74.030.D, BI\IC of this title, private utilit~~ plans shall be included with the
preluminary PL;D submittal.
b. Private utility plans shall be provided with an}~ plans and specifications submittals
for the construction of new water, sewer or street infrastructure as specified in
the City's Design Standards and Specifications Policy.
4. No building shall be constructed that encroaches on a private utility easement unless
written approval from ALL utilit~~ companies is provided to the Plam>ing Department.
C. Public Utilitti~ Easements. Public utilities include water, sewer and stormwater facilities that are
dedicated to and maintained by the Cit)~ of Bozeman.
1. 11 public utilit)~ easement shall be granted for all public utilit)~ mains not located within
public street right-of-wag-. ,fin easement shall be at least 30 feet wide for either one or
two utility mains. ~n additional 10 feet of width is required for each additional main
that occupies the easement. Wider easements may be required ar the discretion of the
Cit}' of Bozeman for large utility lines.
2. Public utility° easements shall be provided for all meter pits and fire hj-drants maintained
by the City of Bozeman.
3. No permanent structures shall be placed within public utilin~ easements unless an
encroachment permit has been obtained from the City of Bozeman.
D. Easements for agricultural Water User Facilities.
L Except as noted in subsection 2 below, the developer shall establish appropriate
irrigation facility easements that:
a. are in locations of appropriate topographic characteristics and sufficient width
to allow the ph~~sical placement and unobstructed maintenance of active open
ditches or below ground pipelines. "I'he easement shall facilitate the delivei~~ of
water for irrigation to persons and lands legally entitled to the water under an
appropriated water right or permit of an irrigation district or other private or
public entit}~ formed to provide for the use of the water right;
(1) "I"he easements shall ensure the conveyance of irrigation water through
the land to be developed to lands adjacent to or beyond the
development's boundaries in quantities and in a manner that are
consistent with historic and legal rights; and
(2) a minimum easement width of 10 feet is required on each side of
irrigation canals and ditches.
b. are a sufficient distance from the centerline of the v-rigation facilitt~ to allow for
construction, repair, maintenance and inspection of the ditch or pipeline; and
c. Prohibit the placement of structures or the planting of vegetation other than
grass within the irrigation facilit~~ easement without the written permission of the
facility- owner.
2. The developer need not establish irrigation facility easements as provided above if the
following provisions were met or will be met via the subdivision process:
Ordinance # 1761: Effective August 8, 2009 page 42-5
a. "I'he average lot size is one acre or less and the subdivider provides for disclosure,
in a manner acceptable to the CitS~ Commission, that adequately notifies potential
buyers of lots that are classified as irrigated land and ma}' continue to be assessed
for irrigation water delivery even though the water may not be deliverable; or
b. The water rights are removed or the process has been initiated to remove the
water rights from the subdivided land. If the water rights have been or will be
removed from the land within the development it shall be denoted on the
preliminary plat. If removal of water rights is not complete upon filing of the
final plat, the subdivider shall provide written notification to prospective buyers
of the intent to remove the water right and shall document that intent, when
applicable, in agreements and legal documents for related sales transactions.
3 The realignment or relocation of active irrigation ditches or pipelines is discouraged. If
an irrigation facility or povlts of diversions thereon is proposed to be realigned or
relocated, the developer's professional engineer shall certify, prior to final plat or final
plan appro~-al, that the water entering and exiting the realigned or relocated irrigation
facility is the same. quality and amount of water that entered or exited the facility prior to
realignment or relocation.
4. Stormwater from a development shall not be discharged to an irrigation facility.
5. ~s land is converted from agricultural to urban uses, and irrigation ditches are no longer
in use, the ditches shall be abandoned and filled.
E. Other Easements. Public access easements for streets and trails shall be provided in accordance
with the provisions of Chapters 18.44 and 1850, BMC.
18.42.070 MUNICIPAL WATER, SANITARY SEWER AND STORM SEWER SYSTEMS
,1. General. ~ll muncipal water supple, sanitary sewer and storm sewer system facilities shall
comply with the following requirements:
1. The developer shall install complete municipal water and sanitary sewer system facilities,
or a system allowed b}~ j 1838.030.D, BMC, and may be required by the Cite to install
municipal storm sewer system facilities. These systems shall be installed i17 accordance
with the requirements of State Department of Environmental Qualit>° and the Cit)~ of
Bozeman, and shall conform with any applicable facilities plan. "1"he CirS~ of 13ozeman's
requirements are contained in the Design Standards and Specifications Policy and the
Cite of Bozeman l~lodifications to l~lontana Public Works Standard Specifications, and
by this reference these standards are incorporated into and made a part of these
regulations. The developer shall submit plans and specifications for the proposed
facilities to the City, and to the State Department of Environmental Quality, and shall
obtain their approvals prior to commencing construction of am- municipal water,
sanitar<~ sewer or storm sewer system facilities.
2. The cutting of any City street shall be done in compliance with the Citt~'s street cut
policy.
3. When a proposed development adjoins undeveloped land, and municipal infrastructure
mains would reasonably pass through the new development to the undeveloped land,
municipal infrastructure mains shall be arranged to allow the suitable development of the
adjoining undeveloped land. 1~luiucipal infrastructure mains within the proposed
development shall be constructed to the boundary lines of the tract to be developed,
unless prevented by topography or other physical conditions, in which case a subdivision •
variance must be approved by the Cir\~ Commission.
Ordinance # 1761: Effective august 8, 2009
page 42-6
B. Municipal Water Su~pl~~ S~~stcm - ~~dditional Requirements. Muiucipal water supply system
facilities shall also apply with the following requirements:
1. When the City's municipal water main is extended, the length of a dead end water main
typically shall not exceed 500 feet in length, unless approved in writing b}~ the City
Engineer and the Water and Sewer Superintendent.
2. "I'he length of sernicc lines fiom the main to the structure may not exceed 150 feet in
length, unless approved iii writing by the City Engiticer and Water and Sewer
superiiitcndent.
18.42.080 GRADING AND DRAINAGE
~. "The developer shall install complete drainage facilities in accordance with the requirements of
the State Department of Environmental Quality and the City of Bozeman, and shall conform to
any applicable facilities plan and the terms of any approved site specific storm~~~ater control plan.
`1"he City of Bowman's requirements are contained in the Design Standards and Specifications
Policy and the Cit}~ of Bowman 1~lodifications to Montana Public Works Standard
Specifications, and by this reference these standards are incorporated into and made a part of
these regulations. The developer shall submit plans and specifications to the Cit<~ of Bozeman
and to the State Department of Environmental Qualit}~ (if applicable), and shall obtain their
approvals prior to commencing construction of any drainage system facilities.
B. Provisions shall be made for the control and drainage of surface water around buildings.
Generally, all lots and street boulevard areas shall be graded no lower than the back of curb or
level of street, whichever is applicable, prior to final plat or final occupancy approval as
appropriate. 1~aceptions may be granted b}~ the City Engineer when adequate drainage facilities
are provided. !ill drainage plans shall comply with the requirements of the International Building
Code and International Residential Code as adopted by the City, and b}~ this reference these
standards are incorporated into and made a part of these regulations.
C. Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user
facility.
D. stormwater retention or detention ponds may be located within public park land, but such areas
shall not count towards the park land dedication requirement. r~ny stormwater ponds located
on park land shall be designed, constructed and/or added to so as to be conducive to the normal
use and maintenance of the park. stormwater ponds searing multiple lots in separate ownership
shall not be located on private lots or public right of way. stormwater retention or detention
ponds shall be maintained by the property owners association.
E. `I'he Cit}' may require the developer to establish easements or other perpetual controls to prevent
encroachment or disruption of drainagewa}'s or facilities.
F. stormwater facilities shall generally not occupy more than one-third of a required front yard.
G. X11 finish grades in landscaped areas shall comply with the provisions set forth in ~\18.48.050.L,
BI~iC.
1-I. stormwater retention/detention facilities in landscaped areas shall be designed as landscape
amenities. They shall be an organic feature with a natural, cua~ilinear shape. 1'he facilities shall
have 75 percent of surface area covered with live vegetation appropriate for the depth and
design of the retention/detention facility, and be lined with native grasses, indigenous plants, wet
root tolerant plant t}'pes and groupings of boulders to create a functional yet, natural site feature.
r~ cross section and landscape detail of each facility shall be submitted with the final landscape
• plan for review and approval. Facilities with a slope up to and including 10% grade may be
grassed and irrigated to blend into the adjacent landscaped area.
Ordinance # 1761: Effective august 8, 2009 page 42-7
18.42.090 FIRE PROTECTION REQUIREMENTS
all developments shall be planned, designed, constructed and maintained so as to minimize risk of fire
and to permit the effective and efficient suppression of fires iii order to protect persons and property.
~. Z"he placement of structures shall mitumize the potential for flame spread and permit adequate
access for fire fighting equipment; and
B. adequate fire fighting facilities shall be provided, including an adequate and accessible water
suppl}~ and water distribution sti~stem.
1. National Dire Protection association (NFPa) standards for h}-dram s~~stcros shall be
met.
2. Cit}~ of Bowman's requirements as contained in the Design Standards and Specifications
Polic}' and the City of Bozeman Modifications to 1\Iontana Public Works Standard
Specifications shall apply.
18.42.100 WATERCOURSE SETBACK
Where a development is crossed by or is adjacent to a watercourse, the developer shall nutigate the
impacts of the development on the watercourse. 'This mitigation may not be less restrictive than the
requirements of the Bozeman hloodplain Regulations or an}~ other applicable regulation of this title.
The purpose of this mitigation is bank stabilization; sediment, nutrient and pollution removal; and flood
control.
.~. Setback for llevelonments Granted Preliminare Plan or Plat annroval Prior to lulu 10. 2002
'T'hese provisions shall apply to all developments granted preliminary plan or plat approval prior
to July 10, 2002, including applicable subdivision exemptions:
1. Setbacks. a minimum 100-foot setback shall be provided along both sides of the East
Gallatin River. a minimum 35 foot setback shall be provided along both sides of all
other watercourses.
a. a portion of the required setback, iinmediatele adjacent to the ordinary high
water mark, shall be left i11 a natural vegetative state as follows:
(1) East Gallatin River - 50 feet
(2) Other Watercourses - 5 feet
b. No fence, residential or commercial structure, fill material, parking or other
similar improvements shall be located within required watercourse setbacks.
c. all watercourse setbacks shall be measured from the ordinary high water mark as
defined in 518.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
B. Setbacks for Developments Granted Preliminary Plan or Plat approval On or after July 10,
2002. 'These provisions shall appl}~ to all developments granted preliminar}- plat or plan approval
on or after July 10, 2002.
1. In the event a site with an existing development, that is subject to ~18.42.100.a, BI\~IC, is
submitted to the Cit}- for a review subject to Chapters 18.34, 18.36 and 18.60, B1~IC after
July 10, 2002, the proposed development shall comply with ~18.42.100.B, BI\IC to the
extent reasonably feasible given the existing site conditions. The final approval bode for
the proposed development shall determine the extent that is reasonabl}' feasible, subject
to any appeal provisions that may apply. Such administrative relief shall not reduce
setbacks below those provided for in Section a. It is the intent of this subsection that
full compliance with the terms of ~18.42.100.B, BMC shall be achieved over time
without unduly burdening existing de~relopment.
Ordinance # 1761: Effective august 8, 2009
page 42-8
2. In addition to any relaxation of watercourse setbacks provided by subsection
18.42.100.8.1 of this section, nothing in this section shall prohibit an owner of affected
• property from:
a. applying for a variance to dimensional standards of the watercourse setbacks as
allowed b}' and subject to the requirements of Chapter 18.66, 81\10;
b. When applicable, seeking a deviation to dimensional standards of the
watercourse setback as allowed b}~ and subject to the requirements of Chapters
18.28, 18.30 or 18.36, BMC;
c. Combil~lg two or more lots to assemble a larger and more usable parcel;
d. Petitioning the Montana Department of Kish, Wildlife and Parks and the Gallatin
Count}' Water Conservation District to seek the reclassification of the relevant
watercourse as an irrigation facility not subject to the requirements of this
section;
e. After receipt of required permits relocating the watercourse; or
f. Pursuing any other lawful means of relief from the effects of this section.
3. Setbacks. Unless otherwise specified in jv18.42.100.B.5, BMC, the following setback
requirements shall be met:
a. East Gallatin River. ~~~ minimum 100-foot setback shall be provided along both
sides of the Fast Gallatin River.
b. Sourdough/Bozeman Creek and Bridger Creek. ,1 minimum 75-foot setback
shall be provided along both sides of Sourdough/Bozeman and Bridger Creeks.
c. Other Watercourses. ~ minimum 50 foot setback shall be provided along both
sides of all other watercourses.
d. X11 required watercourse setbacks shall be extended as necessary to address these
additional requirements.
(1). The setback shall extend to the edge of any delineated 100-year
floodplain if the floodplain is larger than the setbacks established iii
~~18.42.100.B.3, BMC;
(2). The setback shall include immediately adjacent wetlands (i.e. fringe). The
buffer width shall be extended by the width of the wetland;
(3). areas with a slope greater than 33% do not count towards the width of
the setback; and
(4) 1'he setback shall include connected wetlands. '~I11e buffer width shall be
extended by a minimum of 50 feet be}Tond the perimeter of the
connected wetlands.
e. .=~11 watercourse setbacks shall be measured from the ordinary high water mark as
defined in X18.80.2160, BMC. When no ordinary high water mark is discernible,
setbacks shall be measured from the top of the streambank.
4. No newly constructed residential or commercial structure, addition to an existing
structure, fence, deck, fill material (other than that required for exempt uses), parking lot
or other impernious surfaces, or other similar improvements shall be located within
required watercourse setbacks, unless approved through, and in conformance with, a
• variance or deviation process as authorized in this title.
Ordinance # 1761: Effective l~ugust 8, 2009 page 42-9
5. 1~xceptions. The watercourse setback is di~rided into two zones. 'Lone 1 consists of the
60 percent of the setback closest to the watercourse, and Zone 2 consists of the 40
percent of the setback furthest from the watercourse.
a. On-site stormwater treatment facilities may be located in 'Lone 2.
b. Trails and trail-related improvements ma~~ be placed within the required
watercourse setback subject to the following provisions:
(1) 'T'rails, and trail-related improvements such as benches and trail signage,
ma}' be placed in Zone 2;
(2) Limited, non-looping developed spur trails to the water's edge may cross
all zones. Benches and limited informational~iiiterpretive signage ma>> be
placed ui `Lone 1 at the terminus of spur trails;
(3) Due to topography, avoidance of wetlands, or other geographical
constraints portions of non-spur trails ma}~ need to be placed within
7.one 1. Trail construction within Zone 1, inclusive of watercourse
crossings and spur trails, per each side of the watercourse ma}' not exceed
the length of 300 percent of the width of the applicable watercourse
setback per 500 lineal feet of watercourse;
(4) ~~ll trails must be constructed to muiimize bank instabiht}~, sedimentation,
nutrient and pollution runoff. `T'rails shall be aligned to minimize damage
to plant and wildlife habitat; and
(5) "Trails crossing the watercourse and trail-related bridge structures ma~~ be
located within all zones provided that the appropriate local, state and
federal permits are obtained.
c. Streets, sidewalks, utilit}~ lines or similar public construction ma}' be perrnitted
within all zones for the purpose of crossing a watercourse or protecting public
health and safet}~. 'The following practices shall be observed:
(1) (:rossings shall be minimized to the greatest extent feasible;
(2) Crossings with direct angles (90 degrees) shall be used to the greatest
extent feasible instead of oblique crossing angles;
(3) Construction shall be capable of withstanding 100-year flood events;
(4) 'The subdivision grading and drainage plan shall be designed to prevent
the. discharge of untreated stormwater into a watercourse; and
(5) .~ bank stabilization plan for all public construction watercourse
crossings shall be prepared and appro~red by the City prior to site
preparation and installation of the unprovement(s).
d. Outlets from stormwater treatment facilities may pass through all zones in order
to discharge to the receiving watercourse, provided that all required permits are
obtained.
e. Control of noxious weeds is required and activities required within limits
outlined i1i any approved noxious weed control plan may occur in all zones.
6. Setback Planting. .~ setback planting plan shall be prepared by a qualified landscape
professional, and shall be reviewed and approved b}~ the Planning Department prior to
the commencement of development or site preparation. The plan shall include a
schedule, and plantings shall be depicted on the plan as follows:
a. Zone 1: 'Z,one 1 shall be planted with new or existing native materials suited for a
riparian area based on the following calculations. One hundred percent of the
disturbed areas of Zone 1 shall be planted with a ground cover of native riparian
sedges, forbs and grasses suited for the area. In addition, a minimum of one
Ordinance # 1761: Effective august 8, 2009 page 42-10
shrub for every 10 linear feet and one tree for evei~~ 30 linear feet of the
watercourse shall be required along each side of the watercourse. Grouping or
clumpvig of trees and shrubs as appropriate in a riparian area is encouraged.
Species that arc appropriate to the soil hydrologic conditions (wetness of soil and
depth to the water table) should be used. `T'ree and shrub species selected shall be
suitable for the climate and for planting in a riparian area with an emphasis on
native species. "1"he Natiual Kesourees Conservation Service (MRCS), the
Montana Nature Plant Societ5° and the Gallatin Local Water Qualit}- Disti7ct
(I,WQD) are good sources of landscaping materials and~or landscaping
information.
b. lone 2: llisturbed areas of lone 2 shall be planted with new or existing native
grasses suited for the area
c. I~laintenance of the watercourse setback landscaping is required. If it can be
demonstrated that irrigation is present for the trees and shrubs, and fencing is
provided for the trees and shrubs, the number of required trees may be reduced
to one tree for every 60 linear feet and one shrub for every 20 linear feet of the
watercourse along each side of the watercourse.
d. Planting materials are exempt from the size requirements of ~18.48.050.G.3 c~~f
this title.
e. 'I'o prevent soil erosion and the invasion of noxious weeds, the watercourse
setbacks on all land proposed for development shall be covered with existing
vegetation or shall be seeded with native grasses as soon as seasonall}' feasible or
prior to commencement of an}' site development or site preparation work.
£ Native shall mean those plants which are native to the Gallatin Vallee.
g. Use native grasses, forbs, sedges and other herbaceous plants in areas of
disturbance (e.g. bridges, culverts, utilities installation, trails) widen the
watercourse setback. Native woody plantings are required in all zones in
disturbed and undisturbed areas.
7. Except for as otherwise allowed in j18.42.100.B.5 and 6, BI\IC, no disturbance of soils
and existing ~~egetation shall occur in all zones.
C. Other Provisions.
1. The watercourse setback shall be depicted on all preliminary and final plats and plans.
2. These pro~-isions do not apply to agricultural uses, including lands enrolled in the
conservation reser-~~e program (CRP), activities, and structures that existed prior to the
effective date of these regulations. any agricultural uses, activities or structures
established after the effective date of these regulations shall comply with these
regulations. ,1n agricultural use, activit5r or structure shall be considered abandoned if
not used for agricultural purposes for more than 180 consecutive days.
18.42.110 RIDGELINES AND VIEWSHEDS
For the purpose of having structures blend more naturally into the landscape rather than being a
prominent focal point, ridgeline protection areas are established. These areas are defined in Chapter
18.80 and are identified and designated based on topographic characteristics. The Bozeman Ridgeline
Map identifies areas with a high likelihood of meeting the standards for ridgelines.
.~. ~ll buildings located within a ridgeline protection area shall be set back from the ridgeline a
distance not less than 3 times its height aboee grade. The distance of the setback shall be
measured perpendicular from the ridgeline.
Ordinance # 1761: Effective l~ugust 8, 2009 page 42-11
exception. In the event a building permit is sought for a lot approved or created prior
to the effective date of this ordinance, Januai~% 1, 2004, the proposed development shall
comply with this section to the extent reasonably feasible given the lot dimensions,
orientation, and other characteristics. The final approval body for the proposed
development shall determine the extent that is reasonably feasible and may relax the
special setback required by this section, subject to applicable appeal provisions. Such
administrative relief shall not reduce setbacks below those required elsewhere v~ this title.
18.42.120 MAIL DELIVERY
If mail deliveiv will not be to each indi~=idual lot witl>ui the development, the developer shall provide an
off-street area for mail delivery within the development in cooperation with the t'nited States Posta]
Sei-~~ice. It shall not be the responsibility of the Cit)% to maintain or plow an~° mail delivery area
constructed within a City right-of-way.
18.42.130 FENCES, WALLS AND HEDGES
1~. Location and Height. Except as provided in ~~18.44.100, B1~7C, fences, walls and hedges, ii7 any
district may be located on lot lines provided such fences, walls and hedges comply with the
following height requirements:
1. Do not exceed 6 feet in height in anti required rear or required side yard. Fences
exceeding G feet iii height shall be subject to the minimum yard requirements of the
district in which such fences are. located. Decorative post caps may exceed the height
limit by no more than 1 additional foot. Fences in excess of 6 feet in height reduire a
building permit before installation ma~~ commence. Fences mae not exceed 8 feet in
height.
2. Do not exceed 4 feet in height ii7 any required front yard or any portion of a required
corner side yard that is forward of the rear edge of the building facade nearest the corner
side yard.
3. Fences used in an agricultural pursuit to retain stock animals or for public safety- shall be
excepted.
4. The height of fences located in the B-3 district shall meet the requirements of this
section for any provided, not required, yards.
13. Relation to Linear Parks. Fences located in the rear or side yard setback of properties adjoining
an}% Bozeman linear park shall have a maximum height of 4 feet.
C. Construction and Maintenance. Every fence or wall shall be constructed in a substantial,
workman-like manner and of substantial material reasonably suited for the purpose for which
the fence or wall is proposed to be used. Every fence or wall shall be maintained in a condition
of reasonable repair and shall not be allowed to become and remain in a condition of disrepair,
damage or unsightliness, or constitute a nuisance, public or private. ~1ny such fence or wall
which is, or has become, dangerous to the public safety, health or welfare, or has become
unsightly through improper maintenance or neglect is a public nuisance and the Building Official
shall commence proper proceedings for the abatement thereof.
D. Barbed Wire and Electric Fences.
1. No barbed wire or similar sharp fencing or electric fences shall be permitted, except in
R-S districts; except that barbed wire or other similar sharp fencing materials may be
used on the top of security fences in M-1 and M-2 districts.
•
Ordinance # 1761: Effective august 8, 2009
page 42-12
2. When electrically charged fences are used in an R-S district, such fences shall be posted
with warning signs at intei~~als not to exceed 150 feet where such fences are adjacent to
• public rights-of-wa}~.
~. ~~Ieasuring Fence and Wall Height. In case of a fence erected on top of a retaining wall, the
height shall be measured from the grade of the high side of the wall.
I~. "Finished" Side Out. ran}~ fence or wall constructed so as to have only one elevation "finished,"
which shall be defined as not having its supporting members significantly visible, shall be erected
such that the finished elevation of the fence is exposed to the adjacent properh~.
CU. Fencing of Utilities and Outdoor Storage treas.
1. .ill utility substations, wells, storage facilities or other utilities shall be screened from
view by a wall, fence, hedge or landscape screen.
2. ~ll storage for commercial operations shall be conducted within a completed enclosed
building or within an area completely enclosed, except for access points, by a wall, fence,
hedge or landscape screen at least 6 feet ii1 height.
18.42.140 OFF-STREET LOADING BERTH REQUIREMENTS
:~. :effected t`ses. Every hotel motel with restaurant, conference center, restaurant, department
store, freight terminal or railroad yard, hospital or sanitarium, industrial plant, manufacturing
establishment, retail establishment, storage warehouse or wholesale establishment, and all other
structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor
area of 15,000 square feet or more shall provide off-street uuckloading or unloading berths in
accordance with the following table:
1. l~~ny office building 100,000 square feet or larger shall have at least one off-street loading
berth.
Table 42-1
Square Feet of aggregate Gross Floor area Devoted to Such Use
15,000 square feet up to and including 40,000 square feet 1
40,001 square feet up to and including 100,000 square feet 2
1'or each additional 100,000 square feet 1 additional
B
•
Standards for Off-Street Loading Facilities. ~~ll off-street loading facilities shall conform to the
following standards:
1. The first loading berth shall be at least 70 feet in length..~dditional berths required shall
be at least 45 feet in length unless certi5ed by the propert}- owner in writing that
additional loading activity will take place exclusively with small delivei~~ vans in which
case the berth(s) shall be at least 25 feet in length. ~ll loading berths shall be at least 12
feet in width and 14 feet in height, exclusive of aisle and maneuvering space.
2. Such space may occupy all or any part of any required yard space, except front and
exterior side yards, and shall not be located closer than 50 feet to any lot in any
residential zone unless separated from such zone, except at the accesses, by screei~ig
not less than 8 feet iii height.
3. Sufficient room for turning and maneuvering vehicles shall be provided on the site so
that vehicles shall cross a property line only by driving foitivard.
Ordinance # 1761: Tffective august 8, 2009
page 42-13
4. L?ach loading berth shall be accessible fiom a street or alley or from an aisle or dri~~e
connecting with a street or alley, without traversing a residential district.
5. '1"he loading area, aisles and access drives shall be paved so as to provide a durable,
dustless surface and shall be so graded and drained so as to dispose of surface water
without damage to private or public properties, streets or alle}'s.
6. Bumper rails shall be provided at locations where needed for safety or to protect
propertt~.
7. No regular repair work or senTicing of vehicles shall be conducted in a loading area.
8. Off-street loading facilities shall be located on the same site with the use for which the
berths are required.
9. If more than one use is located on a site, the number of loading berths provided shall be
equal to the sum of the requirements prescribed ii this title for each use. If more than
one use is located on a site, and the gross floor area of each use is less than the mininum
for which loading berths are required, but the aggregate gross floor area is greater than
the nuninum for which loading berths are required, off-street loading berths shall be
provided as if the aggregate gross floor area were used for the use requiriig the greatest
number of loading berths.
10. Off-street loading facilities for a single use shall not be considered as providing required
off-street loading facilities for any other use.
11. ~t the time of initial occupancy, major alterations or enlargement of a site, or of
completion of construction of a structure or of a major alteration or enlargement of a
structure, there shall be provided off-street loading berth requirements subject to the
provisions of Chapter 18.74, B~1C. The number of loading berths provided for a major
alteration or enlargement of a site or structure shall be in addition to the number existing
prior to the alteration or enlargement.
12. Space allocated to an~~ off-street loading berth shall not be used to satisfy the space
requirements for any off-street parking facilit}~.
18.42.150 LIGHTING
tel. Pur ose.
1. Provide lighting in outdoor public places where public health, safet}' and welfare are
potential concerns;
2. Protect drivers, bicyclists and pedestrians from the glare of non-vehicular light sources
that shine into their eves and thereby impair safe travel;
3. Protect neighbors and the night sky from nuisance glare and stray light from poorly
aimed, placed, applied, maiitained or shielded light sources;
4. Protect and maintain the character of Bozeman;
5. Prevent excessive lighting and conserve energy; and
C. Provide adequate lighting for safe pedestrian and bicycle travel.
B. General.
1. With the exception of street lighting, lighting is not required. If installed, all lighting
shall comply with the requirements of jA18.42.150, Bl~IC.
2. Unless otheitivise approved through a planned unit development, this ordinance shall
apply to all lighting for subdivisions, land uses, developments and buildings. In addition,
any site modification that requires a certificate of appropriateness, site plan review or
Ordinance # 1761: Effective 1~ugust 8, 200)
page 42-14
reuse application will necessitate compliance for all existing and proposed lighting on the
site.
3. The provisions of this section are not intended to prevent the use of any design, material
or method of installation or operation not specificall}' prescribed herein, provided any
such alternate has been approved by the Planning Director. The Planning Director may
approve any such proposed alternate provided he/she finds that it:
a. The lighting pro~~ides at least approximate equivalence to the applicable specific
requirements of this section; and
b. The lighting is otheilvise satisfactory and complies with the intent of this section.
C. Street Lighting. Street lighting consists of street lighting and pathway intersection lighting, and
shall comply with the following requirements:
1. General.
a. !ill street lighting shall be operated and maintained through the creation of a new
SII.D, through the annexation to an existing SILD or through some other
equivalent means approved by the Cite of Bozeman. The application to create or
annex to an existing SILD shall be submitted to the City within 2 months of
prelinunary approval of the development. The approval to create or annex to an
SILD shall be granted prior to final plat for a subdivision or Occupancy if a final
plat is not required.
b. Street lighting shall be installed per 18.74.0 ~O.B, BMC.
c. Individual yard lights on private property shall not be used for street lighting.
2. Street Lights at Intersections.
• a. Illumination Reduirements.
(1) Single Installation. The illumination requirement for an intersection
street light, where only one light is required, shall be determined from
't'able 42-2 based on the functional classification of the sheer upon which
the light is located.
(2) Multiple Installation. I~~or all intersections where more than one street
light is required, all lights shall be within the same range for measured
lumens. The illumination requirement shall be determined fiom Table
42-2 for the functional classification of the leg of the intersection with
the highest requirement.
b. Non-Signalized Intersections. ~ street light shall be installed at each non-
signalized street intersection with the exceptions contained in subsections (1) and
(2) below.
(1) ~~t intersections where the width of one or more of the approaches is
greater than or equal to 50 feet, as measured to the back of curb or edge
of pavement, then two street lights shall be installed on diagonally
opposite corners.
(2) ~t the intersection of ttvo local streets a street light ma}~ be omitted if its
installation would violate the spacing criteria contained in "Table 42-2.
c. Sil; ialized Intersections. .fit signalized intersections where all approaches are
narrower than 50 feet, as measured to the back of curb or edge of pavement, two
street lights shall be installed on the diagonally opposite corners. ~t signalized
• intersections where the width of one or more of the approaches is greater than
or equal to 50 feet, four street lights shall be installed, one on each corner.
Ordinance # 1761: Effective ~~ugust 8, 2009 page 42-15
3. Spacing of Street Lights. In addition to intersection locations, street lights shall be
spaced along streets in accordance with "fable 42-2.
Table 42-2
Functional Classification Through
Lanes Pedestrian
Conflict Maintained Lumens
Minimum Maintained Avera a Values
S acin
Arterial 4/2 Hi h 33000-22500 225/225
4/2 Low 22500-13500 300/2?~
Collector 4/2 Hi h 22500-13500 250/225
4/2 Low 22500-8000 300/275
Local 2 I,ow 9500-8000 N /~~~
Arterial -Commercial
Center
4/2
Hi h
33000-22500
200/175
Collector -Commercial
Center
4/2
High
22500-13500
225/1?5
Local -Commercial
Center
2
Hi h
9500-8000
li0
'.S~treel Izgb1.~ are orllp regztired a1 i~aterrecfio~rr az Ioc~aLrtreeLr.
4. Street Light Location and Placement of Equipment. In addition to spacing
requirements, the following layout criteria shall be used:
•
a. When a street light location falls near an unlit intersection, the light shall be
located at the intersection;
b. Street lights shall be located at properrt~ lines to the greatest eatcnt possible, but
not iii conflict with other utilit}' scrnice providers;
c. Pole spacilig along a street ma~~ vat}~ from the criteria of 'fable 42-2 by up to 15
percent. For the uniformit~~ of appearance, the variance iii spacing between
adjacent spans should not be more than 15 percent;
d. ~ll proposed streets within the proposed subdivision, having a cut-~re of 300 feet
or longer in length, shall have a street light in the middle of the horizontal cut~-e
or as required b}~ the City Engineer;
e. ~~ street light shall be placed at the terminal ends of center median islands having
trees and/or other firmed objects not having a breakaway design for speeds of 25
miles per hour or greater;
£ Wiring for street lights shall be underground;
g. additional street lights may be required by the City Commission when potential
traffic hazards are identified during plan review; and
h. hot streets that are wider than 70 feet (from back of curb) the required street
lights shall alternate on either side of the street.
5. Street Light Support Structures. The ballasts; pole t}'pe, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
the manufacturer's recommendations. Mounting heights shall he measured from grade
and shall comply with the requirements of Table 42-3.
Table 42-3
Maintained Lumens (Minimum Maintained Average
Values
Mountin Hei ht
9500-8000 25 feet
22500-9500 35 feet
•
Ordinance # 1761: Effective 1-august 8, 2009 page 42-16
33000-22500 38 feet
6. Pad~wa~r Intersection L i rhl, ting. Pathwa~~ lights shall be installed at all intersections of
pathways and streets, located ~i-ithin the proposed development or along eaistiiig streets
or roads abutting the development, if said intersection is located in areas other than
lighted intersections. ~~ll pathway lights shall comply with Cin~ of Bozeman
specifications.
Table 42-4
Average Horizontal Illuminance at Pathway in
Maintained Footcandles
Mixed vehicle and edestrian 2.0
Pedestrian onl 1.0
.Source: Roud~a~a~~ L.aghtirr~ (KP-~-OU), I/lunrinalir~~ Fngirreerrrr~ Sociel~~ of~~'orJbArrrericarr, 2000.
ll. Site Lighting.
Parking Lot Lighting.
Table 42-5
Basic' Securi ,2
Minimum Horizontal Illuminance in Maintained Footcandles 0? 0.5
Minimum Vertical Illuminance in Maintained Footcandles 0.1 0?5
Uniformi Ratio, Maximum :Minimum 20:01 15:00
Source: Par;~in~ 1~! I1gbliug, I/h~nrrrraliu~ Errgineerirz~ Soeiel}~ of No~Nb /3rneri~aa, 1998.
`Basic /ightin~ prouides for the safe~~ of cr.~rlnvner:~ acrd en~plo}~ee~ dzrring bzr.riner_r bourn, anr! far the ~c~u~rl~~ of ar-~i1c, out.~7~le .rtor~~e aJ
~oodsand/orma7erzalr.
'Securi~j~ li~blin~ provider for the sa_/e~~ o_f ena~lo~~ee.r durr~a~ ~ror~Gu.ri~re.rs boors, and for 1be securi~j~ oj~on-.rile, ou~~ide s1o~~r~e of ~aod~
acrd/ or malerzalr.
2. Building Entrances. Illuminance for building entrances (including commercial, industrial,
institutional and municipal) shall average 5.0 maintained footcandles.
3. Car Dealership Lighting.
Table 42-6
Area Maximum Illuminance on Pavement (in
Maintained Footcandles
Uniformi Ratio
Maximum :Minimum
Main Business Districts
Ad'acent to roadwa 10 - 20 5:01
Other rows 5 - 10 10:01
Entrances 5 - 10 5:01
Drivewa s 2 - 3 10:01
Seconda Business Districts
Ad'acent to roadwa 5 - 10 5:01
Other Rows 2.5 - 5 10:01
Entrances 2.5 - 5 5:01
Drivewa s 1 - 2 10:00
Sozrree: L.r~~btin,~ for Ezlerzor F_rrvirorr>nea/s, Illurruna>ing t:rrgineerzng Societ1~ of 1Vor7h Arrrerican, 1998.
• 4. Set-~~ice Station or Gas Pump l~rea Lighting.
Table 42-7
Area Descri tion Avera a Illuminance on Described Area in
Ordinance # 1761: Effective flugust 8, 2009 page 42-17
Maintained Footcandles)
A roach with dark surroundin s 15
Drivevva with dark surroundin s 1.a
Pum island area with dark surroundin s 5
Buildin facades with dark surroundin s 2
Service areas with dark surroundin s 2
Landsca a hi hli fits with dark surroundin s 1
A roach with li ht surroundin s 2
Drivewa with li ht surroundin s 2
Pum island area with li ht surroundin s 10
Buildin facades with li ht surroundin s 3
Service areas with li ht surroundin s 3
Landsca a hi hli fits u>ith li ht surroundin s 2
Jour~e: 1_igh/izt~ /or 1..xlerior taaviro~~mentr, Il/umincrli~tg I~~~lgiireeri~zg Society of i~'o~76 Anae~zcan, 198.
5. Site Lighting Support Structures. The ballasts; pole type, strength and anchor bolts; and
pole foundation shall be appropriate for the proposed lighting and shall be installed per
the manufacturer's recommendations. Height shall be measured from grade. Except as
allowed in Sections E and G, light poles for parking lot lighting shall not exceed 25 feet.
6. Site Fighting Installation and Maintenance.
a. For new installations, electrical feeds for fixtures mounted on poles shall be riui
underground, not overhead.
•
b. Poles supporting lighting fixtures for the illumination of parking areas and
located directly behind parking spaces, shall be placed a minimum of 5 feet
outside the paved area, or on concrete pedestals at least 30 inches high above the
pavement, or stutably protected by other approved means.
c. I_.ighting fixtures and ancillary equipment shall be maintained so as always to
meet the requirements of this ordinance.
7. 1\liscellaneous Site Lighting Specifications. Except as otherwise allowed ii1 Sections 1
and G, all lighting shall comply with the following requirements:
a. 111 outdoor lighting, whether or not required by this ordinance, shall be aimed,
located, designed, fitted and maintained so as not to present a hazard to drivers
or pedestrians by impairing their ability- to safely traverse and so as not to create a
nuisance by projecting or reflecting objectionable light onto a neighboring use or
property..
b. .ill outdoor lighting fixtures shall be shielded in such a manner that no light is
emitted above a horizontal plane passing through the lowest point of the light
emitting element, so that direct light emitted above the horizontal plane is
eliminated.
c. Except for residential lights, street lighting, pathway intersection lighting and
security lighting, all lighting shall be turned off between 11:00 p.m. and 6:00 a.m.
Exceptions shall be granted to those businesses which operate during these
hours; such fighting may' remain illuminated only while the establishment is
actually open for business.
d. Vegetation screens shall not be employed to serve as the primary means for
controlling glare. Rather, glare control shall be achieved primar7ly through the
use of such means as cutoff fixtures, shields and baffles, and appropriate
Ordinance # 1761: Effective august 8, 2009 page 42-18
application of fixture mounting height, wattage, awning angle and fLxture
placement.
e. ~ll outdoor lighting shall be designed and located such that the maximum
illumination measured in footcandles at the propert}~ line shall not exceed 0.3
onto adjacent residential properties and 1.0 onto adjacent commercial properties
and public rights-of-wa~~.
f. Externally illuminated wall-mounted and pole signs shall be lighted by fixtures
mounted at the top of the sign and aimed downward; ground-mounted sign
lighting ma}' onl}' be used for monument style signs. Fixtures used to illuminate
signs shall be aimed so as not to project their output beyond the sign.
g. Floodlights, spotlights or an}~ other similar lighting shall not be used to illuminate
buildings or -other site features unless appro~red as an integral architectural
element on the development plan. On-site lighting may be used to accent
architectural elements but not to illuminate entire portions of buildings. Where
accent lighting is used, the maximum illumination on any vertical surface or
angular roof surface shall not exceed 5.0 average maintained footcandles.
I3uilditlg facade and accent lighting shall not be approved unless the light fixtures
are carefully selected, located, aimed and shielded so that fight is directed only
onto the building facade and spillover light is eliminated.
(1) Directional fixtures used to illuminate flagpoles (State, lituted States
and/or foreign nations) may project their output beyond the flagpole.
b. Lights that flash, move, revolve, rotate, scintillate, blink, flicker, vai-~' in intensitti~
or color, or use intermittent electrical pulsation are prohibited.
i. 'Translucent awnings and canopies used for building accents over doors,
windows, etc., shall not be internall}' lit (i.e., from underneath or behind).
j. Search lights, laser source lights or any similar high-intensit)~ light shall not be
permitted, except in emergencies by police and fire personnel or at their
direction, for meteorological data gathering purposes, or for special events if a
permit is obtained from die Planning Director.
E. Sports and athletic Field Lighting. Lighting for sports and athletic fields may need to exceed
illumination standards for general recreational needs in order to meet higher standards required
for play. The CitS~ Commission may approve relaxations of these lighting standards provided
that the following minimum standards are met:
1. Fixtures shall be at least 70 feet in mounted height measured from grade.
2. If floodlights are used, they shall not be aimed above 62 degrees and should use internal
louvers and external shields to help minimize light pollution.
3. Fixtures shall be designed and aimed so that their beams fall within the primary playing
area and the immediate surroundings, so that off-site direct illumination is significantly
restricted (spillover levels at the property line shall not exceed 0.3 footcandles).
4. Lighting shall be extinguished no later than 1 hour after the event ends.
F. Lighting Specifications for ~ll Lighting. Light fixtures and standards shall be compatible with
the surrounding area, the subdivision or site design, and the development's character and/or
architecture.
1. Luminaires (L.ight Fixtures,. Except as otherwise allowed in Sections E and G, all
luminaires shall comply with the following requirements:
Ordinance # 1761: Effective ~-august S, 2009 page 42-19
a. In all light fixtures, the light source and associated lenses shall not protrude
below the edge of the light fixture, and shall not be visible from adjacent streets
or properties.
b. Fixtures shall be of a type and design appropriate to the lighting application.
c. For lighting horizontal areas such as roadways, sidewalks, entrances and parking
areas, fixtures shall meet IESNA "full-cutoff ' criteria (no light output emitted
above 90 degrees at any lateral angle around the fixture).
d. As needed, fixtures shall be equipped with or be modified to incorporate light
directing and~or shielding devices such as shields, ~~isors, skirts, internal louvers
or hoods to redirect offending light distribution and/or reduce direct or indirect
glare.
e. "I"he installation of any mercui-~~ vapor light fixture or lamp for use as outdoor
lighting is prohibited, except that until November 21, 2006 (the fifth anni~~ersary
date of the effective day of this ordinance), this provision shall not apple to anv
replacement bulb.
G. I-Iistoric Lighting. The Cite Commission ma}~ relax lighting standards and requirements, with the
exception of illumination levels, for the provision of historic lighting in the neighborhood
conservation overlay district Historic lights shall be proposed as an integrated part of an overall
de~relopment plan. The historic preser-~~ation planner shall review and approve the proposed
lighting for historic appropriateness.
H. Post Installation Inspection. The CitS- of Bozeman reserves the right to conduct post-
installation nighttime inspections to ver~fj~ compliance with the requirements of this ordinance,
and if appropriate, to require remedial action at no expense to the Citti~.
I. Compliance Monitoring. If the CitS~ of Bozeman funds that a lighting installation creates a safet<~
or personal securitt~ hazard, the person(s) responsible for the lighting shall be notified in writing
and required to take remedial action within 30 days.
). Nuisance Glare and Inadequate Illumination Levels. When the Cit)~ of Bozeman finds that a
lighting installation produces unacceptable levels of nuisance glare, sk}ward light, excessive or
insufficient illumination levels, or otherwise varies from this ordinance, the CitS~ may notify the
person(s) responsible for the lighting and require appropriate remedial action within 30 days.
Ii. Nonconforming Lighting. With the exception of street lighting, security lighting fixtures or a
securit)~ lighting installation in use on Januai~~ 1, 2004, that does nor conform to this ordinance
and that is not otherwise required to be brought into compliance pursuant to this ordinance,
shall be required to be in compliance 5 years after the date of enactment of this ordinance. Any
other lighting fixture or lighting installation existing on the effective date of this ordinance that
does not conform to the requirements of this ordinance shall be considered as a legal
conformance.
18.42.160 OUTDOOR STORAGE
~~. All materials, supplies, merchandise or other similar matter not on display for direct sale, rental
or lease to the ultimate consumer or user shall be stored within the confines of a 100 percent
opaque wall or fence not less than 6 feet tall.
B. No storage of any t}'pe shall be permitted within any required yard, and shall be subject to ~
18.40.150, BMC.
C. All areas designated for vehicle and equipment storage shall be screened from view from the •
street and adjacent properties as per subsection A above. Vehicle and equipment storage areas
Ordinance # 1761: Effective August 8, 2009
page 42-20
shall not be subject to parking lot paving or landscape requirements, but shall be subject to
draviage detention requirements and appropriate dust control requirements.
• 18.42.170 TRASH AND GARBAGE ENCLOSURES
~1 permanent enclosure for temporai~~ storage of garbage, refuse and other waste materials shall be
provided for e~rer~~ use, other than single-household dwellings, duplexes, indi~-iduall~~ owned townhouse
or condon~lium units, iii every zoniizg district, except where a property is entiiel~° surrounded b}' screen
walls or buildings. 'T'rash enclosures shall be constructed so that contents are not visible from a height of
5 feet above grade from and- abutting street or propert}'. 'Trash enclosures shall comply- with die
following regulations:
:~~. Location. 'brash enclosures, surrounding standard steel bins (dumpsters), shall be located on the
site for anivenient pickup sei-~~ice, and the location shall be shown on required site plans. Trash
enclosures shall not be located in required front yards, and shall be situated so that containers
can be pulled straight out of the enclosure or so the sanitation truck can back straight into it.
The location of all trash enclosures shall be subject to re~ricw and approval by the City Sanitation
Department.
B. Construction. 'T'rash enclosures shall be constructed of solid or ornamental pierced masonr~-
walls or other appropriate materials, with a solid concrete floor sloped for drainage. and
maintenance of sanitai~~ conditions. Enclosures shall be arclutecturall~~ compatible with the
principle structure. Enclosures shall be of sufficient height to conceal contents, including
containers, but in no case shall be less than 4 feet in height above grade.
C. T:xc~tion. ~ garbage enclosure is not requited for dumpsters accessed via an alle~~.
•
r~
U
Ordinance # 1761: Effective August 8, 2009 page 42-21
•
•
•
CHAPTER 18.46
PARKING
•
18.46.010 GENERAL PROVISIONS
The purpose of these standards is to pro~~ide functional parking areas adequate to the needs of users,
create shaded areas within parking lots, reduce glare and heat build up, provide visual relief within paved
parking areas, emphasize circulation patterns and enhance the visual environment In achie~=ing these
purposes this chapter interacts with the requirements of Chapter 18.48, B1~IC The design of off-street
parking shall primaril}' be the responsibility of the developer and shall consider traffic circulation,
intended landscaping, pedestrian access and circulation, and other purposes of this title.
1~~. Floor Area.
1. 1'he term "floor area," for the purpose of calculating the number of off-street parking
spaces required, shall mean 85 percent of the gross floor area, as defined in Chapter
18.80, BI\1C. 1lowever, at the election of the propert~~ owner, floor area shall mean the
gross floor area, as defined iii Chapter 18.80, BI\ZC, minus the following:
a. Window displa}' areas;
b. Storage areas;
c. areas used for uicidental repair of equipment used or sold on the premises;
d. areas occupied by toilets and restrooms, kitchens or breakrooms;
e. areas occupied by public utility facilities;
f. areas occupied by dressing rooms, fitting or alteration rooms incidental to the
sale of clothing;
g. areas occupied by staiilvays and elevators; and
h. Corridors connecting rooms or suites of rooms.
Such election shall be made in writing to the Planning Director, shall be signed and
acknowledged by the owner, and shall be filed with the Planning Director prior to the
issuance of a building permit for such building. The owner shall also be responsible for
certifying other information upon which parking requirements may be based, such as
seats, and the number of employees on maximum working shift.
2. Where applicable, the number of spaces required in ~A18.46.040 of this chapter will be the
total of the spaces required for the component activities of certain uses, each calculated
separately.
I3. Change of Use or Occupancy of I3uildin~s. With any change of use or occupancy of any building
or buildings, including additions to buildings, that may require more parking, an occupancy
permit is required and shall not be issued until such additional parking spaces, as required by this
title, are provided for.
C. Improvement Schedule. ,ill parking area improvements to include surfacing, drauiage, walkways,
lighting, landscaping, screening, traffic control, etc. shall be installed according to the provisions
of Chapter 18.74, BMC.
D. Stacking of Off-Street Parking Spaces. Required parking spaces shall be located so as to preclude
stacking of off-street parking spaces, with the exception of single household dwellings and
individual townhouse units, and duplexes with physically separated individual driveways. Physical
separation is provided when at least one of these options are provided: individual garage doors
for each interior parking space, a vegetated planter not less than four feet in width between the
Orduiance #1761: Effective august 8, 2009. page 46-1
parking spaces in the driveway area, or a wall not less than four feet in height and length is
provided between the parking area in the dt7veway and dividing the garage entrance. Generally,
not more than two cars may be stacked.
E. No Parking Permitted iil Required Front or Side Yards. Required parking spaces shall not be
located in any required front or side ~~ard, except that detached single household dwellings and
townhouses, and duplexes with physically separated individual driveways, ma}~ have one space
located within a driveway area in the required front yard for each parking space located directly
in front of the drivewa~~ area and outside of the required front yard.
1;. Parking is permitted witlun required rear yards.
18.46.020 STALL, AISLE AND DRIVEWAY DESIGN
~~. Parking Dimensions. "1 he following shall be the minimum parking space dimensions: See also
Figure 18.46.020, appendix <:~.
Table 46-1
Widths Len h
An le
Standard
Disabled
Com act'
Standard
Disabled
Com act' Aisle
Width
90 9' 13' 8' 18/20' 18/20'- 16' 26j
GO 9' 13' 8' 18/20' 18/20' 1 C~ 18/23a
~5 9' 13' 8' 18/20'- 18/20'- 16' 15/23'
\~ ote.r:
~~1,r p~~earured b~~ a line perpendicular to the stall li~ae at a point on the outride end of the stall, except when the stall is on t/~e i~iri~le e~le o% a itrrue,
in which case the point of measurement shat/ be on the inside end of the .rtal/.
'Lighteen feet if measured from a curb on the i~rride edge of the .dall,• 20 feet if measured from a painted Iine on the inside er1~e of the stall. Stall
le~a~tb va~zatiorzr are subject to approval Gy the City Engineer.
~F'or 90-degree pa~;Cin;, aisles are two-wad;
"1"77:it ~urmGer refers to one-~~~ay t~a~ic and the secaad number to two-wap traffic. If the aisle is iaeeded as a Jiie lane, a 20 foo! >niraimum is regarired.
't.~i7less otlJC17?~LSe appl0ve~ all paTktng SpQi eJ .i ~Jql~ bC 0~ J/C711dC1Yd )YLdt~l gild ~C71gt~J. ~77 L1)1~' pgT~2111~ ~C1G'd~l~.' G'DIZtgZ11ZT1~ 2O 01" mOrC pCl9 i~;tl1P~ .fpq~ef,
a maximum of 25 percent of the provided pa~;~in, spaces rr~U}~ be redarced rn ~z~e for.~~~~all cart, provided >he.re .rpace.r shall be clearfj~ identified with
a .rigs pe~rnanerttlp affixed immediatefj~ in front of each space containing the notation, `C'ompacts Only. " Il%be~e feasible, all ,rural! cUr.puce.r shall
be located in one or more contigrrous areas and/or adjacent to ingress egress poi~str within parking facilities. Location of compact cm•pa~;~ing .,paces
.rba11 not c7eate t~a(jic congestion or impede traffic Mows.
''The first di'.rabled accessible pa~kisz~ stall shall meet the standazdr of 18.=~6.040.D.2.a.
'If parking stalls within the inte~zor of an indinidua/ residential garage are coaazted toward a development's required parking needs, theca they shall
meet the standard parking stall width of 9 feet and the standard parking stall length of 20 feet with a minimum of one foot dear on all exterior
sides of the stall.
l3. Within Structures. The off-street parking requirements ma~~ be furnished b~~ providing spaces so
designated within the principal building or accesson~ parking structure. However, no building
permit shall be used to convert the parking structures into a dwelling unit or living area or other
activit}~ until other adequate provisions are made to comply with the requiied off-street parking
provisions of this title.
C. Circulation Between Bars. Except in the case of one- to three-household dwellings and
individual townhouse units, parking areas shall be designed so that circulation between parking
bays occurs within the designated parking lot and does not depend upon a public street or alle}~.
Turning radii between bays and additional backup length for dead end aisles shall conform with
requirements of the Lniform Fire Code.
Ordinance #1761: Effective August 8, 2009.
page 46-2
D. Backing; Requirements. ,1ll reyuired parking must have adequate back-up maneuverability as
specified in `f'able ~C-1. "1'he aisle width calculation may incorporate the width of the public
right-of-way. Izacept in the case of one- to four-household d~Uellings and individual townhouse-
st)~le units with individual garages, parking area design which requires backing into the public
street is prohibited. With the exception of residential development, parking area design which
requires backing into the public alle}' is prohibited.
I~. Parallel Parking Spaces. Parallel parking spaces shall be a minimum of 24 feet in length and 7
feet in width measured from the inside edge of a curb or the inside edge of the asphalt if curbing
is not present.
F. Surfacing. Except for one-household development on individual lots, all areas intended to be
utilized for permanent parking space and driveways shall control dust and drainage. loll proposed
parking areas and driveway improvements shall require a grading and drainage plan approved by
the Cit}° I~ngineer. 1~reas shall be paved with concrete or asphaltic concrete or approved pavers;
or an alternative surfacing method such as pervious pavement may be used subject to review and
approval by the Cite Engineer. Surfacing methods which miiumizc stormwater runoff and
provide for functional parking and circulation are encouraged.
1. However, paving shall not be required for permitted and conditional uses in the R-S
zoning districts when all of the following circumstances exist:
a. The use is required to provide fewer than fifteen parking spaces and no loading
spaces under the provisions of this section;
b. The lot or tract on which the use is located is not adjacent to a paved street or
road; and
c. The applicant shall enter into an improvements agreement with the Cin~ agreeing
that the lot shall be paved within nine months of the time an adjacent roadwa~~ is
paved.
G. Stir viii ~yll parking stalls shall be marked with white or yellow painted lines not less than 4
niches wide, except for one- to three-household dwellings and individual townhouse units,.
I-I. Lighting. 11ny lighting used to illuminate an off-street parking area shall comply with the lighting
standards of X18.42.150, B~1C.
I. S'i~s. No sign shall be so located which restricts the sight lines and orderly operation and traffic
movement within an~~ parking area..~ll signs shall conform to the requirements of Chapter
18.52, ;3;~1C.
). Parking Lot Curbing.
1. .ill open off-street parking areas and driveways shall have perimeter concrete curb
around the entire parking lot, including driving access ways, except for individual
townhouse units and one- to three-household dwellings. Continuous concrete curbing
shall be built according to standards provided by the Cite Engineer. Unless otherwise
approved, the perimeter curb shall be six inch by six inch concrete.
2. Concrete pindown wheel stops may be permitted as an alternative to continuous
concrete curbing in front of parking spaces which front on the perimeter of the parking
lot. However, continuous concrete curbing as described above shall be provided in all
situations where deemed necessary by the Cit)~ Enguieer to control drainage and soil
erosion.
3. Alternative peruneter treatment may be permitted subject to the approval of the Cit}?
Engineer.
Ordinance #1761: Effective August 8, 2009. page 46-3
4. Requirements for perimeter curbing shall not preclude opportunities for shared access
between adjacent parking lots.
K. Protruding Vehicles. r1ll onsite parking stalls which abut propertti- lines shall be designed and
constructed such that parked vehicles shall not protrude over property lines.
L. Pedestrian Facilities in Parking Lots. Concrete sidewalks a minimum of 3 feet i11 width shall be
provided between any existing or proposed building and adjacent parking lot. Where sidewalk
curbs serve as wheel stops, an additional 2 feet of sidewalk width is required.
10I. Snow Removal Storage Areas. Snow removal storage areas shall be provided sufficient to store
snow accumulation on site. Such areas shall not cause unsafe ingress/egress to the parking areas,
shall not cause snow to be deposited on public rights-of-way, shall not include areas provided
for required parking access and spaces, and shall not be placed in such a manner as ro damage
landscaping. ~ll snow removal storage areas shall be located and designed such that the resultant
stormwater runoff is directed into landscaped retention/detention and water qualin~
improvement facilities as required by the 1/nginecrvig Department, or in compliance with any
adopted storm drainage ordinance or best practices manual.
N. Parking and Stacking for Dri~re In/Drive Through Facilities. Required parking and stacking
spaces for waiting automobiles shall provide a nunimum of 2 stalls and 6 spaces for stacking per
lane unless a traffic summai-~~ shows that fewer spaces ma~~ be required. These spaces shall not
in any manner inhibit on-site or off-site vehicular circulation.
O. Ownership/Leasehold. Required parking Iots shall be owned or leased by the owner or lessee: of
the building or use being served b}' such parking. Such parking lots shall be maintained as a
parking Iot so long as the building and/or use served is in operation or until another approved
parking area is established for such building or use.
P. Storm Water Drainage. Storm water drainage from parking lots shall be directed into landscaped
detention/retention facilities and water quality improvement facilities as required by the
engineering Department, or i1i compliance with any adopted storm drainage ordinance and/or
best practices manual adopted b}' the CitS~.
18.46.030 MAINTENANCE OF PARKING AREAS
It shall be the joint and separate responsibilit)~ of the lessee and owner of the principal use, uses or
building to maintain in a neat and adequate manner, the parking space, accessways, striping, landscaping
and required fences or screening.
~. Use of Required Parking l~reas for Parking Only. Required off-street parking spaces in any
district shall not be utilized for open storage, sale or rental of goods, storage of inoperable
vehicles, except when permitted as a temporary use.
B. Parking Spaces Identified and Maintained. x111 residential occupancies shall provide required off-
street parking spaces. When enclosing a carport or garage for storage or living purposes, an
affidavit shall be submitted to the Planning Director identifying the required parking spaces
necessary to comply with 1018.46.040, BMC below.
18.46.040 NUMBER OF PARKING SPACES REQUIRED
The followuig minimum number of off-street, paved parking spaces for motor eehicles and bic~~cles
shall be provided and maintained by ownership, easement and/or lease for and during the life of the
respective uses hereinafter set forth. When calculation of the required parking results in a fraction of a
parking space being required, a whole space shall be pro~rided.
•
Ordinance #1761: Effective August 8, 2009.
page 46-4
~1. Residential li ses.
1. 1~liniinum Requirements. The number of spaces shown in table 46-2 shall be provided.
In addition to the number of spaces required from the table 46-2, the required number
of disabled parking stalls shall also be provided as required by table 46-6. ~~11 site plans
submitted for permit purposes shall identify parking space allocations.
a. One parking space for each 24 uninterrupted linear feet of available street
frontage usable for on-street parking diiectly adjacent to a lot may be deducted
from the total parking spaces required for a development. The number of on-
street spaces calculated shall not exceed the number of dwellings on the lot. 'I"he
width of drive accesses, designated non-parking areas, vision triangles, and
similar circumstances shall not be considered to be available for the purpose of
on-street parking space.
Table 46-2
•
Dwellin T es Parkin S aces Re uired er Dwellin
_~ecessoi~~ dwellin unit 1
lfficiencti~ unit / Lod rin house 1.25
One-bedroom 1.5
'Two-bedroom 2
'Three-bedroom 3
llwellin s with more than tluee bedrooms 4
Urou ~ homes and commuivti° residential facilities 1 s ace per otential est room
Bed and breakfast 1 s .ace/rental mut
\lanufactured Rome 2
2. I~d~ustments to Minimum Reduirements.
a. affordable Housing. When calculating the amount of required parking for
affordable housing, as defined in Chapter 18.80, BMC, if the project is
guaranteed for use. as affordable housing for a minimum period of 20 rears and
the use as affordable housing is subject to long term monitoring to ensure
compliance and continued use as affordable housing, Required parking spaces
shall be calculated based on number of bedrooms outlined in Table 46-2, but
shall not exceed 2 spaces per unit.
b. Residential Uses in Mixed-use Projects. In order to utilize this section, the long
term availability of the nonresidential parking spaces upon which the use of this
section was based shall be assured to the residents of the project. For the
purposes of this section, residential parking shall be calculated as if on-street
parking were available for all dwellings. The use of this section does not preclude
the use of other sections of this title which may have the effect of reducing the
required amount of parking. When calculating the amount of required parking
for residential uses within amixed-use project the amount of parking may be
reduced subject to one of the following provisions:
(1) ~ reduction of not more than 50 percent of the required number of
spaces for residential uses may be taken, provided that the number of
spaces which are reduced do not exceed 30 percent of the total spaces
provided for the total project uses. Not withstanding the provisions of
this subsection a minimum of 0.75 parking space per dwelling unit shall
be provided; or
Ordinance #1761: Effective ,-august 8, 2009. page 46-5
(2) If the nonresidential portions of the project provide 300 percent or more
of the number of off-street parking spaces required b}~ the residential
units, then the number of off-street parkilig spaces requiied per
residential unit shall be zero, provided that the occupants of the
residential units are permitted use of the provided nonresidential parking
spaces.
B. Nonresidential Uses.
Minimum Requirements. The number of spaces shown in table 46-3 shall be provided.
Spaces are not required to be provided free to the user. In addition to the number of
spaces required from table 46-3, the required number of disabled parking stalls required
b~~ table 46-6 shall also be pro~rided. ~ll site plans submitted for permit purposes shall
identif~~ parking space allocations. When a use is not included u1 table 46-3, the Planning
Director shall determine the appropriate classification for the purpose of required
parking.
2. Maximum Parkin. Provision of parking spaces in excess of 125 percent of the minimum
number of spaces required for the net floor area in ~18.4C.040.I3, BMC is not permitted.
Table 46-3
Use Type Off-Street or Off-Road Parking Spaces Required
lutomobilc sales 1 space per 200 square feet of indoor floor area; plus
1 s .aces er 20 outdoor velucle dis la~~ s aces
_lutomobilc service
and/or re au station
~ spaces per sen~ice stall, but no less than 4 spaces
_lutomobilc washing
establishment a. 3 spaces or 1 for each emplo~~ee on maximum shift; plus stacking
a. automatic space
drive-through b. 3 spaces per stall not including washing or dx-~°ing spaces
b. Self-serl~ice
Bank, financial
1 space per 300 square feet of floor area
institutions
2 spaces per alley; plus
Bowling alley 2 spaces per billiard table; plus
1 space per six persons of maa:imum occupancy load (as identified in the
Church International Building Code) for main assembly hall, public assembl` areas and
classrooms
Community or
1 space per 200 square feet of floor area
recreation center
Court clubs
(racquetball, handball,
1 space per 200 square feet of floor area; plus
3 spaces per court
tennis
Dancehalls, skating
1 space per 300 square feet of floor area
rinks or similar uses
Day care centers ]space per staff member plus 1 space per 15 children permitted
T lderly (senior citizens)
1 space per unit
housin
Furniture stores over
3 spaces per 1,000 square feet of floor area
20,000 s uare feet
1 space per 200 square feet of main building floor area; plus
Golf courses 1 space for ever~~ 2 practice tees in driving range; plus
4 s aces er each seen in the lavin area
Hospitals 1 space per bed
Ordinance #1761: Effective august 8, 2009.
page 4(-6
lr
u
1/ J1
u
•
Use Type Off-Street or Off-Road Parking Spaces Required
~Sedical and dental 4 spaces for each full tune equivalent doctor or dentist; plus
offices 1 s ace for each full time e uivalent em to gee
~lanufactudng and 1 space per 1,000 square feet of floor area, plus
uidustrial uses 1 s pace er 2 em log-ees on matimum workin shift
1.1 spaces per each guest room; plus
Motels, Hotels 1 space per employee on maximum shift; plus spaces for accessory- uses as
Restaurants, bars, follows:
dining rooms a. 1 space per 60 square feet of floor area
b. Conunercial area b. 1 space per each 400 square feet of floor area
c. Public assembly c. ~ space for each 5 seats based upon design capacity, except that total off-street
areas or off-road parking for public assembly may be reduced by 1 space for every 4
Wiest rooms
\ursing homes, rest 4 spaces; plus
homes or sunilar uses
1 space for each 3 beds; plus
1 s .ace for each em lovee on ma>unutn shift
Offices (except medical
and dental 1 space per 250 square feet of floor area with a minimum of 4
Outdoor sales (plant
nurseries, building 1 space per 500 square feet of sales uid /or display area. The size of the sales
materials, egcupment and/or display area shall be detennuied on a case bey case basis.
rental and similar
Restaurants, cafes, bars 1 space per 50 square feet of indoor public serving area; plus 1 space per 100
and sitnilar uses s uare feet of outdoor atio area
Retail store and ser-~rice
1 space per 300 square feet of floor area
establishments
Sales sites; model
homes
1 space per 250 square feet of model floor areas; plus 1 space per employee
Schools 1.5 spaces for each classroom, librar-l-, lecture hall and cafeteria; plus ]space for
Elementary and/or each 3 fixed seats in the area of public assembly, or 1 space for each 25 square
)ui>ior Hi h feet of area available for ublic assembhy if fixed seats are not rovided
Schools a. 1.5 spaces for each classroom or lecture hall; plus 1 space per each 5 students;
a. Senior High plus 1 space for each non-teaching employee; plus ]space per each 3 fixed seats
b. Business or similar ul the area of public assembly, or 1 space per 25 square feet of area available for
school public assembly if fixed seats are not provided
b. 1 s ace for each 1?5 students
Theatec,.~uditorium or 1 space per 4 seats based upon place of assembl}- design capacity
su~vlar
\~'arehousing, storage or 1 space per 1,000 square feet of floor area devoted to storage of goods; plus
handling of bulk goods appropriate spaces to suport accessory office or retail sales facilities at 1 space per
300 s uare feet of floor are
3. adjustments to Minimum Requirements. '1'o implement the Cit)~'s adopted growth
police, adjustment of parking requirements within certain areas of the City is desired.
Use of this section shall not be considered as joint use of parking or off-site parking
regulated by ~C18.46.050 and j 18.46.060, BMC nor shall the use of this section preclude
the use of other sections of this title which may have the effect of reducing the required
amount of on-site parking.
a. Neighborhood Commercial. Within zoning districts implementing a
Neighborhood Commercial growth policy designation or the B-3 zoning district,
the parking requirements for non-residential uses may be reduced.
Table 46-4
Use Maximum Allowable Reduction
Retail 40 percent
Restaurant 50 percent
Ordinance #1761: Effecti~re I~ugust 8, 2009.
page 46-7
Office 30 percent
_~11 Others 30 percent
Transit
_wailabilit~- _~n additional 10 percent reduction ma}~ be taken in circumstances where
the develo ment is within 800 feet of a develo ed and serviced transit sto .
b. Community Commercial. Within zoning districts 1}ping within a commercial node,
as defined in Chapter 18.80, and implementing a Community Commercial
growth polic}~ designation, the parking requirements for nonresidential uses may
be reduced.
Table 46-5
Use Maximum Allov~~able Reduction
Retail 20 percent
Restaurant 30 percent
Office 10 percent
_~11 Others 10 percent
Transit
rlvailabilitti~
~~n additional 10 percent reduction ma~~ be taken in circumstances where
the development is within 800 feet of a developed and ser~~iced transit
stn..
C. Exceptions to These Parking Reduiiements. Because some situations (i.e., existing lots which
have no landscaping, irregular lots, lots with topographic difficulties, etc.) would benefit from an
alternative to the required maximum parking areas; because the communit}~'s appearance could
benefit from additional landscaping, sueetscaping and sculptural elements; and because parking
exceptions and/or landscaping would encourage development within existing Citti~ boundaries;
the following alternatives may be permitted. These alternatives ma~~ be proposed b}~ the
developer for review by the ADR staff. Such proposals may be approved based on a
determination that such alternatives meet the following requirements and will not create a
congested on-street parking situation in the vicinit}> of the proposal.
1. Landscaping in Lieu of Parking. Except in the B-3 district, propert)~ owners have the
option of requesting the deletion of up to 5 required spaces or 10 percent of the required
parking spaces, whichever is less, if 350 square feet of landscaping, trees or streetscaping
is installed on the propert}- for each space so deleted. "This shall not decrease the amount
of landscaping that would have been required with full parking, but shall be in addition
to such landscaping. This option shall be approved b}' the .CDR staff. 'These
improvements must be placed in the public right-of--way or yards directly facing the
right-of-wa}'.
2. Exceptions and l~lodifications to Parking Requirements iii B-3 District. Where all or part
of the required parking spaces can not be provided for a proposed use in the B-3
District, either through ownership or lease of the necessary land, the petitioner may
satisfy the parking requirements by providing an equivalent cash-in-lieu payment
according to the following provisions:
a. No building permit shall be issued, nor shall anv use of property be initiated,
unless a satisfactor}~ cash-in-lieu payment is received by the Department of
Finance;
b. "I'he Parking Commission shall review and consider all requests for cash-in-lieu
payments and furnish a written and dated certificate, signed by the Parking
Commission Chairman, authorizing cash-in-lieu payments. .~ cope of this •
certificate shall be presented to the Chief Building Official and Planning Director
before a building permit is issued or the use instituted;
Ordinance #1761: Effective t~ugust 8, 2009.
page 46-8
•
c. For each required parking space not provided, payment shall be made to the Cite
Finance Department as specified by standard payment requirements established
b~~ the Bozeman Parking Commission;
d. ~~ll real propert}' assessed b~~ special improvement district (SID) No. 565, or
other similarly adopted improvement districts designed to provide additional
parking spaces within the B-3 district, shall not be required to provide additional
parking spaces be~~ond those required at the dine of the SID adoption, provided
the use of the real propert}~ and improvements remains unchanged from the
initial assessments of SID No. 565, or other similarly adopted improvement
districts;
(1) In the event that a new use or an expansion is initiated on any portion of real
propert)• or improvements subsequent to the assessments for SID No. 565 or
other similarly adopted improvement districts, then parking space requirements
shall be satisfied prior to initiation of those new or expanded uses.
D. Disabled accessible Parking Spaces.
Disabled parking spaces shall be pro~rided subject to federal standards enumerated in the
,americans with Disabilities .pct (~D1~) dated January 26, 1)92, and Federal Standard
795, (Uniform Federal r~ccessibilit}' Standards) dated .~pril 1, 1988, Chapter 4
(1-accessible 111ements and Spaces: Scope and 1"ethnical Requirements). Each disabled
parking space shall also be accompanied by a sign statil7g "Permit Required $100 Fine".
See Figure 18.46.040.D in ~~ppendix ~~.
.ill parkvig lots and facilities shall be subject to current International Building Code
guidelines for accessibility-, and shall contain a minimum number of disabled accessible
parking spaces as set forth iii the table below:
2.
•
Total Parking
in Lot Required Minimum Number of
Accessible S aces Total Parking
in Lot Required Minimum Number of
Accessible S aces
1 to 25 1 201 to 300 7
2G to 50 2 301 to 400 8
~1 to 75 3 401 to 500 9
76 to 100 4 501 to 1000 2 ercent of total
101 to 150 5 1001 and over 20 lus 1 for each 100 over 1000
151 to 200 6
a. "I'he fast accessible parking stall provided, and one in every eight accessible
spaces provided thereafter, shall have an aisle 8 feet wide (rather than 5 feet) and
shall be signed "van accessible."
b. accessible spaces shall be located as near as practical to a primary entrance(s)
and shall be designated as those spaces closest to the primary entrance(s) to a
facility. Parking spaces and access aisles shall be level with slopes not exceeding
1:50 in all directions and shall be maintained in an ice and snow free condition.
c. The rnillimum number of accessible parking spaces shall be in addition to any
other required parking spaces.
3. loll accessible parking spaces shall be designated as reserved for the disabled by a sign
shoeing the symbol of accessibility at each space. Such signs shall not be obscured bj~ a
vehicle parked in the space. Signs and symbols painted on the pavement as the only
means of identification do not meet this requirement. See Figure 18.46.040.D iii
appendix C1.
Ordinance #1761: Effective August 8, 2009. page 46-9
Table 46-6
a. Raised signs shall be located at a distance no greater than 5 feet from the front of
each accessible space and shall be subject to review and approval by the Plani>u~g
Department
4. Provision of an accessible path of travel from each disabled accessible parking space to
the entrance of the facilit~~ shall include ramped access where necessai~~ and an
unencumbered minimum 3-foot wide walk, sidewalk or ramps. The accessible path of
travel shall be a paved, smooth surface, free of defects or desigYi features that would
restrict, inhibit or unreasonabh' impede the movement of a ph~~sicall~~ disabled individual.
a. The least possible slope shall be used for an}~ ramp. The maximum slope of a
ramp in new construction shall be 1: 12, cross slopes shall not exceed (1.25 inch
per foot. The maximum rise for an~~ run shall be 30 inches.
5. Exceptions: Group R occupancies, per the most recently adopted International Building
Code definition, containing three or less dwelling units or congregate residences
accommodating ten persons or less.
G. Prior to occupancy, the applicant or their representative shall certify compliance with the
requirements of subsection D of this section.
E. Bicycle Parking Required. X11 site development, exclusive of those qualifying for sketch plan
review per Chapter 18.34, B1~1C, shall provide bicycle parking facilities to accommodate bicycle-
ridiiig residents and~or employees and customers of the proposed development The number of
bicycle parking spaces shall be at least 10 percent of the number of automobile parking stalls
required by'I'ables 46-2 and 46-3 but shall in no case be less than two.
1. Bic}'cle parking facilities will be in conformance with standards recommended Citv-'s
long range transportation plan.
2. Required bicycle parkvig shall be provided in a safe, accessible and convenient location.
Directional signage shall be installed when bicycle parking facilities are not readily visible
from the street, sidewalk, or main building entrance. Installation of bicycle parking shall
allow for adequate clearance for bicycles and their riders.
3. Bicycle parking may be provided iii a common area to sei-~re multiple buildings. The
common area must be within 100 feet of each sei-~~ed building.
4. Covered bicycle parking is encouraged.
18.46.050 JOINT USE OF PARKING FACILITIES
~. Up to 80 percent of the parking facilities required b}' this chapter for a church, civic center,
performing arts center, or for an auditorium incidental to a public or parochial school may be
supplied with the off-street parking facilities of the following daytime uses: banks, business
offices, retail stores, personal service shops, household equipment or furniture shops, clothing
or shoe repair or service shops, manufacturing, wholesale and similar uses.
B. Shared parking may be requested if parking can be provided to ser<~e two (2) or more individual
land uses without conflict or encroachment. "I'he Planning Director may make a determination
for shared parking arrangements based on a traffic survey or traffic impact study for the site(s)
based on the following:
1. ~~t a minimum, a traffic survey or traffic impact study must examine for all potential
uses: trip generation, hours of operation, quantity of required parking spaces, quantitt~ of
spaces that will be filled during peak hour periods, and any unusual events that may
occur during the year that will exceed the average parking requirement "1'he stud}' must
indicate that adequate parking exists to meet the demand of potential uses sei-~~ed as well
as meet technical requirements as specified by the Planning Director.
Ordinance #1761: Effective august 8, 2009. page 46-10
2. The parties sharing parking spaces shall enter into along-term joint use agreement
revocable with Cit<~ Commission approval, running with the term of the designated uses.
C. Conditions Reduircd for ~oil~t Use.
1. The building or use for which application is being made to utilize the off-street parking
facilities provided b~~ another building or use shall be located within 1,000 feet of such
parking facilities as measured b~~ the route of travel from the nearest parking space to the
commonl~~ used entrance of the principal use ser-~~ed;
2. 1`he applicant shall show that there is no substantial conflict in the operating hours of
the tvvo buildings or uses for which joint use of off-street parking facilities is proposed;
and
3. ,~ propcrl~- drawn legal instrument, executed by the parties concerned for joint use of
off-street parking facilities, dul~~ approved as to form and manner of execution b}- dIc
Cite ,~ttornev, shall be filed with the Clerk of the Commission and recorded with the
County Clerk and Recorder.
18.46.060 OFF-SITE PARKING
~3nv off-site parking which is used to meet the requirements of this title shall be reviewed b~~ the
Planning Director for compliance. with this title and shall be subject to the conditions listed below.
:~. Off-site parking shall be developed and maintained iii compliance with all requirements and
standards of this title;
13. Reasonable access from off-site parking facilities to the use being sensed shall be provided;
C. 'The site used for meeting the off-site parking requirements of this title shall be under the same
ownership as the principal use being sensed, under public ownership, or shall have guaranteed
permanent use b}' virtue of a perpetual lease filed will the Clerk of the Commission and die
Count~~ Clerk and Recorder;
D. Off-site parking for one-household and ttvo-household dwellings shall not be permitted;
i~. Off-site parking for multiple household dwellings shall not be located more than 100 feet fiom
am' commonly used entrance of the principal use sensed;
I'. Off-site parking for nonresidential uses shall not be located more than 1,000 feet from the
commonh~ used entrance of the principal use as measured by the route of travel from the nearest
parking space to the commonly used entrance of the principal use sensed and shall not be
located in residential districts; and
G. ~~ny use which depends upon off-site parking to meet the requirements of this title shall
maintain ownership or provide evidence of a long-term lease agreement, revocable with Cit}~
Commission approval, running with the term of the designated use, for parking utilization of the
off-site location.
•
Ordinance #1761: l~ffective august 8, 2009. page 46-11
•
CHAPTER 18.52
SIGNS
C~
18.52.010 INTENT AND PURPOSES
It is the intent and purpose of this chapter to promote the health, safeti~ and welfare of the residents and
visitors of the City of Bozeman by regulating and controlling the size, location, t}~pe, quality of materials,
height, maintenance and construction of all signs and sign structures not located within a building for
the following reasons:
.~. '1'o presei-~re the Bozeman area's natural scenic beauty;
B. To contribute to inviting entrances into Bozeman by eliminating clutter associated, iii part, with
the unrestricted proliferation of signs, lights and stringed devices;
C. 'ho encourage area beautification through creative, interrelated design of signage, landscaping,
buildings, access and parking that enhances the community's built and natural environment;
D. '1 o give all businesses an equal opportunit}~ to have a sign that will help people fmd the sei-~~ices
they need; and
1~.. "ho ensure that pedestrians and motorists are protected from damage or injury caused or partly
attributable to the distractions and obstructions which are caused by improperly situated signs.
The Cit)~ Commission intends to provide a reasonable balance between the right of an individual
to identify dleir business and the right of the public to be protected from the ~risual discord that
results from the unrestricted proliferation of signs. Sections 18.28.070 and 18.30.080, B~IC
establish certain exemptions, and alternative procedures utilizing design review. The
deliberations and decisions of the design review shall be directed to accomplish the intent and
purpose of this section. It is determined that the regulations contained herein are the minimum
necessai~~ to further the interests of this title.
18.52.020 SIGN PERMIT REQUIREMENTS
If a sign requiring a permit under the provision of this chapter is to be placed, constructed, erected or
modified on a zone Iot, the owner of the lot shall secure a sign and building permit prior to the
construction, placement, erection or modification of such a sign. Furthermore, the propert}~ owner shall
maintavi in force, at all times, a permit for such sign. No permit of any kind shall be issued for an
existing sign or proposed sign unless such sign is consistent with the requirements of this chapter.
18.52.030 PROHIBITED SIGNS
r1ll signs not expressly permitted under this chapter, or exempt from regulation, are prohibited i17 the
City. Such signs include, but are not limited to:
,-y. Portable signs (except as allowed under Title 12, Chapter 22, Bl~IC);
B. Roof signs;
C. Revolving signs;
D. Beacons, spot lights;
E. Flashing, blinking, or animated signs, or LED or other electronic messaging signs except for
incidental signs as defined in Chapter 18.80, BMC;
F. Pennants, streamers, wind socks, pinwheels, or similar items;
• G. Stringed flags;
H. Inflatable signs and tethered balloons (except as permitted per ~ 18.52.040, B1~IC); and
Ordinance #1761: Effective august 8, 2009. page 52-1
I. Sig7is located in public rights-of-wa}' (except for those permitted in ~ 18.52.05U.C and
18.52.060.D.4, BMC).
18.52.040 PERMITTED TEMPORARY AND SPECIAL EVENT SIGNS •
Temporary and special event signs, such as banners, tethered balloons and inflatable signs, but excludvig
those subject to ~18.52.OSO, BMC, shall be allowed only as follows:
~. Special event signs arc permitted in the zones described in ~18.52.060.r1 and j118.52.060.B, BMC.
B. ~~pplicants for temporary signs shall apply for, and have approved, a temporary sign permit
L. ~~ll temporary signs shall compl}~ with size, height, and location requirements of this chapter.
D. l~~or special commercial events, temporary signs shall be displayed for a consecutive period not
to exceed fifteen days, for a maximum of thirty days per calendar year, from januai-~~ 1 to
December 31. 'There shall be a period of at least seven days between each fifteen day display
period.
E. Grand opening temporary signs may be map be displayed for a period not to exceed GO days,
additional temporary signs shall not be allowed until the next calendar year. Only one grand
opening temporary shall be permitted for the life of the business. r1 subsequent grand opening
banner may be permitted when business ownership has transferred to another owner, or when
the business moees to a new location on a different zone lot.
F. Temporary signs that idenrify a new business may be displayed until the business erects a
permanent sign, oi>I}' if the business is in the process of obtainuig a permanent sign, or 60 days,
whichever comes first. If the business has had a temporary sign ili this instance, the business
will be allowed 30 more days of temporary signage, but not a grand opening temporary sign.
G. Itinerant vendors shall receive information about allowable temporary signs at the time they
apply for a business license, but no permit is required if the itinerant vendor is operating less
than 7 days.
l~I. Temporary signs that are seasonal in nature, such as garden greenhouses, boat showrooms, or
ski rental, ma~~ appl}~ for a long term temporary sign which may be approved for a period not to
exceed 180 days.
I. Businesses may promote events in the community, such as the Cow~ty Fair or Sweet Pea, by
applying for and receiving a temporary sign pernut for their location. When notice of the event
and non-sponsorship related information occupies more than 75 percent of the banner area,
such a temporary sign will not count in their temporary and special event signage limit of 30 days
a year.
18.52.050 SIGNS EXEMPT FROM PERMIT REQUIREMENTS
Z'he following signs shall be exempt from the permitting requirement but must comply with the criteria
for signs allowed by this title:
~. Residential Zones (K-S. R-1. R-2. R-3, R-4. Kl~1H~.
1. 'Temporar}', nonilluminated, real estate sale, political campaign and other noncommercial
speech signs that do not exceed 9 square feet iii total area and, if freestanding, 5 feet in
height. No more than one such sign per street frontage.
2. Businesses working at a residentially zoned lot, such as landscapers or window treatment
installers, may post an identifying sign only when they are ph}'sically at the residence, and
the sign shall be removed immediately when the working party leaves the property. Such
sign shall not exceed 9 square feet in total area and, if free standing shall not exceed five
feet in height. Not more than one such sign per street frontage per lot is allowed.
Ordinance #1761: Effective August 8, 2009.
page 52-2
B. Commercial and h~Ianufacturing Zones ,R-O. B-1, B-2, I3-3, M-1,1\,1-2. BP, PLI, HMC'~~.
1. Window signs painted on the window or physically affixed to the interior of a window,
provided that such signs do not occup}' more than 25 percent of the area of the wvzdow
iil which it is displayed. If it exceeds 25 percent of the area of the urindow, it will be
classified as a wall sign.
2. Signs within a structure or building or other enclosed area of propern~ when such signs
are not legible when ~riewed from outside the structure or property.
3. I'emporar~~ non-illuminated, real estate sale, for rent or lease, political campaign,
noncommercial speech signs shall not exceed 32 square feet in size, shall be no more
than 5 feet high and shall be at least 5 feet from the propert~~ line. Only one sign of each
candidate or other tti~pe and subject per street frontage per lot is allowed.
4. Political sighs may be erected 60 days prior to the scheduled date of the priinarj> election
and must be removed not later than 7 days after the candidate is unsuccessful, withdraw,
or the general election, whichever comes first.
5. Development and Construction Sighs shall not exceed 32 square feet in size, shall be no
more than 5 feet high and shall be at least 5 feet from the property line. rill parties to
the development, including but not limited to, banks, architects, contractors, developers,
fixture occupants of the lot, real estate agent, landscape company shall be on a single sign
per street frontage per lot.
6. lour on-premises directional signs not exceeding 4 square feet in area and 5 feet iii
height which shall not contain any commercial messages.
C. Ill "Zones.
1. Government and Public Utilit~~ Signs. Directional, warning, street, traffic control,
informational or temporary special event signs that are erected, installed or placed by or
on behalf of an~~ federal, state., county or city government. Public utilin~ signs sho~viiig
locations of underground facilities or public telephones, and safety signs on construction
sites, are included within this exemption.
2. Incidental Signs. ~ sign, generally informational, that has a purpose secondai-y~ to the use
of the zone lot on which it is located, such as "no parking," "entrance," "loading only,"
and other similar directives. No sign with a commercial message, which is designed with
the intent to be legible from a position off the zone lot on wlvch the sign is located, shall
be considered incidental
18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT
The following on-premise signs are permitted in the uidicated zones subject to a sign permit:
~. Commercial. Manufacturing. and Public Land Zones (B-2. B-3. M-1. M-2, I3P. PLI, HMUI. ~
lot in a B-2 district is permitted total signage not to exceed 400 square feet. The maximum
allowable total signage in the other districts listed herein shall not exceed 250 square feet per lot.
,~ comprehensive sign plan is required for all commercial centers consisting of two or more
tenant spaces on a lot and shall be designed in accordance with ~ 18.52.070, I3MC.
1. h'reestanding Signs. One freestanding sign is permitted per zoned lot. "I'he maximum area
for a freestanding sigm shall be 32 square feet. r1 low profile freestanding sign shall be set
back a minimum of 5 feet with a maximum height of 5 feet. r~ pole-style freestanding
sign shall be set back a minimum of 15 feet with a maximum height of 13 feet. The pole-
• style sign will maintain at least an 8-foot minunum vertical clearance from the ground.
Ordinance #1761: I:ffecti~-e august 8, 2009. page 52-3
2. Wall Signs. Wall signs are not to exceed a total signage allowance of 1.5 square feet per
linear foot of building frontage minus any area devoted to freestanding or projecting
signs. Canopy, window and awning signs shall be classified as wall signs. Wall signs shall
not project above the top of a wall or parapet. Lots fronting on ttvo or vlore streets shall
be permitted an additional 35 percent of the already permitted wall sign area for each
subsequent building frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8
square feet in area nor extend more than 4 feet from the building. In the B-3 district,
projecting signs shall not exceed 12 square feet in area nor extend mole than 6 feet from
the building. Projecting signs shall provide a minimum sidewalk clearance of 8 feet.
B. Business and Office "Cones ,(I3-1, R-O~. "I'he maximum allowable total signage for a lot with one
building shall not exceed 80 square feet in a B-1 district or non-residentially planned R-O
district, the maximum allowable total signage for a lot with two or more buildings shall nor
exceed 160 square feet in a B-1 district or non-residentially planned R-O district and 32 square
feet in a residential planned R-O district. ~ comprehensive sign plan is required for all
commercial centers consisting of two or more tenant spaces on a lot Such plans shall be
designed v7 accordance with this section.
1. Low Profile Freestanding Signs. One low profile sign not to exceed 32 square feet in area
in the B-1 district, and 12 square feet il~ area ili the R-O district. In both the B-1 and the
R-O districts, the low profile sign shall have a minimum setback of 5 feet and a
maximum height of 5 feet. Pole-style freestanding signs are not permitted in the 13-1 and
R-O zones.
2. Wall Si,~nzs. Wall signs in the B-1 district are not to exceed a total signage allowance of 1
square foot per linear foot of building frontage minus any area devoted to freestanding
or projecting signs. Wall signs in the R-O district are not to exceed a total signage
allowance of 0.5 of a square foot per linear foot of building frontage minus any area
devoted to freestanding and/or projecting signs. Canoe}', window and awning signs
shall be classified as wall signs. Wall signs shall not project above the top of a wall or
parapet. Lots fronting on two or more streets shall be permitted an additional 35 percent
of the already permitted wall sign area for each subsequent building frontage.
3. Projecting Signs. One projecting sign per tenant. Projecting signs shall not exceed 8
square feet in area nor extend more than 4 feet from the building. Projecting signs shall
provide a minimum sidewalk clearance of 8 feet.
4. Subdivision Identification Signs. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign per
development entrance is allowed. Fach sign shall not exceed 16 square feet in area or 5
feet in height from the finished grade. The sign must be setback at least 5 feet from die
property line.
5. Residential Building Identification Signs. For properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. Mach sign
shall not exceed 8 square feet in area.
C. Residential "Cones (R-S, R-1, R-2, R-3, R-4, R1~1H~.
Subdi~~ision Identification Sigmas. For residential subdivisions consisting of more than
four residential units, one low profile, freestanding, neighborhood identification sign per
development entrance is allowed. Each sign shall not exceed 16 square feet in area or 5
feet in height from the finished grade. The sign must be setback. at least 5 feet from the •
propert<~ line.
Ordinance #1761: Fffecti~=e l~ugust 8, 2009.
page 52-4
2. Residential Buildilig Identification Signs. l~or properties used for multi-household
residential buildings, one residential identification wall sign per street frontage. F~ach sign
shall not exceed 8 square feet in area.
3. Suns 1~~purtenaut 'ho Residential Principal and Conditional Uses and Home
Occupations.
a. Principal residential uses and home occupations shall be permitted commercial
message signage not to exceed 4 square feet iii area and shall not be located in
an}' reyuircd setback area. In addition, home occupations shall be permitted 1
square foot signs on a mailbox or lamp post or 1.5 square feet of freestanding
signage located a minimum of 5 feet from the property line.
b. Principal residential uses shall be permitted noncommercial speech signs which
do not exceed 30 square feet in area nor 5 feet in height. Such sign(s) must be
setback at least 15 feet from the property line.
c. Conditional nonresidential type uses, such as churches, veterinary uses, golf
courses, da}~ care centers and schools shall be permitted signage as if the
underl}ping zoning were B-1. Conditional residential tS~pe uses such as bed and
breakfast homes, and fraternity and sororit}' houses, shall be permitted signage as
if the underlying zoning were R-O. Such signs ma}' only be illumiliated during
the hours of operation.
4. Planned Unit Developments. Commercial establishments within planned unit
de~Telopments where the underlying zoning is residential shall be permitted signage as if
the lot were in a 13-1 zone.
D. Special Districts end Zones. The guidelines for the underlying zoning districts apply unless
otherwise addressed below.
I. Neighborhood Conser-~ration Overlay District. Within this district, all signage. is subject
to issuance of a Certificate of appropriateness. If the applicant is not requesting sign
deviations, the sign application will be reviewed by aDR staff. If the applicant is
requesting deviations, the sign application shall be subject to revie~~ by the Design
Review Board and the Cit<~ Commission.
2. Entrywa}~ Overlay llistrict. signage may exceed the underlying zoning district limitations
be up to 20 percent upon review and approval of a deviation by the CirS~ Commission,
upon the recommendation of the Design Review Board, and upon receipt of a
Certificate of Appropriateness.
3. Interchange Zone. signage may exceed the maximum total sign area permitted by
X18.52.060, BMC by up to 25 percent upon review and approval of a deviation by the
City Commission, upon the recommendation of the appropriate design review advisor}'
hod}~, and upon receipt of a Certificate of appropriateness. N ach lot shall be permitted
one freestanding sign.
a. Low Profile Signs. One low profile sign per zoned lot. The maximum area for a
low profile sign shall be 40 square feet. 7,he sign shall be setback a minimum of 5
feet with a maximum height of 8 feet.
b. Pole-St~-1e. Signs. apole-stele freestanding sign shall be set back a minimum of
15 feet and will maintain at least an 8-foot minimum vertical clearance. Pole-st<rle
signs shall not exceed a total area of 40 square feet or 16 feet in height, provided
however, that for every 2 feet said sign is set back from 15 feet beyond dle street
right-of-way, the height measured at grade may be increased 1 foot, not to
exceed a total of 32 feet, and the area may be increased by 2.5 square feet for
Ordinance #1761: Effective august 8, 2009. page 52-5
evei~~ 2 feet that said sign is set back 15 feet be}'ond the street right-of-~~-a~~ up to
a maximum of 120 square feet.
4. Main Street Historic District. Permits for signs that encroach into the public right-of-wati~
shall be obtained from the Cit)~ Manager's office in Citt~ Hall.
18.52.070 COMPREHENSIVE SIGN PLAN
~~ comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses
consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common
development permit or plan. 1~ comprehensive sign plan shall not be approved unless it is consistent
with this chapter, the underlying zoning regulations applicable to the propert}' and an}' discretionary
development permit or plan for the property. "1'he plan should include the size and location of buildings
and the size and location of existing and proposed signs. The purpose of the plan is to coordinate
graphics and signs with building design. The coordination shall be achieved by:
.~. Using the same type of cabinet supports or method of mounting for signs of the same t<~pe;
using the same t)~pe of construction for components, such as sign cop}", cabinet and supports;
using other t}'pes of integrating techniques, such as common color elements, detern~ied
appropriate by the Planning Director.
B. Using the same form of illumination for all signs, or by using varied forms of illuminations
determined compatible by the Planning Director.
18.52.080 MULTITENANT COMPLEXES WITH LESS THAN 100,000 SQUARE FEET OF
GROUND FLOOR AREA
`1'he guidelines for the underlying zoning districts apply unless otherwise addressed below:
1~. The maximum permitted wall sign area allowed for each tenant space shall be the percentage of
the total floor area on the zoned lot that the tenant occupies multiplied b~~ the wall area allowed
by ~118.52.060.1~.2 or ~18.52.060.B.2, BMC. If the lot has more than one building frontage, die
individual tenant space may derive sign area onl~~ from the frontage(s) which the space faces.
Lots under this section shall be allowed a low profile sign that identifies the complex, which
otherwise conforms to this chapter, iiz addition to the sign area alread}' permitted under
~18.52.060.~~.2or ~C18.52.060.B.2, BMC.
18.52.090 MULTITENANT COMPLEXES WITH MORE THAN 100,000 SQUARE FEET
OF GROUND FLOOR AREA
"I'he guidelines for the underlying zoning districts appl5• unless otherwise addressed below:
1~. Freestanding Signs.
1. Pole-stile Signs. One pole-style sign per street frontage not to exceed 48 square feet in
area or 16 feet in height The sign area computed for apole-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondai-~~ entrance of
the complex, provided each sign shall not exceed 32 square feet in area, not 5 feet in
height, and must be setback a minimum of 5 feet from the property" lines. ~ll low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
B. Wall Signs. Each tenant shall be permitted wall signage square footage calculated from 1.5 times
the linear store frontage. For the maximum allowable total signage, please see ~ 18.52.060.E or
j 18.52.0608, BI\IC.
Ordinance #1761: Effective august 8, 2009.
page 52-6
18.52.100 INDOOR SHOPPING MALL COMPLEXES WITH MORE THAN 100,000
SQUARE FEET OF GROUND FLOOR AREA
The guidelines for the underl~-ing zoning districts apply unless other~~rise addressed below:
~~. Freestanding Suns.
1. Pole-s ,ale Signs. One pole-st)'le sign per street frontage not to exceed 48 square feet in
area or 16 feet iii height. The sign area computed for apple-style sign shall not be
subtracted from the maximum allowable wall signage permitted for the entire complex.
2. Low Profile Signs. One low profile sign shall be permitted at each secondary entrance of
the complex, provided each sign shall not exceed 32 square feet in area, nor 5 feet in
height, and must be setback a minimum of 5 feet from the propert}- lines. ~ll low profile
signs shall only identify the complex and must display the street number address in
figures which are at least 6 inches high. Low profile signs complying with these
regulations will not be factored when calculating the maximum permitted wall sign area.
I3. Wall Si~1s. Each anchor tenant occupying 20,000 square feet or more shall be permitted 300
square feet of wall signage. Bach tenant with an exclusive outdoor customer entrance shall be
permitted wall signage square footage calculated from 5 percent of the ground floor area.
18.52.110 ILLUMINATION
ly. Illumination, if an}', shall be provided by artificial light which is constant in intensity and color.
Internally illuminated "can signs" are acceptable provided background and cope are coordinated
to avoid excessive light output. Neon and other gas type transformers shall be limited to 60
milliamperes and fluorescent transformers shall be linuted to 800 milliamperes to soften light
output ~ydditionally, neon and other gas t)~rpe signs with exposed tubing shall be equipped with
• dimmers.
B. Externall}' illuminated wall-mounted and pole signs shall be lighted by fixtures mounted at the
top of the sign and aimed downward; ground-mounted sign lighting may only be used for
monument stt~le signs. Fixtures used to illuminate signs shall be aimed so as not to project their
output beyond the sign.
18.52.120 STREET VISION TRIANGLES
Signs shall not be placed in sight vision triangles as the}' are established in X18.44.100, Bl~IC.
18.52.130 REQUIRED ADDRESS SIGNS
Street numbers shall be required for all residential, commercial, industrial, and civic uses in all zones,
consistent with the requirements of the Fire Department. rill freestanding signs shall display the address
of the lot iii 6-inch numbers.
18.52.140 BILLBOARDS AND OTHER OFF-PREMISE ADVERTISING
Off-premises commercial advertising signs are not permitted within the Bozeman City limits except as
permitted by state or federal law.
r1. Exception: Off-premises signs ma}~ be placed on the interior of transit shelters reviewed and
approved by the City of Bozeman and served by an active fixed route transit sernice. signage
withiYi a transit shelter shall not distract drivers of vehicles nor be legible from the driving lanes.
18.52.150 SIGNS ERECTED IN CONJUNCTION WITH NONPROFIT ACTIVITIES ON
PUBLIC PROPERTY
Signs erected on public property in support of nonprofit activities, such as signs advertising sponsors of
youth and sports activities, shall be allowed only as follows:
Ordinance #1761: Effective august 8, 2009. page 52-7
1~~. '1"he sigY7(s) shall be permitted onl}- at developed facilities ili public parks or other publicly owned
lands.
13. The sign(s) may be erected two weeks prior to the commencement of the activity and shall be
removed within two weeks after the cessation of the activitj- for which the sign(s) were erected.
C. Each individual sign shall be no larger than 32 square feet. Freestanding signs must be setback a
minimum of 15 feet from the propert,~ line with a maximum height of 5 feet. Signs attached to
walls or scoreboards shall not be subject to the 5 foot height limitation. However, signs attached
to walls or scoreboards shall not exceed the height of the wall or scoreboard to which they are
attached. All sums shall be oriented towards spectators attending the activit}~ who are at the
facilit}'.
D. The sign(s) shall not:
1. Be individually illuminated; nor
2. Be placed in sight vision triangles or otherwise impede or obstruct the view of the
traveling public.
E. Applicants for such sign(s) must apply for, and have approved, a special temporar~~ sign permit
detailing the nature of the sign(s) to be erected and the duration dle sign(s) will remain in place.
Applications and review procedures shall be made as per ~ 18.52.170, B1~IC.
18.52.160 HISTORIC OR CULTURALLY SIGNIFICANT SIGNS
Signs which have historical or cultural significance to the Cin~ but do not conform to the provisions of
this chapter, maybe permitted provided that the Cith Corntnission adopts findings supporting the
historical or cultural significance of the sign and issues a sign permit. Such findings shall be adopted b}~
resolution of the City Commission.
18.52.170 APPLICATION •
An application for a sign shall be made on forns provided by the Planning Department. The application
shall contain sufficient information and plans to permit review pursuant to this chapter, including but
not limited to: building elevations; photographs; proposed locations of signs on building elevations; sign
design layout showing number, types and dimensions of all signs; and a site plan showing proposed
location of all signs. An applicant may appeal the denial of permit request pursuant to the provisions of
Chapter 18.66, BI\IC.
18.52.180 MAINTENANCE OF PERMITTED SIGNS
All signs shall be continuously maintained in a state of security, safety and repair. Abandoned signs and
sign support structures shall be removed. If any sign is found not to be so maintained, or is in need of
repair or has been abandoned, it shall be the dirt}' of the owner and the occupant of the premises to
repair or remove the sign within fourteen calendar days after receiving written notice to do so from the
Planning Director. If the sign is not so repaired or removed witlun such time, the Plamzing Director
shall cause the sign to be removed at the expense of the owner of the premises.
18.52.190 NONCONFORMING SIGNS
~~. "I'he eventual elimination of existing signs that are not iii conformit~~ with the provisions of this
chapter is as important as the regulation of new signs. Except as otherwise provided herein, the
owner of any zone lot or other premises on which exists a sign that does not conform with the
requirements of this chapter and for which there is no prior, valid sign permit shall remove such
sign.
•
Ordinance #1761: Effective August 8, 2009.
page 52-8
I3. .~11 signs which were legally permtted prior to .June 22, 1997 are considered legal, permitted
signs under this chapter. L;xcept as provided for in subsection C of this section, said sign, if
nonconforming with tlus chapter, ma~~ not be:
1. Replaced except with a conforming sign;
2. Changed in copy (except for signs specificall~~ designed to be changed in copy, such as
readerboards with changeable letters);
3. Structurall~~ altered to extend its useful life; or
4. I?xpanded, mo~~ed or relocated.
C. No legal, nonconforming sign may be altered or enlarged in any wa~~ which increases its
nonconfornvty, but am' existilig signage, or portions thereof, may be altered bi~ decreasing its
nonconformity (except~as provided in subsection D below).
D. ~~m~ lot with a nonconforming sign may not add additional signage until all signs on the lot are
brought into conformance with this chapter. ,any site modification that requiies a certificate of
appropriateness, site plan review or reuse application will necessitate compliance for all existing
and proposed signage on the lot.
E. Notwithstanding any other provision of this chapter, no sign shall be subject to an~~ limitation
based on the content of the message contained on such sign.:~ny sigm authorized in this chapter
ma}' contain noncommercial copy in lieu of any other cop}'•
•
•
Ordinance #1761: I?ffective ~~ugust 8, 2009. page 52-9
•
•
CHAPTER 18.56
BOZEMAN WETLAND REGULATIONS
C7
18.56.010 TITLE AND APPLICABILITY
7"hese regulations shall be known as the Bozeman wetland regulations and may be cited as the wetlands
regulations. "These wetland regulations shall govern areas in compliance with the 1987 L?.S. l~rmi Corps
of Engvieers Wetland Delineation 1\Ianual of the U.S (1987 Corps Manual), or the most current wetland
delineation manual sanctioned by the army Corps of Engineers (~~COE)-Omaha District. 'I'bis manual
provides specific guidelines and methods to identify whether an area is a wetland and to determine the
boundary between wetlands and uplands. Bozeman's wetland regulations will pertain to wetlands with a
direct hydrologic comiection to "waters of the LI.S." (those wetlands that connect to a federall}~-
regulated stream or river directly or via a series or watercourse, wetlands or ditches), and also to isolated
wetlands with no direct connection to a water of the U.S. and exhibit positive wetland indicators for all
three wetland parameters. "I'he provisions contained in these regulations do not apply to wetlands
created by a wholly man-made water source used for irrigation purposes or stormwater control.
18.56.020 INTENT AND PURPOSE
~~. Wetlands perform many important ecological functions. It is the intent and purpose of this
chapter to protect, presei-~~e and enhance wetlands to provide the following functions:
1. ~~quifer recharge;
2. Water storage;
3. Regional stream hvdrolog~~ (discharge and recharge);
4. Flood control and storage;
5. Sediment control (filter for waste);
6. Nutrient removal from urban runoff; and
7. Erosion control.
B. Wetlands pro~ride important values that enhance the quality of life of community residents. It is
the intent of this chapter to protect, preserve and enhance wetlands to provide the following
values:
1. I Iabitat for fish, wildlife and plants (including endangered and threatened);
2. Recreation;
3. Open space;
4. Visual and aesthetic;
5. F_,ducation and research; and
6. Historical, cultural and archeological resources.
C. Wetlands can present significant constraints to development. Wetlands t}pically form in areas
characterized by poor drainage conditions which are ill-suited for most t}pes of development.
Development in these. areas often involves extra expense resulting from considerations for site
drainage, flood protection and facility maintenance. In addition, wetlands are characterized by
h}~dric soils that are unstable for most t}pes of development. Ilydric soils tend to compress
under the weight of structures and decompose when drained. 'I"herefore, costs of development
may be greater due to complex engineering design requirements, or the need to excavate and
replace the soils. It is the intent of these regulations to protect public and private facilities and
Ordinance #1761: Effective ~~ugust 8, 2009. page 56-1
structures from damage, and to minimize public and private development and maintenance
costs.
D. It is not the intent of this chapter to prohibit all activities within regulated areas and associated
buffers, but rather to encourage the avoidance of regulated activities within the regulated areas
and to require best management practices iii regulated areas.
E. Nothing in this chapter shall be construed to prevent irrigation companies from diverting and
canS-ing water under historic water rights or owners of such rights from exercising those historic
rights.
F. Nothing in this chapter shall be construed to prevent compliance with applicable state or federal
statutes and regulations.
18.56.030 APPLICATION OF WETLAND REGULATIONS
_~. 'These regulations shall apply to any regulated activity- which may impact wetlands as defined in
Section 18.80.3170, B1~IC known prior to or discovered through the development review
process, and verified through a site-specific wetlands boundary determination. When any
regulated activity is proposed a wetlands boundar~~ determination shall be conducted. 1f the
determination finds that there are no wetlands present on the subject tract, these regulations
shall not apply. If, however, wetlands are found on the subject tract the proposal shall be
subject to these regulations. The provisions of this chapter shall be applied in addition to an}'
other applicable regulations of this title.
1. The wetlands boundary determination shall be prepared in accordance with the 1987
U.S. Arnry Corps of Engineers Wetland Delineation Manual of the ~T.S (1987 Corps
1\Ianual), or the most current wetland delineation manual sanctioned by the ,army, Corps
of Engineers (ACOE)-Omaha District by a qualified wetland professional.
2. ~ qualified wetland professional is an individual with a minimum of a bachelor's degree
in a water resource related field, five years experience, and/or a Professional Wetland
Scientist certification.
H. Isolated wetlands with a size of less than 400 square feet, regardless of properh~ boundaries, are
exempt from this chapter unless the wetland provides habitat for the following species:
1. Plant, animal or other wildlife species listed as threatened or endangered by the United
States Fish and Wildlife Ser~~ice; and/or
2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential
Concern, or Species on Review by the Montana Department of fish, Wildlife and Parks
and the 1\lontana Natural 1leritage Program.
C. Any development for which the watercourse setback requirements of X18.42.100, BMC are
provided is considered to have addressed the concerns of this chapter and is exempt from this
chapter.
D. This chapter is not intended to repeal, abrogate, supersede or impair any existing federal, state,
or local law, easement, covenant or deed restriction. I-Iowever, if this chapter imposes greater or
more stringent restrictions, the provisions of this chapter shall prevail. Specifically, if a regulated
activity pursuant to this chapter also requires authorization under Section 404 of the Clean
Water Act from the US Army Corps of Engineers, the applicant shall meet an}~ greater or more
stringent restrictions set forth in this chapter in addition to and independent of the restrictions
of such permit.
•
Ordinance #1761: Effective August 8, 2009.
page 56-2
18.56.040 WETLANDS REVIEW BOARD POWERS AND DUTIES
In addition to the duties established by Chapter 18.62, BMC, the WRB shall have the following powers
• and duties:
~~. Review wetland delineation boundaries and functional assessments for wetlands that ma}' be
impacted by regulated activities;
13. Based on wetland functional assessments and other submittal materials, make recommendations
to the Planning Director, Board of l~djustment (BOA), or Cit}~ Commission to allow or disallow
the regulated activit~~;
C. Recommend to the Plani~ig Director, BOA, or Citt~ Commission appropriate wetland buffer
widths based on the wetland delineation, functional assessment, and other submittal materials;
D. Recommend to the Planning Director, BOr~, or Cit}' Commission additional conditions on
regulated activities that are reasonabh~ necessai-~~ to carry out the purpose and intent of this
chapter;
1;. Provide recommendations to applicants regarding alternatives to design of developments that
minimize impacts to wetlands and other aquatic resources; and
F. 'Testify as needed before all boards, commissions and agencies on an}' matter affecting wetlands.
18.56.050 WETLANDS MAPPING
.~. The Bozeman Area Wetlands Map shall be adopted by resolution and shall, ili addition to the
submittal materials of Section 18.78.130, BMC, be used to ii~lplement this chapter.
B. "1'he Bozeman ~~rea Wetlands 1\Iap may be amended by resolution by means of the performance
of a wetland boundary determination. Wetland boundary determinations shall be performed in
. accordance with the procedures specified in the Federal Manual for Identifying and Delineating
Jurisdictional Wetlands (Januai~~, 1987).
1. 1~ CD-ROM contai»uig the wetland boundar}' determination and raw survey data (if
applicable) shall be provided for use in amending the Bozeman area Wetland 1\Zap. "The
data shall be reported in U"1"M %one 12 coordinates and N~D83 datum.
C. Pr7or to annexation, wetland boundai-~- determinations and functional assessments shall be
prepared for all wetlands on the property to be annexed.
18.56.060 REGULATED ACTIVITIES
~~. No person shall conduct any of the following regulated activities withvi a regulated wetland area,
as described iii 118.56.030 of this chapter, without first having the proposed activity reviewed by
the WRB and approved by the Planning Director, BOA, or Cite Commission as appropriate.
rlny activity in a regulated area which reduces the size of a wetland or reduces the degree to
which a wetland performs any function is subject to the requirements of this chapter, including
but not limited to:
1. Placement of any material, including without limitation an}~ soil, sand, gravel, mineral,
aggregate, organic material or water;
2. Construction, installation or placement of any obstruction or the erection of a building,
trail, boardwalk or other structure;
3. Removal, excavation or dredging of solid material of any kind, including without
limitation any soil, sand, gravel, mineral, aggregate or organic material;
4. Removal of any existing vegetation or any activity which will cause an~~ loss of vegetation
in a wetland;
Ordinance #1761: IJffective august 8, 2009. page 56-3
5. alteration of the water level or water table by an~~ means, including without limitation
draining, ditcl~ig, trenching, impounding or pumping; and
6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow
patterns, or flood retention characteristics by an~~ means, including without linutation
grading and alteration of existing topograph}'.
B. The followuig activities are permissible in a wetland area, without review by the WRB and
approval by the CitS~, if the activities do not reduce the size of a wetland or sigiuficantly reduce
the degree to which a wetland performs any function and ii1 compliance with and- other
applicable state or federal law:
1. Maintenance of an existing and lawful public or private road, structure or facilit}~,
including but not limited to drainage facilities, water conveyance structures, dams, fences
or trails, or an}~ facility used to provide transportation, electric, gas, water, telephone,
telecommunications or other services provided that these activities do not materially
change or enlarge any road, structure or facility;
2. Maintenance of an existing farm or stock pond, irrigation ditch, agricultural fence or
drainage system;
3. Weed control consistent with a Noxious Weed Management and Revegetation Plan
approved by the Gallatin Count) Weed Control District;
4. Continuation of existing agricultural practices such as the cultivation and hai-~restiilg of
ha}' or pasturing of livestock, or change of agricultural practices which has no greater
impact on wetland function;
5. Conservation or preservation of soil, water, vegetation, fish and other wildlife;
6. Outdoor recreational activities, such as fishing, birdwatching, hiking, rafting and
swimming which do not harm or disturb the wetland;
7. The harvesting of ~~~ild crops;
8. Education and scientific research;
9. Minor improvements and landscape maintenance within a required wetland buffer but
outside the bowldaries of a delineated wetland, including but not limited to the pruning
of trees, mowing of grass, and removal of dead vegetation and debris; and
10. activities in a wetland set forth in ~\18.56.090 of this chapter, including but not limited to
removal of debris and maintenance of vegetation and wildlife habitat.
18.56.070 APPLICATION REQUIREMENTS AND PROCEDURES FOR REGULATED
ACTIVITIES IN REGULATED WETLAND AREAS
r1. Review. all proposals for regulated activities in regulated wetland areas shall be reviewed b~~ the
WRB. The applicant shall prepare a functional assessment for all reviewed regulated wetland
areas. Based on the prepared functional assessment and other submittal materials, the WRB
shall forward a recommendation of approval, conditional approval or denial to the Planning
Director or City Commission.
B. approval. all proposals for regulated activities in regulated wetland areas shall be reviewed and
approved, conditionally approved, or denied by the Cit}~ in accordance with Chapters 18.06,
18.08, 18.34 and 18.36, BMC prior to commencement of the regulated activit}'~
1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity
is not proposed in conjunction with a land development proposal, the applicant shall
submit a sketch plan application for review and recommendation by the WRB, and
review and approval by the Planning Director.
Ordinance #1761: Effective august 8, 2009. page 56-4
C. Subnuttal materials. The information required in '~~18.78.130, 13I~IC shall be submitted for all
regulated activities proposed for regulated wetland areas.
D. Noticiii~. The review of regulated activities proposed for regulated wetland areas shall comp)}~
with the noticing requirements of Chapter 18.76, BI\1C.
18.56.080 REVIEW STANDARDS
The Cir<~ may approve, conditionall}~ approve or den}- a regulated activity in a regulated wetland area
based on a recommendation from the WRB, and if:
.~. 1"he applicant has demonstrated that all adverse impacts on a wetland have been avoided; or
li. "I'he applicant has demonstrated that an}' adverse impact on a wetland has been nunimized; the
activit}> will result in minimal impact or impairment to an}~ wetland function, and the activit}- will
not result in an adverse modification of habitats for, or jeopardize the continued existence of,
the following:
1. Plant, animal or other wildlife species listed as threatened or endangered by the Linited
States Fish and Wildlife Service; and/or
2. Plant, animal or other wildlife species listed as a Species of Concern, Species of Potential
Concern, or Species on Review b}' the l~lontana Department of Fish, Wildlife and Parks
and the I~lontana Natural Ileritage Program; or
C. 'I"he applicant has demonstrated that the project is iii the public interest, having considered and
documented:
1. The extent of the public need for the proposed regulated activity;
2. "I'he functions and values as determined b}~ a State of 1\Iontana accepted method of
• functional assessment of the wetland that may be affected by the proposed regulated
activin~;
3. "I'he extent and permanence of the adverse effects of the regulated activitt~ on the
wetland and an}' associated watercourse;
4. The cumulative adverse effects of past activities on die wetland; and
5. The uniqueness or scarcity of the wetland that may be affected.
18.56.090 WETLAND PERMIT CONDITIONS
"I'he WRI3 may recommend conditions of approval for proposed regulated activities, and the City may
conditional)}' appro~re proposed regulated activities, subject to the following conditions:
1. Requiring the provision of a wetland buffer of a size appropriate for the particular
proposed actieit}~ and the particular regulated wetland area;
2. Requiring that structures be appropriate)}~ supported and elevated and otherwise
protected against natural hazards;
3. l~Iodifyillg waste disposal and water suppl}~ facilities;
4. Requiring deed restrictions or covenants regarding the future use and subdivision of
lands, includuig but not limited to the preservation of undeveloped areas as open space.
and restrictions on vegetation removal;
5. Restricting the use of an area, which may be greater than the regulated wetland area;
6. Requiring erosion control and stormwater management measures;
• 7. Clustering structures or development;
Ordinance #1761: Effective August 8, 2009.
8. Restricting fill, deposit of soil and other activities which ma}~ be detrimental to a wetland;
page 56-5
9. Modifying the project design to ensure continued water supply to the regulated wetland;
and
10. Requiring or restricting maintenance of a regulated wetland area for the purpose of
maintaining wetland functions.
11. 1~ yearly Mitigation Monitoring Report to be submitted to the WRB on a yearl}~ basis,
with the due date to be determined on a case-by-case basis.
12. ~ Deed Restriction to be filed with the Gallatin Count} Clerk stating the measures that
will be taken to protect all water resources, mitigation, and buffer areas in perpetuity.
13. That all reasonable effort has been made to lanit indirect impacts to vegetation, faunal
interspersion and connectivity, and h~~drological connectivit<- iii the site design. (e.g. any
structures, boardwalks, viewvig platforms, bridges, constructed within wetlands will have
at least a 2-foot space between the bottom chord of structure and the wetland surface
elevation to limit shading impacts wetland vegetation to persist).
14. The WRB may recommend conditions to mitigate for locally-regulated (wetlands not
connected to a water of the L'.S.), infringement upon watercourses, buffers, or negative
indirect or direct affects on the functionality of wetlands, watercourses or buffers.
18.56.100 APPEALS
Depending upon the application procedure involved, decisions related to the approval or denial of
regulated activities proposed for regulated wetland areas may be appealed in accordance with the
provisions of Chapter 18.66, BI\1C.
18.56.110 ENFORCEMENT
Tlus chapter shall be enforced in accordance with the provisions contained iti Chapter 18.64, BI\TC
Ordinance #1761: Effecti~-e august 8, 2009.
page 56-6
•
•
CHAPTER 18.62
• DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW
BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR),
WETLANDS REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA)
18.62.010 PURPOSE OF DRC, DRB, ADR, WRB, AND BOA
A. Put _ ose. The Development Review Committee (DRC), Design Review Board (DR13),
Administrative Design Review staff (ADR) and Wetlands Review Board (WRB) are established
to coordinate, expedite and assure fair and equitable implementation of this title. The objective,
to be implemented through their procedures and deliberations, shall be to encourage
de~~elopment quality that will enhance both the natural and built ens=ironments, with
consideration to present and future propert)~ values, and to cart}' out the purposes of this title.
,~11 bodies authorized under this chapter may call upon any Cit}~ staff or other persons with
techivcal expertise, and may testify before any board, commission or other bode upon the
subjects for which they have responsibility.
1. DRC. '1 he DRC is established to evaluate all proposals subject to the pro~risions of tlus
title. "I'he DRC is the body charged with reviewing items relating to public health and
safer5~.
a. "I'he DRC shall act as an ad~~isory body to the Planning Director for site plans
when no variance or deviation is requested; and
b. The DRC shall act as an advisory body to the City Commission for larger and
more complex proposals including conditional use pernuts, planned wait
developments, all site plans involving variances or deviations, divisions of land,
zone map amendments, annexations and other actions as requested by staff or
the Cim Commission.
2. DRB. The DRB is established to evaluate aesthetic considerations of larger and more
complex proposals which are likely to produce sigi>ificant communit~~ impact and to
provide recommendations regarding such proposals to the Planning Director or Cit)~
Commission, subject to the provisions of this title.
a. The DRB shall act as an advisory body to the Planning Director for site plans
within overlay districts meeting one or more of the thresholds of ~A1834.040.0,
Bl~IC when no variance or deviation is requested; and
b. The DRB shall act as an advisory body to the City Commission regarding:
(1) Site plans within overlay districts meeting one or more of the thresholds
of 51834.040.0, BMC when variances or deviations are requested;
(2) Conditional use permits located within overlay districts, but excluding
conditional use permits for the purpose of accessory dwelling units and
conditional use permits which do not create additional building area;
(3) Planned unit developments;
(4) Appeals from ADR decisions; and
(5) Review of applications for barge Scale Retail.
c. The DRB may develop, and after adoption by the Cite Commission, apply
specific guidelines related to such concerns as architectural appearance, landscape
design and signage for the construction and/or alteration of structures, sites or
areas;
Ordinance #1761: F;ffective August 8, 2009. page 62-1
d. The DRB may review applicable development proposal applications for zoning
tear amendments, or applications for moving, demolition or and- other kind of
permit that may affect properties located within entryway corridors.
e. The DRB has responsibility for projects subject to jA18.34.040.0, BI\1C.
3. ADR. "I'he ADR staff is established as the review bod}' for aesthetic considerations of
smaller and less complex proposals which are less likely to produce significant
community impact and to provide recommendations regarding such proposals to the
Planning Director and City Commission, subject to the provisions of this title.
a. '1"he ADR staff shall act as the approval authority for sketch plans within overlay
districts when no variance or deviation is requested;
b. The ADR staff shall act as an advisoi-~~ body to the Planning Director for site
plans within overlay districts not meeting one or more of the thresholds of
X18.34.040.8 when no variance or deviation is requested;
c. "I'he ADR staff shall act as an advisory body to the Planning Director regarding
reuse~furthcr development permits within overly}' districts; and
d. 'I"he CDR staff shall act as an ad~-isoi-~- bod}' to the Cit}~ Commission regarding
all sketch plans and site plans not meeting one or more of the thresholds
X18.34.040.8 within overlay districts when variances or deviations are requested,
for conditional use permits for accessory dwelling units, conditional use permits
where no additional building area will ~be created, and non-PL'D divisions of
land;
e. The ADR may develop, and after adoption by the City Commssion, apply
specific guidelines related to such concerns as architectural appearance, landscape
design and signage for the construction and/or alteration of structures, sites or
areas; and
f. The ~~DR may review applicable development proposal applications for zoning
amendments, or applications for moving, demolition or any other hind of pernut
that may affect properties located within entryway corridors.
4. WRB. "I'he WRB is established to review wetland related submittal materials, prepare
functional assessments of regulated wetlands that may be impacted by proposed
regulated activities, evaluate the impacts proposed regulated activities may have on
delineated wetlands and to provide wetlands protection, mitigation and~or enhancement
recommendations regarding such proposals to the Planning Director, Board of
:adjustment, and City Commission, subject to the provisions of this title.
a. 'I he WRB shall act as an advisory body to the Planning Director for sketch plans
and site plans when no variance or deviation is requested.
b. The WRB shall act as an advisory body to the City Commission, or Board of
Adjustment if applicable, for larger and more complex proposals including
conditional use permits, planned unit developments, subdivisions, all site plans
involving variances or deviations, divisions of land, zone map amendments, and
other actions as requested by staff or the Commission.
5. BOA_ The BOA is established to consider zoning variances, deviations, site plans which
include variance or deviations, and conditional use permits, subject to the provisions of
this title. Variances and deviations are subject to Chapter 18.66 and conditional use
permits are subject to Chapter 18.34, in addition to the other relevant aspects of this
title.
Ordinance #1761: Effective August 8, 2009. page 62-2
B. Development Review Committee Procedures Established. 'To implement this purpose, certain
procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or
biweekly meeting attended b~~ representatives of each of the Ciry departments charged with
development review. Each department shall have the ability and authoritt~ to require the DRC to
make a recommendation of derual when in their view the project can not meet the requirements
and review criteria of this title and acceptable conditions do not exist to cure the identified
failings of the project. Written meeting reviews, in the form of staff reports or summary reviews
prepared by the Planning Department, shall be made settilzg forth the DRC's recommendation
to the Planning Director or Cit}' Commission and reasons for requiring such conditions as ma}~
be deemed necessary b~~ the DRC. "These records shall be preseitied as part of the official file for
each development proposal. l,asth~, the DRC shall generally follow "Robert's Rules of Order"
and may prepare and adopt supplemental procedural rules that will assure the accomplishment
of the stated purpose and promote the efficiency and effectiveness of the developmental review
process.
1. The DRC shall at a minimum be composed of the following personnel: City Engineer or
designee, Fire 1~Iarshal or designee, the Streets Superintendent or designee, the Sanitation
Superintendent or designee, the Water/Sewer Superintendent or designee, the Planning
Director or designee and the Building Official or designee. When necessai7~, other
members of the comnuttee may include: the Director of Public Safety or designee, the
Superintendent of Facilities and Public Lands or designee, the Superintendent of
Recreation or designee, the Cit}' 1~lanager or designee, with other individuals to be
included as necessar}- at the Planning Director's request.
2. When applicable, the DRC may solicit the input of non-Cin> agencies and persons
including, but not limited to, the county subdivision review officer or designee, the
Count}' Sanitarian or designee, the County Road Superintendent or designee, and state or
federal agencies, with other individuals to be included as necessary.
C. Design Kevicw Board Procedures Established. To implement this purpose, certain procedures
shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly
meeting attended by members of the DRB. Written meeting reviews setting forth decisions and
findings shall be made. 'These records shall be presei-~red as part of the official proceedings for
each developmental proposal. I_.astly, the DRB shall generally follow "Kobert's Rules of Order"
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the design review process.
1. The DRB shall consist of six professional and two nonprofessional members.
Professional members shall be degreed in their respective disciplines and/or otherwise.
licensed or certified b}' their respective professional authorities. ~n appointment to a
term of sei-~rice on the DRB is for two }ears. "The professional contingent shall consist of
three architects and at least one architectural historian, and at least one landscape
architect or landscape designer. rat least one of the professional members shall have
demonstrated expertise in urban design. Nonprofessional members shall be individuals
with an interest in, or knowledge of, urban design or historic presernation. No member
of the DRB shall set-~-e concurrently as a member of the Planning Board or Zoning
Commission. r1 quorum of the DRB shall be four voting members and one of the
members constituting the quorum must be an architect. In the event a quorum of the
DRB may not otherwise be attained, the ~~DR staff may serve as alternates to prevent
delay in project reviews.
2. In selecting the members, the City Commission shall give preference to residents of the
City of Bozeman. lgowever, where a qualified professional resident is not available to
Ordinance #1761: Effective ~~ugust 8, 2009. page 62-3
serve, the City~ Commission may appoint a professional member who practices
professionall}~, owns property or owns a business within the City. Where a
nonprofessional resident is not available to serve, the City Commission ma}' appoint a
nonprofessional member who works, owns propert}~ or owns a business within the Cit}°.
D. l~dnunistrative Design Re~riew Staff Procedures Established. "I'o implement this pL~rpose,
certain procedures shall be adopted for the administrative evaluation of a proposal without
public notice or comment, unless a deviation from the underlying zoi~ig is requested. after a
proposal has been evaluated b}~ the r~DR staff, the~~ shall issue a written decision that shall
ilichude findings and may include a notice of required corrections. The CDR staff ma}~ call a
conference with the applicant to determine design alternatives, or the applicant may call a
conference with the CDR staff for the same purpose. !fin}~ such conference shall be conducted
prior to the issuance of a building permit for the proposal.
1. r1DK staff shall consist of two Planning Department staff members. One member shall
be degreed or otherwise licensed or certified by his/her respective professional
authorities in an environmental design discipline such as architecture, landscape
architectw-e or urban design. The second member shall be the Planning Director or
his/her designee who ma}' or may not be degreed in architecture. In the event that
necessary CDR staff is nor a~railable, the DRB ma}~ act to provide design review services.
h?. Wai~rer of Design Review. In the event that neither the DRB nor the ;CDR staff as established
in this chapter are able to complete a quorum or have the necessary personnel to conduct the
reviews otherwise required by this title, the requirement for review b}' DRB or ~yDR is waived.
Nothing in this section shall constitute a waiver of the required review criteria established vi
Chapters 18.28, 1830, 18.36, and 18.56, BMC.
F. Wetlands Review Board Procedures Established. The WRB will be convened as necessary to
re~riew proposals that involve regulated activities and ma}~ impact regulated wetlands based on
the provisions contained m Chapter 18.56, BI\IC. I o unplement this purpose, certain
procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to
be attended b}~ members of the WRB. Written meeting reviews setting forth decisions and
findings shall be made. 'These records shall be preserved as part of the official proceedings for
each development proposal Lastl}~, the WRB shall generally follow "Robert's Rules of Order"
and may prepare and adopt supplemental procedural rules, upon the approval of the City
Commission, that will assure the accomplishment of the stated purpose and promote the
efficient}~ and effectiveness of the wetland review process.
1. The WRB shall consist of six members. An appointment to a term of service on the
WRB is for two years. 1~Iembers shall be degreed in their respective disciplines and/or
otherwise licensed or certified by their respective professional authorities. Members shall
have experience in at least one of the following wetland and/or stream specializations:
ecolog}~, soils, botan}', and/or h}~drolog}'..
2. In selecting the members, the City Comnssion shall give preference to residents of the
City of Bozeman. Ilowever, where a qualified resident is not available to serve, the City
Commission ma}' appoint a member who practices professionall}~, owns property or
owns a business within the City.
G. Board of adjustment Procedures Established. The BOA will be convened as necessary to
review applications for ~rariances or deviations or applications involving variances or deviations.
'The BOIL will also review applications for conditional use permits. 'To implement this purpose,
certain procedures shall be adopted which may include, without limitation, a regularly scheduled •
weeldy or biweekly meeting attended by members of the BOA. 1~ record of the reviews and
decisions shall be made. These records shall be preserved as part of the official proceedings for
Ordinance #1761: Effective l~ugust 8, 2009. page 62-4
each deg=elopment proposal. 1_,astly, the BOr1 shall generally follow "Robert's Rules of Order"
and may prepare and adopt supplemental procedural rules, upon the approval of the Cit}'
Commission, that will assure the accomplishment of the stated purpose and promote the
efficiency and effectiveness of the review process.
1. The BOA shall consist of 7 members. The term of appouitment is for 3 years, with
staggered terms. Members shall be appointed by the CitS~ Commission. 1~ member may be
removed per Section 76-2-322, MC.~. The concurring vote of four members of the board is
required to take official action.
2. In selecting the members, the Cit)~ Commission shall give preference to residents of the
Cite of Bozeman. I lowever, where a qualified resident is not available to ser-~=e, the CitS~
Commission may appoint up to one non-resident member who practices professionally,
owns propertt~ or owns a business witl>in the Cite.
a. Preference should be given to applicants who hay=e prior experience with local
government, who will uphold the intent and purpose of the Cit<~'s land use
regulations, and who will honor the purpose of a Board of 1~djustment.
18.62.020 GENERAL PROCEDURES, NOTICE AND TIMING
~~. Informal advice and Direction. ~1 person or organization considering an~~ construction, building
or site alteration, rezoning or other development activity, ma}' approach the DRC, DRB, ~~DR
or WRB for informal advice and direction. Such discussion shall be treated as ads=isory by both
parties and shall record only the fact that contact had been made..yn informal review by the
DRC and/or DRB ma~~ be requested by submitting a completed application form provided by
the Planning Director along with any schematic development plans or wt7tten narrative at least
one week prior to the next regularly DRC and~or DRB meeting. ~~n informal review by the
WRB may be requested by submitting a completed application form provided by the Planning
Director along with a wetland delineation for the regulated wetland, development plans or
written narrative describing the proposed regulated activity and a WRB meeting will be
convened within two weeks of application submittal. The initial informal review by an applicant
or owner for a specific parcel shall be conducted without a fee. ~ fee, set in accordance with the
fee resolution adopted by the Cit)~ Commission, shall be charged for a second or subsequent
informal review requested by the same applicant and~or owner for the same real propert~~ as a
prior informal review. No application is required for informal review or advice by the ~yDR staff.
B. Formal l~g~lication. .fin application for DRC, DRB, ADR and/or WRB consideration of a
development proposal must be submtted utilizing a form available from the Planning Director.
Material to be submitted with the application shall include the elements set forth within the
requirements for the t<~pe of proposal to be considered, i.e., sketch plan, site plan, conditional
use permit, certificate of appropriateness, planned unit development, divisions of land, etc. as
outlined u1 this title. It is recommended that the applicant discuss the application informally ~~=ith
the DRC, DRB, ~~DR or WRB prior to formal submission to help expedite the process.
Depending upon the size of the proposed project, its location and type, the applicant may be
directed to one or more agencies of the CitS= for processing.
C. Public Notice. Public notice for any proposal before the DRC, DRB, I~DR or WRB that
requires such notice shall be provided in accordance with Chapter 18.76, BMC.
D. DRC. DRB, 1~DR or WRB ruction. By no later than 30 working days from the date of the first
regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at which
the applicants' proposal was initiall}' reviewed, the DRC, DRB or WRB shall take action to
recommend approval, approval with conditions, table pending submission of revised or
Ordinance #1761: Effective august 8, 2009. page 62-5
additional materials or recommend detual of the applicant's proposal, unless the applicant grants
a written extension to the review period. Tor proposals subject to allx review, the. aDR staff
shall recommend approval, approval with conditions, delay pending submission of revised or
additional materials or denial of the applicant's proposal.
E. BOa action. after the applicants' proposal is found sufficient for review, the schedule for BO,~
action to appro~~e, approve with conditions, table pending submission of revised or additional
materials, or deny the applicant's proposal shall be established.
•
•
Ordinance #1761: Effective august 8, 2009.
page 62-6
CHAPTER 18.64
ADMINISTRATION, FEES AND PENALTIES
•
18.64.010 REVIEW AUTHORITY
~~. The City Commission has the right to review and require revisions to all development proposals
subject to this title, and delegates that authority in certain circumstances as set forth below to the
Planning Director and Board of Adjustment, reser-~=ing to itself the right to hear appeals from
decisions of the Planning Director and informational hearings required by Section 76-2-402,
~1C1~. The purpose of this review is to prevent demonstrable adverse impacts of the
development upon public safety, health or general welfare, or to provide for its mitigation; to
protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other
facilities; to consei-~re the value of adjoining buildings and/or property; to protect the character
of Bozeman; to protect the right of use of property; advance the purposes and standards of this
title and the adopted growth polic}'; and to ensure that the applicable regulations of the City are
.
upheld.
B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB as ma}'
be applicable approve, approve with conditions or deny all applications subject to this title,
except master site plans, conditional use permits, planned unit developments and subdivisions,
or any application involvnig deviations or variances. Decisions of the Planning Director are
subject to the appeal provisions of Chapter 18.66, B1~IC,
1. Exception. i'he City Commission ma}', by an affirmative, simple majority, vote of its
members at a regularl}- scheduled meeting reclaim to itself the final approval of a
development normally subject to the approval of the Planning Director. The vote shall
occur prior to the action of the Planning Director.
C. The Board of Adjustment shall, upon recommendation from the DRC, DRB, ADR or WRB as
ma}' be applicable approve, approve with conditions or den}- applications for all ~Tariances and
deviations, site/sketch plans with variances or deviations, or conditional use permits subject to
this title, except planned unit developments and subdivisions. Decisions of the BOA are subject
to the appeal provisions of Chapter 18.66, BMC,
1. Exception. The Cit}' Commission may, by an affirmative vote of three of its members at
a regularly scheduled meeting reclaim to itself the final approval of a development
normally subject to the approval of the Board of Adjustment. The vote shall occur prior
to the action of the Board of Adjustment.
D. ~~s detailed in Chapter 18.62, B1~IC, the City Commission authorizes the Development Review
Committee, Design Review Board, administrative design review staff, Wetlands Review Board,
and other advisor~~ bodies as applicable, to review and to make recommendations to the
Plam~ig Director, BOA, or City Commission regarding development proposals.
E.. The City Commission or its designated representatives may require the applicant to design the
proposed development to reasonably minimize potentially significant adverse impacts identified
through the review required by these regulations. The City Commission or its designated
representatives ma}~ not unreasonably restrict a landowner's abilit}~ to develop land, but it is
recognized that in some instances the unmitigated impacts of a proposed development may be
unacceptable and will preclude approval of the development as submitted. Recognizing that the
standards of this title are minimum requirements and the public health, safety, and general
welfare may be best ser~-ed by exceeding those minimums, the Cit}~ Comnssion or Planning
Director may require as a condition of approval, additional landscaping, screening, tuning
requirements, setbacks or other mitigation exceeding the minimums of this title.
Ordinance #1761: F.,ffective August 8, 2009. page 64-1
18.64.020 ADMINISTRATION AND ENFORCEMENT - PLANNING DIRECTOR
AUTHORITY
~~. The Planning Director, or his/her designated representative, shall adnunister and enforce this
title. He~she may be provided with the assistance of such other persons as the Planning Director
may super-~rise and those assistants shall have essentially the same responsibilities as directed b~~
the Planning Director.
B. `The Planning Director ma}~ in the administration of this title consult with other persons ha~rnig
expertise in relevant subject areas as in his/her opinion is necessary for the review of the
proposed development or administration of the title.
C. If the Planning Director shall find that any of the provisions of this title are being violated,
he/she shall notify in writing the person responsible for such violations, indicating the nature of
the violation and ordering the action necessary to correct it He~she shall order discontviuance
of illegal use of land, illegal additions, alterations or structural changes; discontinuance of an~~
illegal work being done; or shall take any other action authorized b}' this title to enstue
compliance with or prevent violation of its provisions.
18.64.030 ENFORCEMENT -PLANNING DIRECTOR
This title shall be enforced b~~ the Planning Director and his/her authorized representatives. No
development approval, subdivision approval, building permit or business or occupational use license
shall be issued, except in compliance with the provisions of this title.
18.64.040 STOP-WORK ORDER -PLANNING DIRECTOR, BUILDING OFFICIAL, CITY
ENGINEER AUTHORITY
Whenever any subdivision, development or building work is beiirg done contrary to the provisions of
this title, the Planning Director shall order the work stopped b}' notice in writing ser-~~ed on an~~ person
engaged iii doing or causing such work to be done, and any such person shall forth~a-ith stop such work
until authorized by the Planning Director to proceed with the work. "I'he Building Official or City
Engineer may also issue astop-work order when building work is being done contrary to the provisions
of this title.
18.64.050 PERMISSION TO ENTER
'The CitS~ Commission, or its designated agents, may conduct such investigations, examinations and site
evaluations as they deem necessary to verify- the information supplied. 'The subnvssion of material or a
plat for review shall constitute a grant of permission to enter the subject propertt~. The grant of
permission shall continue until all fuial actions required by the approval process have been completed.
18.64.060 INACCURATE OR INCOMPLETE INFORMATION AND WAIVERS
~. The City shall review each submitted application for completeness and sufficiency as
described in ~~S 18.06.040 and 18.34.070, BMC.
B. The final approval body may withdraw approval or conditional approval of a preliminary plat or
other development approval if they determine that information provided b~- the applicant, and
upon which approval or conditional approval of the preliminary plat or other development was
based, is inaccurate or incomplete.
1. Within thirt~~ calendar days following approval or conditional approval of a preliminary
plat or other development application, any person or agency that claims that information
provided b}' the applicant is inaccurate or incomplete may submit the information and
proof to the planning department.
Ordinance #1761: Effective l~ugust 8, 2009.
page 64-2
2. 1'he Planning Department shall investigate the claim, the accompanying information and
proof, and make a report to the final approval authorit}' (Cit~> Commission or the
Plaruiing Director) within thirty working days after receipt of the information. If the
final approval authority is the CitS~ Commission, the Commission shall consider the
information and proof, and shall make a determination regarding die claim at a regular
meeting. Notice of the meeting or presentation of the report shall be given to the
claimant and the applicant.
18.64.070 COORDINATED REVIEWS
~Y~hen a proposed subdivision, development or use is also proposed to be annexed to the Cite of
Bozeman, the Cit)~ shall coordinate the development review and annexation procedures to minimize
duplication of hearings, reports, and other requirements whenever possible. The Cir}~ Commission shall
also hold joint public hearv~gs on the initial zoning and the annexation whenever possible. Based upon
the circumstances of proposed development the CitS- may require sequential review of applications.
18.64.080 DATE OF SUBMITTAL AND ASSOCIATED REVIEW STANDARDS
1~. Subdi~~ision. Review and approval or disapproval of a subdivision under these regulations ma}~
occur only under those regulations in effect at the time a subdivision application for approval of
a preliminai-~~ plat is deemed sufficient according to 518.06.040, B1~2C, or for an extension under
Chapter 18.06, BI\IC is submitted to the CitS~ of Bozeman.
B. Non-subdivision. Review of nonsubdivision applications shall be under such regulations as are
in effect at the time an application for approval of a preliminary site plan is deemed complete
according to ~~ 18.34.070, B1~1C; except that an interim zoning ordinance adopted according to ~jA
76-3-306, 1~1C~ shall apply to a nonsubdivision application without limitation to the date of
completeness of the application until final action has been taken on the application. .~~n
applicant may waive, in writing, the shield from changing ordinances established by this section.
In the event that such wai~rer is provided, the non-subdivision application shall be reviewed
under the ordinances iii effect on the date of the final action on the application.
18.64.090 PLANNING DIRECTOR AND BUILDING OFFICIAL -PLAN APPLICATION
CHECKING -NOTICE OF NONCOMPLIANCE
.~. It is the ilitent of this title that the Planning Director and Building Official, or their designees,
shall check all development plans and applications for permits for compliance with this title both
before and during construction.
B. If, during dais procedure, the Phamiing Director and/or the Building Official deems that the
proposed plan or construction does not comply with this title, he shall inform the applicant of
the infraction and shall stop all construction on the project until such time as the applicant,
builder or principal revises his plan to conform to this title and~or fulfills the requirements of
anj- mandated review procedure(s) as set forth in this title.
18.64.100 BUILDING PERMIT REQUIREMENTS
No building or other structure shall be erected, moved, added to or structurally altered and no land use
shall be changed without ~ralid permits as prescribed in this chapter.
,~. Only minor site surface preparation and normal maintenance shall be allowed prior to
conditional approval by the appropriate review authority and the issuance of a building pernut,
providing that such activity does not include excavation for foundations or the removal of
mature, healthy vegetation. ~~liiior site surface preparation means disturbing less than one-half
acre, movement of 30 cubic yards or less of material, or a cut or fill of less than cumulative one
foot whichever is less. l~nv excavation and site disturbance must be in conformance with an
Ordinance #1761: I~ffective august 8, 2009. page 64-3
approved storm water control plan. Upon conditional appro~'al by the appropriate review
authority, excavation for foundations and the preparation of forms ma}~ occur. However, no
concrete shall be poured and no further construction shall commence until final site or sketch
plan approval has been granted and until building permits ha~re been issued. Proceeding prior to
building permit issuance is at the. hazard of the lando~vncr.
1. EZCEPTION: When construction and funding of public streets are occurring under
the provisions of Chapter 18.36, Bl~IC, Planned Unit Development (I'UD), the issuance
of building pernuts ma~~ be allowed prior to completion of infrastructure. improvements,
pursuant to the provisions established in Chapter 18.74, BMC.
B. Building Permit. Within the limits of the Cite, building permits shall be obtained by following
the latest version of the International Building Code (International Code Council, 5360 South
Workman 1~Iill Road, Whittier, California) adopted by the Cin~.
C. The building permit shall be obtained by application to the Building Official. Applications shall
be accompanied by plans iii duplicate, drawn to scale showing the actual dimensions and shape
of the lot to be built upon; the legal description of the parcel; the exact sizes and location on the
lot(s) of buildings already existing, if an}'; the location and dimensions of the proposed buildings
or alternatives; and two copies of the approved site plan or sketch plan as approved under
Chapters 18.34, 18.36, etc. of this title.
D. One copy of the plans shall be returned to the applicant after the Building Official and Plamiing
Director have marked each cop}' either as appro~red or disapproved and attested to same by their
signatures. "The second copy similarly marked shall be retained by the Building Department.
I?. Approval of anv plan that has been granted based upon false information provided by the
applicant shall be deemed void without requirement for further action by the Cite.
F Based upon an approved sketch, site plan, certificate of appropriateness, conditional use permit
or planned unit development (hereinafter referred to as "plan"), and after any appeals have been
resolved, a building permit for the site may be requested and may be granted, provided such
building permit is granted within one year of plan approval. Prior to lapse of one year, the
applicant may seek an extension of one additional year from the Planning Director. In such
instances, the Planning Director shall determine that the terms and circumstances have not
significantly changed since the iizitial approval.
18.64.110 PERMIT ISSUANCE -CONFORMITY WITH REGULATIONS REQUIRED
No permit or license of any t}~pe shall be issued unless in conformance with the regulations contained
within this title. Permits issued on the basis of plans and applications approved by the Building Official
and Planning Director authorize only the use, arrangement and construction set forth in such approved
plans and applications, and no other use, arrangement or construction. Use, arrangement or
construction at variance with that authorized shall be deemed a violation of this title, punishable as
provided in this chapter.
18.64.120 PERMITS ISSUED CONTRARY TO TITLE DEEMED VOID
Any authorization, including without limitation subdivision approval, site plan approval or building
permit, issued, granted or approved in violation of the provisions of this title shall be null and void and
of no effect without the necessity of any proceedings or a revocation or nullification thereof, and any
work undertaken or use established pursuant to any such building permit or other authorization shall be
unlawful.
•
Ordinance #1761: Effective August 8, 2009. page 64-4
18.64.130 EXPIRATION OF PERMITS
1~~~er}~ permit issued b~T the Building Official under the pro~Tisions of this title shall expire b5~ Iinutation
and become null and void if the building or work authorized b}~ such permit has not commenced within
18U calendar days from the. date of such permits, or if the building or work authorized by such permit is
suspended or abandoned at any time after the work is commenced for a period of 120 calendar days.
Before such work can be recommenced, a new permit shall first be obtained to do so, and the fee
therefore shall be one-half the amount requited for a new permit for such work, provided no changes
have been made or will be made in the original plans and specifications for the work, and provided
further that such suspension or abandonment has not exceeded one year.
18.64.140 FEE SCHEDULE
~~. The City Commission shall establish a schedule of fees, charges and expenses and a collection
procedure for reviews, permits, appeals and other matters pertaining to this title. "I'he schedule
of fees for the procedures listed below shall be set from time to time b}~ the Cit,~ Commission by
resolution. The fees shall be available in the office of the Planning Director and may be altered
or amended onlti, by the Cit<~ Commission.
B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned
unit deaelopment, deviation or variance shall be issued unless or until such costs, charges, fees
or expenses have been paid in full, nor shall any action be taken on proceedings before the
adniinistiative design review staff, Development Review Committee, the llesign Review Board,
the Toning Commission, the Planning Board or the CitS~ Commission until fees have been paid
in full.
18.64.150 COMPLAINTS OF ALLEGED VIOLATIONS -FILING AND RECORDING
Whenever a violation of this title occurs or is alleged to have occurred, any person may file a written
complaint Such complaint, stating fully the causes and basis thereof shall be filed with the Planning
Director. I Ic shall record properly such complaint and immediately investigate and take action thereon
as provided by this title.
18.64.160 VIOLATION - PENALTY - ASSISTING OR ABETTING - ADDITIONAL
REMEDIES
~~. Violation of the provisions of this title or failure to comply with any of its requirements
including violations of conditions and safeguards established in connection with the grant of
variances or conditional uses or any of the required conditions imposed by the Planning
Director and/or Cit3~ Commission shall constitute a misdemeanor. I~ny person who violates this
title or fails to comply with any of its requirements shall upon con~riction thereof be fined or
imprisoned or both, as set forth isi state law regarding subdivision and zoning, and in addition
shall pay all costs and expenses involved in the case except as stated in subsection D of this
section.
1. Each da}- such violation continues shall be considered a separate offense and punishable
as such.
2. For violations relating to plats each sale, lease or transfer of each separate parcel of land
in violation of any provision of these regulations or the l~7ontanan Subdivision and
Platting pct shall be deemed a separate and distinct offense.
B. The code compliance officer is authorized to issue a notice to appear under the provisions of
~jA46-6-310,1\ZCl~ to any violator of this title.
Ordinance #1761: Effective r~ugust 8, 2009. page 64-5
C. "I'he owner or tenant of any buildilig, structure, premises or part thereof, and any architect,
builder, contractor, agent or other person who commits, participates in, assists or maintains such
violation may each be found guilty of a separate offense and suffer the penalties herein pro~~ided.
D. If transfers not in accordance with these regulations or the Montana Subdivision and Platting
l~ct are made, the City attorney shall commence action to enjoin further sales or transfers and
compel compliance with all provisions of these regulations. The cost of die action must be
imposed against the parry not prevailing.
E. When a violation has not been corrected by the property owner after written notice from the
City, the enforcement officer or Planning Director may seek approval for filing at the Gallatin
County Clerk and Recorder's Office a Notice of Violation or Noncompliance. Such notice shall
sei~Te to advise potential purchasers of existing violations of this title or of on-going
enforcement actions regarding a property. Such notice shall clearly state that the parcel or
development on the parcel is iii violation of this title and that correction of the ~riolation must be
made prior to the Ciry approving additional development or redevelopment of the site. The
notice shall also describe the nature of the violation and applicable citations to the relevant
sections of this title.
1. When such a notice is to be filed the enforcement officer shall either:
a. Through the office of the Cit)~ attorney bring an action for civil and/or
injunctive relief that requests a court order to record a Notice of Violation or
Noncompliance; or
b. Schedule a public meeting to be held before the Ciry Commission with the
intention of receiving an order from the Ciry Commission confirming the aalidit<~
of the violation and the need for correction, and authoriz>lig the recording of the
Notice of Violation or Noncompliance. Nonce of such a hearing shall be
provided as required by Chapter 18.76, BMC.
2. When a violation has been corrected for which a Notice of Violation or Noncompliance
was filed, the Ciry shall record a release of noncompliance indicating that the prior
violation has been corrected. The property owner is responsible for notif}-ing the
Planning Department iti writing of the correction of the violation or noncompliance.
Upon receipt of such notification be the property owner, the enforcement officer shall
conduct an inspection to verify correction prior to the. recorduig of the release.
F. The Cite may maintain an action or proceeding in a court of competent jurisdiction to compel
compliance with, or to restrain by injunction the violation of, any provision of this title.
G. Nothing herein contained shall prevent the Cin~ from taking such other lawful action as is nec-
essary to prevent or remedy any violation.
H. Violation of this Title is a municipal infraction and may be punishable by a civil penalt}' as
provided in Section 1.24.040 B1~7C, in addition to other remedies of Section 18.64.160 except
that the Court shall impose the following minimum civil penalties.
1. Each day such violation continues shall be considered a separate offense and punishable
as such. The minimum civil penalty for violation of this title by the same person for the
same violation within a 12 month period shall be:
a. First citation $100.00
b. Second citation X150.00
c. Third and subsequent citations $200.00
d. The determining factor with respect to the civil penalty is the receipt of sernice
of the citation and not the judgment.
Ordinance #1761: Effective august 8, 2009.
page 64-6
CHAPTER 18.72
SUPPLEMENTARY DOCUMENTS
18.72.010 GENERAL
When required, the supplementar>> documents described in this chapter shall be submitted in draft form
with the prelirninar-~~ plat or plan, and signed and notarized with the final plat or plan. 'I"he proper
notai~- block shall be used.
18.72.020 PROPERTY OWNERS ASSOCIATION
1~. General. If common propert}' is to be deeded to the property owners association or similar
organization, of if the property owners association will be responsible for the maintenance of the
development's streets, centers, landscaping in street boulevards, parkland or pathways, property
owners association bylaws or the declaration of covenants, conditions and restrictions shall be
prepared and recorded with the final plat.
B. Bylaws or Co~~enants, Conditions and Restrictions Contents. I'he property owners association
bylaws or declaration of covenants, conditions and restrictions shall contain the following
information:
1. IVlembershin. :automatic and mandator~~ membership for each property or unit buyer
and any subsequent buyer.
2. Common Land/Facilities. The legal description of the common hand and a description
of common facilities.
3. Enforcement. Persons or entities entitled to enforce the restrictions, responsibilities and
payment of assessments, inchuding the City of Bozeman.
4. Perpetual Reservation. Perpetual reservation and limited use of common property.
5. Right to Use. The right of each property or unit owner to use and enjoyment of any
common property or facility.
6. Responsibility. Responsibility for liability insurance, any applicable tax assessments and
the maintenance of any common property or facilities to be placed in the association.
7. l~ssessments. ~1 mechanism to assess the common expenses for the land or facilities
itlcluding upkeep and maintenance expenses, real estate taxes and insurance prenuums.
.lssessments shall require each property or unit owner to pay a pro rata share of the. cost
of any common expenses, with any assessment charged by the association becoming a
lien where necessary on individual parcels. Safeguards against unreasonably high charges
and provision to adjust assessments may be provided.
8. ~~ mechanism for resolving disputes among the owners or association members.
). 'The conditions and timing of the transfer of ownership and control of land facilities to
the association.
10. any other matter the developer or the City of Bozeman deems appropriate.
11. In the e~~ent it becomes necessary for a property owners association to retain an attorney
to enforce any of the association bylaws or covenants, conditions and restrictions, then
the prevailing party shall be entitled to reasonable attorney's fees and costs.
C. If the property owners association fails to install or maintain improvements according to
approved plans, the City may, at its option, complete construction of improvements and/or
maintain improvements in compliance with X18.72.030 and Chapter 18.74, BI\IC. The CitS-'s
representative, contractors and engiizeers shall have the right to enter upon the propert~~ and
Ordinance # 1761: Effective august 8, 2009. page 72-1
perform such work, and the proper~~ owners association shall permit and secure anv additional
permission required to enable them to do so. The Cit)~ shall bill the propert}' owners association
for an}' costs associated with the installation or maintenance of improvements.
18.72.030 COVENANTS
The Cit}' of Bozeman may require covenants to be recorded with the final plat when it is determined
the}' are necessary for the protection of the public health, safety and general welfare. loll covenants shall
be considered to run with the land. If the covenants are not marked or noted on the final subdivision
plat, they shall be contained in a separate instrument which shall be recorded with the final plat. 'The
covenants may be required to include, but are not limited to, the following provisions:
.~. 'That al} county declared noxious weeds will be controlled.
B. ~ section addressing agricultural uses of neighboring properties in the following form:
Loto7vne~~~ and re.ridentr of the sr~Gdi~~i.rion are i~zfornaed that adjacent ~>.re.r mq~~ Ge an~zcnlt~~ral. I a1 nwne~:r
~a~•cept and are aware that .rtUndard a~rzr~nltnral a~~rl~ jarmina~r~c7i~•e~ ran re~~~~11 ire dz~.,t, a~ai»~Ul odors q»rl noi,;e,
,rmoke, flier, and machine~y~ noire. Standard ad~icnltnrgl~rar.•tice~~ feats>re the r>.re of beaa~}' ey~~zj~menl, c•he~ni~~al
.rprgy.r c~nd the nre of maehine~y Pgrly in the morning and .cometime.r late into the eveni~~~.
C. That all fences bordering agricultural lands shall be maintained by the landowners in accordance
with state law.
ll. The property owners association shall be responsible for the maintenance of subdivision streets,
common open space, centers, pathways, landscaping iii street boulevards and/or parks.
E. That any covenant which is required as a condition of the preliminai-~~ plat approval and required
by the City Commission may not be amended or revoked without the mutual consent of the
owners ili accordance with the amendment procedures in the covenants, and the Cit}~
Commission.
h. The condition and timing of the transfer of the property owners association from developer to
the subsequent purchasers.
G. Common area and hacilit<~ 1\~Iailltenance Plan. The developer shall submit a legal instrument
setting forth a plan providing for the permanent care and maintenance of common areas and
facilities. These common areas and facilities shall include but are not limited to commonl~~
owned open spaces, recreational areas, facilities, private streets and parking lots. 'These common
areas and facilities shall also include but are not limited to public parks, squares, open space,
recreation areas, trails, as well as any public streets, avenues and alleys not accepted by the Cit<~
for maintenance. The same shall be submitted to the Cite attorney and shall not be accepted by
the City until approved as to legal form and effect. If the common areas are deeded to a
property owners association, the applicant shall record the proposed documents governing the
association at the time of final plat filing. such documents shall meet the following requirements:
1. 'The propert)~ owners association must be established before any residences or other
properties are sold;
2. Membership iii the association must be mandator}~ for each propert<~ owner with a
specified method of assigning voting rights;
3. Open space restrictions must be permanent and not for a period of ~~ears;
4. 'I"he propert}' owners association must be made responsible for liabilit)~ insurance, taxes,
and maintenance of common facilities;
5. The association must have the power to le~~, assessments which can become a lien on
individual premises for the propose of paying the cost of operating and maintaining
common facilities; and
Ordinance # 1761: Effective august 8, 2009.
page 72-2
6. `1'he governing board of any such association shall consist of at least five members who
shall be owners of propertt- in the development.
II. Common r~rea and l~acilitti~ 1\Iaintenance Guarantee. In the event the organization or any
successor organization established to own and maintain common areas and facilities, shall at an~~
time fail to maintain the common areas or facilities in reasonable order and condition in
accordance with the approved plan, the Cit,~ Commission may cause written notice to be sei-~~ed
upon such organization or upon the owners of property in the development. "1'he written notice
shall set forth the manner iii which the common areas or facilities have failed to be maintained
iii reasonable condition. In addition, the notice shall include the demand that the deficiencies
noted be cured within thirr5~ days thereafter and shall state the date and place of a public meeting
to be held within fourteen days of the notice. ~t the tune of public meeting, the CitS~
Commission may modif~~ the terms of the original notice as to deficiencies and may extend the
time within which the same may be cured. If the deficiencies set forth in the original notice or
modifications are not cured within die time set, the CitS~ may enter upon such common facilities
and maintain the same for a period of one year, in order to presei-~re the taxable values of
properties within the development and to prevent the common facilities from becoming a public
nuisance. Such enti-~~ and maintenance shall not vest in the public any right to use the common
facilities not dedicated to public use. Before the one year period expires, the Commission shall,
upon its own initiative or upon written request of the organization theretofore responsible for
maintenance, call a public meeting and give notice of such meeting to the organization
responsible for maintenance or the property owners of the development. 3t the hearing, the
organization responsible for maintenance and/or the residents of the development may show
cause wh~~ maintenance b~~ the Cit}' should not be continued for a succeeding year. If the Cin~
Commission determines that it is not necessai~~ for the Citi}~ to continue such maintenance, the
Cin~ shall cease such maintenance at d1e tune established b}' the Cit}~ Commission. Otherwise the
Cite shall continue maintenance for the next succeeding year subject to a similar meeting and
detenrm~ation at the end of each year thereafter.
1. "hhe cost of mavltenance b}~ the Cit)~ shall be a lien against the common facilities of the
development and the private properties within the development. The CitS~ Commission
shall have the right to make assessments against properties in dIC development on the
same basis that the organization responsible for maintenance of the facilities could make
such assessments..~ny unpaid assessment shall be a lien against the property responsible
for the same, enforceable the same as a mortgage against such property. The City may
further foreclose its lien on the common facilit~~ by certifying the same to the County
'1'rcasurer for collection as in the case of collection of general propert<~ taxes.
2. Should the propert<~ owners association request that the Citt~ assume permanent
responsibilit\~ for maintenance of facilities, all facilities shall be brought to Citt~ standards
prior to the Cit>~ assuming responsibility. The assumption of responsibility must be by
action of the Cit,~ Commission and all costs to bring facilities to City~ standards shall be
the responsibility' of the propert)~ owners association. The City may create special
financing mechanisms so that those properties within the area affected by the propert}'
owners association continue to bear the costs of maintenance.
3. These common areas and facilities shall include but are not limited to commonly owned
open spaces, recreational areas, facilities, private streets and parking lots. "These common
areas and facilities shall also include but are not limited to public parks, squares, open
space, recreation areas, trails, as well as any public streets, avenues and alleys not
accepted by the Cit}' for maintenance.
4. 1'he Cit}' shall assume permanent responsibilit<~ for maintenance of public areas and
facilities when a dedicated funding mechanism is adopted.
Ordinance # 1761: Effective august 8, 2009. page 72-3
Guarantee for Open Space Preservation. Open space shown on the approved fugal plan or plat
shall not be used for the construction of an~~ structures not shown on the final plan.
Coy=enants ma}' not contail~ provisions which inhibit compliance with the requirements of
Chapter 17.02, B1~1C for those developments subject to Chapter 17.02, B;ATC. Some examples
are: privatel}~ required minimum home or lot sizes which can not be met.
•
•
Ordinance # 1761: Effective August 8, 2009. page 72-4
CHAPTER 18.74
IMPROVEMENTS AND GUARANTEES
•
18.74.010 PURPOSE AND APPLICABILITY
A. `Phis chapter is to provide standards and procedures relating to the installation of physical
improvements and compliance with requirements related to development. .~s these
improvements arc necessary to meet requirements of the law and to protect public health, safety
and general welfare and other purposes of this title it is also necessar~~ to provide means by
which their installation can be assured. Such improvements ma}' include, but are not limited to,
design elements such as landscaping, parking facilities, storm drainage facilities, architectural
features, pedestrian walkways and public utilities. Furthermore, in some situations it is ili the best
interest of the person conducting development to be able to guarantee the completion of certain
work and be able to begin utilization of a development sooner than would otherwise be possible
if all improvements had to be physically installed before use could begin. 't'his chapter therefore
has the following purposes:
1. Ensure completion of required improvements or compliance with other requirements of
development to an acceptable standard;
2. Provide buyer/lessee protection while allowing a person undertaking development to
proceed with sales/leases before the project is totally complete, especiall}' multi-phased
projects;
3. Ensure adequate warrant~~ or maintenance, when appropriate, of improvements;
4. Provide for mechanisms to ensure performance of or conformance with conditions of
appro~-al or development requirements; and
S. Accomplish the above listed purposes through mechanisms that reduce the need to rely
on costly litigation to accomplish those purposes.
B. 'I'bis chapter applies to all subdi~~isions and site developments as described below.
1. Subdivisions shall install or provide security for installation of improvements prior to
final platting as set forth in detail in this chapter.
2. Site developments including, site plans, conditional use permits, planned unit
developments, reuses and certificates of appropriateness, shall install improvements or
provide security' for installation prior to occupancy or commencement of use.
3. The Cit}' ma~~ determine the nature and timing of required installation of improvements
as part of the subdivision or site development process. When necessai~~ to protect the
health, safet~~, and general welfare of the public, and ensure the function and viability of
development, certain needed improvements may not be allowed to be financially
guaranteed.
18.74.020 STANDARDS FOR IMPROVEMENTS
A. Ueneral. It shall be the responsibilit~~ of the developer to compl}' with the following procedures
and standards for the installation of development improvements.
1. Construction Routes. For all developments, excluding sketch and reuse/further
deg=elopment, a construction route map shall be propsided showing how materials and
hea~~~ equipment will travel to and from the site. The route shall avoid, where possible,
local or minor collector streets or streets where construction traffic would disrupt
neighborhood residential character or pose a threat to public health and safct}'•
Ordinance # 1761: Effective August 8, 2009.
page 74-1
B
2. Protection of Existing Impro~~ements. The developer, his contractors and suppliers shall
be jointly and severally responsible to ensure that existing improvements are not
damaged or rendered less useful b~~ the operation of the developer, his contractors or
supphers. Such protection of improvements may include requirements for cleaning of
~rehicles leaving a construction site. This provision is intended to preclude damage to
existing roads, streets, water, sewer and drainage systems. The City I~ngineer ma}'
instruct the developer as to the streets or roads to be used for access by construction
equipment, and the developer shall be responsible for enforcement of this instruction
upon his contractors and their suppliers. The City of Bozeman may require the
developer to post a surety to guarantee repair of damages.
Improvements to be Dedicated to the Public.
l Plans and Specifications. Engineering and surrey plans, specifications and reports
required in connection with public improvements and other elements of the subdivision,
or other development required by the Cit)~ of Bozeman, shall be prepared by a registered
engineer and~or a registered land survegor, licensed in the State of Montana, as their
respective licensing laws allow. 'The plans and specifications shall be prepared in
compliance with the CitS~ of Bozeman's Design Standards and Specifications Police.
2. Scope of Work. The intent of these regulations is to provide standards by which the
contractor and the developer shall execute their respective responsibilities and guarantee
proper construction and completion vi every detail of the work ili accordance with the
plans, specifications and terms set forth under these regulations.
a. 'The developer shall furnish the plans, specifications and t~-pical sections for
approval by the City Engineer. It shall be understood that the work to be done
will not necessarily be limited to occurring within the right-of-wa~~ boundaries.
b. 'I"he Cit}~ I~ngineer shall have authority to make or cause to be made anv
reasonable changes, alterations, amendments and additions to the standard
specifications for infrastnacture iinproeements.
3. Control of Work. During the course of construction, and at the completion of each
phase of the project, the de~~eloper's registered civil engineer shall submit a statement
that the vi~provements have been inspected and found to have been constructed in
accordance with the approved plans and specifications. Prior to making any changes, the
de~reloper's engineer shall notif~~ and receive written approval or disapproval from the
Cite Engineer for any changes ii1 approved plans and specifications.
4. Improvement Procedure.
a. approval of the improvement plans and specifications shall be completed before
installation of improvements or the entering into of an agreement where suret~~ is
to be provided for the completion of the improvements.
b. The procedure for submittal, review ~ and approval of improvement plans and
specifications is contained in the City of Bozeman's Design Standards and
Specifications Policy, and shall be followed by the developer and/or his
contractors.
c. after the preliminary plat has received approval or conditional approval, and
before the final plat is submitted, the developer shall either install the required
improvements or enter into an agreement with the Cite of Bozeman financially
guaranteeing the installation and performance of the improvements.
d. after the final site plan is approved, subject to 518.74.030.0, Blt2C, and prior to
occupanc}' of any buildings, the developer shall either install the required
Ordinance # 1761: Effective august 8, 2009.
page 74-2
improvements or enter into an agreement with the City of Bozeman financially
guaranteeing the installation and performance of the improvements.
5. Sanitai-~- Facilities. Water supply, sewage disposal and solid waste disposal systems shall
meet the minimum standards of the Cit}~ of Bozeman and the I~~Iontana Department of
Environmental ~ualitti~ as required by 576-4-101 .through X76-4-135, MC~~, and
regulations adopted pursuant thereto, and are subject to the approval of the City of
Bozeman.
C. Private Improvements. Improvements shall be constructed as shown on the approved final site
plan, final plat, or plans and specifications, as may be applicable. 'I"he developer is responsible
for coordinating installation with all necessai~~ parties and to restore to its original condition any
public improvements or any private improvements or property damaged during installation of
private unprovements.
18.74.030 COMPLETION OF IMPROVEMENTS
~. General. 1'he applicant shall provide certification by the architect, landscape architect, engineer
or other applicable professional that all improvements to be dedicated to the public were
installed in accordance with the approved site plan, plans and specifications, or plat as
applicable. For required private improvements, the applicant shall provide certification by
the architect, landscape architect, engineer or other applicable professional that all
improvements, including but not limited to, landscaping, ADA accessibility
requirements, private infrastructure, or other required elements were installed in
accordance with the approved site plan, plans and specifications, or plat as applicable,
unless a waiver of certification in whole or part is explicitly approved by the DRC.
I. Improvements to be Dedicated to the Public. Improvements to be dedicated to the
public, such as water mains, sewer mains and public streets, shall be installed in
accordance with the approved plans and specifications by the developer, and certified by
a registered professional civil engineer, licensed in the state of Montana, and accepted by
the City prior to the approval of the final plat, building permit, issuance of a certificate of
occupant}' or other identified benchmark as may be appropriate. Sys-built drawings
complying with the City of Bozeman's Design Standards and Specifications Policy,
including tin~ig for submittal of materials, shall be provided.
a. Public street means a public right-of-way or easement developed to adopted City
standards including, but not limited to, the following improvements: curbs,
gutters, storm drainage, sidewalks, paving, traffic control signage or equipment,
and lighting.
2. Private Improvements and Other Required Improvements. Improvements, such as but
not limited to, landscaping, paving or irrigation shall be installed in accordance with the
approved preliminary plat or final site plan by the developer and inspected and found to
comply with the City standards or requirements prior to the approval of the final plat,
issuance of a certificate of occupant}' for the building(s) or site, or other identified
benchmark as may be appropriate. ~~11 unprovements required as part of a subdivision
must be installed and accepted, or financially secured in accordance with an
improvements agreement, prior to final plat approval.
3. Improvements ~~greement Required. ~ll improvements necessai~~ or required to meet
the standards of this title or conditions of approval shall be the subject of an
impro~=ements agreement and be guaranteed for final plat approval, occupancy of
buildings or other utilization of an approved development is allowed before the
improvements are completed and inspected by the City.
Ordinance # 1761: Effective august 8, 2009. page 74-3
a. Resei-~~ation. "I"he Cit}' resei-~res the right to require actual installation of
improvements prior to occupancy- when such improvements are necessai-~= to
pro~~ide for health, safety and welfare or adequate function of s~~stems or onsite
development.
B. Completion Time for Subdivisions.
1. ~ll subdivision improvements, including parks, shall be constructed and completed as
appi:oved b5~ the City.
a. loll improvements shall be installed prior to the issuance of a building permit for
anST lot within a subdivision unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, Bl~1C, Planned Unit
Development (I'LTD), when concurrent construction is an identified purpose of
the initial project review, and pursuant to the criteria established in ~18.74.030.D,
BMC.
b. "the subdivider shall meet one of the following requirements for completion of
street improvements. `I'he option SHALL be specified iii the preliminar~~ plat
submittal. Should the applicant not identif~~ which option is desired option (1)
shall be required. filtering the choice of option after approval of the
development shall constitute a material modification to the project and requite
re-review of the project for modification to the approval subject to the
provisions of ~~18.02.070, BI\IC.
(1) "hhe subdivision streets improvements shall be installed prior to final. plat
approval. 1"his requirement ma}' be modified b~~ the Cit}' I~ngineer for
streets where dictated by circumstances, and where acceptable
improvement securit}' for the ultitnate development of the streets is
provided. Ilowever, under no circumstances shall the required gra~rel
courses, curbs or gutters be wai~red. This requitement shall generall}' not
be modified for nonresidential developments; or
(2) The subdivider shall enter into an improvements agreement guaranteeing
the completion of the paving, curb, gutter, storm drainage, street lighting
or other street infrastivcture improvements not ~~et completed. "The
improvements agreement shall be financiallti~ guaranteed, as explained in
this chapter. However, at a minimum, the plans and specifications for the
street improvements must be appro~-ed by the Cite- IJngineer prior to
final plat approval. Building permits will not be issued until the street
improvements are completed and accepted b~~ the City of Bozeman
unless otherwise provided for in development proposals occurring under
the provisions of Chapter 18.36, BMC, Planned Unit Development
(PUD), and pursuant to the criteria established in ~18.74.030.D, BMC; or
(3) The subdivider may request that street improvements be guaranteed b5~
the creation of a special improvements district (SID). If a SID is formed
for the impro~=ements, the SID bonds must be sold before the final plat
can be filed. SIDs shall not be permitted for the installation of
subdivision water and sewer improvements. Building permits will not be
issued until the street improvements are completed and accepted b}~ the
City of Bozeman unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC,
Planned Uiut Development (PUD), and pursuant to the criteria
established in 518.74.030.D, BMC.
Ordinance # 1761: Effective august 8, 2009.
page 74-4
2. Sidewalks. Cite standard sidewalks (including a concrete sidewalk section through all
pri~~ate drive. approaches) shall be constructed on all public and private street frontages
prior to occupaiic}- of any structure on individual Iots. Should a subdivider choose not to
install all sidewalks prior to final plat, an improvements agreement shall be entered into
with the Cit}' of Bozeman guaranteeing the completion of all sidewalks within the
subdivision within athree-year period. The developer shall suppl}~ the Cite of Bozeman
with an acceptable method of security equal to 150 percent of these remaining sidewalk
improvements.
a. The subdivider shall install sidewalks adjacent to public lands, including but not
limited to, parks, open space, and the intersection of alleys and streets or street
easements. Sidewalks in these areas shall be installed prior to final plat approval,
or shall be subject to an approved improvements agreement and financially
guaranteed.
b. Upon the third anniversary of the plat recordation of an}~ phase of the
subdivision, any lot owner who has not constructed said sidewalk shall, without
further notice, construct within 30 days, said sidewalk for then lot(s), regardless
of whether other improvements have been made upon the lot.
3. Subdivision Lighting. Subdivision lighting, as required iti X18.42.150, Bi\1C shall be
incorporated into all subdivisions. Prior to fuial plat approval, subdivision lighting shall
be installed or financiall}~ guaranteed. If the subdivision lighting is financially guaranteed,
they shall be considered as part of the. required sweet improvements and btulding
pernuts shall not be issued until the improvements are installed, unless otherwise
provided for in development proposals occurring under the provisions of Chapter 18.36,
BMC, Planned Unit Development (PUD), and pursuant to the criteria established in
~~18.74.030.D, BMC.
C. Completion Time for Site Development. Whenever any building lots and~or building sites are
created inside the City limits, and prior to the issuance of an}~ building permits on such lots or
sites, municipal water distribution systems, and municipal sanitary sewer collection s}stems, and
streets shall be provided to the site. Each building site must utilize and be connected to both the
municipal water distribution and municipal sanitar}' sewer collection systems. Subject to the
provisions of subsection 1 below, these improvements shall be designed, constructed and
installed according to the standards and criteria as adopted by the City and approved by both the
City Engineer and Water and Sewer Superintendent prior to the issuance of any building
permits.
1. Provision of municipal central water distribution, municipal sanitary sewer collection
systems, and streets means that the criteria in either subsection a or subsections b and c
are met:
a. Water, sewer and street ser~rices are installed and accepted by the CitS~ with
service stubs being extended into the site, with such stubs being of adequate size
to provide water and sewer ser~~ice to the proposed development without
modification to publicl}~ owned infrastructure;
OR
b. The water mains, sewer mains and streets to be extended to provide sei-~rice to
the development are: located within a publicl}' dedicated right-of-way or
easement; constructed to City of Bozeman standards; are physically adjacent to
• the site proposed for construction; are installed and accepted b~~ the Cit}'; and are
adequate in capacity to pro~ride necessary service to the proposed development;
and compl}~ with the requirements of this subsection and subsection c below:
Ordinance # 1761: Effective august 8, 2009. page 74-5
c. Water mains, sewer mains and streets shall meet the following requirements.
(1) An}' required onsite extensions of water mains, sewer mains or streets to
be dedicated to the public shall be located entirely within publicly held
easements or rights-of-wad-; shall serve onh~ a single lot; are the subject of
an irrevocable offer of dedication to the Cin' upon completion of the
project; the development is under the control of a single developer who
shall retain control of the entire project until final completion; all work is
under the supervision of a single general contractor; and no subdivision
of land is involved;
(2) "hhe DRC shall detern~ie when the standards of this subsection are met.
"lie Fire Department must consider whether adequate fue protection
services are available from existing hydrants, and water supply exists to
meet needs durvig construction. If adequate fire protection does nor exist
then concurrent infrastructure and building construction ma~~ only occur
under the provisions of subsection (3) below. Based on evaluation by the
Fire Department, simultaneous construction of infrastructuUe to be
dedicated to the public and private construction ma}' be permitted only
within a defined portion of the site;
(3) approval of the final engineering design, including location and grade,
for the infrastructure project must be obtained from the Engineering
Department, and the Montana Department of I_:nvironmcntal Quality
when applicable, prior to issuance of any building permit for the
development; and
(4) No occupanc}', either temporai-~~ or final, may be issued until all onsite
and offsite water, sewer and sweet or drive improvements are vistalled
and accepted or approved as applicable by the Citt~. •
D. Exception. When municipal water distribution and municipal sanitary sewer collection systems
and City streets are being provided to serve a development proposal occurring under the
provisions of Chapter 18.36, BMC, Platmed unit Development (PUD), the issuance of a
building permit may be allowed prior to completion of the public infrastructure, provided that
the following criteria are met:
1. The subject property shall be developed under the provisions of Chapter 18.36, B~IC;
2. The subdivider or other developer must enter into an improvements agreement to assure
the installation of required infrastructure and other applicable improvements, to be
secured by a financial guarantee in an amount to be determined b}' the cit<~, with said
guarantee to be in the name of the City;
3. Approval of the final engineering design, including location and grade, for the.
infrastructure project must be obtained from the Engineering Department, and the
Montana Department of Environmental Quality when applicable, prior to issuance of
any building permit for the development;
4. Building permits may be issued incrementally, dependent upon the status of installation
of the infrastructure improvements. All building construction within the PL;D shall
cease until required phases of infrastructure improvements as described in the PUD have
been completed, and inspected and accepted by the Citv~;
5. The subdivider shall provide and maintain fire hazard and liability insurance which shall
name the Ciri' as an additional insured and such issuance shall not be cancelled without
at least forty five days prior notice to the Ci~~. The subdivider shall furnish evidence,
satisfactory to the City, of all such policies and the effective dates thereof;
Ordinance # 1761: Effective August 8, 2009.
page 74-6
C. The subdivider recognizes, acknowledges and assumes die increased risk of loss because
certain public sen~ices do not exist at the site;
7. The subdivider shall enter into an agreement with the Cite which provides for
predetermined infrastructure funding options;
8. No occupancy of an~~ structures or commencement of any use constructed or proposed
within the boundaries of the PUD will be allowed until required infrastructure
improvements have been completed, and inspected and accepted by the City, and a
certificate of occupancy has been issued;
a. No occupancy of structures or commencement of any use shall occur when such
action would constitute a safet}' hazard in the opinion of the Cite;
). The subdivider shall enter into an agreement with the Cit)~ to address the provision of
anv ser-~=ices on an iliterim basis during construction, if deemed appropriate;
10. The subdivider shall execute a hold harmless and indemnification agreement
indemnifying, defending and holdilig harmless the City, its employees, agents and assigns
from and against any and all liabilities, loss, claims, causes of action, judgments and
damages resulting from or arising out of the issuance of a building permit under this
section;
11. "1'he subdi~~ider shall pay for any extraordinan~ costs associated with the project which
die City ma}' identify-, including, but not limited to, additional staff hours to oversee the
planning, engineering and construction of the project and infrastructure improvements,
inspection of the infrastructure improvements and any extraordinary administrative
costs; and
12. 7'he development shall be under the control of a single developer and al] work shall be
under the supervision of a single general contractor. 'I"he developer and general
contractor shall agree that there shall be no third-part}' builders until required
infrastructure improvements have been completed, and inspected and accepted b}' the
City.
13. Subsequent to preliminary plat approval, a Concw-rent Construction Plan, addressing all
requirements of this section, shall be submitted for review and approval of the Planiung
Director with a recommendation from the Development Review Committee.
E. Notwithstanding the provisions of Section D above, the City- may limit the scope, t}'pe and
number of projects eligible for simultaneous construction consideration.
18.74.040 SPECIAL PROVISIONS FOR TIMING OF CERTAIN IMPROVEMENTS
:1. Park, Pathway, and Boulevard Improvements.
1. These required improvements shall be installed, or subject to an approved improvements
agreement and financially guaranteed, prior to final plat approval or occupancy of a
building subject to development review, excluding sketch plans.
2. Due to seasonal considerations, building and occupancy permits may be issued prior to
installation of these improvements as long as the improvements are subject to an
approved improvements agreement and are financially guaranteed.
B. Neighborhood Center Improvements.
1. With the exception of neighborhood commercial and civic buildings and their grounds,
• neighborhood center improvements shall be installed, or subject to an approved
improvements agreement and financially guaranteed, prior to final plat approval.
Ordinance # 1761: Effective august 8, 2009. page 74-7
2. Due to seasonal considerations, building and occupane}~ permits ma~~ be issued prior to
installation of impro~Tements related to greens, plazas and squares as long as the
improvements are subject to an approved improvements agreement and are financially
guaranteed.
18.74.050 ACCEPTANCE OF IMPROVEMENTS
a. Improvements Dedicated to the Public.
1. acceptance of Street, Road and Bridge Improvements. Before any subdivision street,
whether new or existing, can be accepted into the Cit)~ street s~-stem by the Cit<~ of
Bozeman, it shall be built to meet or exceed the required standards. any improvements
made to Cowit}' roads shall meet or exceed standards set by the Count)- Road Office,
and must be reviewed and approved by the Counrn Road Office. .~1ny bridge
improvement, within the City or the County, shall meet ~or exceed standards set by d1c
1\~Iontana Department of "Transportation, and must be reviewed and appro~red by the
County Road Office and the CitS~ of Bozeman, and accepted b~~ the Count<~ Road Office
into the Count}''s bridge maintenance system.
2. acceptance of Water. Sewer, and Storm Drainage Improvements. Before any public
water, sewer or storm drainage improvement, whether new or existing, can be accepted
veto the Cite system by the City of Bozeman, it shall be built to meet or exceed the
required standards. any irnprovcment, within the Cite or Count~~, shall meet or exceed
standards set by the Cit}' of Bozeman, 1~~Iontana Department of Environmental Qualitt°
and Count} Road Office, and must be reviewed and approved by the Cit)- of Bozeman
and the Count}- Koad Office, as applicable.
3. as-Built Record Drawui~s. as-built record drawings of all public infrastructure
improvements constructed within the City of Bozeman, drawn to the specifications
required by the Engineering Department, shall be submitted prior to final plat approval,
per ~894.3003(3.g), aR1~I, or other relevant final benchmark for site development.
4. The Cit<- may require verification that all liens have been released and payments made
prior to accepting dedication of improvements.
B. Private Improvements. The DRC and/or aDR or their representative shall conduct an "as-
built" inspection to verify compliance and shall sign off on a certificate of occupanc~~, final plat
or other conclusionary action if all terms and details of the approval are complied with. F,xcept
as provided for in ~\18.74.060 of this chapter, no final plat approval or occupancy shall be
permitted, or certificate of occupancy issued, unless the terms and details of an approved plat,
site or sketch plan are met. Prior to grant of occupancy, the developer shall certify the
completion of the improvements as required in ~18.74.030.a, B~IC.
18.74.060 IMPROVEMENTS AGREEMENTS
:~. Required When.
1. When occupancy of a development subject to zoning review will commence prior to
completion of all required site improvements, generally excluding sketch plans; or
2. When a subdivision is to be granted final plat approval prior to the completion of all
required improvements, the applicant shall enter into an improvements agreement with
the Citv.
3. at the discretion of the Planning Director, certain projects receiving a certificate of
appropriateness may be required to enter into an improvements agreement with die Cit)~
at the time of final approval of the certificate of appropriateness.
Ordinance # 1761: Effective august 8, 2009.
page 74-8
R. If an iinprovcments agreement is used to guarantee the completion of required improvements,
including infrastructure, it ma~~ allow for the staged installation of improvements in defined areas
and in accordance with an appro~=ed time schedule. ~t the City's discretion, the improvements in
a prior increment inay be required to be completed or the pa}'ment or guarantee of payment for
costs of the improvements incurred in a prior increment must be satisfied before development
of future increments.
If an improvements agreement is filed with d1e final subdivision plat to secure
vifrastructure improvements, a separate document shall be filed with the final plat that
clearh= states that buildiYlg permits will not be issued until all water, sewer, storm drainage
infrastructure and streets are installed and accepted. This requirement may be modified
by the Cit}~ Ingineer for streets where dictated by circumstances, and where acceptable
improvement security for the ultimate development of the streets is provided. I Towevcr,
under uo circumstances shall the required gravel courses, curbs or gutters be waived.
"this requirement shall generally not be modified for nonresidential developments. No
building permits will be issued for a subdivision within the Ciry until all required
water, sewer, storm drainage, required street lighting, and street gravel courses
are installed and accepted unless otherwise provided for in development
proposals occurring under the provisions of Chapter 18.36, BMC, Planned Unit
Development (PUD), and pursuant to the criteria established in ~~18.74.030.D,
BMC.
C. Standards for Improvements agreements.
1. 111 agreements. loll improvements agreements shall meet the following standards:
a. T'he agreement and security shall be satisfactoi~~ to the Cit)~ lyttorne}' as to form
• and manner of execution;
b. Illctailed cost estimates and construction plans of all required on-site and off-site
improvements shall be made a part of the agreement;
c. Provide for securit}' in the amount equal to 150 percent of the estimated cost of
the improvements to be secured if the agreement is to be activated;
d. The term for the securit}~ referenced in section c above shall be not less than the
length of time of the improvements agreement;
d. 'The agreement shall provide for the Cite to claim the guarantee by certify=ing that
the developer is in default of the performance to be secured;
e. Requests for partial release of security= shall only be in amounts such that the
securitt~ will always equal 150 percent of the value of the remaining uncompleted
work, and such that not more than 90 percent of the securit)~ is released prior to
completion of all improvements. The City ma}~ take into account the location
and scope of development phases in evaluating requests to reduce the amount of
a financial guarantee. The Cite may require verification that all liens have been
released and payments made prior to releasing a portion of the security;
f. Shall provide for the Ciry to require a replacement securitS~ in the event the issuer
of the securit}' becomes insolvent, enters recei~=ership, or otherwise gives cause
for the Cit}~ to lack confidence in the ability of the issuer to honor the securin~;
g. Shall pernut the Cit)~ in the event of default by the developer to include in the
costs to be recovered from the security= those costs resulting from the need to
• call in the securit~~, including but not limited to costs for the City ~~ttorneti~'s time;
and
Ordinance # 1761: Effective :august 8, 2009. page 74-9
?,
3
h. The financial securit<~ shall be placed in the keeping of the Cin~ Treasurer.
Subdivisions. Improvements agreements for subdivisions shall meet the following
standards in addition to those listed in subsection C.1 above:
a. The length of time of the agreement shall not exceed 1 year from the date of
final plat approval. 1'he agreement shall stipulate the time schedule the
subdivider proposes for accomplishing the required improvements;
b. 'hhe estimated cost of improvements shall be provided by the subdivider's
professional engineer. "1"he Cite I?ngineer has the discretion to require a second
estimate of the cost of improvements, with the cost of obtaining the second
estimate borne b~~ the subdivider. The agreement shall stipulate which t}~pe of
securit)~ arrangements will be used;
c. Securin~ for improvements for internal subdivision streets, water, storm drainage
and sewer mains, shall be reduced only upon recommendation of the Cite
Engineer;
d Sectuity for umprovements other than internal subdivision streets, water, storm
drainage and sewer mains, shall be reduced only upon recommendation of the
CitS~ Engineer and appro~ral by the Cit}' Commission, upon request b~~ the
subdivider;
e. The improvements agreement shall be filed with the fuiah plat; and
f. The security provided shall be a financial securitt~ valid for eighteen months.
Site Development. Improvements agreements for developments other than subdivisions
shall meet the following standards i11 addition to those listed in subsection C.l above:
a. If occupancy of the structure or commencement of the use is to occur prior to
installation of the required improvements, the installation of those improvements
must be secured in conformance with the requirements of this chapter;
b. The length of time of the agreement and method of security shall not be less
than twelve months;
c. loll secured improvements must be completed by the developer within nine
months of occupant}' or the securitt~ shall be forfeited to the Cin~ for the
purpose of installing or contracting for the installation of the required
improvements;
d. ~t the Planning Director's discretion, a developer ma}~ be permitted to extend
the manner of securit~~, in general for a period not to exceed 1 additional ~~ear.
Factors such as, but not limited to, progress of installation achieved to date and
phasing of projects may be considered;
e. The DRC and/or ADR shall determine which, if any, of the required
improvements must be installed prior to occupancy, regardless of the use of a
secured improvements agreement. Such determination shall be based on a
finding that unsafe or hazardous conditions will be created or perpetuated
without the installation of certain improvements or that the propert)~ will have an
unacceptable adverse impact on adjoining properties until such improvements
are installed;
(1) Items include but are not limited to walkways and signage necessary for
r~Dr~ compliance, parking surfaces adequate to meet the needs of the
uses to be conducted during the term of the improvements agreement, or
Ordinance # 1761: Effective l~ugust 8, 2009. page 74-10
matters related to life safety are required to be installed prior to an}~
occupanc~~; and
f. ~~(lhen all provisions arc met for occupanc}' of a facility or commencement of a
use prior to the installation of all improvements, and adequate security has been
provided in accordance with the terms of an improvements agreement, the
building official may issue a temporary cerrificate of occupancy which allows
occupanc~~ of the facilit~~ on a temporary basis for a period not to exceed nine
months. When all required improvements are installed in compliance with all
terms and details of the site or sketch plan approval, the temporary occupancy
pernut shall be withdrawn and a permanent certificate of occupancy shall be
issued according to the provisions of this chapter.
D. Notwithstanding the provisions of this section, the City may limit the scope, t}~pe and number of
improvements eligible for being secured by an improvements agreement and require installation
prior to final plat approval, issuance of building permits, occupancy or other similar actions.
1 ~. The Planning llirector shall be responsible to sign improvements agreements on behalf of the
Cite.
F. When an improvements agreement is used to allow the filing of a final plat prior to the
completion of infrastructure, anotice of improvements agreement shall be recorded along with
the plat which indicates that certain infrastructure work is still not complete and identifying that
work. When the work has been completed and is accepted by the City as complete, the City shall
record a notice of completion stating that the work that was the subject of the improvements
agreement is complete.
18.74.070 PAYMENT FOR EXTENSION OF CAPITAL FACILITIES
The City of Bozeman ma}~ require a subdivider or other site developer to pat' or guarantee payment for
part or all of the costs of extending capital facilities related to public health and safety, including but not
limited to public roads or streets, sewer mains, water supply mains and stormwater facilities for a
subdivision. The costs must reasonably reflect the expected impacts directl}' attributable to the
subdivision. The city may not require a subdivider or other site developer to pay or guarantee payment
for part or all of the costs of constructing or extending capital facilities related to education.
18.74.080 TYPES OF ACCEPTABLE SECURITIES
,y. Financial Securities. .~ variet<- of means of providing for the security of improvements
agreements, ensuring adequate maintenance of required improvements and ensuring compliance
with conditions of approval for various developments may be allowed. One or more of the
following instruments may be used to provide a financial security for improvements to be
completed. The method, terms and amount of security must be acceptable to the Cit}'. Financial
security is the primary method to provide securit~~ for installation of physical improvements.
1. Direct payment of cash to the Cit)~;
2. Irrevocable letters of credit;
3. Cash escrows held by the City, or held by an approved escrow agent and subject to an
executed escrow agreement; or
4. Performance. bonds, in limited circumstances and subject to approval b~~ the Citt~
attorney.
B. Nonfinancial Securiries. In addition to the possible financial securiries listed above, the following
nonfinancial securities ma}' be used to ensure compliance with conditions of approval, ensure
maintenance of required improvements and coordisiate timing of development. When deemed
Ordinance # 1761: Effective August S, 2009. page 74-11
appropriate, the City may use nonfinancial securitt~ methods in combination with a financial
securit~~ method.
L Granting of final permits;
2. Sequential approval of multi-phased projects, with subsequent phases to not receive
appro~ral until prior approved phases have complied with all requiiements;
3. Formation of a special improvement or maintenance district. "~1'his method shall not be
considered completed until after all final actions have occurred and the district is iii
existence and the bonds sold;
4. Establishment of a propertt~ owners association with City enforceable duties to maintain
certain improvements;
5. Irrevocable offer of dedication of improvements to be dedicated to the public after
completion of the project; and
C. Recording of a special restrictive covenant or deed restriction which may only be
released by written agreement of the City.
18.74.090 DEVELOPMENT OR MAINTENANCE OF COMMON AREAS AND
FACILITIES BY DEVELOPER OR PROPERTY OWNERS ASSOCIATION
:~. General. For the purposes of this section, "common areas and facilities" include:
1. Public and/or pri~'ate parkland;
2. Boulevard strips in public rights-of-wa~~ along caternal subdivision streets and adjacent
to parks and/or open space;
3. Common open space;
4. Neighborhood centers (except for neighborhood commercial and civic uses and their
grounds); and
5. Pathways.
B. Development. If common areas or facilities will be developed by the subdivider or by a
property owners association, a development plan shall be submitted with the preliminary plat
application for review and approval. The development plan shall be reviewed and approved by
the City prior to the installation of improvements in common areas or the installation of
common facilities. l~n approved park master plan would satisfy this requirement.
1. Landscaping. When landscaping will be installed in parkland, boulevard strips or
common open space, the development plan shall be accompanied by a landscaping plan
that was prepared by a qualified landscaping professional. When landscaping in
common areas is installed by the subdivider, the subdivider shall warrant against defects
in these improvements for a period of two years from the date of installation of the
landscaping.
2. free Permits. If trees will be planted in dedicated City parkland or boulevard strips, tree
planting permits shall be obtained from the Forestry Department.
C. Maintenance. When common areas or facilities will be maintained b}~ the subdivider or by a
property owners association, a maintenance plan that complies with ~ 18.72.04, B~IC shall be
submitted with the prcliminai-~~ plat application for review and approval. The. maintenance plan
shall include a maintenance schedule, and a mechanism to assess and enforce the common
ehpenses for the common area or facility. The maintenance plan shall be included in the
subdivision covenants. The developer shall provide all necessary maintenance until the •
Ordinance # 1761: Effective august 8, 2009.
page 74-12
improvements are transferred to the Cit<-, a properr)~ owners association, or other final
custodian. The provisions of ~~18.72.1)4(1.B, B~1C apple to this section.
1. Landscaping Warrant`-. ;~n~~ requiied or proposed landscaping must be maintained irn a
health~~, growing condition at all times. 1~n}~ plant that dies must be replaced with
another living plant that complies with the approved landscape plan.
2. Shade 't'ree ~~Taintenance. The Forestr}- Department shall be responsible for the
maintenance of shade trees in all Cirt~ rights-of-wa~~ and on Cit}~ propert~~, including
parks.
18.74.100 WARRANTY
.ill publich~ dedicated improvements shall be subject to a warrant~~ of duration and scope to meet the
Cirn of Bowman's Design Standards and Specifications Manual.
:7
Ordinance # 1761: Effective .-august 8, 2009. page 74-13
•
C7
CHAPTER 18.76
NOTICING
•
18.76.010 PURPOSE
It is the intent of this chapter to provide for adequate notice of governmental actions to those affected
b}' such actions. Notice is required iii order for citizens to participate in decision malting which affects
their interests and provides opportunity to receive information pertinent to an application that would
not otherwise be available to the decision maker. In establishing standards for providing such notice, the
need for expeditious processing of applications is also recognized.
18.76.020 CONTENTS OF NOTICE
~~. The following elements shall be included in notices issued pursuant to this title:
L address of the propert}', or its location by approximate distances from the nearest major
street uitersections, or other description to identify the affected propert~~;
2. Legal description of the propert}';
3. The name and address of the applicant;
4. The name and address of the owner of record;
5. The number, date, time and place of all relevant scheduled public hearings by the Cit}'
Commission, Board of adjustment, Plam~ig Board or `Coning Comrission, meetings of
other review bodies established by this title at which final decisions shall be made, or the
date of any fuial public comment deadline;
G. a description of how and where additional information regarding the action may be
obtained including the address and phone number of the CitS-; and
7. ~ brief description of the subject of the notice.
B. The following additional elements shall be included in notices required for site plans, master site
plans, certificates of appropriateness, conditional use permits, planned unit developments,
deviations, variances and subdivisions:
1. ~ map of the area iii question so as to indicate its general location and proxulut)~ to
surrounding properties shall be included in mailed and posted notices; and
2. ~ reference to the appeals process for this title for notices regarding projects where the
Board of adjustment or Cit<~ Commission will not be making the final decision.
C. 1"he following additional elements shall be included in all notices required for text amendments
to this title:
1. a summai~~ explanation of the intent of the change, with reference to the exact text
being available for public review.
D. For site and subdivision developments, the applicant shall provide for the purposes of noticing a
list of names and addresses of property owners within 200 feet of the site, using the most
current known property owners of record as shown in the records of the County Clerk and
Recorder's Office and stamped, unsealed envelopes (with no return address) addressed with
names of above propert}~ owners, and/or labels with the names of the above propert}' owners, as
specified on the appropriate application.
• 18.76.030 NOTICE REQUIREMENTS FOR APPLICATION PROCESSING
.~. The following minimum standards for timing, location of noticing area and type of notice shall
be provided. Noticing provisions are cumulative with the maximum combination of noticing
Ordinance #1761: I~ffective august 8, 2009. page 76-1
requirements bevlg provided. When more than one newspaper notice is reduced, only one of
the required publication dates must fall within the minimum and maximum days required.
I3. If for some reason a reyuiied propern~ owner fails to receive mail notification of a scheduled
public hearing, or if one or more of the required posted signs i1i the area or on the site for which
the public hearing is being held is inadvertently moved through no fault of the City, this iii no
way shall imralidate the legal notice requirements of the scheduled public hearing.
C. Notice may also be provided to property owners in anti additional area that ma~~ be substantially
impacted by the proposed change or use as determined b}' the Planning Director. The Planning
Director may use other means in addition to posting, mailing, or publication to provide notice.
Table 76-1
Minimum Maximu Distance
A lication Da s12 m Da s'Z ' Notice T e
"T"ext _~mendment 15 45 N~1 News ~a er once
~ Ncu~spaper once, post on-
Z~i:~ 15 45 200 site, mail 1st class
7\L1z- Resulting from ordinance
chan es 1 ~ 45 None News a per once
'I
AL~~
~
i
i
i
i
l
i Newspaper once, post on-
_,
- _
nnexat
on w/
n
t
zon
a
ng 15 45 None site, mail 1" class
Newspaper once (zoning 2
Variance - floodplain, zoning, and times), post on-site, mail 1st
subdivision 15 45 200 class
Newspaper 2 times, post on-
Public ~~ enc~- Exem tion 15 45 None site
Newspaper 2 times, post on-
Deviation 15 45 200 site, mail 1st class
3 Newspaper 2 times, post on-
_~ppeals 15 45 2003 site, mail 1st class
Sketch Plan/Reuse/Change in
Use/Further Develo ment None None None None
Sketch Plano 15 45 None Post on-site
Infoi7nal/Conce t Plan None None None None
Prelicniua ~ Site Plan or Master Site Plan 15 45 200 Post ou-site, mail 1st class
Newspaper 2 times, post on-
Prelitninai~~ PUDS 15 45 200 site, mail 1st class
Newspaper 2 times, post on-
Pxeliminar~~ CUP6 15 45 200 site, mail 1 st class
Flood lain PeiYnit 15 45 200 News a er, mail 1st class
CO ~ None None None None
Final Site Plan None None None None
Final PUD Plan None None None None
Final CUP tan None None None None
Subdivision Exem tion None None None None
1st Minor Subdivision without variance-
Prelimina ~ Plat 15 45 200 Mail 1st class
1st Minor Subdivision with variance/2nd
Minor/Major Subdivision - Preliminar~~ Newspaper8, post on-site,
Plat 15 (Plannr,r{ Board) 45((.onnni.criar) 200 mail 1st class, certified mailto
Final Plat None None None None
Post on-site, certified mail to
Notice of \'iolation11 15 45 None landowner
'The di.rtaru•e from the ea7erior properly boyndury~ o f ~tbe .rite 1o al/ oi• part of a~rolGer panel o_~ Iars~J wboe~e oumerr m~~rr16e ~aotiJier/ o% a ~overn»~e~a1al
action. This di.rtarrce irsihade~ the width o f u ~zght-o/-~a~ay or other pzrblic orv~rerrbip.
Ordinance #1761: Effective :august 8, 2009.
page 76-2
•
.7
-lone J1aJ~ ;9vnend~~~ent. Chapter 18J0. B:11(.:
Po.rtin~ and mailii~; Delp upplie~ to appea/~ Ja,(=eia from a~.lioiu to approre. app~orc n~ith ~ondition~ or derail a development propo.rul and no! to
aJ~pealc ofadmint.itrative intca~aalalinnr.
~Sketr/~ ~/an. %r adding dn~c/hggr in the nei~lahorhood coauervation orer/u~~ dr~liz~1, demo/illon o% conl7zGnlin~ .drni/m~e.~ iia /be neiphGo~hood
coal.rcrvation aver/a~~ di~lniit, or ~nodi~iiation of ~ne1/ands.
~hlaauzed I `nit Development, C7iapter 18.31, T3,11C'.
'~Coirdrtional L'~~e Pea7nit, CZaapter 18.31, B,~1C.
-Cea7ificate oJ~~9ppa~opraatene.~~, C.%aptcr.~ 18.28 mtd 18.30, B,19C.
'II'hen nemrpaper aaolice ~r re J~~ired the notice .rL.all be publt..l~ed in a nem~paper of general czvvi~lalion.
'.~9ai/ /~~~ 1 c/u~.r to ul/landon~ae~:r within 200 jec/ eti~~c~/ lbo.~e .rziGje~t to veiYiJied ~Jaai/.
'°Certi/zed moil n»r.d Ge .rent to recorded purcbamrr ender contrail for deed in addition to on~nea~ o~ php.~icalh~ cnnti~nonr paopeal~~ and the
.i1-117d1PldPi:
;Aatice.r of 1'iolation .n~bject to ~'18.6d.1 O.I. Bl19C
" Daps paiar to the cln,re n% the pnhlii comment period or pr.~blic heaazn~ ~rnle~.r othenvi.~e .rpec-iJied iar Ibis title.
18.76.040 NOTICE OF CITY APPROVAL WITHIN NEIGHBORHOOD
CONSERVATION AND ENTRYWAY OVERLAY DISTRICTS
In order ro inform adjacent propert}~ owners and residents that an application within aii ove~la~- district
has been approved b~~ the Cite, an~~ site appro~=ed for construction or alterations within an overlay
district shall be posted with a notice supplied b}' the Plan»ig Department. The notice shall be posted iii
a conspicuous place rni the site before anj~ construction begins and ma~° be removed when the project is
substantiall~~ complete. "hhe notice shall specific the name of the owner of record, the address of the
property°, a description of the scope of work approved and the date of CitS- approval.
•
•
Ordinance #1761: Effective august 8, 2009. page 76-3
•
•
~,
.~
CHAPTER 18.78
SUBMITTAL MATERIALS AND REQUIREMENTS
C7
18.78.010 GENERAL
all applications and supplemental material, including all copies of plats and site development plans, shall
be bound and folded into complete 8'/z- by 11-inch or 8'/z- by 14-inch sets ready for distribution. all
plats shall be on one or more sheets either 18- by 24-inches or 24- by 36-inches in size, and shall be
folded and included in the bound submittal. ~~ digital (I'DF) copy of d1e entire submittal (applications,
supplemental material, plat and plans) shall be pro~rided as required.
18.78.020 STREAMBED, STREAMBANK AND/OR WETLANDS PERMITS
'I"he developer shall provide the Planning Department with a copy of all required streambed, streatmbank
or wetlands permits, or written notification from the appropriate agency that a permit is not requited,
prior to the commencement of any work on the site and~or final plat approval, whichever is sooner.
'These permits include, but are not limited to:
.~. 1\Iontana Stream Protection act (SPa 124 Permits. administered by the Habitat Protection
Bureau, Fisheries Division, l~2ontana Dish, AX~ildlife and Parks
B. Stormwater Discharge General Permit. administered by the Water Quality Bureau, 1~Iontana
Department of Environmental Qualit~~
C. Montana Natural Streambed and Land Presei-~-ation act (310 Permit). ,Administered by the
Board of Supervisors, Gallatin Consei-~~ation District
D. 1~~lontana Floodplain and Floodwa;- ~2anagement act (Floodplain Development Pernuts.
administered by the Cite of Bozeman, Engineering Department
E. Federal Clean Water Act (404 Permits. administered by the U.S. Army Corps of Engineers and
the U.S. Emrironmental Protection ~-agency
F. Federal Rivers and Harbors act (Section 10 Permitl. administered by the L?.S. army Corps of
Engineers
G. Short-term Water Quality Standard for Turbidity (318 authorizationl. Administered by 1\Iontana
Department of Environmental Quality
H. Montana Land-Use License or Easement on Navigable Waters. Administered by the 1~Iontana
Department of Natural Resources and Conservation
I. Montana Water Use act (Water Right Permit and Change Authorization). administered be the
Water Rights Bureau, 1~~Iontana Department of Natural Resources and Conservation
18.78.030 SUBDIVISION PRE-APPLICATION PLAN
T'he pre-application plan may be a freehand sketch, legibly drawn, showing approximate boundaries,
dimensions, areas and distances. `1"he plan may be drawn directly on a print of a topographic sui-~re~~
required for the preliminary plat and shall include:
.~. Sketch 1~Iab. .~ sketch map showing:
1. The names of adjoining subdivisions and numbers of adjoining certificates of survey,
along with adjacent lot and tract lines.
2. Location, name, «~idth and owner of existing or proposed streets, roads and easements
within the proposed subdivision; existing streets, roads and easements within adjacent
subdivisions and tracts; and the name of street or road that provides access from the
nearest public street or road to the proposed subdivision.
Ordinance # 1761: F_.ffectiee august 8, 2009 page 78-1
3. Location of all existing structures, including buildings, railroads, powerlines towers, and
improvements inside and within 100 feet of the proposed subdivision.
4. Zoi~ig classification within the proposed subdivision and adjacent to it. "1'he zoning
proposed for the subdivision, if a change is contemplated.
B. T'opograpl>ic Features. Topographic features of the proposed subdivision and adjacent
subdivisions and tracts, including:
1. !y current U.S. Geological Surve}~ topographic map at the largest scale available with the
subdivision clean}~ outlined.
2. Embankments, water courses, drainage channels, areas of seasonal water pondiiig, areas
within the designated floodwa}~, marsh areas, wetlands, rock outcrops, wooded areas,
noxious weeds and areas of active faults. Include copies of an}' permits listed in
X18.78.020, B1~IC that have been obtained for the project.
C. Utilities. The existing and proposed utilities located on and adjacent to the proposed
subdivision including:
1. Location, size and depth of sanitary and storm sewers, water mains and gas lines.
2. Location of fire hydrants, electric lines, telephone lines, sewage and water treatment, and
storage facilities.
D. Subdivision La~~out. The proposed la}'out of the subdivision showing the approximate:
1. Subdivision block, tract, and lot boundary lines, with numbers, diinensions, and areas for
each block, tract and lot.
2. Street location, right-of-wa~~ width, and name.
3. Easement location, width and purpose.
4. Sites to be dedicated or reserved as park, common open space or other public areas, with
boundaries, dimensions and areas.
5. Sites for commercial centers, churches, schools, industrial areas, condominiums,
manufactured housing communit}' and uses other than single-household residences.
E. Development Plan. ~n o~rerall development plan indicating future development of the
remainder of the tract, if the tract is to be developed in phases.
F. Name and Location. ,1 title block indicating the proposed name, quarter-section, section,
township, range, principal meridian and county of subdivision.
G. Notations. Scale, north arrow, name and addresses of owners and developers, and date of
preparation.
H. Variances. ~ list of variance requests which will be submitted with the application for
preliminary plat application.
I. Waivers. List of waivers requested from the requirements of ~C18.78.060, B;\IC shall be
submitted with the preapplication. The DRC shall be responsible for granting waivers, and the
Planning Department staff shall notify the developer in writing of an}' waivers granted from
X118.78.060, BMC after the preapplication meeting or plan review.
). Parks and Recreation Facilities. The followvig information shall be provided for all land
proposed to meet parkland dedication requirements:
1. Park concept plan, including:
a. Site plan for the entire propert}';
b. The zoning and ownership for adjacent properties;
Ordinance # 1761: Effective august 8, 2009
page 78-2
c. The location of and- critical lands (wetlands, riparian areas, streams, etc.);
d. General description of land, including size, terrain, details of location and histoi-~~,
and proposed activities; and
e. Description of trails or other recreational features proposed to connect the
proposed park area to other park or open space areas.
K. Digital (1'DF) cope of entire submittal.
1.. affordable Housing. Describe how the subdivision proposes to satisfy the requirements of 't'itle
17 Chapter 2, BMC.
18.78.040 SUBDIVISION PRELIMINARY PLAT
'fhe preliminary plat shall be legible drawn at a horizontal scale no smaller than 100 feet to the inch, and
ma}~ show approximate boundaries, dimensions, distances and areas, unless specifically noted. 1'he plat
shall be on one or more sheets of 18- by 24-inch or 24- by 36-inch paper. Where accurate iiiforuzation
is required, surveying and engineering data shall be prepared under the supet-~rision of a registered
Engineer or registered land surveyor, licensed in the State of Montana, as their respective licensing laws
allow. The plat subnttal shall include the following:
.~. Pre-application Information. ,1ll information required with the pre-application plan, as outlined
in ~ 18.78.030, BI\1C.
13. Subdivision Information. Name and location of the subdivision, scale, scale bar, north arrow,
date of preparation, lots and blocks (designated by number), the dimensions and area of each lot,
and the use of each lot, if other than for single-household.
C. Streets. Roads and Grades. all streets, roads, alleys, avenues, highways and easements; the width
of the right-of--way, grades and cui~~ature of each; existing and proposed road and street names;
and proposed location of intersections for any subdivision requiring access to arterial or
collector streets.
D. :-~djoiiiing Subdivisions. The names of adjoining platted subdivisions and numbers of adjoining
certificates of survey.
E. l~djoining Owners. Names and addresses of record owners of lots and tracts immediately
adjoining the proposed subdivision.
F. Perimeter Survey. an approximate survey of the exterior boundaries of the platted tract with
bearings, distances, and curve data indicated outside of the boundary lines. When the plat is
bounded by an irregular shoreline or a body of water, the bearings and distances of a closing
meander traverse shall be given.
G. Section Corner. 1'he approximate location of all section corners or legal subdivision corners of
sections pertinent to the subdivision boundary.
H. Phased Improvements. If the improvements required are to be completed in phases after the
final plat is filed, the. approximate area of each phase shall be shown on the plat.
I. Contours. Ground contours shall be provided for the tract according to the following
requirements:
Table 78-1
Where the avera a slo a is: Contour intervals shall be:
Lnder 10 ercent ?feet if all lots are over one acre in size, free feet intervals ina~~ be used
Behveen 10 and 15 ercent 5 feet
Greater than 15 ercent 10 feet
Ordinance # 1761: Effective august 8, 2009 page 78-3
j. Waivers. List of waivers granted from the requirements of '~ 18.78.070, BI\IC dw-ing the
preapplication process shall be submitted with the preliminary plat application.
K. Request for Exemption from Department of Environmental Oualit~~ Review. If the developer is
proposing to request an exemption from the Department of Environmental Quality for
infrastructure plan and specification review, the preliminary plat application shall include a
written request from the developer's professional engineer, licensed in the State of 1\Iontana, that
indicates the intent to request the exemption, and details the extent of water, sewer and
stormwater infrastructure that will be completed prior to fugal plat approval ~~ detailed
prelinunary stormwater drainage plan must also be subnutred with the written request
18.78.050 PRELIMINARY PLAT SUPPLEMENTS REQUIRED FOR ALL SUBDIVISIONS
`hhe following supplemental information shall be submitted with the preliminary plat.
~~. l~reaMan. ~ map showing all adjacent sections of land, subdivision, certificates of sui-~~ey,
streets and roads.
I3. Subdivision Man. ~Iap of entire subdivision on an 8'/z" x 11", 8'/z" x 14", or 1 I" x 17" sheet.
C. Variances. ~~ written statement describing any requested subdivision variance(s) and the facts of
hardship upon which the request is based (refer to Chapter 18.66, B1~1C).
D. Property Owners. r1 certified list of adjoining property owners, their mailing addresses and
property description, including property owners across public rights-of-wav and/or easements.
The names and addresses shall also be provided on self-adhesive mailing labels, one set of labels
for first minor subdivisions or subdivisions eligible for summai~~ review, and three sets of labels
for all other subdivisions.
E. Documents and Certificates. Draft cope of the following documents, and certificates to be
printed on or to accompan}~ the preliminary plat:
1. Covenants, restrictions and articles of incorporation for the propert~~ owners association.
2. I3neroachment permits or a letter indicating intention to issue a permit where new
streets, easements, rights-of-way or driveways intersect state, count<~ or city highways,
streets or roads.
3. ~ letter of approval or preliminar-~~ approval from the City of Bozeman where a zoning
change is neccssai-~~.
4. ~ draft of such other appropriate certificates.
5. Provision for maintenance of all streets (including emergency access), parks, and other
required improvements if not dedicated to the public, or if private.
F. Street Profile Sheets. Profile sheets for street grades greater than 5 percent.
G. Application and Fee. Completed preliminary plat application form, with the original signatures
of all owners of record or their authorized representatives, and the required review fee. If an
authorized representative signs on behalf of an owner of record, a copy of the authorization
shall be pro~~idcd.
H. Noxious Weed Management and Reve~etation Plan. Noxious weeds shall be controlled in all
developments as directed by the County Weed Control District (district) in accordance with the
Montana County Noxious Weed Control Act (~7-22-21, MCA). The developer shall have any
noxious weeds identified and their location mapped by a person with experience in weed
management and knowledgeable in weed identification. ;~ noxious weed management and
revegetation plan approved by the district for control of noxious weeds shall be submitted with
the preliminary plat application. This plan shall ensure the control of noxious weeds upon
Ordinance # 1761: Effective August 8, 2009
page 78-4
preliminary plat approval and the revegetation of any land disturbed during the construction of
subdivision improvements.
I. Sanitation Information. When the subdi~°ision does. not qualif}' for the certification established in
18.06.050, BMC, the subdivider shall provide the information regarding sanitation set forth in
X76-3-622, MCa.
18.78.060 ADDITIONAL SUBDIVISION PRELIMINARY PLAT SUPPLEMENTS
The following list of preliminary plat application supplements shall also be provided for all subdivisions
unless waived b}' the Development Re~riew Committee during the pre-application process. `1'hc
developer shall include documentation of any waivers granted by the Cit)~ after the pre-application
meeting or plan review.
additional relevant and reasonable information ma}' be required to adequatel}~ assess whether the
proposed subdivision complies with this title and the Montana Subdivision and Platting act. The need
for additional information shall be deternned during the pre-application process.
.-~. Surface Water.
1. 1~Ia~ping. Locate on a plat overlay or sketch map all surface waters and the delineated
floodplain which may affect or be affected by the proposed subdivision including:
a. Natural water systems such as natural streams, creeks, stream/ditches, drainages,
waterways, gullies, ravines or washes in which water flows either continuously or
intermittently and has a definite channel, bed and banks.
b. artificial water systems such as canals, ditches, ditch streams, aqueducts,
resei-~~oirs, irrigation or drainage systems.
2. Description. Describe all surface waters which ma}' affect or be affected by the
proposed subdivision including name, approximate size, present use and time of year
when water is present.
a. Describe proximity of proposed construction (such as buildings, sewer s}stems,
streets) to surface waters.
3. Water Body rllteration. Describe any existing or proposed streambank or shoreline
alterations or any proposed construction or modification of lake beds, watercourses or
irrigation ditches. Provide information on location, extent, t~~pe and purpose of
alteration. Provide a revised floodplain analysis report, in compliance with Chapter
18.58, BI\1C, as appropriate.
4. Wetlands. If the subdi~~ision contains wetlands, as defined in Chapter 18.80 of this title,
then a delineation of the wetland(s) shall be shown on the preliminary and final plats.
5. Permits. Include copies of any permits listed in 518.78.020, BMC that have been
obtained for the project.
B. Floodplains. ,~~ floodplaiii analysis report shall be submitted with the preliminary plat in
compliance with Chapter 18.58 of this title.
C. C~round~vater.
1. De th. Establish the seasonal minimum and maximum depth to the water table, dates
on which these depths were determined, and the location and depth of all known
aquifers which may be affected by the proposed subdivision. The high water table shall
be determined from tests taken during the period of major concern as specified in
writing by the County Environmental Health Department. Specific locations for test
holes mati~ also be determined by the Count~~ Environmental Health Department.
Ordinance # 1761: L;ffectiee august 8, 2009
page 78-5
D
2. Steps to ~~-oid Degradation. Describe any steps necessary to a~=oid the degradation of
groundwater and groundwater recharge areas.
Geology -Soils -Slopes.
1. Geologic Hazards. Identify geologic hazards affecting the proposed subdi~nsion which
could result iii propert)~ damage or personal injury due to rock falls or slides; landslides,
mud or snow; surface subsidence (i.e., settling or sinking); or seismic activin~.
2. Protective Measures. L:xplain what measures will be taken to prey=ent or materially lessen
the danger of future propert<~ damage or injure due to any of the hazards referred to
above.
3. Unusual Features. Provide a statement describing any unusual soil, topographic or
geologic conditions on the propert<~ which limit the capabilitti~ for building or excavation
using ordinary and reasonable construction techniques. The statement should address
conditions such as shallow bedrock, high water table, unstable or expansive soil
conditions, and slope. On a map, identifi~ any slopes ui excess of 15 percent grade.
4. SoihMab. 'hhe subdivision shall be overlaid on the Gallatin Count}' Soil Sui-~rey maps
obtained from the Natural Resource and Conservation Service (MRCS). The maps are
1:24,000 in scale. "I"hese maps may be copied without permission. I3owever,
enlargement of these maps could cause misunderstanding of the detail of mapping. Soils
were mapped using a minimum delineation of five acres, and these soils reports were
intended to alert developers to possible problems and the need for a more detailed on-
site investigation. "1 he developer shall provide the following soil reports, which can be
obtained fiom the NRCS:
a. The physical properties and engineering indexes for each soil t5-pe;
b. Soil limitations for building and site development, and water features for each
soil type;
c. Hydric soils report for each soil t}~pe. If hydric soils are present, the developer
shall provide a v~~etlands investigation b~~ a certified consultant, using the 1~'ederal
1~Ianual for Identifying and Delineating Jurisdictional Wetlands ~anuary, 1987);
and
d. The developer shall provide any special design methods planned to overcome the
above limitations.
5. Cuts and Fills. Describe the location and amount of any cut or fill dlree or more feet in
depth. These cuts and fills should be indicated on a plat o~rerlay or sketch map. Where
cuts or fills are necessary, describe any plans to prevent erosion and to promote
revegetation such as replacement of topsoil and grading.
Vegetation.
1. Vegetation Mab. On a plat overlay or sketch map:
a. Indicate the distribution of the major vegetation t~~pes such as marsh, grassland,
shrub, coniferous forest, deciduous forest or mixed forest.
b. Identify critical plant communities such as stream bank or shoreline vegetation;
vegetation on steep, unstable slopes; and vegetation on soils highly susceptible to
wind or water erosion.
2. Protective 1\Ieasures. Describe measures to preserve trees and critical plant communities
(e.g., design and location of streets, lots and open spaces). •
Ordinance # 1761: Effective august 8, 2009
page 78-6
F. Wildlife.
1. S ecies. Describe species of fish and wildlife which use the area affected by the
proposed subdivision.
2. Critical areas. Identify on a plat overlay or sketch map of the proposed subdivision any
known critical, sigiuficant or "key" wildlife areas, such as big game winter range,
waterfowl nestilig areas, habitat for rare or endangered species or wetlands.
3. Pets/Human l~ctivity. Describe the expected effects of pets and human activit}~ on
wildlife.
4. Public ~~ccess. Describe the effects on public access to public lands, trails, bunting or
fishing areas.
5. Protective l~~Ieasures. Describe any proposed measures to protect or enhance wildlife
habitat or to minimize degradation (e.g., keeping building and streets back from
shorelines, setting aside marshland as mlde~reloped open space).
6. The developer shall discuss the impact of the proposed development on fish and wildlife
with the Montana Department of Fish, Wildlife and Parks (hWI'). With the preliminary
plat, the developer shall provide written documentation from FWP that:
a. ~'crifies that FWP has reviewed the proposed plat;
b. lists any FWP recommendations; and
c. Outlines any mitigation planned to overcome and- adverse impacts.
U. I~istorical Features.
1. l~ffected areas. Describe and locate on a plat o~~erlay or sketch map anv known or
possible historic, paleontological, archeological, or cultural sites, structures, or objects
which may be affected by the proposed subdivision.
2. Protective 1~~Ieasures. Describe any plans to protect such sites or properties.
3. Describe procedures to be followed if any historic, paleontological, archeological,
cultural sites, structures or object are found on site during site preparation and
construction.
4. The developer shall discuss the impact of the proposed development on any historic
features, and the need for inventory, study and/or preservation with the State I-Istoric
Presei-~~ation Office (SI1P0). The developer shall provide written documentation from
SIlPO that:
a. Verifies that SI-IPO has reviewed the proposed plat;
b. Lists any SHPO recommendations;
c. Outlines any plans for inventory, study, and/or preservation; and
d. Describes any mitigation planned to overcome any adverse impacts.
5. Information on historical sites shall be prepared by a qualified professional, including
persons with a professional or educational background in history, architectural histoi-~~,
archeology, art history, historic preservation, anthropology and cultural resource
management.
H. agriculture.
1. Number of acres in production and t~~pe of production.
2. ,agricultural operations in the vicinity, and other uses of land in the general vicinit~~.
3. The productivit~~ of the land.
Ordinance # 1761: Effective august 8, 2009 page 78-7
4. Whether or not the propert}~ is part of a viable farm unit, and whether the propert}' was
under production during the last regular season.
5. What measures will be taken, if an~~, to control Tamil}' pets.
C. Fencing °f agricultural Land. Describe an~~ existing fence lines around the subdi~~ision
boundary which protect agricultural lands under an ownership other than of the
deg=eloper, and describe any measure which will be taken to ensure that the owners of
the subdivision will share with the owner of the agricultural lands in the continued
maintenance of the fence.
I. ~giicultural Water User Facilities.
1. 'T'ype, description, ownership and users of facilities.
2. Written documentation demonstrating active use of facilities. If a facilit<~ is not being
activel}~ used, include a written plan for abandonment.
3. Describe any proposed realignment(s). ~~ll realignments must comph~ with all relevant
requirements of state law.
J. Water and Sewer. Provide an engineering design report and~or other documentation
demonstrating that adequate water distribution systems and capacitti~, and sewage collection and
disposal s}'stems and capacit~~, exists to sei-~re the proposed subdivision.
K. Stormwater Management. ~ stormwater management plan shall be submitted with the
preliminar}' plat. :~ system shall be designed to remo~re solids, silt, oils, grease and other
pollutants from the runoff from the private and public streets and all lots, including;
The plan shall depict die retention/detention basin locations, and locate and provide.
easements for adequate drainage wars within the subdivision to transport runoff to the
stormwater receiving channel. Stormwater receiving channels shall be clearly identified
for all ponds.
2. The plan shall include sufficient site grading and elevation information (particularly for
the basin sites, drainage ways and lot finished grades), t)~pical stormwater
retention/detention basin and discharge structure details, basin sizing calculations, and a
stormwater maintenance plan.
3. luny necessary stormwater easements.
L. Streets, Roads and r~lleys.
1. Description. Describe an}' proposed new public or private streets, roads or alley, or
substantial improvements of existing public or private streets, roads or alleys. "I"he
developer shall demonstrate that the land to be subdivided has access onto a legal street.
2. ~~ccess to l~rterial. Discuss whether anv of the individual lots or tracts have access
directly to arterial streets or roads, and if so, the reason access was not provided by
means of a street within the subdivision and how the access complies with ~ 18.44.090,
BMC
3. Modification of Existing Streets, Roads or r~llevs. Explain any proposed closure. or
modification of existing streets, roads or alleys.
4. Dust. Describe provisions considered for dust control on alleys.
5. Pollution and Erosion. Explain how street, road and alley maintenance will be provided
to meet the Department of Environmental Quality guidelines for prevention of water
pollution and erosion. •
Ordinance # 1761: Effective august 8, 2009
page 78-8
6. 'Traffic Generation. Discuss how much dail}~ traffic will be generated on existing local
and neighborhood streets, roads and alleys, when the subdivision is full}~ developed, and
provide the following information.
a. 'The report format shall be as follows:
(1) Trip generation, using the Institute of 'Transportation Engineers "Trip
Generation i\Ianual;
(2) "Trip distribution;
(3) Traffic assignment;
(4) Capacity analysis;
(5) Evaluation; and
(6) Recommended access plan, including access points, modifications and
any mitigation techniques.
b. The report shall include the following information:
(1) Land use and trip generation in the form of a table of each type of land
use, the number of units or square footage, as appropriate, the trip rates
used (daily and peak) and resulting trip generation.
(2) 1`raffic graphics, which show:
(a) .~1\I peak hour site traffic;
(b) PM peak hour site traffic;
(c) ,-11\•1 peak hour total traffic;
(d) PM peak hour total traffic;
(e) 'Total daily traffic (with site generated traffic shown separately).
(3) X1\1 and PM capacity analysis with an 11I~I and P11I peak hour capacity
anal}'sis provided for:
(a) ~ll major drive accesses that intersect collector or arterial streets
or roads; and
(b) ~~ll arterial-arterial, collector-collector and arterial-collector
intersections within one mile of the site, or as required by the
City Engineer during the pre-application review, concept plan
review, or informal project review.
7. Ca aci ~. Indicate the levels of service (before and after development) of existing and
proposed streets and roads, including appropriate intersections, to safel}' handle any
increased traffic. Describe any anticipated increased maintenance that will be necessary
due to increased traffic and who will pay the cost of maintenance.
8. Bicycle and Pedestrian Pathwaes. Lanes and Routes. Describe bicycle and pedestrian
pathways, lanes or routes to be developed with the development.
9. "Traffic Calming. Detailed drawings of any proposed traffic calming installations,
including locations and turning radius templates.
M. Utilities. The developer shall submit a copy of the subdivision plat to all relevant utilit<~
companies. With the preliminary plat, the developer shall provide written documentation of the
• following:
1. effected Utilities. Indicate which affected utilities the subdivision plat has been
submitted to for review, and include a cop}' of responses.
Ordinance # 1761: Effective august 8, 2009 page 78-9
2. Include a Description of.
a. The method of furnishing electric, natural gas, cable TV, Internet or telephone
sei~rice, where provided.
b. Estimated timing of each utility- installation.
c. The developer shall pro~~ide a written statement from the utility comparues that
the proposed subdivision can be provided with sei-~~ice.
N. Educational Facilities. With the preliminaiS~ plat, provide a written statement from the
administrator of the appropriate school system indicating whether the increased enrollment can
be accommodated by the present personnel and facilities and b}~ the eaistiiig school bus system.
O. Land L;'~ se.
1. Indicate the proposed use(s) and number of lots or spaces ii1 each:
a. Residential area, single-household;
b. Residential area, multiple-household. T'}'pes of multiple-household structures
and numbers of each (e.g., duplex, four-plea);
c. Planned unit development (number of units);
d. Condominium (number of units);
e. 1~Ianufactured housing community (number of units);
£ Recreational vehicle park;
g. Commercial or industrial; and
h. Other (please describe).
P. Parks and Recreation Facilities. The following information shall be provided for all land used to
meet parkland dedication requirements:
1. Park plan, including:
a. Bite plan for the entiie propert}'; showing developer installed improvements on
the initial park plan and proposed future improvements on the future park plan;
b. Drainage areas;
c. Utilities in and adjacent to the propert)~;
d. The zoning and ownership for adjacent properties;
e. The location of any critical lands (wetlands, riparian areas, streams, etc.) and
location of watercourse setbacks;
£ Park landscaping plan, prepared by a qualified landscape. professional in
accordance with '~A18.78.100, showing the location and specific types and species
of plants, shrubs, trees as well as grass seed mixes;
g. General description of land, including size, terrain, details of location and history,
and proposed activities;
h. Trail design and construction showing compliance with adopted City standards
and trail classifications;
i. The requirement for approval of the fuial park plan by the City Commission with
a recommendation from the Bozeman Recreation and Parks ~dvisorv Board
prior to any site work;
•
j. The requirement for a preconstruction meeting prior to any site work;
Ordinance # 1761: Effective .~~ugust 8, 2009
page 78-10
•
j. appropriate sections from the "Design Guidelines ,for City o~~ Bozen~af~
Pay°ks ";
k. Cost estimate and installation responsibility for all improvements;
1. 1f pla}ground equipment will be provided, information including the
manufacturer, installation data and specifications, installer, type of fall zone
surfacing and age group intended for use shall be provided; and
m. Soils information and anal}-sis.
2. Park ~2aintenance.
a. ~'~laintenance information, including levels of maintenance, a maintenance
schedule, and responsible parties;
b. Weed control plan, including responsible parties; and
c. Plan for garbage collection, snow removal and leaf removal including responsible
parties.
3. Irrigation Information.
a. ,fin irrigation s}stem map generally showing the locations and types of lines,
including depth, water source, heads, electric valves, quick couplers, drains and
control box; and
b. If a well will be used for irrigation, a certified well log shall be submitted showing
depth of well, gpm, pump type and size, voltage, water rights, etc.
4. Phasing. If improvements will be phased, a phasing plan shall be provided including
proposed financing methods and responsibilities.
•
Q. Neighborhood Center Plan. r~ neighborhood center plan shall be prepared and submitted for all
subdivisions containing a neighborhood center.
R. Lighting Plan. The following subdivision lighting information shall be submitted for all new
subdivisions:
1. I'or subdivision applications where lighting is required or proposed, lighting plans shall
be submitted to the Citti~ for review and approval, and shall include:
a. Isofootcandlc plots for individual fixture installations, and 10 foot by 10 foot
illuminance-grid plots for multi-fixture installations, which demonstrate
compliance with the intensitti~ and uniforrnit}~ requirements as set forth in this
ordinance.
•
c. Description of the proposed equipment, including fixture manufacturer's
cutsheets, photometrics, glare reduction devices, lamps, on/off control devices,
mounting heights, pole foundation details and mounting methods.
d. 'I"he lighting plan shall be prepared, and certified for compliance with the Cit}~'s
design requirements and illumination standards, b}' a qualified lighting
professional. Qualified lighting professionals include electrical engineers,
architects, lighting designers and manufacturers representatives.
e. Lighting calculations shall include only the illuminated areas; areas occupied b}'
buildings or other non-lighted areas shall be excluded from calculations.
2. When requested by the City of Bozeman, the applicant shall also submit avisual-impact
plan that demonstrates appropriate steps haee been taken to mitigate on-site and off-site
glare and to retain the City's character.
Ordinance # 1761: Effective 1'~ugust 8, 2009
page 78-11
3. Post-approval alterations to lighting plans or intended substitutions for approved lighting
shall only be made after Cit}~ of Bozeman review and approval.
S. IVliscellaneous. •
1. Public Lands. Describe how the subdivision will affect access to any public lands.
Where public lands are adjacent to or within 200 feet of the proposed development,
describe present and anticipated uses for those lands (e.g., open space, recreation, etc.),
and how public access will be presen-ed/enhanced.
2. Hazards. Describe any health or safert~ hazards on or near the subdivision, such as
mining activitt~ or potential subsidence, high pressure gas lines, dilapidated structures or
high voltage power lines. ~~ny such conditions should be accurately described and then
origin and location identified. List any provisions that will be made to mitigate these
hazards. .also describe any on-site or off-site land uses creating a nuisance.
T. :affordable Housing, Describe how the subdivision will satisfy the requirements of 'Title 17
Chapter 2, BMC. The description shall be of adequate detail to clearly identif~~ those lots
designated as subject to Title 17, Chapter 2, BI\IC compliance requirements and to make the
obligations placed on the affected lots readily understandable.
1. On all lots intended to be used to satisf~~ the requirements of Chapter 17.02, B1~IC the
allowable building envelope shall be depicted.
18.78.070 FINAL PLAT
~~ final subdivision plat may not be approved by the Cite Commission unless all certificates, with the
exception of the Director of Public Sei-~rice and the County Clerk and Recorder, have been complied
with, signed and notarized and all subdivision regulations and conditions of preliminary plat approval
have been met. ~~ final subdivision plat may not be filed with the Count<~ Clerk and Recorder unless all
certificates, with the exception of the Count} Clerk and Recorder, have been complied with, signed and
notarized. This shall include the Certification by the CountS~ "Treasurer that no real propert<~ tapes and
special assessments assessed and levied on the land to be subdivided are delinquent.
~~. .~ final subdivision plat may not be approved by the CitS~ Commission or filed by the Count}'
Clerk and Recorder unless it complies with the uniform standards for final subdivision plats
08.94.3003, ~R1~I).
B. .~~ letter from the City l~ngineer shall be subntted to the Planning Department with the final
plat application, where applicable, certifying that the following documents have been received:
1. As-built drawings, i.e., copies of final plans, profiles, grades and specifications for public
improvements, including a complete. grading and drainage plan.
2. Copy of the state highway access or encroachment permit where a street created by the
plat will intersect with a state highway
C. Noxious Weed l~IOU. Prior to final plat approval, a memorandum of understanding shall be
entered into by the Weed Control District and the developer. The memorandum of
understanding shall be signed by the district and the developer prior to final plat approval, and a
copy of the signed document shall be submitted to the Planning Department with the
application for final plat approval.
D. Final Park Plan. For all land used to meet parkland dedication requirements, a final park plan
shall be submitted to the City of Bozeman for review and approval prior to final plat. 'The
installation of any park improvements to meet minimum development standards or conditions
of approval shall comply with Chapter 18.74, BMC. The final park plan shall be reviewed and •
approved by the City Commission, with a recommendation from the Bozeman Recreation and
Ordinance # 1761: Effective august 8, 2009
page 78-12
Parks l~d~-isory Board. "1'he final park plan shall include all of the information listed in
~~18.78.060.P of this chapter.
F'.. Irrigation System l~s-Builts. The developer shall provide irrigation system as-builts, for all
irrigation installed vi public rights-of-wav and/or land used to meet parkland dedication
requirements, once the irrigation system is installed. The as-builts shall include the exact
locations and r5~pe of lines, including accurate depth, water source, heads, electric valves, quick
couplers, drains and control box.
F. lyffordable Housing. The developer shall provide a description of how the subdivision has
complied with "Title 17 Chapter 2, BMC. The description shall be of adequate detail to clearl>>
identify those lots designated as subject to "Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots readily understandable.
18.78.080 SITE PLAN SUBMITTAL REQUIREMENTS
applications for all site plan approvals shall be submitted to the Planning Department on forms
provided by the Planning Director. '1 he site plan application shall be accompanied by the appropi~ate
fee and development plans showing sufficient information for the approval authority to determine
whether the proposed development will meet the development requirements of the Cit}'.
~. Generallnformation.
1. Complete, signed application including the following:
a. Name of project development;
b. I_,ocation of project development by street address and legal description;
c. Name and mailing address of developer and owner;
d. Name and mailing address of engineer/architect, landscape architect and~or
planner;
c. I_.isting of specific land uses being proposed; and
f. I~ statement signed by the owner of the proposed development of their intent to
comply with the requirements of the Bozeman Municipal Code and and-
conditions considered necessary by the approval body;
2. Location map, including area within one-half mile of the site;
3. List of names and addresses of propertt~ owners according to Chapter 18.76, BMC;
4. For all developments, excluding sketch and reuse/further development, a construction
route map shall be provided showing how materials and hea~~}~ equipment will travel to
and from the site. The route shall avoid, where possible, local or minor collector streets
or streets where construction traffic would disrupt neighborhood residential character or
pose a threat to public health and safety.
B. Site Plan Information. The following information is required whenever the requested
information pertains to zoning or other regulatory requirements of this title, existing conditions
on-site or conditions on-site which would result from the proposed development:
1. Boundary lu7e of propert}' with dimensions;
2. Date of plan preparation and changes;
3. North point indicator;
4. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet;
5. Parcel(s) and site coverage information:
a. Parcel size(s) in gross acres and square feet;
Ordinance # 1761: Effective august 8, 2009 page 78-13
b. I~stiimated total floor area and estimated ratio of floor area to lot size (floor area
ratio, F1~R), with a breakdo~ti-n by land use; and
c. Location, percentage of parcel(s) and total site, and square footage for the
following:
(1) Existing and proposed buildings and structures;
(2) Driveway and parking;
(3) Open space and/or landscaped area, recreational use areas, public and
semipublic land, parks, school sites, etc.; and
(4) Public street right-of-wa~~;
C. 'Total number, t5~rpe and densit}~ per t}~pe of dwelling units, and total net and gross
residential density and densit<~ per residential parcel;
7. Location, identification and dimension of the following existing and proposed data, on-
site and to a distance of 100 feet (200 feet for PUDs) outside site plan boundai-~~,
exclusive of public rights-of-wa}~, unless otherwise stated:
a. Topographic contours at a minimum inter-~~al of 2 feet, or as determined by the
Planning Director;
b. adjacent streets and street rights-of-wa~~ to a distance of 150 feet, except for sites
adjacent to major arterial streets where the distances shall be 200 feet;
c. On-site streets and rights-of--way;
d. Ingress and egress points;
e. 'Traffic flow on-site;
f. Traffic flow off-site;
g. Ltilities and utility rights-of-wa~~ or easements:
(1) Electric;
(2) Natural gas;
(3) 'I"elephone, cable 1'V, and similar utilities;
(4) Water; and
(5) Sewer (sanitai-~-, treated effluent and storm);
h. Surface water, including:
(1) Holding ponds, streams and irrigation ditches;
(2) Watercourses, water bodies and wetlands;
(3) Floodplains as designated on the Federal Insurance Rate Map or that may
otherwise be identified as lying within a 100-}'ear floodplain through
additional floodplain delineation, engineering analysis, topographic
survey or other objective and factual basis; and
(4) a floodplain analysis report in compliance with Chapter 18.58 of this title
if not previously provided with subdivision review;
i. Grading and drainage plan, including provisions for on-site retention/detention
and water qualit~~ improvement facilities as requiied b~~ the Engineering
Department, or in compliance with any adopted storm drainage ordinance or
best management practices manual adopted b}' the Ciry;
(1) all drainageways, streets, arroyos, dry gullies, diversion ditches, spillways,
resei-~roirs, etc. which may be incorporated into the storm drainage
system for the property shall be designated:
(a) The name of the drauiageway (where appropriate);
Ordinance # 1761: Effective august 8, 2009
page 78-14
•
•
(b) "1"he do~enstream conditions (developed, available draiiiagewais,
etc.); and
(c) ~1n}~ downstream restrictions;
j. Significant rock outcroppings, slopes of greater than 15 percent or other
sigtuficant topographic features;
k. Sidewalks, walkways, driveways, loading areas and docks, bike~~ays, including
typical details and interrelationships with vehicular circulation system, indicating
proposed treatment of points of conflict, a statement requiring lot accesses to be
built to the standard contained in this section, the Cit,~ of Bozeman Design
Standards and Specifications Police, and the City of Bozeman Modifications to
Montana Public Works Standard Specifications;
1. Provision for handicapped accessibility, including but not limited to, wheelchair
ramps, parking spaces, handrails and curb cuts, including construction details and
the applicant's certification of <~Dly compliance;
m. Fences and walls, including typical details;
11. E~terlOr S1gI1S;
o. F.aterior refuse collection areas, including typical details;
p. 1~ site plan, complete with all structures, parking spaces, building entrances,
traffic areas (both vehicular and pedestrian), vegetation that might interfere with
lighting, and adjacent uses, containing a layout of all proposed fixtures by
location and type. The materials required in ~118J8.O60.R, BMC, if not
previously provided;
q. Curb, asphalt section and drive approach construction details;
r. Landscaping (detailed plan showing plantings, equipment, and other appropriate
information as required in X18.78.100, BMC);
s. unique natural features, significant wildlife areas and ~regetative cover, including
e~istiizg trees and shrubs having a diameter greater than 2.5 inches, by species;
t Snow storage areas;
u. Location of City limit boundaries, and boundaries of Gallatin Count}''s Bozeman
area 'Zoning) urisdiction, within or near the development;
~r. h,~istiiig zoning within 200 feet of the site;
w. Historic, cultural and archeological resources, describe and map any designated
historic structures or districts, and archeological or cultural sites; and
~. Major public facilities, including schools, parks, trails, etc.;
8. Detailed plan of all parking facilities, including circulation aisles, access drives, bicycle
racks, compact spaces, handicapped spaces and motorcycle parking, on-street parking,
number of employee and non-employee parking spaces, existing and proposed, and total
square footage of each;
9. The information required by 'j~18.78.060 L., BMC, subject to the following exceptions:
a. Such information was previously provided through a subdivision review process;
or
. b. '1"he provision of such information was waived in writing by the City Engineer
during subdivision review of the land to be developed; or
Ordinance # 1761: Effective august 8, 2009 page 78-15
c. 1'he pro~rision of such information is waived iii writing b}~ the Cin~ h.ngineer
prior to submittal of a prelirninar~° site plan application; or
d. "the application for site plan approval involves die redevelopment of property
located within the CitS~'s established Neighborhood Conservation Overlay
District. In such cases, die Cite may require the properrt~ owner to sigh a Waiver
of Right to Protest Creation of a Special Improvement District, or other form of
agreement, assuring participation, on a fair share, pro-rata basis, in future
improvements to intersections in the ~-iciiuty of the development proposal; or
e. "I'he application for site plan approval involves the adaptive reuse of an existing
building, regardless of its location within the City, or the redevelopment of a
propert,~ located within one of the Cit<~'s Urban Renewal Districts. In cases
where an existing building or complex of buildings is to be torn down and
replaced with a larger building or complex of buildings, the Cit<~ I=~ngiiiecr may
require the information described in Section 18.78.060 I.. to evaluate the
additional traffic impacts resulting from development of the larger building or
complex of buildings.
10. Building design information (on-site):
a. Building heights and elevations of all exterior walls of die building(s) or
structure(s);
b. Height above mean sea level of the elevation of the lowest floor and location of
lot outfall when the structure is proposed to he located in a floodwav or
floodplaul area;
c. I-Floor plans depicting location and dimensions of all proposed uses and acti~rities;
and •
d. '~11 onsite utilities and mechanical equipment;
11. Description and mapping of soils existing on the site, accompanied by analysis as to the
suitabilitt~ of such soils for the intended construction and proposed landscaping;
12. Temporai-~~ facilities plan showing the location of all temporai~~ model homes, sales
offices and/or construction facilities, including temporaiS~ signs and parking facilities;
13. Unless already prop>ided through a previous subdivision review, a noxious weed control
plan complying with X18.78.050, BMC; and
14. Drafts of applicable supplementary documents as set forth iii Chapter 18.72 of tlvs title.
15. The information necessary to complete the determination of density change and
parkland provision required by ~18.50.020.B, BMC, unless such information was
pre~riously determined by the City to be inapplicable and written confirmation is
provided to the applicant prior to submittal of a preliminary site plan application. If a
new park will be created by the development the park plan materials of j~18.78.060.P,
BMC shall be provided.
16. affordable Housing. Describe how the site plan will satisfy any requirements of Title 17
Chapter 2, BMC which have either been established for that lot(s) through the
subdivision process or if no subdivision has pre~riously occurred are applicable to a site
plan. The description shall be of adequate detail to clearly identify those lots and
dwellings designated as subject to "Title 17, Chapter 2, BMC compliance requirements
and to make the obligations placed on the affected lots and dwellings readily
understandable.
Ordinance # 1761: Effective august 8, 2009 page 78-16
18.78.090 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL APPLICATION
REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA
~~. Submittal Requirements for Certificates of I~~propriateness. rill development proposals
requiring certificates of appropriateness (i.e. located it1 a neighborhood conservation or enti-~nvay
corridor overlay districts) shall submit the following information iii addition to anv sketch plan,
site plan or special development submittal requirements for the proposal:
1. Neighborhood Conservation Overlay District. Certain information shall be provided to
the appropriate review authorit~~ to review prior to granting or denying a certificate. of
appropriateness. The extent of documentation to be submitted on any project shall be
dictated b~~ the scope of the planned alteration and the information reasonably necessary
for the appropriate review authority to make its determination. lit a mii>i~num, the
following items shall be included in the submission:
a. Completed application on form provided by the Planning Department;
b. One current picture of each elevation of each structure planned to be altered and
such additional pictures of the specific elements of the structure or property to
be altered that will clearly express the nature and extent of change planned.
Except when otherwise recommended, no more than eight pictures should be
submitted and all pictures shall be mounted on letter-size sheets and clearly
annotated with the propert}~ address, elevation direction (N, S, L, ~ and
relevant information;
c. Sketch plan or site plan information, as per j118.34.050 or ~ 18.34.0(0, I3~IC;
d. Historical information, including available data such as pictures, plans,
authenticated verbal records and similar research documentation that may be
relevant to the planned alteration;
e. Materials and color schemes to be used;
f. Plans, sketches, pictures, specifications and other data that will clearl}~ express the
applicant's proposed alterations;
g. ~~ schedule of planned actions that will lead to the completed alterations;
h. Such other information as may be suggested b}' the Planning Department;
i. It is further suggested that the applicant seek comments from the neighborhood
or area; and
j. Description of any applicant-requested deviation(s) and a narrative explanation
as to how the requested deviation(s) will encourage restoration and rehabilitation
activity that will contribute to the overall historic character of the communit)~.
2. Entryway Overlay District.
a. Dependilig on the complexity of development, either sketch plans or site plans
will be required as specified in this chapter.
b. If the proposal includes an application for a deviation as outlined in ~~ 18.66.050,
BMC, the application for deviation shall be accompanied by written and graphic
material sufficient to illustrate the conditions that the modified standards will
produce, so as to enable the City Commission to make the determination that the
deviation will produce an environment, landscape qualit<~ and character superior
• to that produced by the existing standards, and will be consistent with the intent
and purpose of Chapter 18.30, BMC.
Ordinance # 1761: Effective l~ugust 8, 2009 page 78-17
18.78.100 SUBMITTAL REQUIREMENTS FOR LANDSCAPE PLANS
~~ These landscape regulations apple to a lot or site subject to plan review and approval outlined in
Chapter 18.34, I3MC, a separate landscape plan shall be submitted as part of the site plan
application unless the required landscape information can be included in a clear and uncluttered
manner on a site plan with a scale where 1 inch equals 20 feet.
B. Landsc,a~e Plan Format. 1"he landscape plan submittal shall include:
1. Suggested scale of 1 inch equals 20 feet but not less than 1 inch equals 100 feet; and
2. Standard drawing sheet of a size not to exceed 24- b}' 3C-inches. ~ plan which cannot
be drawn entirelti~ on a 24- be 36-inch sheet must be drawn on ttvo or more sheets, ~~rith
match lines.
C. Preparation of Landscape Plan. Landscape plans shall be prepared and certified b}~:
1. .~ registered ~-Iontana landscape architect;
2. !fin individual with a degree in landscape design and two years of professional design
experience iii 1~7ontana; or
3. .fin individual with a degree in a related field (such as horticulture, botany, plant science,
etc.) and at least five years of professional landscape design experience, of which two
years have been in D~lontana.
D. Contents of Landscape Plan. ~ landscape plan required pursuant to this title shall contail7 the
following information:
1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the
property owner and the person preparing the plan;
2. Location of existing bowidary lines and dimensions of the lot;
3. 13ppro~imate centerlines of existing watercourses, required watercourse setbacks, and the
location of any 100-year floodplavi; the approxiinate location of significant drainage
features; and the location and size of existing and proposed streets and alleys, utility
easements, utilit~~ lines, drivewa}'s and sidewalks on the lot and~or adjacent to the lot.
4. Project name, street address, and lot and block description;
5. Location, height and material of proposed screening and fencing (with berms to he
delineated by one foot contours);
6. Locations and dimensions of proposed landscape buffer strips, including watercourse
buffer strips;
7. Complete landscape legend providing a description of plant materials shown on the plan,
including typical symbols, names (common and botanical name), locations, quantities,
container or caliper sizes at installation, heights, spread and spacing. 'The location and
t~~pe of all existing trees on the lot over 6 inches in caliper must be specifically indicated;
8. Complete illustration of landscaping and screening to be pro~-ided iii or near off-street
parking and loading areas, including information as to the amount (in square feet) of
landscape area to be provided internal to parking areas and the number and location of
required off-street parking and loading spaces;
). Ian indication of how existing healthy trees (if any) are to be retained and protected from
damage during construction;
10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and
water features;
11. ~-~ description of proposed watering methods;
Ordinance # 1761: Effective ~~ugust 8, 2009
page 78-18
12. Location of street vision triangles on the lot (if applicable);
13. 'Tabulation of "points" earned by the plan (see jA18.48.060 of this title);
14. llesignated snow remo~-al storage areas;
15. Location of pavement, curbs, sidewalks and gutters;
16. Show location of existing and/or proposed drainage facilities which are to be used for
drainage control;
17. Existing and proposed grade;
18. Size of plantings at the time of installation and at maturity;
19. areas to be irrigated;
2U. Planting plan for watercourse buffers, per jy18.42.100, I31~IC, if not previously provided
through subdivision review; and
21. Front and side elevations of buildings, fences and walls with height dimensions if not
otherwise provided by the application. Show open stait-wav_ s and other projections from
caterior building walls.
18.78.110 SKETCH PLAN SUBMITTAL REQUIREMENTS
~~ sketch plan shall be drawn to scale and in sufficient detail to demonstrate compliance with the
requirements of this title. Sketch plans shall be oriented with north at the top of the page and shall also
show site boundaries, street and alle~° frontages with names, and location of all structures with distances
to the nearest foot between buildings and from buildings to propert}' lines.
18.78.120 PLANNED UNIT DEVELOPMENT SUBMITTAL REQUIREMENTS
'The following material shall be submitted for review with each planned unit development.
1~. Submittal Requirements for Pre-applications. The following information and data shall bc.
submitted for pre-application review. The number of copies required shall be determined b}' the
Planning Department
1. Data regarding site conditions, land characteristics, available communit}~ facilities and
utilities and other related general information about adjacent land uses and the uses of
land within one-half mile of the subject parcel of land;
2. Conceptual (sketch) drawing showing the proposed location of the uses of land, major
streets and other significant features on the site and within one-half mile of the site; and
3. r~ computation table showing the site's proposed land use allocations by location and as
a percent of total site area.
I3. Submittal Requirements for Preliminar~~ Plans. The following information and data shall be
submitted for preliminan' plan review. The number of copies required shall be determined by
the Planning Department:
1. Document Requirements. The following information shall be presented in an 8'/a- by f l -
inch vertically bound document. "The document shall be bound so that it will open and
lie flat for reviewing and organized in the following order:
a. application forms;
b. ~ list of names of all general and limited partners and/or officers and directors
of the. corporation involved as either applicants or owners of the planned unit
development;
Ordinance # 1761: Effective august 8, 2009
c. ~ statement of planning objectives, including:
page 78-19
(1) Statement of applicable Cir<~ land use policies and objectives achieved b}'
the proposed plan and how it furthers the implementation of the
Bozeman growth policy;
(2) Statement o£
(a) Proposed ownership of open space areas; and
(b) applicant's intentions with regard to future ownership of all or
portions of the planned unit development;
(3) Estimate of number of employees for business, commercial and
industrial uses;
(4) Description of rationale behind the assumptions and choices made by the
applicant;
(5) Where deviations from the reyuuements of this title are proposed, the
applicant shall submit evidence of successful completion of the
applicable community design objectives and criteria of ~~18.3G.090, B~IC.
The applicant shall subnut written explanation for each of the applicable
objectives or criteria as to how the plan does or does not address the
objective or criterion. The Planning Director may require, or the
applicant may choose to submit, evidence that is beyond what is required
in that section. ~~ny element of the proposal that varies from the criterion
shall be described;
(6) Detailed description of how conflicts behveen land uses of different
character are being avoided or mitigated; and
(7) Statement of design methods to reduce energy consumption, (e.g.,
home/business utilities, transportation fuel, waste recycling);
d. ~~ development schedule indicating the approximate date when construction of
the planned unit development, or stages of the same, can be expected to begin
and be completed, including the proposed phasing of construction of public
improvements and recreational and common space areas;
e. One reduced version of all preliminai~~ plan and supplemental plan maps and
graphic illustrations at 8'/z- b~~ 11-inches or 11- b~~ 17-inches size.
2. Site Plan Reduirements. ~ site plan of the proposed development drawn at a scale of not
less than 1 inch equals 100 feet, composed of one or more sheets with an outer
dimension of 24- b~• 36-inches, showing the information required for site plans in
518.78.080, Bl~1C plus the following additional information:
a. Notations of proposed ownership, public or private, should be included where
appropriate;
b. "I'he proposed treatment of the perimeter of the planned unit development,
including materials and techniques used, such as screening, fences, walls and
other landscaping; and
c. Attorne~~'s or owner's certification of ownership.
3. Supplemental Plan Reduv-ements.
a. Viewsheds.
(1) Looking onto and across the site from areas around the site, describe and
map the views and vistas from adjacent properties that may be blocked
or impaired by development of the site;
(2) Describe and map areas of high visibilit<~ on the site as seen from
adjacent off-site locations;
Ordinance # 1761: Effective august 8, 2009 page 78-20
b. Street Cross Sections if Different From Cite Standards. Street cross-section
schematics shall be submitted for each general categoi~~ of street, vicluding:
(1) The proposed width;
(2) "Treatment of curbs and gutters, or other storm water control system if
other than curb and gutter is proposed;
(3) Sidewalk systems; and
(4) Bikeway systems, where alternatives to the design criteria and standards
of the City are proposed;
c. Physiographic data, including the fallowing:
(1) .~ description of the hydrologic conditions of the site with analysis of
water table fluctuation and a statement of site suitabilit<~ for intended
construction and proposed landscaping. 'The description of the
hydrologic conditions shall include depth to growidwater measurements
taken I~Ia>~ 15th through September 15th;
(a) ~~n alternative to the actual measurement of water table depth
ma}' be offered provided that such alternative includes a detailed
soil profile, including a detailed description of the soil which
follows The National Cooperative Soil Sm-~rey Field Book for
describing soils and which provides good and sufficient evidence
to establish the presence and depth of a seasonal water table, a
land form position or location, or other physiographic data
which are sufficient to establish the minimum depth to
groundwater. Some soils are not easily profiled to establish an
off-season high water table, such as diosc underlain by sand or
• gravel, those high u7 organic matter and those with a high lime
content. Physical monitoring of these t~~pes of soils may be
necessary;
(3) Locate and identif~~ the ownership of existing wells or well sites within
400 feet of the site;
d. Preliminai-~y Subdi~rision Plat. If the project involves or requires platting, a
preliminai-~y subdivision plat, subject to the requirements of this title relative to
subdivisions, shall be submitted;
e. 'Traffic Impact r~nal,~sis. Not withstanding the waiver prop=isions of
~18J8.080.B.9, Bi~IC, at the discretion of the Ciri' Engineer, a traffic impact
analysis shall be prepared based upon the proposed development. The analysis
shall include provisions of the approved development guidelines, and shall
address impacts upon surrounding land uses. The Director of Public Service ma}~
require the traffic impact analysis to include the information ill §18.78.050.L,
B1~IC. If a traffic impact analysis has been submitted as part of a concurrent
subdivision review, that analysis shall meet this requirement;
f. ~~dditional Studies and Plans. If the development's compliance with the
community design objectives and criteria is under question, the Cite Commission
may require additional impact studies or other plans as deemed necessary for
providing thorough consideration of the proposed planned unit development;
g. r~ proposed draft of a legal instrument containing the creation of a propert'
owner's association sufficient to meet the requirements of X18.72.020, BMC shall
be submitted with the preliminary plan application.
Ordinance # 1761: Effective l~ugust 8, 2009 page 78-21
C
Submttal Reduirements for Final Plans.
1. ~ completed and signed application form;
2. 1~ list of names of all general and limited partners and~or officers and directors of the
corporation invoh~ed as either applicants or owners of the planned unit development;
3. Site Plan Submittal Reduirements.
a. a final plan site plan shall be submitted on a 24- by 36-inch sheet(s) at the same
scale as the approved prelinunaiy plan. If a different scale is requested or
required, a copy of the approved preliminary plan shall be submitted that has
been enlarged or reduced to edual the scale of the final plan. However, only the
scales permitted for the preliminary plans shall be permitted for final plans.
b. 1'he final plan site plan shall show the following >1lformation:
(1) Land use data (same information as required on the preliminary site
plan);
(2) I.ot lines, easements, public rights-of-way as per subdivision plat;
(3) attorney's or owner's certification of ownership;
(4) Planning Director certification of approval of the site plan and its
conformance with the preliminary plan; and
(5) Owners certification of acceptance of conditions and restrictions as set
forth on the site plan;
4. Supplemental Plans.
a. Final Landscape Plan. a final landscape plan consistent with the conditions and
restrictions of the approved prelin~lary plan shall be submitted. It shall also be
consistent with the Chapter 18.48, BI~IC, except that any stated conditions and
restrictions of the prelin~iaiy plan approval shall supersede the provisions of
Chapter 18.48, BI\IC;
b. Final Subdivision Plat. an official final subdivision plat of the site must
accompany the final planned unit development plan when applicable. CitS~
approval of the final subdivision plat shall be required before issuance of
building permits;
c. Final Utili ,~ flans. Prior to submission of the final plan to the DRC and ~~DR
staff, engineering plans and specifications for sewer, water, street improvements
and other public improvements, and an executed improvements agreement in
proper form providing for the installation of such improvements, must be
submitted to and approved by the CitS~; and
d. Open Space Maintenance Plan. a plan for the maintenance of open space,
meeting the requirements of X18.72.040, BMC, shall be submitted with an
application for final plan approval. Open space shown on the approved final
plan shall not be used for the construction of any structures not shown on the
final plan.
18.78.130 SUBMITTAL MATERIALS FOR REGULATED ACTIVITIES IN WETLANDS
~lll parties applying for activity (s) permits proposing action(s) affecting Federal, State or CitS~ regulated
wetlands, watercourses and/or buffers withiYi the Cit}' limits shall submit the following information to
the Water Review Board:
.~~. a Wetland and Watercourse Deluieation Report must be submitted to the cit}' for all projects, if •
aquatic resources are present If no aquatic resources are present, a letter shall be submitted to
the City stating that there are no water resources within the subject propert<~.
Ordinance # 1761: Effective .~yugust 8, 2009 page 78-22
1. "Phis Wetland and Watercourse Delineation Report shall include, but not be limited to,
the following:
a. Wetland and ~~~atercourse descriptions;
b. Functional assessment, as determined b}~ a State-accepted functional assessment
method, i.e. 1~~Iontana Department of 'Transportation (Berglund and
1~IcEldowney 2008) or 1~Iontana Department of Environmental Qualit~r
(~pfelbeck and I^arris 2005);
c. Wetland t}'pes, as determined by aState-accepted functional assessment method
(i.e. Cowardin et al 1979);
d. Wetland acreages (by a licensed surveyor);
e. 1\laps with property boundaries, wetland and watercourse boundaries and
acreages; and
f. Wetland data forms (U.S. l~rmy Corps of L'ngineers Data Forms).
B. If activities are planned in and~or adjacent to aquatic resources the following information is
required:
L ~~~ site plan which shows the property boundar}~; delineated wetland and watercourse
boundaries; buffer boundaries; and all existing and proposed structures, roads, trails, and
easements. The site plan will include a table of eaistiiig wetland functional ratings and
acreage, required buffers and acreage, and linear feet of all watercourses and ditches.
a. ~ll direct impacts to wetlands, watercourses, and buffers shall be highlighted and
summarized in a table on the site plan. "The water resource and buffer summary
table shall include wetland/watercourse identification number; corresponding
. buffer width and acreage; total site, wetland, watercourse, ditch, and buffer
acreages; jurisdictional status; impacts to all water resources and buffers; and,
mitigation types and acreages.
b. ~ll indirect impacts (e.g. shading from boardwalks or public utilit~~ well
drawdown) shall be summarized in the document.
2. Include a map with all proposed mitigation areas and their required buffers. 'The map
will include a table of mitigation wetland type and acreage and required buffers and
acreage. Describe the functional unit gain of the wetland mitigation (as determined by a
State-accepted functional assessment method).
3. The source, rnpe and method of transport and disposal of any fill material to be used,
and certification that the placement of fill material will not violate any applicable state or
federal statutes and regulations as listed in 18.78.020.
4. "I`he names and addresses of all property owners within 200 feet of the subject propert}'•
"I'he names and addresses shall also be provided on self-adhesive mailing labels.
5. Copies of the following: (a) any Clean Water rlct (CW!-~) Section 404 and 401 permits;
(b) an}' hIT 301 permits; (c) any floodplain determinations for the proposed site(s)
known to the applicant; (d) an}' other applications, state or federal, for wetlands permits
regarding the proposed site(s); (e) an}~ US Army Corps of Engineers jurisdictional
determinations regarding wetlands on the proposed and adjacent site(s); (f) and, if
rele~rant, any II'I' state joint applications for the proposed project site(s)
6. ~ completed Wetland Review Checklist.
C. If in the preparation or review of the required submittal materials it is determined that there are
unavoidable impacts to wetlands and/or watercourses that will require a Federal Clean Water
Ordinance # 1761: L:ffective august 8, 2009 page 78-23
rlct permit, then the following information will be submitted to the city for all federal
jurisdictional and Cit<~-regulated wetlands (see 1 H.80.3170) in a Compensatoi~~ 1\~Iitigation Report:
1. 1'he descripti~re portion of the Compensators 1~litigation Report shall include, at a
muurnum:
a. The name and contact information of the applicant; the name, qualifications, and
contact information for the priinar~~ author(s) of the Compensatoi-~~ I~litigation
Report; a description of the proposal; summai-~~ of the direct and indirect impacts
and proposed mitigation concept; identification of all the local, State, and federal
wetland stream-related permit(s) required for the project; and, a vicinity map for
the project.
b. Description of the existing wetland, watercourse and buffer areas that will be
impacted including area based on professional sui-~'eys; dominant vegetation; and
functional assessments and wetland ratings for the entire wetland and the
portions proposed to be impacted.
c. ran assessment of the potential changes in wetland h}-droperiod for the proposed
project and how the design has been modified to avoid, minimize or reduce
impacts to the wetland hydroperiod.
d. ~ description of the proposed conceptual mitigation actions for wetland,
watercourse and buffer areas. Provide specifications (including buffers) for all
proposed mitigation for wetland watercourse/buffer impacts. Include a map
with all proposed tnitigation areas and their required buffers;
e. An assessment of existing conditions in the zone of the proposed mitigation
including vegetation communit)~ structure and composition, existing
hydroperiod, existing soil conditions, and existing wetland functions.
f. Provide field data that was collected to document the existing conditions of the
proposed nutigation sites and on which the future hydrologic and soil conditions
of the mitigation wetlands are based (e.g. h>drologic conditions: piezometer data,
staff/crest gage data, hydrologic modeling, visual obsei-~~ations; soil conditions:
data from hand-dug or mechanical soil pits or boring results). Do not rely on
soil survey data for establishing existing conditions.
g. ~~ planting schedule by proposed community t}'pe and hydrologic regime, size
and type of plant material to be installed, spacing of plants, "typical" clustering
patterns, total number of each species by community type, timing of installation,
nutrient requirements, watering schedule, weed control, and where appropriate
measures to protect plants from destruction. Native species shall comprise 80%
of the plants installed or seeded within the mitigation site.
h. The mitigation monitoring plan should include a period of not less than 3 years,
and establish the responsibilit}' for long-term removal of invasive vegetation.
j. Wetland mitigation performance criteria (measurable standards reflective of
expected development goals established for each year after the mitigation site is
established, i.e. "!fit the end of 3 years there will be an 80% survival of the
planted shrubs and trees.") for mitigation wetlands and buffers, a monitoring
schedule, reporting requirements to the City, and maintenance schedule and
actions for each ~~ear of monitoring.
j. Contingency plans which clearly define course of action or corrective measures
needed if Performance Criteria are not met.
Ordinance # 1761: effective t~ugust 8, 2009 page 78-24
2. The scaled plan sheets for the compensatory mitigation must contain, at a mini111um:
a. 1?xisting wetland and buffer sui-~reyed edges; proposed areas of wetland and
buffer impacts; and, location of proposed wetland and buffer compensation
action.
b. Sui-~~eyed topography at 1- to 2-foot contour intei~~als in the zone of the
proposed compensation actions if any grading activity is proposed in the
compensation area(s). Provide existing and proposed mitigation design cross-
section(s) for the wetland and~or buffer compensation areas.
c. Reyuiied wetland buffers for existing wetlands and proposed nutigation areas;
3. ,~ discussion of ongoing management practices that will protect and maintain the non-
ir~lpacted and mitigation wetland, watercourse and buffer areas in perpetuity.
18.78.140 SUBMITTAL MATERIALS FOR APPEALS OF ADMINISTRATIVE PROJECT
DECISIONS
!ill appeals of l~dministrativc Project Decisions shall iizclude:
1~. Name and address of the appellant;
I3. "1'he legal description and street address of the propert}' involved in the appeal;
L. r1 description of the project that is the subject of the appeal;
D. Iwidence that the appellant is an aggrieved person as defined iil (:hapter 18.80, BI\IC;
L. List of names and addresses of property owners within 150 feet of the site, using the. last
declared count) real estate tax records;
I~. Stamped, unsealed envelopes addressed with names of above propert~~ owners;
G. Required appeal filing fee; and
H. The specific grounds and allegations for the appeal, and evidence necessary to support and
justify a decision other than as determined b}' the Planning Director.
18.78 .150 ADMINISTRATIVE INTERPRETATION APPEALS
,~11 ap peals of adnunistrative interpretations shall include:
.~. Name and address of the applicant;
B. The legal description and street address of the properr5~, if any, involved in the appeal;
C. A description of the property, if any, that is the subject of the interpretation appeal including:
1. ~ site plan drawn to scale shoyving the propcrt)~ dimensions, grading, landscaping and
location of utilities, as applicable;
2. Location of all existing and proposed buildings; and
3. Drive accesses, driveways, access roads, parking spaces, off-street loading areas and
sidewalks as applicable;
D. The names and addresses of the owners of the property and any other persons having a legal
interest therein;
E. List of names and addresses of property owners within 150 feet of the site, using the last
declared count~~ real estate tax records;
F. Stamped, unsealed envelopes addressed with names of the above propert~~ owners;
G. Required filing fee; and
Ordinance # 1761: Effective august 8, 2009 page 78-25
II. Evidence to prove that the decision or action of the official for which an appeal is made was
vicorrect or in violation of the terms of this title.
18.78.160 SUBMITTAL MATERIALS FOR VARIANCES •
~~n application for a variance shall be accompatued by~ a deg>elopment plan showing such information as
the Planning Director may reasonable require for purposes of this title. The plans shall contain sufficient
information for the Commission to make a proper decision on the matter. 'hhe request shall state the
exceptional physical conditions and the peculiar and practical difficulties claimed as a basis for a
variance. In all cases, the application shall include, and shall not be deemed Filed until, all of the
following is submitted:
~. Name and address of the applicant;
B. The legal description of the propern• invohred in the request for variance, including the street
address, if any, of the property;
C. 1'he names and addresses of the owners of the property and any other persons having a legal
interest therein;
ll. List of names and addresses of property owners within 150 hundred feet of the site, using the
last declared count}' real estate tax records;
E. Stamped, unsealed envelopes addressed with names of above property owners;
F. ~~ site plan drawn to scale showing the propern> dimensions, grading, landscaping and location
of utilities, as applicable;
G. Location of all existing and proposed buildings;
Ii. Drive accesses, drivewa}~s, access roads, parking spaces, off-street loading areas and sidewalks as
applicable;
I. .~ clear description of the variance requested and the reasons for the request;
(. Justification, in writing of subsections 1, 2, 3 and, when applicable, 4 of 618.66.060.0, BI\IC;
h. I~,vidence satisfactory to the Cit)~ Commission of the ability and intention of the applicant to
proceed with actual construction work in accordance with said plans within six months after
issuance of permit; and
L. Required filing fee.
18.78.170 SUBMITTAL MATERIALS FOR TELECOMMUNICATIONS
The following information shall be submitted for reeiew of wireless facilities as applicable. hailure to
provide required materials will result in a determination that the application is incomplete and the
application will not be processed.
,~. Submittal Materials.
Tahle 7R-2
Telecommunication Submittal Materials Micto- Small- Large-
scale scale scale
1. _~ detailed written description of how the applicant has complied with, ox will comply X X X
with, the a licable standards of this title, es eciall ~ those of this cha ter;
2. _~n accurate photo simulation of the site with the proposed facility in place. The
simulation shall be to scale, and depict all planned and expected antennae, including
collocation of other carriers, on the facility-. Landscaping ~chich is not existing or proposed X X X
on the accompanying site plan shall not be included in the simulation unless it exists on
ad ouun xo ernes;
3. _-1 statement of whether the proposed facilit<~ is exempt ox non-exempt from
environmental review under the Kules of the FCC; X X X
a. If the facilit ~ is claimed to be exem t, a detailed ands ecific citation to the Rules of the
Ordinance # 1761: Effective August 8, 2009
page 78-26
•
Telecommunication Submittal Materials Micro- Small- Large-
scale scale scale
FCC indicating the section which details the relevant exemption provisions shall be
included. If the facilit\° is not exempt from environmental review, a cop}° of the
em-ironmental review shall be provided with the application, and the approval from the
f ~CC for the. site shall be pro~rided to the City of Bozeman prior to the final site plan
approval;
1ND
b. If the facilitt- is clanned to be. exempt from en~~iromnental review, a statement shall be
provided, under oath and notarized, that the proposed or existing facility' does or will
comply with FCC radio frequencc emission guidelines for both general population/
unconu•olled exposures and occupational/controlled exposures as defined in the FCC rules.
The provision of false information shall result in the umnediate revocation of permits or
approvals granted upon the basis of the false information and the cessation of operation of
the offendin facilities;
4. \~hen the applicant is a wireless seilnce provider, proof that the applicant is licensed b}•
the FCC to provide the wireless conununication sen>ices that the proposed facility is X X X
dcsi ed to sir ort, or that licensin b -the FCC is not re aired;
~. ~ report providing a desci7ption of the large scale wireless facilih' with techtucal reasons X
and justification for its desi i and lacement;
6. _~ description of the maxumm~ capacit}~ of the large scale wireless facilit}- as proposed and
~ X
how the facility can be retrofitted or modified to accommodate Chan
n user needs;
?. Documentation establishing the structural integrit}' for the large scale wireless facilitt~'s
proposed use including documented loading calculations for wind, snow and seismic forces
under circumstances of maxunum capacin• loading prepared b}' a professional structural X
engineer licensed to practice in the State of Montana. ]..oading cr7teria shall be those set
forth in the edition of the International Building Code most recentl}~ adopted b}~ the Cin-;
and
8.:1 statement of how the collocation mquirements of Section 18.54.040.B, B\IC, shall be X
met.
B. In addition to the materials required above, for all large scale wireless facilities 50 feet or greater
in height, the applicant shall submit:
1. Propagation studies for the users of the proposed facility, including existing sei-~~ice
coverage maps and whether the placement of the new site will require relocations of
existing facilities, or a description of how and why the proposed site and facilit~~ size is
required to provide serrice that is otherwise unavailable or substantially inadequate or is
required for the introduction of a new sernice;
2. 1~ statement of intent of how co-location on the facilit)~ will be addressed;
3. ~~ statement of willingness to allow co-location at reasonable and customary rates by all
technically feasible pro riders up to the structural capacity of the tower;
4. ran inventory of all surrounding buildings or other structures greater than 50 feet ili
height witl>in a radius of one mile of the proposed location with a listing of height and
suitability for hosting the proposed users of the large scale wireless facility;
5. ~~n applicant shall demonstrate in writing that there are no available openings on existing
facilities which are feasible and that a new structure is necessary. Such demonstration
shall address the criteria in 518.54.040.B, Bl~2C;
6. ~ detailed explanation of how the large scale wireless facility will be maintained and how
the maintenance and operations of the large scale wireless facilir5~ will be transferred to a
third part~~ should the applicant no longer retain ownership. Unless otherwise approved
b}' the Citt~, the responsibility of maintenance and operations shall transfer to the owner
• of the underlying propert~~;
Ordinance # 1761: Effective august 8, 2009 page 78-27
7. .-fin explanation of how the applicant will provide a financial securit~~ for the remo~'al of
the large scale wireless facilitt~ in the event that it no longer sei-~=es telecommuiucations
carriers. The financial guarantee shall be 150 percent of the estimated cost of facilith
removal and must be acceptable: to the City; and
8. ,~ large scale wireless faciht}~ may be reviewed as a multiple phase project and be
constructed over time as provided for in j 18.54.040.B, B1~1C..~n applicant intending to
construct a new large scale wireless facility shall provide letters of intent adequate to
meet the requirements for leases set forth iii C18.54.040.B, BMC.
•
Ordinance # 1761: Effective ,august 8, 2009 page 78-28
CHAPTER 18.80
DEFINITIONS
18.80.010 DEFINITION OF TERMS AND INTERPRETATION OF LANGUAGE
~. X11 words iii this title shall be first defined as provided izi this chapter and, if not defined herein,
shall be defused as in the latest edition of `The Illustrated Book of Development Definitions' by
Hai-~~ey S. 1\Ioskowitz and Carl G. Lvidbloom, and if not defined in `Z'he Illustrated Book of
Development Definitions', shall have their customary dictionary definitions.
B. Words used in the present tense include the future tense; words used in the singular include the
plural, and words used in the plural include the singular; the word "shall" is always mandatory,
the word "person" includes a firm, association, organization, partnership, trust, corporation or
company, as well as an individual; the word "lot" includes the words "plot" or "parcel"; the
word "building" includes the word "structure"; the words "used" or "occupied," as applied to
any land or building, shall be construed to include the word "iiitcnded, arranged, or designed to
be used or occupied"; the words "map" or "zoning map" mean the zonng map(s) of the City
that delineate the area to be governed b~~ these regulations.
C. For the purposes of this title certain words and terms used herein are defined as follows:
18.80.020 ACCESS OR ACCESS WAY
"1 he place, means or wav b~~ which pedestrians and vehicles shall have adequate and usable ingress and
egress to propertt~ or use as required by this title.
18.80.030 ACCESSORY BUILDING OR USE
.~ subordinate building, or portion of the principal building, located on the same lot as the principal
building, or a subordinate use of land, either of which is customarIly incidental to the principal building
or to the pritcipal use of land. Where part of an accessory building is connected to part of the principal
building by a common wall, such accessory building shall be counted as part of the principal building.
Individual public utility- installations above ground are considered accessory buildings.
18.80.035 ADAPTIVE REUSE
The development of a new use for an older building or for a building originall}~ designed for a special or
specific purpose.
18.80.040 ADMINISTRATIVE DESIGN REVIEW (ADR) STAFF
Certain members of the planning staff charged with the design review, as defined i11 this chapter, of
certain plans and proposals as specified in this title. The organzation, composition and procedures of
the administrative design review staff are subject to the requirements of Chapter 18.62, BMC.
18.80.050 ADULT BUSINESS
ran establishment which advertises, trades, exchanges, transfers, sells, presents, shows, offers or exhibits
materials, activities, reproductions, likenesses, sen=ices and/or objects defined as obscene by X45-8-
201(2), 1\~IC~. adult business as defined in this section shall include, but need not be linvted to, adult
bookstores, adult motion picture theaters, rap studios, massage parlors, exotic dance studios, nude art
studios, nude photographic studios and nude body painting studios.
• 18.80.060 AFFORDABLE HOUSING
Dousing for persons earning less than 65 percent of the area's annual median income for rental housing
and 100 percent of the area's annual median income for purchased housing. Further, affordable housing
Ordinance # 1761: F,ffective l~ugust 8, 2009 page 80-1
does not require greater than 30 percent of the household gross annual median income for housing.
annual median income is defined by the llepartment of Housing and Lrban Development. affordable
housing is subject to the City's affordable housing policy.
18.80.070 AGGRIEVED PERSON
~ person, as defined in this chapter, who has a specific, personal and legal interest in the final decision
of an agency, board or commission, as distinguished from a general interest such as is the concern of all
members of the community, and which interest would be specifically and personally prejudiced by the
decision or benefited by its reversal.
18.80.080 AGRICULTURAL ACTIVITY
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a
commercial operation and~or the raising or tending of animals for commercial sale or use. agriculture
does not include gardening for personal use, keeping of house pets or landscaping for aesthetic
purposes.
18.80.090 AGRICULTURAL WATER USER FACILITY
Those facilities, which include but are not limited to ditches, pipes, and other water conveying facilities,
which provide water for irrigation and stock watering on agricultural lands, with said lands being defined
in j~15.7.202, MCa.
18.80.100 ALLEY
a permanent public thoroughfare providing a secondaiS~ means of access to abutting lands.
18.80.110 ALIQUOT PART
.fin equal division of a government section in quarters as described by the `l~lanual for the Surve}~ of the
Public Lands of the United States.'
18.80.120 ALTERATION
any act or process, except repair and light construction as defined herein, that changes one or more of
the architectural features of a structure or site, including, but not limited to, the erection, construction,
reconstruction, relocation of, or addition to a structure. The term alteration may apply to any act or
process that changes the ulterior architectural features of that portion of a public or private property
commonly frequented by the general public, provided said public or private property is located within a
designated historic district or listed individually on the National Register of I-Iistoric Places. Ilowever,
changes upon interior elements of private residences, regardless of their location or historic status, shall
not be considered alterations as defined in this section. Alteration further means any change or addition
to a structure within a floodplain that either increases its exterior dimensions or increases its potential
flood hazard.
18.80.130 ANIMAL HOSPITAL
a place where animals or pets are given medical or surgical treatment and are cared for during the time
of such treatment. Outside pens, kennels or runs are not permitted as part of an animal hospital
operation. Short term interior boarding is permitted.
18.80.140 ANTENNA
One or more rods, panels, discs or similar devices used for the transmission or reception of radio
frequency signals, which may include omnidirectional antenna (rod), directional antenna (panel) and
parabolic antenna (disc).
Ordinance # 1761: Effective august 8, 2009 page 80-2
18.80.150 APARTMENT
~~ habitable room or suite of two or more habitable rooms meeting the requirements of the Cit}-'s
adopted International Building Code, located ui an apartment building or used for residential purposes
in nonresidential buildings located within nonresidential districts, as specified ili this title. Iifficiencv
units shall qualify as an apartment under this definition.
18.80.160 APARTMENT BUILDING
~~ building other than a hotel or motel containing five or more dwelling units.
18.80.170 APPELLANT
.fin aggrieved person who has appealed the decision of an agency, board or comnssion to another bod}~
designated herein by the filing of a notice of appeal.
18.80.180 APPLICANT
The person(s) who, or organization which, submitted the application to the agenc}', board or
commission for approval, or tie person(s) who, or organization which, submitted the application to the
agency, board or commission whose decision has been appealed.
18.80.190 ARCHITECTURAL APPEARANCE
'I"he architectural character and general composition of a structure, including but not limited to, the kiizd
and texture of the building's materials and the type, design and character of all windows, doors, light
fixtures, signs and appurtenant exterior elements; and, interior architectural detail including, but not
limited to, floors, fixtures, hardware, ornamentation and other elements that contribute to the building's
architectural or historical significance.
18.80.200 AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain withii7 the community subject to inundation by a one percent or greater
chance of flooding in any given ti~ear, i.e., the 100-year floodplain.
18.80.210 AREA OF SIGNS
The area of a sign that shall be computed b}' enclosing the entire area witliui an}' type of perimeter or
border which ma}' enclose the outer limits of an}' writing, representation, emblem, figure or character
together with any other material or color forming an integral part of the displa}~ or used to differentiate
such sign from a buildu7g on which it is placed. The area of a sign having no such perimeter shall be
computed b}' enclosing the entire area within parallelograms, triangles, or circles in a size sufficient to
cover the entire area of the sign copy and computing the size of such area. In the case of a two-sided
sign, the area shall be computed as including only the maximum single display surface which is visible
from anj~ ground position at one tune. If the angle between the two sigh faces is greater than 45 degrees,
the sign area will be the sum of the areas of the two faces. The supports or uprights on which any sign is
supported should not be included in determining the sign area unless such supports or uprights are
designed in such a manner as to form an integral background of the sign. In the case of any spherical,
conical, or cylindrical sign, one-half of the total surface area shall be computed as the area of tie sign.
18.80.220 ARTIFICIAL LOT
~n area within a legally existing lot that is delineated b}~ the Planning Director for the sole purpose of
satisf}'ing the landscaping requirements of this tite.
18.80.230 ARTIFICIAL OBSTRUCTION -DEVELOPMENT
• lyny obstruction which is not natural and includes any dam, diversion, wall, bank stabilization method,
embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge,
Ordinance # 1761: Effective august 8, 2009 page 80-3
conduit, culeert, building, refuse, automobile body-, fill or other analogous structure or matter in, along,
across or projectuig into an}~ 100-year floodplain which ma~~ impede, retard or alter the pattern of flow
of water, either in itself or by catching or collecting debris carried by the water, or that is placed where
the natural flow of water would carry the same downstream to the damage or detriment of either life or
propert}~.
18.80.240 ARTS CENTER AND/OR ENTERTAINMENT CENTER
structure or facilit}~ for the presentation of the performing arts, including indoor motion picture
theaters; theaters for live performances; indoor concert halls; studios for arts education, such as dance or
painting. also includes entertainment activities such as arcades; bowling alleys or pool halls. ~~rts and
entertainment center does not include any business meeting the definition of adult business as defined
by this tide.
18.18.245 ATTACHED STRUCTURE
~~ building sharing with one or more other buildings a common wall(s) for nor less than free feet.
18.80.250 AUTOMOBILE FUEL SALES OR REPAIR
'1"he use of a site for the direct sale of fuel to the end user, or for the repair of automobiles,
noncommercial trucks, motorcycles, motorhomes, recreational vehicles or boats. This includes the sale
and on-site installation of parts, wheel and brake shops, body and fender shops, and similar repair and
service activities, but excludes dismantling or salvage.
18.80.260 AUTOMOBILE REDUCTION YARD
~1ny area of land where two or more motor eehicles nor in running condition and/or two or more
unlicensed motor vehicles, or parts thereof, are stored in the open and are not being restored to
operation; or any land, building or structure used for the wrecking, dismantling, storage or abandonment
of motor vehicles or parts thereof.
18.80.270 AUTO SALVAGE YARD
~~ junkyard primarily containing inoperable vehicles for purposes of being dismantled and sold as parts.
18.80.280 AUTOMOBILE WASHING ESTABLISHMENT
r~ building which has its primary purpose as washing automobiles. Such facilities shall be considered
incidental to automobile sei-~rice stations if not more than one auto may be washed at one time and if the
service station is clean}~ the principal use.
18.80.290 AWNING
~ roof-like structure, which is generally composed of a skeletal frame, covered in a fabric or other skin-
t}'pe material, and typicall}' open on the bottom side, which projects beyond a building or extending
along and projecting beyond die wall of the building. For the purposes of this title a sign on an awning
shall be considered to be a wall sign.
18.80.300 BANNER
.:any sign of lightweight fabric or similar material that is permanently mounted to a pole or a building b}'
a permanent frame at one or more edges. ~ single one of each national, state or municipal flags, or the
official flag of any institution or business shall not be considered banners.
18.80.310 BAR (TAVERN, COCKTAIL LOUNGE)
~n establishment where alcoholic beverages are served on premises and where the total sales of alcohol •
exceeds the total sales of food.
Ordinance # 1761: F ffective august 8, 2009 page 80-4
18.80.320 BASE FLOOD
,~ flood having a one percent chance of being equalled or exceeded in any given year. 1-1 base flood is the
same as a 100-year flood.
18.80.330 BASE FLOOD ELEVATION
The elevation above sea level of the base flood iii relation to National Geodetic Vertical llatum of 1929
unless otherwise specified in the flood hazard study.
18.80.340 BASEMENT
.~ portion of a building located partl}' underground but having not less than half its floor-to-ceiling
height below the average grade of the adjoiiung ground.
18.80.350 BEACON
An}~ light with one or more beams directed into the atmosphere or directed at one or more points not
on the same zone lot as the fight source; also, any light with one or more beams that rotate or more.
18.80.360 BED AND BREAKFAST HOME
1~ single-household dwelling which remains owner-occupied at al] times providing one or more guest
rooms for compensation, and where food sei-~~ice is limited to breakfast which may be sei~rcd to
o~rernight guests only.
18.80.370 BUILDING
~~n~- structure having enclosed space and a roof for the housing and/or enclosure of persons, animals or
chattels.
18.80.380 BUILDING AREA
The maximum horizontal projected area of the principal and accessoi~~ building(s), excluding open steps,
terraces, and architectural appurtenances projecting not more than 2 feet. Building area, as that portion
of a lot upon which construction is permitted, is that area of a lot that lies within the boundaries of the
front, side and rear yard setback requirements measured from the actual lot line.
18.80.390 BUILDING ENVELOPE
The three-dimensional volume on a lot lying between the front, side and rear yard setback lines and
between ground level and the. maximum allowable building height, amounting to the area available for
potential building construction.
18.80.400 BUILDING FRONTAGE
The maxunum dimension of the building front measured on a straight line parallel to the street, but
excluding facades facing alle},Ts or driveways.
18.80.410 BUILDING HEIGHT
The ~rertical distance measured from grade as defined in this section to the highest poii7t on the roof or
parapet wall. Where a building utilizes multiple roof styles or pitches, the highest point of each t)~pe of
roof or parapet wall shall be in conformance with applicable height regulations as established for the
respective roof pitches in each zoning district. Where the vertical difference between grade as defined in
this section is greater than 2 feet between opposite elevations of the building, the height of the building
ma}' be increased by 1 foot for eeei-~~ 1 foot in grade difference up to a maximum of 6 additional feet.
• 18.80.420 BUILDING, PRINCIPAL
r1 building in which is conducted the main, or principal, use of the lot on which the building is situated.
Ordinance # 1761: Effective august 8, 2009 page 80-5
18.80.430 BUSINESS
hngaging iii the purchase, sale, barter or exchange of goods, wares, merchandise or sei-~~ices; the
maintenance or operation of offices or recreational or amusement enterprises.
18.80.440 CANOPY
l~n~, open, permanent roof-like accessory structure which is not attached or part of a principal building.
18.80.450 CANOPY TREE
1~ species of tree which normally bears crown foliage no lower than 6 feet abo~re ground level upon
maturiri~.
18.80.460 CARPORT
~~~ structure, open on at least two sides, consisting of a roof and either walls or colunuis for the purpose
of housing automotive vehicles and other chattels. 'The structure shall be considered as an accessoi~~
building when detached from the principal building and as a part of the principal building when attached
to the principal building along one or more sides of the carport or principal building.
18.80.470 CASINO
r1. ~~n establishment whose primacy use or activith is gambling, either in the form of gambling
machines (video poker, keno, etc.), card games or other licensed gambling activit)~. ~ casino will
normall~~ have beverage and restaurant facilities as accessoi-~~ uses. 1n all instances, an
establishment will be considered a casino for the purpose of these regulations if an~~ of the
following characteristics apph~:
1. The establishment is referenced as a casino by signage, advertisement or b}' name;
2. More than one card table is on the premises; and~or
3. Fifteen or more gambling machines are on the premises.
B. ~n applicant for a casino establishment must obtain a ~Zontana state license to sell alcoholic
beverages for consumption on the premises.
18.80.480 CEMETERY
Land used for the burial of the dead and dedicated for cemeter~~ purposes, including crematories,
mausoleums and mortuaries when operated in conjunction with and within the boundar}~ of such
cemetery.
18.80.490 CERTIFICATE OF APPROPRIATENESS
.~ permit issued by the pertinent review authorit)~ indicating its approval of plans to alter or construct a
structure or alter a site within the Neighborhood Conservation Overly}~ District or Tntn~vap Overla~~
District.
18.80.500 CERTIFICATE OF SURVEY
~ drawing of a field surae~~ prepared b~~ a registered land sui~~e}'or for the purpose of disclosing facts
pertaining to boundary locations.
18.80.510 CHILD
~~ person under twelve years of age.
•
Ordinance # 1761: Effective august 8, 2009
page 80-6
18.80.520 CHURCH
.-~ building, together with its accessory buildings and uses, where persons regularly assemble for religious
worship, and which building, together with its accessory buildings and uses, is maintained and controlled
by a religious bod}' organized to sustain public worship.
18.80.530 CITY
The Cit\~ of Bozeman.
18.80.540 CITY COMMISSION
The governing body of the City of Bozeman.
18.80.550 CIVIC USE
Public buildings or uses, including but not 1>lnited to, college/universit}' facilities, congregate postal
facilities, schools, government offices, libraries, assembly uses, police stations, and fn~e stations.
18.80.560 CLUB, PRIVATE (NONPROFIT)
nonprofit association of persons who are bona fide members, paying annual dues, which owns, hues
or leases a building, or a portion thereof, the use of such premises being restricted to members and their
guests.
18.80.570 CO-LOCATION
T'hc placement of an antemla by two or more wireless service providers on a common antenna-
supporting structure, or the addition or replacement of antennas on an existing structure. The term does
nor isiclude roof-mounted or surface-mounted wireless facilities or the placement of other antenna on
an amateur radio antenna.
• 18.80.580 COMMERCIAL MESSAGE
any sign, wording, logo or other representation that directly or indirectly names, advertises or calls
attention to a business, product, sen~ice or other commercial activity.
18.80.590 COMMERCIAL NODE
~~ commercial node is an area meeting all of the following conditions:
1. Designated as Community Commercial in the land use section of the City's adopted growth
policy;
2. Designated as a B-2 zoning district; and
3. Located in one of the four following locations:
a. Northwest of the intersection of Stucky Road and South 1)th .venue to the limits as
shown on the future land use map contained in the adopted growth policy,
b. Fast of Highland Boulevard across from the Bozeman Deaconess hospital to the limits
as shown on the future land use map contained ui the adopted growth policy,
c. South of West 1~1ain Street across from the Gallatin Valley 1~4all to the limits as shown on
the future land use map contained in the adopted growth policy,
d. Northwest of the intersection of Baxter Lane and Davis Lane to the limits as shown on
the future land use map contained in the adopted growth policy.
• 18.80.600 COMMON OPEN SPACE
undeveloped land within a subdivision that has been designated, dedicated, reserved or restricted in
perpetuit}~ from further development and is set aside for the use and enjoyment by residents of the
Ordinance # 1761: Effective august 8, 2009 page 80-7
development. Common open space shall not be part of individual residential lots. It shall be
substantially free of structures, but may contain 1>istoric structures and archaeological sites, and/or
recreational facilities for residents, including but not limited to benches, picnic tables and interpretive
signage as indicated on an approved development plan. Stormwater control facilities for the benefit of
the subdivision may also be located within common open space.
18.80.610 COMMON OWNERSHIP
Ownership by, the same person, corporation, firm, entity, partnership or unincorporated association; or
ownership by different corporations, firms, partnerships, or unincorporated association in which a
stockbroker, partner, or associate, or a member of his family owns an interest i1i each corporation, firm,
partnership, entity or unincorporated association.
18.80.620 COMMUNITY CENTER
~~ building or portion of a building used for nonprofit cultural, educational, recreational, religious or
social activities which is open to the public or a designated part of the public, usuall}- owned and
operated by a public or nonprofit group or agency. Examples of communit}~ centers are schools,
churches, Boys and Girls Clubs, and similar uses. Conmlunity center does not include fraternities, lodges
or similar uses.
18.80.630 COMMUNITY RESIDENTIAL FACILITY
single residential structure having common kitchen facilities including:
1. Those occupied by persons having developmental disabilities and living together for the purpose
of residential training, obsei-~~ation and~or common support, in which care is provided on a 24
hour per day basis;
2. .~ communit)~ group home for developmentally, mentally or severely disabled persons which
does not provide skilled or intermediate nursing care;
3. ~ youth foster home or other facility for care of minors as defined in 152-2-601 et seq., MCA;
4. ,~ halfway house operated in accordance with regulations of the State Department of Public
lleald7 and Human Sei-~~ices for the rehabilitation of alcoholics or drug dependent persons;
5. .~ licensed adult foster care home; or
6. rlny facilit}' defined in 176-2-411, MCr1.
Where a limitation of eight or fewer residents is imposed for the purpose of defining the necessary
review process to establish this use, the operator of a residential facility, members of the operator's
household or persons emplo}'ed as staff shall not be counted as residents, except that the total number
of all persons living at the facility shall not exceed ten.
18.80.640 COMPATIBLE DEVELOPMENT
'The use of land and the construction and use of structures which is i11 harmony with adjoining
development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy.
Elements of compatible development include, but are not limited to: variety- of architectural design;
rhythm of architectural elements; scale; iiztensity>; materials; building siting; lot and building size; hours of
operation; and integration with existing community systems including water and sewer services, natural
elements in the area, motorized and non-motorized transportation, and open spaces and parks.
Compatible development does not require uniformity or monotony of architectural or site design,
densit<- or use.
•
Ordinance # 1761: Effective august 8, 2009 page 80-8
18.80.650 COMPATIBLE LAND USE
,~ land use which may by virtue of the characteristics of its discernible outward effects exist in harmony
with an adjoii~ig land use of differing character. l~ffects often measured to determine compatibilin~
include, but are not limited to, noise, odor, fight and the presence of physical hazards such as
combustible or explosive materials.
18.80.660 CONDITIONAL USE
:~ public or private use as listed in this title which, because of its unique characteristics, cannot be
properl}~ classified as a principal use or accessory use. in a particular district..~fter consideration ui each
case of the impact of such use upon neighboring land, and of the public need for the particular use at
the particular location, a permit for such conditional use may or may not be granted, with or without
conditions, in addition to an~~ condition specifically stated in this title for an}' particular conditional use,
including tune limits, pursuant to the requirements of this title.
18.80.670 CONDITIONAL USE PERMIT
Legal authorization to construct, develop or operate a conditional use as defined by this title.
18.80.680 CONSERVATION EASEMENT
'The grant of a properh~ right or interest from the propert~° owner the public or nonprofit conservation
organization stipulating that the described land shall remain in perpetuit)~ in its natural and open state,
precluding future or additional deg°elopment (with the exception of any allowable structures or facilities).
18.80.690 CONTIGUOUS TRACT
For the purpose of these regulations, a parcel of land next to, abutting, adjoining or touching another
individual parcel of land, including tracts which are separated by public right-of-wa}~.
18.80.700 CONSTRUCTION
The act of adding to an existing structure or erecting a new principal or accessory structure.
18.80.710 CONVENIENCE FOOD RESTAURANT
~~n establishment whose principal business is the sale of foods, frozen desserts or nonalcoholic
beverages to the consumer in a ready-to-eat state for consumption either within the premises or for
can-~~-out with consumption either on or off the premises and whose design or principal method of
operation includes both of the following characteristics:
~. hoods, frozen desserts or nonalcoholic beverages are usually served in edible containers or in
paper, plastic or other disposable containers;
B. The customer is not served food at his/her table by an employee but receives it at a counter,
window or similar facilit<- for carrying to another location for consumption either on or off the
premises.
18.80.720 CONVENIENCE USE
Retail commercial uses which have relatively high traffic generation rates per 1,000 square feet compared
to other commercial uses. ~ use is designated as a convenience use if the method of operation includes
one or more of the following characteristics:
,~. Retail motor fuel is sold;
B. "1'he primai-~~ business is the sale of food or drink for consumption, either on or off premises,
over a counter, or from an outdoor service window or automobile service window. Of the food
or drink sold, at least 20 percent is in disposable or carry-out containers; or
C. Drive-in and drive-through restaurants.
Ordinance # 1761: Effective August 8, 2009 page 80-9
18.80.730 COOPERATIVE HOUSEHOLD
Five or more persons who arc granted a conditional use permit as a cooperative household pursuant to
the terms of Chapter 18.34 of this title. ~~ cooperative household exhibits four or more of the
following characteristics:
1~. ,~ shared strong bond or common commitment to a single purpose, such as members of a
religious order;
B. sere not legally dependent on others not living with them;
C. Can establish legal "domicile" as defined by state law;
D. Share a single household budget;
E. Share in the work of maintaining the premises;
1'. Legally share in the ownership or possession of the premises, e.g. tenants in common on a deed
or cosigners of a single lease; or
G. The relationship must be of a permanent and distinct character with a demonstrable and
recogliizable bond characteristic of a cohesive unit.
Cooperative housing does not mean any society, club, fraternity, sororin~, association, lodge,
organization or group of students or other individuals with a common hying arrangement or whose
basis for the establishment of the housekeeping unit is temporary.
18.80.740 COVENANT
.fin agreement that binds and restricts the land in the hands of present owners and subsequent
purchasers with a view towards protecting and enhancitlg the physical, natural and economic integrity~ of
an area.
18.80.750 DATE OF SUBMISSION
Z"he date at which the plat or plan and all required supplementary information is received and certified
as complete by the Planning Department.
18.80.760 DAY CARE CENTER
~ place in which supplemental care is provided to thirteen or more nonresident persons on a regular
basis and which is licensed by the State of 1\Iontana.
18.80.770 DAY CARE HOME, FAMILY
~~ private residence i11 which supplemental care is provided to three to six nonresident persons from
separate famines on a regular basis and which is registered by the State of Montana.
18.80.780 DAY CARE HOME, GROUP
~~ private residence in which supplemental care is pro~rided to seven to twelve nonresident persons on a
regular basis and which is registered by the State of Montana.
18.80.790 DEDICATION
The denberate appropriation of land b}' an owner for any general and pubnc use, resei-~~ing no rights
which are incompatible with the full exercise and enjoyment of the pubnc use to which the propert)~ has
been devoted.
18.80.800 DEMOLITION
1~ny act or process that destro}'s, in part or whole, a structure or archaeological site.
Ordinance # 1761: Effective august 8, 2009
page 80-10
18.80.810 DESIGN REVIEW
The aesthetic evaluation of certain de~>elopment proposals, including those located in the neighborhood
consei-~ration overly}~ district, enti-}~wa}' overly}~ district, and all planned unit developments and retail
developments consisting of single tenant buildings greater than 40,000 square feet relative to
architectural, site, landscape, environmental, urban and other design matters as specified in this title.
18.80.820 DESIGN REVIEW BOARD
'T'hat board created b~~ Chapter 18.62 of this title and appointed b}~ the CitS~ Commission, charged with
the design revie«~, as defined in this chapter, of certain plans and proposals as specified in this title.
18.80.830 DEVELOPMENT
.any man-made change to improve or alter real estate, including but not limited to, subdivision of land,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
18.80.840 DEVELOPMENT ENVELOPES
~~reas on a lot within which grading, lawns, pavement and buildings will be located.
18.80.850 DEVELOPMENT REVIEW COMMITTEE
That committee created b}' Chapter 18.62, BMC and charged with the expressed intent of reviewing
designated plans and proposals.
18.80.860 DEVIATION
r1 modification of physical standards of this title as applied to a specific piece of properr<~ located within
the neighborhood consei~~ation overly}~ district or entry~va}~ corridor overlay district. ~ deviation may be
granted onl}' b}~ the Cit}~ Commission.
. 18.80.870 DIVISION OF LAND
'T'he segregation of one or more parcels of land from a larger tract held in single or undivided ownership
by transferrilig, or contracting to transfer, title to or possession of a portion of the tract, or properly
filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels
pursuant to these subdivision regulations and the Montana Subdivision and Platting ~~ct. The
con~~eyance of a tract of record or an entire parcel of land that was created by a previous division of land
is not a division of land.
18.80.880 DIRECTIONAL SIGN
,fin on-pretnisc sign which is intended to convey information regarding the location of specific features
of the site or to convey on-premise regulations including traffic and circulation regulations.
18.80.890 DRIVE ACCESS
"That area between the curb of a street, or edge of the traveled portion of a street when no curb exists,
and the right-of-way/property line over which the Cit}~ will permit vehicular travel from the traveled
portion of a street to an individual propery}' or off-street parking space(s).
18.80.900 DRIVE-IN BUSINESS
ran}~ business in which people are provided a service or a product, where a sale is made without the
customer being required to leave the vehicle. Such businesses include, but axe not limited to, drive-in
theater, drive-in bank, freestanding automated teller machine, drive-in laundi-}~ or dry cleaning pickup
station, drive-in restaurant and any business offeruig take-home food sei-~rices.
•
Ordinance # 1761: effective august 8, 2009 page 80-11
18.80.910 DWELLING
.~ building, or portion thereof, meeting the requirements of the Cit~~'s adopted International Building
Code and used by one household, as defnied by Chapter 18.80, B~IC, for residential purposes. Dwelling
occupancy duration is typicall}' longer than thirt)~ continuous days. Dwellings may exist in mane
configurations, including single-household, tlvo-household, multiple-household dwellings and group
homes. Dwellings do not include hotels, motels, extended stay lodgings or tourist homes.
18.80.920 EASEMENT
A grant by a properth owner to the public, a specific person or persons, other than the owner, for a right
to use land for a specific purpose or purposes.
18.80.930 EFFICIENCY UNIT
A dwelling unit containing only one habitable room as defined and regulated by the most recently
adopted International Building (:ode.
18.80.940 ENGINEER (REGISTERED PROFESSIONAL ENGINEER)
A person licensed in conformance with the 1~Iontana Professional Engineers Registration Act (~37-G7-
101 through X37-67-332, MCI) to practice engineering it1 the State of 1~Iontana.
18.80.950 ENGINEERING DEPARTMENT
Engineering Division of the City of Bozeman's Department of Public Ser~'ice.
18.80.960 ESSENTIAL SERVICES (TYPE I)
Water pumping stations; stormwater drainage facilities (including collection fines, retention/detention
ponds and drainage ways); sanitai-~~ sewer and storm sewer lift stations; public domestic water storage
facilities; water fill stations for fire fighting equipment; local sei-~~ice telephone lines and cables; local
sei-~~ice electrical distribution Ivies and cables; local service cable television lines; local sei-~~ice electronic
data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public
and amateur radio antennae and towers.
18.80.970 ESSENTIAL SERVICES (TYPE II)
Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical
transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment
facilities (water, sanitary sewer and storm sewer); telephone satellite communit)~ dial offices; telephone
exchanges and repeater stations, except those facilities which may be considered wireless facilities; other
accessory facilities, equipment and structures; and police and fire stations.
18.80.980 ESTABLISH
To construct, place, insert or excavate.
18.80.990 EVERGREEN TREE OR SHRUB
~~ tree or shrub of a species which normally retains its leaves/needles throughout the year.
18.80.1000 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
~ manufactured home park or subdivision where the construction of facilities for servicing the
manufactured home lots is completed before the effective date of the floodplain management
regulations. This includes, at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads. •
Ordinance # 1761: Effective August 8, 2009 page 80-12
18.80.1010 EXTENDED STAY LODGINGS
Guest rooms intended or designed to be used, or which are used, rented or hued out to be occupied, or
wlvch are occupied for sleepu7g pui-~~oses for guests and contain kitchen facilities for food preparation
including but not liiliited to such facilities as refrigerators, stoves and ovens. Generally an individual
guest will not exceed thirtt~ days sta}'• This definition includes dwelling units used, rented or piled out for
vacation homes.
18.80.1020 FINAL DECISION
'hhe final action of an agency, board or commission when no further action is available before such
agency, board or commission.
18.80.1030 FINAL PLAT
The final drawing of a subdivision and dedication required by this title and the Montana Subdivision and
Platting ~~ct to be prepared for filing for record with the Clerk and Recorder, and containiYig all
elements and requirements set forth in this title and the Montana Subdivision and Platting.
18.80.1040 FINAL SITE PLAN
'The final scale drawings of a preliminarily approved development and any other required information,
the approval of which by the Plamling Director indicates that the required conditions for approval have
been met
18.80.1050 FLOOD OR FLOODING
~ general and temporar}> condition of partial or complete inundation of normally dry lands from the
overflow of a stream, or the unusual and rapid accumulation or runoff of surface waters from an}'
source.
18.80.1060 FLOOD INSURANCE RATE MAP
"1'he map on which FEI\IA has delineated both the 100-year floodplains and the risk premium zones.
18.80.1070 FLOOD INSURANCE STUDY
The report in which FEMA has provided flood profiles, as well as the Flood Boundar}'~Floodway Map
and the water surface profiles.
18.80.1080 FLOODPLAIN
Areas generall~~ adjoining a stream that would be covered by floodwater of a 100-year flood except for
designated shallow flooding areas that receive less than one foot of water per occurrence. 'hhe floodplain
consists of a floodway and floodway fringe. Floodplain regulations are found in Chapter 18.58, BI\IC.
18.80.1090 FLOODPLAIN ACT
The Montana Floodplain and Floodway Management Act, ~76-5-101 et seq., MCA.
18.80.1100 FLOODWAY
"hhe channel of a stream and the adjacent overbank areas that must be reserved in order to discharge a
base flood (100-year flood) without cumulatively increasing the water surface elevation more than one-
half foot.
18.80.1110 FLOODWAY FRINGE
The portion of the floodplain that is outside the limits of the floodway.
Ordinance # 1761: Effective August 8, 2009 page 80-13
18.80.1120 FOOD PROCESSING FACILITY
1~ faciliry~ in which food is processed or otherwise prepared for eventual human consumption but not
consumed on the
remises
p
.
18.80.1130 FOOTCANDLE
~~ unit of light intensity stated in lumens per square foot and measurable with an illuminance meter.
18.80.1140 FREESTANDING SIGN
ran}- sign supported by structures or supports that are placed on, or anchored i11, the ground and that are
independent from any building or other structure.
18.80.1150 FRONT LINE OF BUILDING
The line of the face of a building nearest the front lot line.
18.80.1160 FRONT YARD
~~1 }rard extending across the full width of the lot behween two side lot lines, die depth of which is the
least distance between the street right-of-wa}% and the front building line.
18.80.1170 GARAGE, PRIVATE
~~ detached accessoi~~ building, or portion of a main building, designed or primaril}- used for the storage
of self-propelled vehicles for the household housed in the building to which such garage is accessor}'•
18.80.1180 GARAGE, PUBLIC
rlny building or premises, except those defined herein as a private garage, used for the storage or care of
motor vehicles; or where such vehicles are equipped for operation, repaired or kept for rental, hire or
sale.
18.80.1190 GLARE
'1"he sensation produced by lighting that causes an annoyance, discomfort or loss in visual performance
and visibility to the eye.
18.05.1200 GOVERNING BODY
The governing authority of a city or town organized pursuant to law. In the Cit}~ of Bozeman, the City
Commission is the governing authorit}~.
18.80.1210 GRADE
The lowest point of elevation of the finished surface of the ground between the exterior wall of a
building and a point 5 feet distance from the wall, or the lowest point of elevation of the finished
surface of die ground between the exterior wall of the building and the properh~ line if it is less than 5
feet distance from the wall. If walls are parallel to and within 5 feet of a public sidewalk, alley or other
public way, the grade shall be the elevation of the sidewalk, alley or public way. "Finished surface of the
ground" shall not include window wells, stairwells or other similar features, but shall include features
such as usable patio areas.
18.80.1220 GREEN
r1n open space available for unstructured recreation, with landscaping consisting of maintained grassy
areas, trees and other vegetation.
•
Ordinance # 1761: Effective august 8, 2009 page 80-14
18.80.1230 GREENHOUSE
.~ building or structure constructed chiefly of glass, glass-like translucent material, cloth, lath or similar
materials which is devoted to the protection or cultivation of flowers or other plants.
18.80.1240 GROUND FLOOR AREA
The square foot area of a building within its largest outside dimension computed on a horizontal plane
at the ground floor level, exclusive of open porches, hreezewais, terraces, garages, exterior stairways and
secondary stairwa}-s.
18.80.1250 GROSS ACREAGE
The total area of a parcel including the area of perimeter sweet rights-of-wa}' to the centerline of the
street.
18.80.1260 GROSS DENSITY
The number of residential dwelling units per unit of land used for residential purposes, with unit of land
being the gross residential acreage.
18.80.1270 GROUNDCOVER
Natural mulch or plants of species which normally reach a height of less than 2 feet upon maturity',
installed in such a manner so as to form a continuous cover over the ground.
18.80.1280 GROWTH POLICY
ran official public document adopted and used b~~ a local government as a general guide for development
and consei-~~ation decisions. It is not a regulation; rather, it is an official statement of public polic}~ to
guide growth and change. "17~e required and optional elements of a growth policy are listed in ~ 76-1-
C>01,1~1C.~.
18.80.1290 GUEST HOUSE
~1n attached or detached accessory building used to house guests of the occupants of the principal
building, and which is never rented or offered for rent. ran}~ guest house providing cooking facilities (e.g.
full size dishwasher, more than a bar sink, or a stove) shall be considered a dwelling unit.
18.80.1300 HEALTH AUTHORITIES
The State Department of hnvironmental Qualit}~, local environmental health specialist or other
authorized representative.
18.80.1310 HEALTH AND EXERCISE ESTABLISHMENTS
~n establishment designed and equipped fox the. conduct of sports, exercise activities and other
customary and usual recreational activities, including tennis, racquetball, handball and squash courts,
martial arts, gymnastics, weight and aerobic exercise rooms, running facilities, swimming pools, yoga,
sport dancing, and whirlpool and sauna facilities. Permitted accessory uses shall include child care, swi
tanning booths, massage, health and nutrition counseling services, retail sales of sporting goods and
restaurant services.
18.80.1320 HEIGHT OF LOW PROFILE SIGN
The vertical distance between the finished grade and the highest component of the sign.
18.80.1330 HEIGHT OF POLE STYLE SIGN
The vertical distance between the elevation of the adjacent street curb, or edge of pavement if no curb
exists, to the highest attached component of the sign. In the event that the finished grade of the sig1~
Ordinance # 1761: F_.ffective August 8, 2009 page 80-15
location is higher, or lower, than the adjacent street curb or edge of pavement, the height shall be
determined as the vertical distance from the median elevation between the adjacent street curb or edge
of pavement and the lowest finished grade at the base of the sign to the highest attached component of
the sign.
18.80.1340 HISTORIC SITE
The location of a significant event, a prehistoric or historic occupation or acti~rin-, or a building or
structure, whether standing, ruined or vanished, where the location itself possesses significant historic,
cultural or archaeological value. "171e value of a site shall be based on the abilit}~ of the site to meet the
eligibilit`~ requirements for historical significance as described b~= the National Register of I-Iistoric
Places.
18.80.1350 HOME BASED BUSINESS
Any business, occupation or activity undertaken for gain within a residential stivcttzre that is incidental
and secondai-~~ to the use of that structure as a dwelling. Home based businesses are subject to the
requirements of this title.
18.80.1360 HOME OFFICE
An accessory use in which work for compensation is undertaken, including, but not limited to, receiving
or initiating correspondence, such as phone calls, mail, faxes or e-mail; preparing or maintaining
business records; word and data processing; and telephone, mail order and off-premise sales.
18.80.1370 HOSPITAL
An institution for the diagnosis, treatment or other cure of human ailments and which ma~~ include a
sanitarium or cfinic, provided such institution is operated b~~, or treatment is given, under direct
supe~i~~ision of a ph~~sician licensed to practice by the State of Montana.
18.80.1380 HOTEL OR MOTEL
A building or a group of buildings in which lodging is provided and offered to transient guests for
compensation; shall not include a boarding house, extended sta~~ lodgings, lodging house or roonung
house.
18.80.1390 HOUSEHOLD
A person living alone, or and- of the following groups living together as a single nonprofit housekeeping
unit and sharing common living, sleeping, cooking and eating facilities:
.~. Any number of people related b}' blood, marriage, adoption, guardianship or other dul~~-
authorized custodial relationship;
R. Not more than four unrelated people, including persons enrolled iii an institution of higher
learning;
C. Two unrelated people and an~~ children related to either of them; or
D. Not more than four people who are:
1. Residents of a "Communin~ Residential Facilitti~" as defined in jC 76-2-411 et seq., 1~1C1~
and this title; or
2. "handicapped" as defined in the Fair Housing Act, 42 USC 53602 (h). 'I'bis definition
does not include those persons currentl~~ illegall}' using or addicted to a "controlled
substance" as defined in the Controlled Substances Act, 21 LrSC S 802 (6).
E. "Household" does not include: •
Ordinance # 1761: Effecti~>e August 8, 2009
page 80-16
1. :yny societti~, club, fraternirv-, sororit~~, association, lodge, combine, federation, coterie,
cooperative housing or like organization;
2. lyny group of individuals ~i-hose association is temporary or seasonal in nature; or
3. any group of individuals who are iii a group living arrangement as a result of criminal
offenses.
18.80.1400 ILLUMINANCE
The quantity of light measured in footcandles or lux. The densit~~ of the lununous flux incident on a
surface; it is the quotient of the luminous flux b}~ the area of the surface when the latter is uniformly
illuminated.
18.80.1410 IMMEDIATE FAMILY
1~ spouse, children by blood or adoption, and parents.
18.80.1420 INCIDENTAL
.any action or use of less importance, or secondary to, any other action or use.
18.80.1430 INCIDENTAL SIGN
~~ sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is
located, such as "no parki~7g," "entrance," "loading only," "telephone," and other similar directives. No
sign with a commercial message, which is designed with the intent to be legible from a position off the
zone lot on which the sign is located, shall be considered incidental.
18.80.1440 INDUSTRY, HEAVY
"Those industries whose processing of products results in the enussion of any atmospheric pollutant,
light flashes, glare, odor, noise or vibration which ma}' be heard and/or felt off the premises and those
industries which constitute a fire or explosion hazard.
18.80.1450 INDUSTRY, LIGHT
Those industries whose processing of products results in none of the conditions described for heavy
industry.
18.80.1460 INTERCHANGE ZONE
Districts created for the purpose of allowing larger and~or additional signage for the areas adjacent to
the Interstate 90 interchanges at East Main Street, North 7th rwenue and North 19th 1~venue which are
located within the Entr~nvay Overla}~ District, I3-2 Zoning District and within 1,300 feet of the Interstate
90 right-of--way.
18.80.1470 IRREGULARLY SHAPED TRACT OF LAND
1y parcel of land other than an aliquot part of the United States Government survey section or a United
States lot, the boundaries or areas of which cannot be determined without a sul-~~ey or trigonometric
calculation.
18.80.1480 LANDMARK
~ site, structure or object designated as a "landmark" pursuant to the procedures prescribed in Chapter
18.28, 13MC, that is worthy of presei-~~ation, restoration or rehabilitation because of its historic land
planning or architectural significance and officially recognized through listing in the National Register of
. Historic Places. ,~ landmark shall be subject to all neighborhood consei-~>ation overlay district
procedures and requirements.
Ordinance # 1761: Effecti~Te .August 8, 2009 page 80-17
18.80.1490 LANDSCAPE ARCHITECT
~~ person licensed to practice landscape architecture in the State of i\~Iontana.
18.80.1500 LANDSCAPING
.fit least 75 percent coverage of an area with natural grass, ~~egetative groundco~=er or other natural living
plant materials, the remainder of which is covered with nomregatative decorative landscape design
elements such as washed rock, la~ra rock, bark chips and ornamental features such as pools, fountains,
benches, etc. For purposes of this title, the term landscaping shall be considered to have the. same
meaning as the terms landscape, landscaped and landscaped area.
18.80.1510 LARGE SCALE WIRELESS FACILITY
1~ wireless facilit}' 25 feet or greater in height from the base to the highest point including attachments.
Lxamples of supporting structures are monopoles, self supporting (lattice) towers, guy-wv-e supported
towers and other similar structures When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. Some
illustrated examples of large scale wireless facilities are shown in the appendil.
18.80.1520 LARGE SHRUB
r1 shrub which normalle reaches a height of 5 feet or more upon maturit}', and usuall}' has five or more
canes.
18.80.1530 LARGE TREE
.~ tree of a species which normally reaches a height of 25 feet or more upon maturih~, and usuall}' has a
single stem.
18.80.1540 LEVEE .
.~ man-made embankment, usually earthen, designed and constructed iti accordance with sound
engineering practices to contain, control or divert the flow of water to provide protection from
temporary flooding.
18.80.1550 LEVEE SYSTEM
r1 flood protection system that consists of a levee, or levees, and associated structures, such as drainage
and closure devices, which are constructed and operated in accordance with sound engii~eerillg
practices.
18.80.1560 LIGHT CONSTRUCTION
r~ny change not construed as an alteration or repair, including paving of established driving and parking
areas (subject to the requirements of Chapter 18.46, BMC); construction of patios not greater than 120
square feet in size; construction of sidewalks not wider than 5 feet; and landscaping (but not including
major changes in grading or site surface drainage).
18.80.1570 LIGHT GOODS REPAIR
Establishments primarily engaged in the provision of repair sei-~~ices to individuals and households as
well as businesses, but e~cludiilg automotive, boat and similar intensive repair use tt~pes. 't'ypical uses
include, but are not limited to, the repair of appliances, shoes or clothing, watches or jewelry,
instruments, office equipment or electronics.
18.80.1580 LIGHT SOURCE
h
ri
ibl
i
di
bl
n or near t
e ~
s
c
e ra
ant energy
~ single artificial point source of light that emits measura
spectrum.
Ordinance # 1761: Effective august 8, 2009 page 80-18
18.80.1590 LIGHT TRESPASS
bight emitted b~- a lighting installation that extends beyond the boundaries of the property on which nc~
installation is sited.
18.80.1600 LIMITED ACCESS
.~ way or means of allowing physical entrance to land at controlled locations or points. ~ "no access"
strip or line ma~~ be placed on a plat as a means of limiting access.
18.80.1610 LIMITED ACCESS ROADWAY
~ street or road especiall~~ designed for through traffic, over which abutting land owners have no right
to direct access.
18.80.1620 LOCAL SERVICES
13ll services provided by governmental bodies for the benefit of citizens. These services include, but are
not limited to, police, fife, water, recreation, sheets, parks, libraries, schools, and wastewater and solid
waste collection and disposal.
18.80.1630 LODGING HOUSE
~ building with not more than ten guest rooms where Iodging with or without meals is pro~rided for
compensation to persons not meeting the definitions of household, community residential facilitv~,
cooperative household, fraternity or sorority. i~lso referred to as a boarding house.
18.80.1640 LOT
~~ piece, parcel, plot, tract or area of land in common ownership created by subdivision or its legal
equivalent for sale, lease or rent 1~~ lot has the characteristics of being able to be occupied or capable of
beitlg occupied b~~ one or more principal buildings, and the accessory buildings or uses customarily
incidental to them, and including the open spaces required under this title, and having its principal lot
frontage on a street. When one or more lots are held in common ownership the~~ shall be treated a as
single lot for the purposes of development review and evaluation of compliance with the standards of
this title.
18.80.1650 LOT AREA
1'he total horizontal area within the boundar}' lines of a lot.
18.80.1660 LOT MEASUREMENTS
ry. Lot Depth. The horizontal distance of a line measured at a right angle to the front lot line and
running between the front lot line and rear Iot line of a lot.
B. Lot Width. 1'he distance as measured in a straight line, between side lot lines at the points of
intersection with the required front building line.
C. Lot Frontage. "I"he horizontal distance between the side lot lines measured at the point where the
side lot lines intersect the sheet right-of-wa~~. ~ll sides of a lot that abuts a street shall be
considered frontage. On curvilinear streets, the arc betlveen the side lot lines shall be considered
the lot frontage.
D. Lot ~~rea. "1'he total horizontal area within the boundar~~ lines of a lot.
18.80.1670 LOT TYPES
~. Corner Lot. 1~ lot at a junction of, and fronting on, two or more intersecting streets.
B. Interior L,ot. 11 Iot other than a corner or through lot.
Ordinance # 1761: Effective august 8, 2009
page 80-19
C. Double frontage or Through Lot. ~1 lot having frontage on hvo parallel, or approximately
parallel, streets.
D. Reverse frontage Lot ~~ double frontage or through lot that is not accessible from one of the
parallel or nonintersecting streets on which it fronts.
18.80.1680 LOT LINE, FRONT
In the case of an ii7terior lot, a line separating the lot from the street, in the case of a corner lot, a line
separating the narrowest street frontage of the lot from the street and in the case of a double frontage or
through lot, a line separating the lot from the street from which a dri~re access may be permitted b~• the
Cite. .
18.80.1690 LOT LINE, REAR
,~ lot line which is opposite and most distant from the front lot line and, in the case of an irregular or
triangular shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance from
the front lot laic.
18.80.1700 LOT LINE, SIDE
.any lot boundary line not a front lot line or a rear lot line.
18.80.1710 LOT LINE, ZERO
1~ concept utilized to permit a structure or wall of a building to be located on a property line.
18.80.1720 LOT WIDTH
"1"he distance as measured in a straight line, between side lot lines at the points of intersection with the
required front building line.
18.80.1730 LOT WITH RESIDENTIAL ADJACENCY •
~~ny of the following:
~~. .~ building site in a residential zoning district, if the site abuts or is directh• across a street or alley
from an R-1, R-2, R-3, R-4 or R-O zoning district;
B. ~ building site in a nonresidential zonng district, if the site abuts or is directly across a street or
alley from an K-S, R-1, R-2, R-3, R-4 or R-O zotung district;
C. ~~~n artificial lot in a residential district, if the lot is less than 200 feet from an R-1, R-2, R-3, R-4
or K-0 zoning district; or
D. ~~n artificial lot iii a nonresidential zoning district, if the lot is less than 200 feet from an R-S, R-
1, R-2, R-3, R-4 or R-O zoning district.
18.80.1740 LOW-PROFILE SIGN
rl freestanding sign composed of a solid structure between finished grade and the top of the sign. ~~lso
referred to as a monument sign.
18.80.1750 LUMINAIRE
~ complete lighting unit consisting of a light source and all necessai-~~ mechanical, electrical and
decorative parts; also called the lighting fixture.
18.80.1760 LUMINANCE
The ph}'sical and measurable luminous intensity of a surface (e.g., a lamp, luminaire, reflecting material) .
in a specific area and measurable with an illuminance meter. The quotient of the luminous flux at an
element of the surface surrounding the point, and propagated in directions defused by an elementary
Ordinance # 1761: Effective I~ugust 8, 2009 page 80-20
cone containing the given direction, b~- the product of the solid angle of the cone and area of the
orthogonal projection of the clement of the surface on a plane perpendicular to the given direction. The
luminous flux ma~~ be leaving, passing through and/or arriving at the surface.
18.80.1770 LUX
1~ unit of light intensit}~ stated in lumens per square meter. There is approximately 10.7 lux per
footcandle.
18.80.1780 MANUFACTURED HOME
~ factoi~~-built, single-household structure that is manufactured under the authority of 42 USC '15401,
the National Manufactured llomc Construction and SafetS~ Standards pct, is built on a permanent
chassis, and is used as a place for human habitation, but which is not constructed or equipped with a
permanent latch or other device allowing transport of the unit other than for the purpose of delivery to
a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
This definition specifically does not include recreational vehicles. any dwelling meeting the definition of
modular home is not a manufactured home.
18.80.1790 MANUFACTURED HOME LOT OR SPACE
~~ lot for rent or lease in a manufactured housing communit}~ designated for the accommodation of one
manufactured home and its accessor~~ buildings or structures for the exclusive use of the occupants.
18.80.1800 MANUFACTURED HOME STAND
That area of a lot for rent or lease which has been prepared for the placement of a manufactured home
in a manufactured home communit}'.
• 18.80.1810 MANUFACTURED HOME COMMUNITY
any piece of real property under single ownership or control for which the primary purpose is the
placement of two or more manufactured homes for permanent residential dwellings and for the
production of income. r~ manufactured housing community does not include real propert}- used for the
display and sale of manufactured ui>its, nor does it include real propert~~ used for seasonal purposes only,
as opposed to }'ear-round occupancy. Home sites within the communing are leased to individual
homeowners, who retain customary leasehold rights.
18.80.1820 MANUFACTURING
`l'he creation of products either with machinery or by hand according to an organized plan and with the
dig=ision of labor.
18.80.1830 MANUFACTURING, LIGHT
Fabrication of and/or assembly of goods from previously prepared materials.
18.80.1840 MEAN SEA LEVEL
The National Ueodetic Vertical Datum (NCGVD) of 1929 or other datum to which base flood elevations
are references.
18.80.1850 MEDICAL OFFICES, CLINICS AND CENTERS
ran establishment where patients are admitted for special study and treatment by licensed health care
professionals, including acupuncturists and chiropractors.
Ordinance # 1761: Effective august 8, 2009 page 80-21
18.80.1860 MICRO-SCALE WIRELESS FACILITY
,y wireless facility-, less than 10 feet iiz height from the base to the highest point, including attachments.
When calculating the height of a facilit}', other structures designed for other uses such as builduigs or
water towers shall. not be included iii the calculation.
18.80.1870 MINING
The extraction of sand, gravel or other material from the land in the amount of four-hundred cubic
yards or more and the removal thereof from the site without processing.
18.80.1880 MINI-WAREHOUSE (WAREHOUSE, RESIDENTIAL STORAGE)
1~ building or group of buildings in a controlled access and fenced or screened compound that contains
relatively small storage spaces of varying sizes and~or spaces for recreational vehicles or boats, having
individual, compartmentalized and controlled access for the dead storage of excess personal property of
an individual or household generall}' stored in residential accessory structures, when such building or
group of buildings are not located on the lot of the residence.
18.80.1890 MINOR SUBDIVISION
~~ subdivision that creates five or fewer lots from a tract of record.
18.80.1900 MOBILE HOME
~~ transportable, manufactured structure, suitable for year-round single-household occupancy and having
water, electrical and sewage connections similar to those of conventional dwellings. This definition
applies onh~ to units constructed prior to the Federal Manufactured Housing Construction and Safet~~
Standards .1ct of 1974, which became effective ~une 1 S, 1976. Compare with the definition of
manufactured home.
18.80.1910 MOBILE OFFICE
1~ factory assembled structure or structures exceeding 8 feet in width, originally equipped with the
necessary service connections, and originally made so as to be readilti~ movable as a unit or units on its
(their) own running gear and designed to be used as an office t~~ithout a permanent foundation, in
compliance with all applicable state regulations, whether or not the running gear has been removed.
18.80.1920 MODEL HOME
1~ home constructed to displa}' a builder's for sale or lease unts but which does not set~re as a dwelling
unit until sold as a residence.
18.80.1930 MODULAR OR SECTIONAL HOME
~ dwelling unit meeting the standards of the International Building Code which was mass produced iii a
factory, designed and constructed for transportation to a site for occupancy when connected to the
required utilities and when permanently anchored to a permanent foundation, whether intended for use
as an independent, individual unit or in combination with other units to form a larger building, and
which does not have integral wheel, axles or hitch. For the purposes of locating a dwelling according to
the standards of this title there is no distinction made between a dwelling constructed wholly or partly
off-site and a dwelling constructed on-site so long as they meet the standards of the City's adopted
International I3uilduig Code.
18.80.1940 MONUMENT (PERMANENT MONUMENT)
r~ny structure of masonry, metal or other permanent material placed iii the ground which is exclusively
identifiable as a monument to a survey point, expressly placed for sui-~~eying reference.
Ordinance # 1761: Effective august 8, 2009 page 80-22
18.80.1950 NATURAL ENVIRONMENT
'hhc ph~~sical conditions which exist within a given area, including land, water, mineral, flora, fauna,
noise, light, and objects of histoi~c or aesthetic significance.
18.80.1960 NEIGHBORHOOD COMMERCIAL CENTER
Commercial uses oriented at sei-~~ing the needs of neighborhoods. These areas are typified by smaller
scale shops and ser-~Tices, and a high level of pedestrian, bicycle and transit opportunities. Neighborhood
commercial centers are intended to support and help give identity to individual neighborhoods by
providing a visible and distinctive focal point. ~ neighborhood commercial center ma>> also contain uses
that draw from more than the immediate vicinit}~, especially when located adjacent to arterial streets.
r~etivities commonly expected in this classification are dayeares, smaller scale groceries, bakeries, coffee
shops, retail stores, small restaurants, offices and residences above other uses.
18.80.1970 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT
ran area designated as the neighborhood consei-~-ation overlay district on the Cit}~ zoning map pursuant
to the procedures set forth herein.
18.80.1980 NET RESIDENTIAL DENSITY
The number of residential dwelling units per buildable unit of land, excluding any land used or to be
used as street rights-of-wa~~, parks, public buildings or private nonresidential uses. hor calculating net
residential density, the following formula shall apply:
D = du
~ - (c+i+s+a+d)
Where D =Residential density
du =Total number of dwelling units iii project
1~1 =Total site area (acres)
c =`T'otal commercial land area (acres)
i = 'Total industrial land area (acres)
s =Reserved but undedicated school or park sites (acres)
a =Street, public or private, rights-of-way and transportation easements (acres)
d =Dedicated park lands, conservation easements, or common open spaces (acres)
18.80.1990 NEW CONSTRUCTION
Development commenced on or after the effectiee date of the ordinance codified in this title.
18.80.2000 NONBROADCAST TELECOMMUNICATION FACILITY
~~ facility used for the transmission or enhancement of telecommunications which does not include the
presence of antennas, as defined in this title. A nonbroadcast telecommunication facilith does not
include office use, materials storage or other similar uses.
18.80.2010 NONCANOPY TREE
~ large tree which in its native state has at maturity canopy vegetation less than 6 feet above the ground.
18.80.2020 NONCOMMERCIAL SPEECH
any sign wording, logo or other representation that does not directly or indirectly name, advertise or call
attention to a business, product, service or other commercial acti~rit5~.
Ordinance # 1761: 1/ffective august 8, 2009 page 80-23
18.80.2030 NONCONFORMING SIGN
ty sign that does not conform to the provisions of Chapter 18.52, BMC.
18.80.2040 NONCONFORMING STRUCTURE
r~ny structure which was legal prior to the effective date of the ordinance codified >l~ thls chapter which
fails to comply with the building location standards, and/or size requirements of the applicable zone of
this title in which it is located.
18.80.2050 NONCONFORMING USE
~n existing use of land or building which was legal prior to the effective date of the ordinance codified
in this title but which fails to comply with the requirements set forth in this title applicable to the zone
in which such use is located.
18.80.2060 NOXIOUS MATTER OR MATERIAL
;Material capable of causing injut-~~ to li~=ing organisms by chemical reaction or capable of causvig
detrimental effects on the physical or economic well-being of individuals.
18.80.2070 NURSING HOME
l~n extended or vltermediate care facility licensed or approved to provide full time convalescent or
chronic care to individuals who, b~~ reason of advanced age, chronic illness or infirmity, are unable to
care for themselves.
18.80.2080 NURSERY, PLANT
•
Facilities for commercial development, growth and sale of plants and~or for the utilization of and
storage of equipment for landscaping operation and wholesale and~or retail or commercial gardening
supplies.
18.80.2090 OFF-PREMISE SIGN
~~ sign which advertises or directs attention to products or activities that are not provided on the parcel
upon which the sign is located.
18.80.2100 OFFICES
Buildings or portions of buildings in which commercial activities take place but where goods are not
produced, sold or repaired. "These include but are not limited to general and professional offices;
governmental offices; insurance offices; real estate offices; taxicab offices (but not taxi stands); travel
agency or transportation ticket offices; telephone exchange; utilin~ offices; radio broadcasting and similar
US(:S.
18.80.2110 OFFICIAL FLOODPLAIN MAPS
The Flood Insurance Rate Maps and Flood Boundai-~~~Floodway Maps provided by FEMr1 for the City
dated ]ul}~ 15, 1988 and incorporatuig any approved updates or revisions.
18.80.2120 ONE-HUNDRED YEAR FLOOD
~ flood having a one percent chance of being equalled or exceeded in any given year. ~~ 100-year flood
has nearly a 23 percent chance of occurring in a 25-year period. ~ 100-year flood is the same as a base
flood.
18.80.2130 OPEN SALES (OR RENTAL) LOT •
.any land used or occupied for the purpose of buying, selling or renting for use away from the premises,
any goods, materials or merchandise, and for the exterior storing of same prior to sale or rental.
Ordinance # 1761: Effective ~~ugust 8, 2009 page 80-24
18.80.2140 OPEN SPACE
.~ land or eater area devoid of buildings and other physical structures except where accessory to the
provision of recreation, including but not limited to benches, picnic tables and interpretive signage.
18.80.2150 OPEN SPACE, USABLE
'1"hat space which is capable of being used b~° the public for recreation, relaxation and social purposes.
Parking lots and perimeter landscaping are specifically excluded from this definition of usable open
space, except as allowed by ~~18.36.090, I31\~1C.
18.80.2160 ORDINARY HIGH WATER MARK
The outermost line caused b~~ water impressing on land and covering it for sufficient periods to cause
physical characteristics that distinguish the area Belo«~ the line from the area above it. Characteristics of
the area below the line include, when appropriate, but are not limited to, deprivation of the soil of
substanuall}' all terrestrial vegetation and destruction of its agricultural vegetative value. ~ floodplain
adjacent to sw-face waters is not considered to lie within the surface water's high water marks.
18.80.2170 OVERLAY ZONE
~~ zone superimposed upon an underlying zone which establishes special requirements iii addition to, or
v1 lieu of, those of the underlying zone.
18.80.2180 PARAPET
'1"hat part of the wall which extends above the roof. For the purposes of this title relating to signage, the
top of the parapet shall be considered to be the roofline.
18.80.2185 PARK
I~'or the purposes of this title onh~, park means an open space, as defined in this title, under the
ownership or other legal control of the City of Bozeman which provides area for active and passive
recreational purposes.
18.80.2190 PARKING AREA
~~n area, other than a street or alley designated for use, or used, for temporarS~ parking of vehicles.
18.80.2200 PARKING SPACE, OFF-STREET
.~ space designated for the temporar}~ parking of a motor vehicle not on the right-of-wa}' or alley but
accessible from a street or alley.
18.80.2210 PARTY WALL
.yn~- wall of a building or structure which is common to two or more buildings, and which has a
mii~num of one-hour fire-resistant construction as defined and regulated by the latest adopted
International Building Code.
18.80.2220 PATHWAY
~~ facilit}~ that accommodates the recreational and/or transportation needs of pedestrians and bicyclists,
including sidewalks, bike lanes, boulevard trails and trails.
18.80.2230 PAVED PARKING SPACE OR SURFACE
~~n area covered by an imper~=ious dust free surface of asphalt or concrete designed to specifications of
• the Cit<- Engineer.
Ordinance # 1761: Effective August 8, 2009 page 80-25
18.80.2240 PENNANT
any lightweight plastic, fabric or other material, whether or not containing a message of any kind,
suspended from a rope, wire or string, usually iii series, designed to move in the wind.
18.80.2250 PERMEABLE PAVEMENT
~~ paving material that permits water penetration to a soil depth of 18 inches or more. Permeable
pavement may consist of nonporous surface materials poured or laid in sections not exceeding one
square foot in an area and collectively comprising less than two-thuds of the total sw~face area.
18.80.2260 PERMITTED USE
1~ use which is lawfully established in a particular district or districts and which conforms with all
requirements, regulations and performance standards of such district. ,1 permitted use may be a
principal use, an accessor}' use or a conditional use.
18.80.2270 PERSONAL AND CONVENIENCE SERVICES
Businesses offering sei-~-ices such as barbershops, beautt~ shops, tailors, shoe repair, tattooing, massage,
laundromats, laundi-~- and dr}~ cleaning pickup and delivery stations, and similar uses. Some production
of finished goods may occur as an activity accessory to the delivery of services.
18.80.2280 PERSONAL PROPERTY
Propert}', other than real propert~~, consisting of tluugs temporal and movable.
18.80.2290 PERSONS
Includes anv individual or group of individuals, corporations, partnerships, associations or any other
organized group of persons, including state and local governments and agencies thereof.
18.80.2300 PLANNED UNIT DEVELOPMENT (PUD) •
1~ land development project consisting of residential clusters, industrial parks, shopping centers, or
office building parks or anv combination thereof that compose a planned mixture of land uses built ii1 a
prearranged relationship to each other and having open space and communit}' facilities in a common
ownership or use, and~or public parkland.
18.80.2310 PLANNING BOARD
The Bozeman Planning Board.
18.80.2320 PLANNING DEPARTMENT
"1 he Bozeman Department of Planning and Communitt~ Development.
18.80.2330 PLANNING DIRECTOR
The Director of the Bozeman Department of Planning and Communit}~ Development and the person
charged with the administration of this title unless otherwise specifically noted iii this title.
18.80.2340 PLAT
1~ graphical representation of a subdivision showing the division of land into lots, parcels, blocks,
streets, alle~~s, and other divisions and dedications.
18.80.2350 PLAZA
.fin area generally open to the public on a controlled basis and used principally for passive recreational
activities and relaxation. Plazas are paved areas typically providing amenities such as seating, drinking
and ornamental fountains, art, trees and landscaping for use by pedestrians.
Ordinance # 1761: Effective August 8, 2009 page 80-26
18.80.2360 POLE SIGN
.~ freestanding sign which is supported by a column(s) or other structural member(s) that is permanently-
attached to the ground or aground-mounted structure and provides a minimum of 8 feet of visible,
vertical clearance between the bottom of the sign and finished grade.
18.80.2370 PORTABLE SIGN
Any sign not permanentl}' attached to the ground or other permanent structure, or a sign designed to be
transported, including, but not limited to, signs designed to be transported b}' means of wheels; signs
converted to .~- or "1'-frames; balloons used as signs; umbrellas used for advertising; and signs attached
to or painted on vehicles parked and visible from the public right-of-wa~~, unless said ~rehicle is used in
the normal day-to-day operations of the business.
18.80.2380 PRESERVATION BOARD
'The Bozeman Historic Preservation Advisor' Board.
18.80.2390 PRIMARY ACCESS
The major access to a subdivision. The major access generall~~ carries the most traffic as determined b~~
the traffic engineerilig study.
18.80.2400 PRINCIPAL USE
~ use or structure which deternunes the predominant or major use of the lot on which it is located. "1 he
principal use shall be that use which establishes the character of the property- relative to surrounding or
adjacent properties.
18.80.2410 PRIVATE STREET
:~~ right-of-wa}' usable b~~ the public but maintained b}' a property owners association.
18.80.2420 PROJECTING SIGN
Any sign affixed to a building or wall in such a manner that its leading edge extends more than G inches
beyond the surface of such building or wall and is perpendicular to such building or wall.
18.80.2430 PROPER ACCESS
Either an improved public street or road, maintained by the City of Bozeman, Gallatin County or the
State of i~7ontana; or a street or road built to the standards pro~rided in these regulations.
18.80.2440 PROPERTY OWNER
An~~ person, firm, corporation or other entity shown as being the legal owner of a tract, parcel or lot in
the records of the Countt~ Clerk and Recorder.
18.80.2450 PROPERTY OWNERS ASSOCIATION
~~n association incorporated or not incorporated, combining individual property ownership with shared
use or ownership of common property or facilities, or shared maintenance of subdivision or
communit~~ facilities. This definition includes condominium associations.
18.80.2460 PUBLIC BUILDING
building, supported by government funds, to be used in an official capacity on behalf of the entire
community.
C7
Ordinance # 1761: Effective August 8, 2009 page 80-27
18.80.2470 PUBLIC HEALTH AND SAFETY
.~ condition of optimal well-being, free from danger or injure, for a communit}~ at large, not mereh~ for
an individual or small group of persons.
18.80.2480 PUBLIC IMPROVEMENT
.env structure or facility constructed to sei-~-e the residents of a subdivision or the general public such as
parks, streets, sidewalks, curbs, gutters, street lighting, utilities and s}stems for water supply, sewage
disposal and drainage.
18.80.2490 PUBLIC STREET OR ROAD
1~ street or road for which the right-of-wa~~ has been dedicated to the public.
18.80.2500 REAL PROPERTY
Propert<~ consisting of buildings and/or land.
18.80.2510 REAR YARD
~ yard extending across the full width of the lot between the two side lot fines the depth of which is the
distance required by this title between the rear propert<~ line and the rear building fine.
18.80.2520 RECREATIONAL VEHICLE
1~ vehicular t)~pe portable structure without permanent foundation, which is built on a single chassis;
which is designed to be self-propelled or permanently towable bi a light dut~~ truck; primarily designed
as temporary living accommodation for recreational, camping and travel use and including but not
limited to travel trailers, truck campers, camping trailers and self-propelled motor homes less than 8 feet
in width and 5O feet in length.
T
•
18.80.2530 RECREA
IONAL VEHICLE PARK
~ plot of ground upon which two or more sites are located, established or maintained for occupancy by
the general public as temporary living quarters for travel, recreation or vacation purposes.
18.80.2540 RECREATIONAL VEHICLE SPACE
~y lot for rent or lease within a recreational vehicle park designed for the placement of a single
recreational vehicle and the exclusive use of its occupants.
18.80.2550 RELOCATION
.any movement of a structure, on the same site or to another site.
18.80.2560 REPAIR
~~ny change not otherwise construed as light construction or an alteration, as herein defused, that
constitutes replacitlg broken, worn or damaged materials with like, not necessarily identical, materials
and is insignificant to the size and condition of the structure or property. Repainting and reroofing shall
be included under this definition of repair.
18.80.2570 REQUIRED FRONT BUILDING LINE
The line nearest to the front and across a lot establishing the muiimum open space to be provided
between the front line of a building and the front lot line. See also definition of "setback line".
18.80.2580 REQUIRED REAR BUILDING LINE
The line nearest to the rear and across a lot establishing the minunum open space to be provided •
between the rear line of a building and the rear lot line. See also definition of "setback line".
Ordinance # 1761: Effective august 8, 2009 page 80-28
18.80.2590 REQUIRED SIDE BUILDING LINE
"hhe line nearest to the side and extending between the required front building line and required rear
building line establishing the n~iimum open space to be provided between the side line of a building
and the side lot line. See also definition of "setback line".
18.80.2600 REQUIRED YARD
The minimum dunension of a front, side or rear }'ard as established by the use regulations for each
district.
18.80.2610 RESTAURANT
any restaurant (except adrive-in restaurant or a convenience food restaurant as defused in this chapter),
coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, drugstore and soda fountain
serv>l~g food.
18.80.2620 RETAIL
The rental or sale of tangible personal propert}- for any purpose other than for resale.
18.80.2630 RETAIL, LARGE SCALE
"1'he sale of tangible personal propert)~ for any purpose other than for resale where the total area utilized
b}~ a single tenant, exclusive of parking, occupies 40,000 square feet or more.
18.80.2640 REVOLVING SIGN
rlny sign which all, or a portion of, may rotate either on an intermittent or constant basis.
18.80.2650 RIDGELINE
~ relatively narrow elevation that is prominent because it rises at an angle of 25 percent or greater; an
elongated crest, or series of crests, with or without individual peaks, significantly higher than the
adjoining ground and often acting as the hydrologic dividing line between two or more drainage areas.
18.80.2660 RIDGELINE PROTECTION AREA
~ ridgeline protection area is the area within 150 feet horizontal feet of a ridgeline, measured
perpendicular to the ridgeline when the ridgeline is:
r~. Located in an area above 4,900 feet in elevation above mean sea level; and
B. When the elevation of a line parallel to the ridgeline loses either:
1. i1t least 10 feet in vertical elevation on both sides of the ridgeline within 100 feet; or
2. ryt least 30 feet iii vertical elevation on both sides of the ridgeline widun 300 feet.
3. ~~ combination of the two standards where one side of the ridgeline meets one loss of
elevation standard and the opposite side meets the other.
18.80.2670 RIGHT-OF-WAY
~~ linear public way established or dedicated for public purposes by duly recorded plat, deed, easement,
grant, prescription, condemnation, governmental authorit}~ or by operation of the law and intended to
be occupied by a street, crosswalk, railroad, electric transmission lines, water line, sanitary sewer line,
stormsewer line or other similar uses.
18.80.2680 ROADWAY
That portion of the street or road right-of--way which is improved or is proposed to be improved to
can-} traffic and provide for the on-street storage of automobiles; where curb is provided, the roadway is
measured from back-of--curb to back-of-curb.
Ordinance # 1761: Effecti~re august 8, 2009 page SO-29
18.80.2690 ROOF SIGN
rlny sign erected and constructed on and Deer the roof of a building, supported by the roof structure,
and extending vertically above any portion of the roof. Koof signs shall not include signs located on a
mansard roof if the sign is mounted vertically and integrated with the roof. For the purpose of this
chapter, architecturally integrated mansard signs and other architecturally integrated signs located below
the principal roof line shall be classified as wall signs.
18.80.2700 SCHOOL
~~ny 1) pre-primai~~, primary or grammar, public, paroclval or private school or high school; 2)
preparatory school or academy, public or founded, or owned or conducted b}' or under the sponsorship
of a religious or charitable organization; 3) private preparatory school or academe furnishing courses of
instruction substantially equivalent to the courses offered by public high schools for preparation of
admission to college or universities which award 13.x. or 13.S. degrees; 4) junior college or university,
public or founded, or conducted by or under the sponsorship of a religious or charitable organization;
or 5) private school when not conducted as a commercial enterprise for the profit of vldividual owners
or stockholders.
18.80.2710 SCREENING
~ method of visually shielding or obscuring an abutting or nearby structure or use from another
through the use of solid or nearly solid barriers (e.g., wall, fence, plantings, berms).
18.80.2720 SECURITY LIGHTING
~ll outdoor lighting used for, but not limited to, illumination for walkways, roadways, equipment yards,
parking lots and outdoor security where general illumuiation for safety or securitt~ of the grounds is the
primai~~ concern. •
18.80.2730 SECOND OR SUBSEQUENT FRONT YARD OR CORNER SIDE YARD
A yard on a corner lot the area of which is bounded by a line extending from the front of the principal
building (the front building line) to a point intersecting the side street right-of-~~~ay line (side lot line),
then along the side lot line to a point intersecring the rear lot line, then along the rear lot line to a point
intersecting the line formed by e~tendilig the wall of the nearest principal building paralleling the side lot
line.
18.80.2740 SETBACK
The distance from the propert}~ line to the nearest part of the applicable building, structure or sign,
measured perpendicularly to the propert}' line.
18.80.2750 SETBACK LINE
That line that is the required minimum distance from the street right-of-way or public access easement
line or any other lot line that establishes the area within which structures must be placed, as specified in
this title.
18.80.2760 SEWER, PUBLIC
any sanitary sewer line owned and maintained by the CitS~, whether or not installed by the City.
18.80.2770 SHARED ACCESS
~ freed automotive and pedestrian access location from a street to two or more adjoining properties
which mutually have the right and ability to use the access, and which has been established by an
easement or oilier legally binding means.
Ordinance # 1761: Effective 1'~ugust 8, 2009 page 80-30
18.80.2780 SHOPPING MALL
11 multi-tenant retail structure. where tenants are located on both sides of a coy>ered walkway with direct
pedestrian access to all establishments from the walkway.
18.80.2790 SIGN
any device, future, placard or structure that uses any color, form, graphic, illumination, symbol or
writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to
communicate information of any kind to the public.
18.80.2800 SIDE YARD
1~ ~~ard extending between the front building line and the rear building line, the width of which is the
least distance between the side lot line and the nearest part of the principal building.
18.80.2810 SITE PLAN
~-~ scale drawing showing the accurate location of all structures, streets, alleys and parking areas, existing
and proposed, on subject propern~ or any other information as may be required by this title.
18.80.2820 SMALL SCALE WIRELESS FACILITY
1~ wireless facility less than 25 feet in height from the base to the highest point including attachments.
1:xamples of supporting structures are monopoles, self supporting (lattice) towers, gu}'-wire supported
towers and other similar structures. When calculating the height of a facility, other structures designed
for other uses such as buildings or water towers shall not be included in the calculation. 'T'his definition
excludes those facilities meeting the definition of micro-scale wireless facilit)~. Some illustrated examples
of locations for possible small scale. wireless facilities are shown in the appendix.
• 18.80.2830 SMALL TREE
ly tree of a species which normally reaches a height of less than 25 feet upon maturitti~.
18.80.2840 SOIL
medium in which plants will grow.
18.80.2850 SPECIAL EVENT SIGN
~~ temporai-~~ sig7i which advertises special civic events and activities such as street fairs, communit}~
festivals, parades, farmers markets and cliarit5~ benefits.
18.80.2860 SQUARE
Open space that may encompass an entire block, is located at the intersection of important streets, and
is set aside for civic purposes, and consists of paved walks, lawns, trees and civic buildings.
18.80.2870 STABLE, COMMERCIAL
luny building or complex of buildings and pastures which is designed, arranged, used or intended to be
used for equestrian purposes, where less than 75 percent of the capacity is for the use of the owner or
resident of the property 1~ public stable is an agricultural activit~~.
18.80.2880 STABLE, PRIVATE
~n}' building located on a lot which is designed, arranged, used or intended to be used for not more
than four horses for the private use of the owner of the lot, but shall not exceed 6,000 square feet vi
• area.
Ordinance # 1761: Effective august 8, 2009 page 80-31
18.80.2890 START OF CONSTRUCTION
The commencement of clearvig, grading, filling or excavating to prepare a site for construction.
18.80.2900 STEALTH, OR CAMOUFLAGED •
Placement of a wireless facility in such a way that it may not be discerned as being separate from the
principal use of a site. This ma}' be accomplished through visual screening, use of color or encasement
of the facility within an existing structure such as a steeple. ~ stealth installation may also ilZClude the
placement of a new structLUe to contain the facilitt~ so long as the new structure complies with the
height, setback and other requirements of the zoning code or is otherwise elempt from those
requirements.
18.80.2910 STREET
~ right-of-way, dedicated or otherwise legally established, for public use by motorized and non-
motorized vehicles and pedestrians, usually affording the principal means of access t<,> abutting propcrt)~.
18.80.2920 STREET FRONTAGE
any property line separating a lot from a street other than an alley; the front lot line.
18.80.2930 STREET, PUBLIC
any street which has been dedicated to or is otherwise publicly owned. anj~ street not a public street
shall be deemed a private street.
18.80.2940 STREET TYPES
hor the purposes of these regulations, street t~~pes are defined as follows:
,~. alley. a street used priinarilti~ for vehicular access to the rear of properties which abut and are
seared by public or private sweets.
B. ~~rterial. ~~ street or road having the primary function of mop-ing waffic with emphasis on a high
level of mobilit}~ for through movement and the seccandary function of pro~-iding limited access
to adjacent land. ~-arterial streets are generally designated in the Bozeman transportation plan,
however, streets not depicted ui the Bozeman transportation plan may be designated as arterials
by the Cir<~ L:ngineer.
1. Principal arterial. Serves the major centers of acti~~its~, the highest traffic volume
corridors, and the longest trip distances in an urbanized area. This group of sweets
carries the highest proportion of the total traffic within the urban area with typical loads
of 10,000 to 35,000 vehicles per da}'• ~1ost of the vehicles entering and leaving the urban
area, as well as most through traffic bypassing the cenwal business district, utilize
principal arterials. Significant intra-area travel, such as between central business districts
and outlying residential areas, and behveen major suburban centers, are served by major
arterials.
2. Minor arterial. Interconnects with and augments the urban principal arterial system. It
accommodates trips of moderate length and at a somewhat lower level of travel mobility
than principal arterials, and it distributes wavel to smaller geographic areas. With an
emphasis on traffic mobilit)~, this street network includes all arterials not classified as
principal arterials while providing access to adjacent lands. 1~linor arterials t}Tpicall}' carry
5,000 to 15,000 vehicles per day.
C. Collector. a street or road that provides equal priorit}' to the movement of waffic, and to the
access of residential, business and industrial areas. 't'his tt~pc of roadwa~~ differs from those of •
the arterial system in that the facilities on the collector s~-stem may waverse residential
Ordinance # 1761: L:ffective august 8, 2009
page 80-32
neighborhoods. The s~°stcm distributes trips from the arterials to ultimate destinations. "llle
collector streets also collect traffic from local streets iii the residential neighborhoods,
channeling it into the arterial system. Collectors typically cane 2,000 to 10,000 veluclcs per dav.
Collector streets are t)~pically designated in the Bozeman transportation plan, however,
additional streets may be designated as collectors by the Cit}' Engineer.
D. Cul-de-sac. ~ street having onl}' one outlet for vehicular traffic and terminating in a turnaround
area.
E. Dead-End Street .~ street having onl}- one outlet for vehicular traffic.
F. I-Ialf-Street. ~ portion of the ~~ndth of a street, usually along the outside perimeter of a
subdivision, ~>here the remaining portion of the street must be located on adjacent propern~.
G. Local Streets. ~ street having the primai~~ purpose of permitting access to abutting lands and
connections to higher s~~stems. Generally, sei-~~ice to higher speed traffic movements arc
intentionally discouraged. They t)~pically carry 1,000 to 3,000 vehicles per day but can caril~ in
excess of 6,000.
I I. L,oo ~..~1 local street which begins and ends on the same street, generally used for access to
properties and to control traffic access to arterials or collectors.
18.80.2950 STRUCTURE
~~n}'thing constructed or erected which requires location on the ground; and for the purposes of
floodplain review anything which ma~~ iinpede, retard or alter the pattern of flow of water in a
floodplain.
18.80.2960 STRUCTURAL ALTERATION
~n~- change in the supporting members of a building, such as bearing walls or partitions, columns,
beams or girders, or any change in the exterior walls or the roof.
18.80.2970 SUBDIVIDER
any person, firm, corporation or other entity who causes land to be subdivided or who proposes a
subdivision of land.
18.80.2980 SUBDIVISION
~~~ division of land or land so divided that it creates one or more parcels containing less than 160 acres
that cannot be described as aone-quarter aliquot part of a United States government section, exclusive
of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased or
otherwise conveyed, and shall include any resubdivision, and shall further include any condominium or
area, regardless of its size, that provides or will provide multiple space for recreational camping vehicles
or manufactured homes. r~ subdi~nsion shall comprise only those parcels less than 160 acres that cannot
be described as aone-quarter aliquot part of a united States government section when the parcels have
been segregated from the original tract, and the plat thereof shall show all such parcels whether
contiguous or not.
18.80.2990 SUBDIVISION OR DEVELOPMENT CONSTRUCTION YARD
,~ temporary office and/or vehicular and material storage yard.
18.80.3000 SUBSTANTIAL DAMAGE
Damage sustained b}' a structure where the cost of restoring the structure to its condition before damage
would equal or exceed 50 percent of the market value of the structure before the damage occurred as
determined by Gallatin Count)~'s last equalized assessment roll.
Ordinance # 1761: Effective dugust 8, 2009 page 80-33
18.80.3010 SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50
percent of the market value of the structure either:
~~. Before the improvement or repair is started; or
B. If the structure has been damaged, and is being restored, before the damage occurred. For the
purposes of this definition, substantial improvement is considered to occur when the first
construction to an~~ wall, ceiling, floor or other structural part of the building commences. The
term does not include:
Any project for improvement of a structure to comply with existing state or local health,
sanitai-~~ or safem code specifications which are soleh~ necessai~~ to assure safe living
conditions, or
2. An}' alteration of a structure listed on the National Register of historic Places or State
Inventoiv of Historic Places.
18.80.3020 SUITABLE FILL
Fill material which is stable, compacted, well-graded, pei-~rious, generally unaffected bh water and frost,
deaoid of trash or similar foreign matter, deg-oid of tree stumps or other organic material and is fitting
for the purpose of supporting the intended use and/or permanent structure.
18.80.3030 SURVEYOR (REGISTERED LAND SURVEYOR)
.~ person licensed in conformance with the 1~2ontana Professional Engineers, Registration Act (~37-67-
101 through X637-67-332, MC.~) to practice sur~•eying in the State of 1\~lontana.
18.80.3040 SWAP MEET •
Any permanent or temporary sales or lot where the sale or trade of goods, materials and merchandise
takes place outside any permanent structure, from within temporary structures or from vehicles and
where several sellers or traders mad- congregate for the purpose of selling or trading.
18.80.3050 TEMPORARY USE
r~ use established for a fixed period of time with the intent to discontinue such use upon the expiration
of the time period.
18.80.3060 TRANSIT STOP
Improvements and facilities at selected points along transit routes for passenger pickup, drop off and
waiting. Facilities and improvements may include shelters, benches, signs, structures and other
improvements to provide security, protection from the weather and access to nearby services.
18.80.3070 TOWNHOUSE
A dwelling unit, located on its own lot, that shares one or more common or abutting walls with one or
more dwelling units, each located on its own lot. ~~ townhouse does not share common floors ceilings
with other dwelling units.
18.80.3080 TOWNHOUSE CLUSTER
~ building consisting of three or more noncommunicating, attached one-household units placed side by
side and/or back to back, with no unit located over another, and having a common wall between each
hvo adjacent dwelling units.
•
Ordinance # 1761: Effective August 8, 2009 page 80-34
18.80.3090 TRACT OF RECORD
r1n individual parcel of land, irrespective of ownership, that can be identified by legal description,
independent of anv other parcel of land, using documents on file in the records of the Count) Clerk and
Recorder's Office.
18.80.3100 UNIFORMITY RATIO
In outdoor fighting, a measure iiidicatuig how evenly fight is distributed across a surface as expressed in
a ratio of one value to another, such as average to minimum, or maximum to minimum. Usi11g ratios,
perfect ui>iformit}' would be 1:1.
18.80.3110 USE
"I'he employment or occupation of a building, structure or land for a person's sei-~rice, benefit or
enjoyment.
18.80.3115 USABLE LOT AREA
The portion of au area of a lot exclusive of setbacks or other building restrictions within wl>ich
structures subject to setbacks ma~~ be placed.
18.80.3120 VARIANCE
1~ modification or variation of the provisions of this title as applied to a specific piece of properrti~.
18.80.3130 VIOLATION
"The failure of a structure, subdivision, use of land or other development to be fully compliant with this
title.
• 18.80.3140 WALL SIGN
any sign painted on, attached to or erected against the wall of a building, structure, canopy or awning
with the exposed face of the sign parallel to the plane of said wall or structure. The sign must be
attached in a manner so that it does not extend 6 niches beyond the wall.
18.80.3150 WAREHOUSE
~n enclosed building designed and used primarily for the storage of goods and materials.
18.80.3160 WATERCOURSE
r~ny stream, river, creek, drainage, waterway, gully, ravine or wash iti which some or all of the water is
naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and
has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by
reason of overflow.
In the event of a braided or other multiple channel configuration of a watercourse, the area of the
watercourse shall be that area lying between the two outermost high water marks, as defined in this title.
The term watercourse shall not be construed to mean any facilit~~ created exclusively for the conveyance
of irrigation water or stormwater. The Cite may consult with other agencies with expertise in this matter
when there is a question of whether a particular water hod}' is a watercourse.
18.80.3170 WETLAND
'T'hose areas that are inundated or saturated by surface or ground water at a frequency and dw~ation
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
• t}'picall~~ adapted for life in saturated soil conditions, and meet the. established criteria briefly described
below.
Ordinance # 1761: Effective august 8, 2009 page 80-35
~~. Vegetation: ~1 prevalence of hydrophytic vegetation. Hydrophytic species, due to
morphological, ph}'siological, and/or reproductive adaptation(s), have the abilit~~ to grow,
effectively compete, reproduce, and/or persist in anaerobic soil conditions.
B. Soils: 1~ hydric soil is a soil that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions in the upper part.
C. H}'drology: The area is inundated either permanently or periodicall}', or the soil is saturated to
the surface at some time during the growing season of the prevalent vegetation at a duration
sufficient to induce anaerobic and reducing conditions.
18.80.3180 WHOLESALE
1'he sale of goods and merchandise for resale instead of for direct consumption.
18.80.3190 WILDLIFE
Animals that are neither human, domesticated, nor feral descendants of commonly domesticated
animals.
18.80.3200 WILDLIFE HABITAT
The place or r<-pe of habitat where wildlife naturally lives.
18.80.3210 WINDOW SIGN
,env sign painted, attached, glued or otherwise affixed to a window for the purpose of being visible from
the exterior of the building.
18.80.3220 WIRELESS FACILITY
1~n unstaffed facility for the transmission or reception of radio frequency (Rh), microwave or other
signals for commercial communications purposes, t)~pically consisting of an equipment enclosure, an
antenna support structure and one or more antennae. This definition excludes amateur radios, Essential
Sei-~=ices ('Type I), satellite earth stations and private receive-only antennae, such as for the reception of
television signals.
18.80.3230 WRECKING YARD
.~ place, lot or area where the primary function is that of dismantling, storage, abandonment or sak of
goods and materials as parts or scraps.
18.80.3240 YARD
:~ space on the same lot with a principal building, which is open and unoccupied from the ground
upward or from the ground downward other than by steps, walks, terraces, driveways, lamp posts and
similar structures, and unobstructed by structures, except as otherwise provided in this title.
18.80.3250 ZONING COMMISSION
The. Bozeman Toning Commission.
18.80.3260 ZONING MAP
~1 map or maps with all notations, dimensions, references and symbols sho~tm thereon depicting
individual zoned districts in accordance with this title.
Ordinance # 1761: Effective ~~ugust 8, 2009 page 80-36